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13 The Dharma sutras and Dharma sastras: The Dharmasutras form a part of the Kalpasutras in the early stages of the sutra literature and were studied in distinct sutra caranas. The great mimamsaka kumarilabhattapada says that the Gautama and the Gobhila dharmasutras were studied by the chandogas (followers of 鈥� 42 the samaveda). The Vasistha dharmasutra by the followers of the Roveda, the Dharmasutra of samkhalikhita by the followers of the Vajasaneyasamhita and the Dharmasutras of Apastamba and Baudhayana by the followers of the tatrici yasakha of the Krsnayajurveda. It is accepted by all as a siddhanta that all the Dharmasutra and Grhya-sutras are authoritative for all the Aryan people. It is interesting to note that kumarila has not referred to the Visnusmrti. The Dharmasutras are mostly connected with the grhyasutras and were perhaps written in continuation with the latter. The Dharmasutras, the smrtis, the samhitas and the medieava. treatises refer to authorities or Dharma or law, both sacrec and secular. 42. puranamanavetihasa vyatirikta gautama vasistha Samknalikhita-haritapastamba baudhayanadi pranita dharmasast. nam grhya granthanam ca pratisakhya laksanavat prati caranam patha vyavasthopalabhyate / tad yatha jautamiya gobhiliye chandogaireva ca prigrhite / Vasistham bahvrcaireva samkhalikhitoktam ca vajasaneyibhih / apastambiya-baudhayaniye-taittiriyaireva prati, ame ityevam tatra tatra grhya vyavastha bhyupagamaci darsayitva vicara yitavyam/ kimtani tesameva prama - nanyuta sarvani sarve-samiti / Tantravarttika, Chs. 1/2 to 2/1, p. 172. 7238121

14 The Dharmasutras occupy a very important position in Indian literature. The Dharmasutras contain informations about the geography and the flora and fauna of sacient times, besides throwing light on the Indian society of remote past. past. The Dharmasutras deal with our domestic, social and religious lives we find in these works, rules of conduct for the people in general as well as those for the kingsnej dharma) and matters of secular law (vyavahara). It is difficult to make a line of demarcation netween the Dharmasutras and the Dharmasastras. ( The Dharmasutras are often designated as Dharmasastras. It may perhaps be said that all Dharma sutras are Dharma sastras but all Dharmasastras are not Dharmasutras. sastras when the scholars speak of Dharmasastra they seem to mean the metrical smrti works as opposed to smrti treatises written in prose of sutra style or in mixed prose and verse. The prose of the Dharmasutras differs from that of the smrti digests. The prose of the Dharmasutras is composed in terse aphoristic style, while the prose of the smrtis is of the ordinary sanskrit. Max Muller states that al the genuine metrical Dharmasastras are without exception, nothing but mere modern texts of earlier sutra works". 43 43. Max Muller, History of Ancient Sanskrit Literature, p. 70.

15 M. Winternitz holds that "versified law books followed up the ancient vedic Dharmasutras".44 The Dharmasutras contain many more archaic forms than the metrical smrtis. we are told in the Manusamhita that Dharma sastra and smrti are identical. The Dharmasutras contain many 45 more archaic forms than the metrical smrtis. The Dharmasutras, in most cases, do not arrange the topics in an orderly manner, while the metrical smrtis and samhitas arrange the topics under distinct heads. For example, the contents of the Yajnavalkya smrti otherwise known as Ejnavalkyasamhita have been divided into three broad and seperate heads, namely, Acara, Prayascitta and vyavahara. Some / the Dharmasutras show close resemblance with the rhyasutras while the Dharmasastras do not reveal such resemblances. striking feature of the Dharmasutra literature is the inter weaving of metrical passages into the texture of the sutras. The language, it appears, used in the Dharmasastras, is clas ssical sanskrit, although unpaninian forms occur here there. The word Smrti is a generic term applied to orthodox non-vedic works in contradistinction to sruti, so that the Dharmasastras fall under the purview of Smrtis. Smrti again 44. 45. M. Winternitz, History of Indian Literature, p. 285. Dharmasastram tu vai smrtih / Manu, II:10

16 Some of the is synonymous with Dharmasastras as indicated by such statements as "dharmasastram tu vai smrtih". Dharmasutra works are designated as Dharmasastra or smrti, such as Vasistha dharmasastra and Visnu smrti. The Visnusmrti is called Vaisnava dharmasastra in the colophon of the printed book edited by J. Jolly, S.C. Banarjee observes. 'sutras were composed for the guidance of the society in its very early stages. with the progress of civilization the need was felt for more elaborate treatment of the rules for 5246 the guidance of a far more advanced society? *4 Macdonnel States, "The sutras represent the third and the last stage of the Vedic literature. The rise of this class of writings was due to the need of reducing the vast and growing mass of details in rituals and customs, preserved in the Brahmanas and floating traditions, to a systematic shape, and 蓴 pressing them within a compass which did not impose to great a burden on the memory?47 The sutras are essentially Founder upon the Brahmanas and must be considered as their necessary supplement. The Srauta sutras are based on sruti while 48 the Crhyasutras though based on sruti treat of domestic ceremonies, those are celebrated at birth and before it, at marriage, as well as at death and after it. The Grhyasutras 46. 47. 48. S.C. Banarjee, Dharmasutras, 1962, p. 11. A.A. Macdonnel, History of Sanskrit Literature, p. 35 Weber, History of Indian literature, p. 16.

17 are also called smarta-sutras and hence do not claim direct revelation as their basis. These Grhyasutras are of much importance as we find in them the beginning of the lecal literature in India. The term Dharmasutra, in its proper sense, applies to those works which form a part of a greater collection of the sutra works. The Dharmasutra literature includes not only the precepts and injunctions for moral duties of all Aryans, but also the special rules regarding the conduct of kings and the administration of justice. The sutra treatises on law, both religious and secular, cover the whole range of topics, contained in the metrical smrtis attributed to manu, Yajnavalkya, Harita, Brhaspati and other sages.