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Devala-smriti (critical study)

by Mukund Lalji Wadekar | 1982 | 67,394 words

This essay represents an English study of the Devala-smriti—an ancient text attributed to sage Devala classified as belonging to the Dharma-Shastra branch of Indian literature which encompasses jurisprudence and religious law. This study deals with the reconstructed text of the Devalasmriti based on surviving references, emphasizing Devala’s unique...

1. Smriti: General information

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A. SMRITI GENERAL INFORMATION INTERPRETATION, EXPLANATION & DENOTATION OFTHE TERM SMRITI—The word 'smriti' is derived from the root 'smr' (1.P.) to remember or to recollect & hence grammatically, it means "remembrance or recollection". 67 Annambhatta defines the term smrti, in his Tarkas angraha, The knowledge is said to be of two kinds - namely smriti & anubhava. The knowledge, which is produced by mental impressions alone, is smrti. The mental impressions, which are the cause of recollection, are produced by apprehension. The object, perceived by the eyes, is reported to the mind & through the mind, it is reported to the soul. A kind of impression is produced in the mind. It remains there in a latent form. But when another object, similar to it, is perceived at another time, the earlier latent impression is aroused. This is known as smrti, which is different from pratyabhijna, as in the latter, the same object is perceived & the earlier perception of it, is awakened, while in smrti, the objects remembered & seen are not identical, but similar. The Vaisesikasutra2 (9/22) also defines the term smriti, in a similar manner. The smrti is also defined in the Yogasutra of Patanjali3 (1.11). Smrti or memory is said to be the retention of the experienced objects. It is a kind of mental modification by which the experienced objects are not lost, but are retained in the mind. i

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'om 68 The word smrti is used in this very primary sense of actual remembrance or recollection in the earlier smriti literature. For example, Gautama (1/1/1-2) 4 & Manu (II/10) 5 mention the "Smrti of those, who know Veda" & Apastamba (I/1/2) 6 refers to "the consensus of those, who know veda" as a source of Dharma. Here at these places, the smrti literature, in the form of Dharmasutras & Dharmasastras, is not referred to. But they refer to the living mass of sacred literature, in the form of reflective & thoughtful recollections or memories of the wise & the knowers of Veda, regarding the rules & regulations of Dharma, to be followed by the masses. 1It is only in the later period, that the term smriti is mostly used for that literature on Dharma, known as Dharmasutras & Dharmasastras, in which those recollections of the various vedic sages, were collected & traditionally handed down as a Dharmasutra or a Dharmasastra of a particular sage. 1 7 The vedic sages are said to have actually perceived the Divine words, which are known as Sruti (revelation), while 1 they are also said to remember or recollect the precepts & rules of different sciences (sastras), which are known as smriti (recollection). It may be noted here that the words pratyaksa & anumana occurring in the Vedantasutras 8 (1/3/28 & 3/2/24) are interpreted 1 by the commentators (like Sankaracarya, Ramanujacarya, Vallabhacarya etc.), as standing for sruti & smrti respectively, as the t former contains the directly revealed words, while the latter is

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69 based upon recollections of facts, observed, during the state of trance. WIDER & NARROWER SENSE: I ! The term smrti is used in both wider & narrower senses. In its wider sense, it stands for a wide range of inspired literature, in which the remembered or recollected rules or precepts of different sciences (sastras), are found. The word smrti is thus used in contradistinction from srti i.e. generally all the literature other than srti is designated as smriti. Thus in its wider sense, the word smrti includes the six vedangas, the smritis the Mahabharata, works on Tantra, systems of Indian philosophy Jyotisa & Ayurveda. In the narrower sense, the term is primarily used in case of the two kinds of works on Dharma, namely the Dharmasutras & (the metrical smrtis); According to Manusmrti3, 1 Dharmas astras Smrti means Dharmasastra. Sometimes a Dharma-sutra is also called as smriti, as in case of Vis nu-Dharma-sutra, which is also known } as Vishnusmriti. Sometimes, it is also understood in a very restricted sense, of only 'the metrical smrtis But it is definitely understood to be standing for both these classes of works, namely, the Dharmasutras & Dharmasastras, by one & all the commentators, & digest-writers, For them, both these classes of works are of equal authority, as smriti-works. 1

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CLASSIFICATIONS OF SMRTIS : 70 The smritis are classified in various ways, as mentioned below : (1) VEDAMULA VEDABAHYA : The smrtis can be either Vedamula, i.e. based upon Veda or Vedabahya i.e. those that are not based upon the Veda, but based upon logic. The latter are violently criticised by Manu 10 This classification of Smrtis is suggested by a verse in the 10 Manusmrti (2) DRSTARTHA, ADRSTARTHA ETC. : - (1) Drstartha The smrtis are also said to be of two kinds i.e.having drsta seen or tangible purpose (2) Adrstartha i.e. those having adrsta -unseen or intangible purpose. This kind 11 of twofold classification is implied in the following verse from the Vakyapadiya of Bhartrhari. wwwww 12 The Bhavisyapurana , has three more divisions, over & above the two-fold division suggested by Bhartrhari. According to this classification, the smritis are of five kinds (1) Drstartha (2) Adrstartha, (3) Drstadrstartha (4) Nyayamula (5) Anuvadasmriti. f $ i E 1 } 1 } ' All these, except the Drstarthasmrti are based upon Veda i.e. they are Vedamula. The Drstartha smrti is not based upon Veda & is said to have a 'Tangible purpose' (of wealth & pleasure). It deals with the topics, mentioned in the verses 13, from the same Purana. The Arthas astra may be said to be a Drstartha smrti

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71 (in its wider sense) from this point of view. The other smrtis are said to be based upon Veda & have for their aim, some 'intangible' (adrsta) purpose (of dharma & moks a duty & liberation). These other smrtis are (2) Adrstartha (otherworldly), (3) tame Drstadrstartha (worldly as well as otherworldly), (4) Nyayamula - (based upon maxims or universal rules), (5) Anuvadasmrti - seen by the sistas, the wise & the knowers of veda. These are also 14 explained in the same purana. (3) SHRI GOVINDA DASA'S CLASSIFICATION: 15 Shri Govinda Das a classifies the Smrtis into seven groups, : as mentioned below : (1) Metrical redactions of Dharmasutras, (2) Metrical redactions of Grhyasutras, (3) Composite metrical redactions of both, Dharma & Grhyasutras (4) Secondary redactions of the metrical Smritis (to this group belong Smrtis, prefixed with Vrddha, Brhat etc. & also the Smrtis, those of Vyasa, Daksa, Devala, Atri etc., which do not seem to have any connection with any vedic school (carana), (5) Later independent compilations 'that is, works, ¿ 1 not basing themselves on some particular Smrtis, for their inspiration, but ranging over a large field & making their own selections from them, like the Lohita-smrti, (6) Sectarian forgeries, like the Brhat, Harita, Vasistha etc. (7) Supplimentary Smrtis like Brhaspati-smriti, which is a vartika on Manu or Katyayana Smriti, which may be a Vartika, on Yajnavalkya.

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72' (4) PROSE, VERSE & MIXED : i The stylistic feature of the Smrti literature is that it has been handed down in prose, verse, & mixed prose & verse form. The Dharmasutra of Gautama is completely in aphoristic prose style. While there are numerous metrical Smritis like those of Manu, Yajnavalkya etc. that are completely in verse form. But there are also some Dharmasutras & Smrtis, that contain both prose sutras & verses also. Hence it is not quite unfair to believe that a mixed style was also current by the Smrti literature, as the use of both verses & prose-sutras, are found. 16 Some scholars like Max Muller & others, believe that the works in continuous anustubh metre followed sutra works. This view is not admitted by Mm. P. V. Kane; while Prof.K. V. Rangasvami 17 Aiyangar propounds even a third intermediate stage of mixed form of Smrti literature. He observes, "that this form, was an intermediate stage in the transition to Smrtis, which used verse alone, is denoted by the increasing number of verses, as compared with prose in Visnusmrti, which has nearly 550 verses, as compared, for example, with Vasishthasmriti, which though smaller has over 200 verses. In the old sutra-works, like those of Apastamba & Kautilya, there is a sensible verse content, but it is relatively small in comparision with the prose". He also maintains that a Smriti, wholly in verse & in the developed sloka form suggests a later stage in evolution, than one which is in prose & verse, & uses other old metres, besides the anustubh. chuan 1

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73 It may be remarked here that a slight glance at the literary form of works, like the caraka, the susruta etc., would convince one of the fact that such a mixed style was prevalent in the early Sanskrit literature & was naturally present in the smrti literature. 5) SMRT IS & UPASMRTIS : namely The smritis are also classified like puranas into two heads, smritis & upasmritis. The names of the upasmrtikaras (compilers of upasmrtis) are mentioned in the verses Irom the viramitrodaya. 6) PRIMARY & SECONDARY : 19 20 18 Shri J.R.Gharpure & Shri R.K.Agarwal classify the smritis into two broad divisions namely the primary & secondary surtis. Shri J.R.Gharpure includes the kalpasutras & smritis, among the primary smritis, while by 'secondary smrtis' he understands the commentaries on the primary smrtis & the digests, based upon them. 21 While Dr. Buhler enumerates smrtis of Angiras, Atri, Daksa, Devala, Prajapati, Yama, Likhita, Vyasa, Sankha, Sankha-likhita, Vrddha satatapa, under the head of 'secondary redactions of metrical Dharma'sastras' � 7) SATVIKA, RAJASA, TAMAS A Like Puranas, smrtis are also said to be of three kinds dang i.e. Satvika, Rajasa & Tamasa smrtis, in the Padma purana (Uttarakhanda 263.86 to 90). 22 1 $ ¡ H

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(1) The satvika smrtis are those of Vasistha, Harita, Vyasa, shi Parasara, Bharadvaja & Kasyapa. They are said to be auspicious & leading to liberation. (2) The Rajasa smrtis, leading to heaven, are declared to be those of Yajnavalkya, Atri, Tittiri, Daksa, Katyayana & Visnu. 3) While the Tamasa smrtis, leading to hell, are those of Gautama, Brhaspati, Samvarta, Yama, Sanknya & Usanas. 1 74 Many important smrtis (e.g.those of Manu, Narada, Devala etc.) are not taken into consideration, in this classification. Moreover, no reason is mentioned for their inclusion in a particular group. But the classification, at least, points out that there was an attempt (though not exhaustive), to classify smrtis into the above three-fold division. 1 1 8) AVAILABLE & LOST : 23 Numerous smrtis, ascribed to different vedic sages, are still available. They have also been published in several smrti-collections. But it is also a fact that several smrtis, have been completely or partially lost. The names of different smritikaras are enumerated 24 in various lists The digest-writers & commentators have also � added many other names to these lists, to make the enumerations of 25 smrtikaras, more exhaustive � It names of all such smritikaras are collected, they would be "about one hundred "26. The original works of numerous smrtikaras are not available. Moreover, among smrtis, that have been published in the smriti-collections, number of smrtis, are fragmentary or incomplete in their nature. The

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75. nature & extent of such smritis can be understood from the profus e quotations from them in the digests & commentaries on Dharmasastra literature. Devalasmriti is also one of such smrtis, that are not completely available in their original form. i i }

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REFERENCES 76 1) Sarvavyavaharaheturbuddhirjnanam sa dvividha smrti anubhavas ca/ Samskaramatrajanyam jnanam smrtih/ y.v. Tarkasangraha (ed. Athalye & Bodas M.R., BORI, Poona, 1963), Sect. 34, p. 21/22- 2) Atmamanasoh samyogavises at samskaracca smrtih w Vaisesika sutra 9/22 3) Anubhutavisayas ampramosah smrtih u Yogasutra I. 11 4) Vedo dharmamulam/ Tadvidam ca smrtis smrti sile/ n Gautama Dharmasutra , I. I. 1-2 5) Vedo'khilo dharmamulam smrtisile ca tadvidam/ acarascaiva sadhunamatmanastustireva ca// Manu S. II.10 6) Dharmajnasamayah pramanam 1 A.Dharmasutra, I. I.2 7) Srutim pasyanti munayah smaranti ca tatha smrtim/ tasmat pramanamubhayam pramanaih prapitam bhuvi// - ascribed to Manu by Smritimuktaphalam (V. I), P.2.

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8) (A) Sabda iti cennatah prabhavat, pratyaksanumanabhyam/ 77 Brahma-sutra 1/3/28 W (B) Api ca samradhane pratyaks anumanabhyam/ Brahma-sutra 3/2/24 9) Srtistu vedo vijneyo dharmasastram tu vai smrtih/ Cf. Smrtistu dharmasamhita/ Manusmriti II.10 1 Amarakosa-I.VI.6 10) Ya vedabahyah smrtayo yasca kasca kudrstayah/ Sarvasta nisphala pretya tamonistha hi tah smrtah/ Manusmriti 12/95 11) Smrtayo bahurupas ca drstadrstprayojanah/ tamevasritya lingebhyo vedavidbhih prakalpitah// Vakyapadiya of Bhartrhari-Kanda 1 sloka 7 12) Drstartha tu smrtih kacidadrstartha tathapara/ drstadrstartharupanya nyayamula tathapara// Anuvadasmrtistvanya sistair drsta tu pancami/ sarva eta vedamula drstarthah pari-hrtya tu// Bhavishya Purana quoted in Viramitrodaya-Paribhasha-prakasha P.19 & 1 Bhavapradipa com. on Vakyapadiya, p.10 13) Sadgunasya prayojyasya prayogah karyagauravat/ a samadinamupayanam yogo vyasah samastah // 1

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78 Adhyaksanam ca niksepah kantakanam nirupanam/ drstartheyam smrtih prokta rs ibhih garudatmaja// Ibid. � 14) Sandhyopastih sada karya sunomams am na bhaks ayet/ adrstartha smrtih prokta rsibhirjnanakovidaih// palasam dharayed dandamubhayartham vidur budhah/ Virodhe tu vikalpah syat japahomasrutau yatha// srutau drstam yatha karyam smrtau tattadrsam yadi/ anuktavadini sa tu parivrajyam yatha grhat// 1 Bhavishya Purana quoted in V.Matsya Purana ,p.19, & Bhavapradipa, com.on Vakyapadiya pp. 10 & 11 (reads nyayamula for Virodhe tu) 15) Balambhatti , ed. by J.R.Gharpure, Introduction by Govinda Dasa, Intro., pp.16-17. 16) History of Dharmashastra , Vol. I, Part I, p.15. 17) Brhaspatismrti (Reconstructed) by Prof.K.V.Rangaswami Aiyangar, Intro., p. 93. p.93. 18) Cf.Viramitrodaya-Paribhasha-prakasha,pp.15-18 for lists of smrtikaras. Jabalirnaciketasca skando laugaksikas yapau/ 1 Vyasah sanatkumarasca santanurjanakastatha// Vyaghrah katyayanas caiva jatukarnyah kapinjalah/ 1 baudhayanasca kanado visvamitrastathaiva ca// pathinas irgobhilascety Upasmrtividhayakah// Viramitrodaya-Paribhasha-prakasha p.18 4 }

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19) J.R. Gharpure, Hindu Law, p.18 & 22. 20) R.K. Agarwala, Hindu Law, revised by U.P.D.Kesari, p.ll. 21) Jown D.Mayne, A Treatise of Hindu Law & Usage, p.20. 79 1 22) Vasistham caiva haritam vyasam parasaram tatha/ bharadvajam kasyapam ca satvika muktidah subhah// Yajnavalkyam tatha''treyam taittiram daksameva ca/ katyayanam vaisnavam ca rajasah svargada subhah// Gautamam barhaspatyam ca samvartam ca yamam smrtam/ sankham causanasam devi tamasa nirayapradah// Kimatra bahunokte na purane su smrtisvapi/ Tamasa nirayayaiva varjayettan vicaksanah// Padmapurana Uttarakhanda, 263.86-90 (Anandasrama ed.); Padmapurana Calcutta edition, Uttarakhanda 236/22-26 reads manavam yajnavakyam Capyatreyam daks ameva ca for Yajnavakyam tatha etc. 1 - { Sabdakalpadruma, Vol. V, p.464,reads Cyavanam yajnavalkyam ca atreyam daksameva ca/ for I Yajnavakyam tatha etc. & Sankhyam for Sankham. 23) Cr.Part I, Sect. I, Chapter I, n.3. 24) Cf. Part I, Sect. I, Chapter II-C-n. 5,6,7 & p.3 for details. 25) Cf. Part I, Sect. I, Chapter II-C-n. 8-11. 26) History of Dharmashastra -Vol. I, Part I, p.304. 1 1 1 4

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