Professional Documents
Culture Documents
The Dharmasutras are the earliest works on Hindu law. Among all of
written entirely in Sutra style and no versified passages are found in this
dharmasiitra, Vasi$thadharmasiitra and the like. But there occur some Sutras
author of this valuable work on ancient Hindu law. Gotama is a famous r$h i.e.
seer of the JRgveda. In the Rgvedic mantras, the name Gotama occurs at least
25
among the lines of teachers through whom the tradition was carried on. In the
26
viz. Radha Gautama, Gatri Gautama, Sumanta Babhrava Gautama and Samkara
Gautama who handed down the Samaveda9’ Thus, it is observed that the name
Place of Gautama
clear. George Buhler has argued that Apastamba came from south India.10
S,C. Baneqi holds that Gautamas were a school in South India studying the
Samaveda and it proves that this work originated in that region.*11 Julius Jolly
observes, “The Ranayanlyas had their principal seat in Maharastra and Telinga-
SamavedTs are still said to exist in eastern Hyderabad who are considered as
Raoayaniyas and are divided into seven gotras, one of which is called Gautama.
10. Vide, Max Muller, F.(ed), The Sacred Books of the East, Vol. 2,
Introduction, pp.xxxii-xl
Development, p. 20
27
Of course, the occurrence of the name of the Gautama school here may be
accidental, as is the case with the Gautama Brahmans in Bombay and other
Olivelle,13 “All the Dharmasutras were probably composed in the area that we
today call North India, principally because that appears to have been the region
of Brahmanical literary activity during the centuries before the common era.”
Regarding the place of Gautama he states, “Gautama’s use of the term yavana
(“Greek”) and bhik?u (mendicant), terms also used by Pan ini, and his ‘correct’
Sanskrit conforming to Paninian rules may indicate that he came from the
28
the Dharmasiitra of Sankha-Likhita by the followers of Vajasaneyi-Samhita
book. Among the four Vedas, the largest number of Sakhas is ascribed to the
Samaveda and it is said that it has one thousand recensions.16 Of the many
recensions of the Samaveda, only three have survived, e.g. the Raoayaniya, the
Kauthuma and the Jaiminiya. The Raoayanlyas are again subdivided into nine,
Caranavyuha. states that Gautama was one of the nine sub-divisions of the
1 ft
Ranayaniya school of the Samaveda. Gautama is mentioned as a teacher in
16. Vide., Max Muller, F., A History ofAncient Sanskrit Literature, p. 196
29
which deals with Krcchra penance is almost identical with the second Khan'da
texts, i.e. some Samans for expiating a blamable act or misbehavior. Again,
as the fifth Vyahrti.21 Generally, the three Vyahrtis are noted, viz. bhur, bhuvas
Gautama prescribes some mantras in his work which are called as the
observed that Gautama followed the tradition of the Samaveda. Haradatta, the
2.76
30
well-known commentator of the Gautamadharmasutra frequently and
pointedly refers in his commentary to the practices of the Chandogas and also
the Samaveda.
It is very difficult to find out the actual date and place of the authors of
25. Vide., Max Mtiller, F., (ed.), The Sacred Books of the East, Vol.2,
Introduction, p. xlix
si
Samavidhdnabrahmaoa. Again, Gautama borrows the first six Sutras of the
Acaryas who were his predecessors.29 Again in one context, Gautama seems to
32
31 ,i •
Yaska, it is stated dandyahpurusah ... damanadityau-pamanyavah. Thus it
is observed that some other prominent works on law definitely existed before
Gautama.
too quotes the view of Gautama in two distinct passages.34 Again, the twenty-
son or grandson of the sage Utathya and the grandson or great grandson
31. Nir.,2.2
33
of USanas or Sukra, the regent of the planet Venus and his work possessed
generally binding force in the second or Treta yuga.36 Again Manu mentions
the view of Vasi$tha in his work.37 Yajnavalkya also quotes Gautama as one of
because both the authors quote Gautama as an authority on law and that
34
Vasistha again has borrowed from Baudhayana. Gautama is prior to Manu and
knew an ancient work on law which was attributed to Manu. It indicates the
some writers that the Yavana is the offspring of a Ksatriya male and a Sudra
female.42 The word Yavana again denotes the Greeks. According to some
scholars, the Yavanas became known to the Indians only at the time of
Alexander’s invasion of India and hence the works containing the word Yavana
must be later than 320 B.C.43 George Btihler holds that with the single use of
Patrick Olivelle observes that, the use of word Yavana places the upper limit of
states “The occurrence of the term Yavana gives us the upper limit of the text
as around the third century B.C.46 According to Macdonell, Gautama’s age can
be placed about 500 B.C 47 Kane holds that the works on the Dharmasastra
existed prior to Yaska or at least prior to the period 600-300 B.C. and in the
second century B.C. they had attained a supreme position.48 He is also of the
opinion that the Dharmasiitra of Gautama cannot be placed later than the
36
Works Ascribed to Gautama
Gautami -Paddhati etc., of which the last three works are published.53 Of all
Hindu law. It is divided into three broad parts called prasna. Each prasna is
again divided into chapters. The first Prasna has nine chapters
37
(<adhyaya), the second has nine and the third prasna has ten chapters. Thus the
whole book is divided into twenty-eight chapters.54 The whole work contains
chapter contains sources of law, time of initiation, the appropriate girdle, deer
skin, cloth and staff for each varna, rules about purification, and method of
approaching the teacher. The second chapter deals with rules about uninitiated
children, rules for the students, control of pupils, rules for begging alms, period
of study etc. The third chapter describes in detail of four dramas, the duties of
Brahmacarin, Bhik$u and Vaikhanasa etc. Rules for the householders, rules of
marriage, eight forms of marriage, sub-castes etc., are described in the fourth
chapter. In the fifth chapter rules of sexual intercourse, the five great sacrifices,
etc., are discussed. The sixth chapter discusses the rules of showing respect to
the parents, relatives and teachers, etc. The seventh chapter deals with the rules
38
discussions are made on what articles a Brahmana cannot sell or deal in. The
position of the king and a Brahmana in the society, the forty samskaras and the
eight good qualities in a human being etc., are discussed in the eighth chapter.
The rules for the snataka and the householder are discussed in the ninth
The second prasna starts with the tenth chapter. In the tenth
chapter the occupations of the four classes, responsibilities, of the king, taxation
system, ownership of the lost property, guardianship of minor’s wealth etc., are
thoroughly discussed. The duties and qualities of the king, the qualities of the
king’s priest, the judicial process, punishment, criminal and civil law etc., are
discussed in the eleventh chapter. The twelfth chapter deals with the discussion
on punishments for abuse, assault, hurt, adultery and rape , the theft and
property damage, moneylending system and rates of interest, debts etc. The
rules for witnesses are discussed in the thirteenth chapter. In the fourteenth
chapter, rules regarding impurity on the birth and death are discussed in detail.
The fifteenth chapter deals with the sraddha, i.e. the ancestral offerings, quality
about the rules of the annual course of the Vedic study, suspension of the Vedic
recitation etc. The seventeenth chapter discusses the food to be taken, unfit
food and forbidden food etc. The duties of women, levirate, remarriage of a
39
wife if her husband is missing, time of marriage for girls, legitimate seizure of
property etc., are discussed in the eighteenth chapter. Here ends the second
prasna.
The third prasna which contains the remaining ten chapters starts
with the nineteenth chapter.The penances, five things that remove sin,
purificatory Vedic prayers, holy food for one who practices japa, various kinds
of tapas and gifts, proper time and places for japa etc., are discussed in the
excommunication from caste, contact with outcast, readmission into caste and
sins causing loss of caste etc. The twenty-first chapter describes the sinners of
various grades, mahapatakas, upapatakas etc. The penances for various sins
animals etc., are discussed in the twenty-second chapter. The penance for
drinking wine and other forbidden things, penance for incestuous sex, for illicit
sex, for breaking the vow of chastity, miscellaneous sins etc., are discussed in
the twenty-third chapter. The secret penances are discussed in detail in the
twenty-fourth chapter. The penances for a student who has broken his vow of
chastity are discussed in the twenty-fifth chapter. The Kfcchfa penances, i.e.
40
Gautamadharmasutra, i.e. the twenty-eighth chapter deals with partition,
noted above, in Sutra style which is fully related to the social life of a human
is found after chapter nineteenth, but this chapter is not commented upon by
modifications and interpolations and has, therefore, not come down to us in its
original form. Again, the repetition of the last word in every chapter of the
of the last word in every chapter indicates that this chapter is finished and in the
41
misra Sarma and a few commentaries are already lost.
and his commentary can be assigned to the period 900-1100 A.D. Maskarin’s
father was named Vamana. Before Maskarin, there were other two early
very useful in deriving the real purport of the sutras. His commentary is known
Jatukarnya and the like. Haradatta frequently quotes the opinions of his
previous commentators with the words anye, aparah, kecit etc.60 But he does
<>
not mention the name of his previous comentators, for which it is very
the un-Pan inian forms are distinctly marked by him in his commentary on the
Gautamadharmasutra.61
60. Vide, Haradatta, Ibid., 1.2.28; 1.7.4,14; 1.9.53; 2.2.17; 2.3.32,33; 3.6.5;
3.8.9; 3.10.7
61. vanmanasoriti patho’smabhyam na rocate/
acatureti samasantavidhiprasangat/ Haradatta, Ibid., 3.7.8
Also vide, Kane, P.V., Op. cit, Vol. 1, Part 2, p. 742
62. a) namo rudraya yaddharmagastrarh gautamanirmitam/
Kriyate haradattena tasya vrttirmitaksara// Haradatta on GDS., 1.1.1
b) pranipatya mahadevam haradattena dhunata/
dharmakhyapra&iayoresa kriyate vrttirujjvala//
Haradatta on ADS., 1.1.1
43
Regarding the place of Haradatta, scholars opine that he was an
language for a skin disease called kilasa.63 He has mentioned elsewhere certain
placed Haradatta in the sixteenth century A.D., whereas P.V. Kane has placed
introduction. He took the help from his earlier commentators like Haradatta
44
and Maskarin. He was a distinguished scholar who was felicitated by the
President of India. His father was Gadadhara and mother’s name was Vimala
and Anandamisra was his teacher.67 He was the great devotee of lord
understandable.
edition of Dr. Stenzler has been published from London in 1876 as The
edition with the commentary of Haradatta has been published in 1910. Again,
sisyenanandamisrasya gurvaslrvadasalina//
gautamadharmasutran am suksmavrttirvitanyate//
second volume of the Sacred Books of the East, edited by Max Mtiller. The
with the commentary of Haradatta and with the Hindi commentary and
excellent one among the Smrtis, similarly among the Dharmasutras the
46