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Ancient Source: -

 Before codification of Hindu law; Vedas, texts, scripts and many more things were
recognized as rule of conduct to regulate the society.

 Along with these, ancient source comprises of Shruti, Smiriti, Digests and Commentaries
along with Customs.

1. Shruti
 The word ‘Shruti’ is derived from the Sanskrit word ‘Srut’, which means ‘To Hear’.
 It is supposed to be one the most ancient or primary source of Hindu Law.
 Shruti includes Vedas along with other component in which Brahmins used to tell the
essence of people to common people.
 The Synonyms of shruti is Veda.

There are four Vedas namely: -

1. Rig Veda
2. Yajurveda
3. Samaveda
4. Atharvaveda

2. Smriti:
 In lucid language, the meaning of Smriti is to remember.
 These are based on human memory.

 Smriti contain those words which were forgotten by priest during writing of Shruti and
later on they wrote it in their own language with the help of their memory.

There are two kinds of Smritis i.e. Dharmasutras and Dharamshastras.

Dharmasutras:
 They were mostly in the forms of prose.
 They tried to incorporate Vedas with local customs and have the name of their authors
too.
 They explain the rights and duties of men and suggested the work of mortals which is
based on teaching of Vedas.
 Some of the important sages whose Dharamasutras are known are: Gautama Muni,
Baudhayan, Maharshi Vasistha and Vishnu.
Dharmashastras:
 Dharmashastras were mostly in forms of verses and they were based of Dharmasutras.

They deal with the subject matter in three parts


• Aachara: This includes the theories of religious observances,
• Vyavahar: This includes the civil law.
• Prayaschitta: This deals with penance and expiation.

3.Digests and Commentaries:


 The era of commentaries and digests came after Shrutis.
 The emergence of different schools of Hindu Law was possible on account of different
commentaries written by various sages and scholars.
 The Dayabhaga and Mitakshara emerges out as two major schools of Hindu law.
 Dayabhaga school of law was based on commentaries of Jimutvahana
 The Mitakshara commentaries was based on commentaries written by Vijnaneswar.

4.Customs:
 Custom is regarded as the third source of Hindu law.
 Custom is a principle source and its position are next to the Shrutis and Smritis.
 Custom signifies a rule which in a particular family or in a particular class or district has
from long usage obtained the force of law.

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