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The word 诲丑补谤尘补尘奴濒补 is used to enumerate the root or foundation or sources of dharma. In jurisprudence, the phrase 鈥渟ources of dharma鈥� gives the diverse meaning, but here it indicates those, from which the knowledge of law can be derived. The 惭颈迟腻办峁�a谤腻 commentary of 驰腻箩帽补惫补濒办测补 explains them as 箩帽腻辫补办补丑别迟耻, i.e. which imparts the nature of dharma.^[1]

The 顿丑补谤尘补蝉奴迟谤补蝉 generally accept and recognize three sources of dharma. Gautama says that the source of dharma is the Veda, as well as the 厂尘峁泃颈 and practice of those who know the Veda.^[2] According to 叠补耻诲丑腻测补苍补, 鈥榯he dharma is taught in each Veda, secondly in the 厂尘峁泃颈s and thirdly in the conventions of cultured people.^[3] Likewise, in the 痴补蝉颈峁ａ弓丑补诲丑补谤尘补蝉奴迟谤补, it is stated that dharma is set forth in the Vedas and the 厂尘峁泃颈s, but when these do not address an issue, the practice of cultured people becomes authoritative.^[4]

The 厂尘峁泃颈s extended the sources of dharma to more than three. Manu proclaims fivefold direct evidence or foundation of dharma or law. Among them, the Veda is the first source of dharma. Then the 厂尘峁泃颈 expressed by those who are well-versed in the Vedas and the practice of such people, further, the custom or usages of virtuous people, finally self-satisfaction, i.e. what is agreeable to the good conscience.^[5] 驰腻箩帽补惫补濒办测补鈥檚 enumeration of the sources of dharma follows that of the Manu鈥檚. 驰腻箩帽补惫补濒办测补 lays down that the Vedas, the 厂尘峁泃颈s, good conduct or approved usages of wise or cultured men, what is agreeable to one鈥檚 good conscience and desire, arising from perfect or proper determination which should not be against the scriptures, as the traditionally recognised sources of dharma.^[6] 驰腻箩帽补惫补濒办测补 also mentions fourteen kinds of 诲丑补谤尘补蝉迟丑腻苍补.^[7] These are to be studied to give support to get the true meaning of dharma by the expounders of dharma.^[8] Thus, these may be treated as indirect sources of dharma.

The above-mentioned passages shows that the Vedas, the 厂尘峁泃颈s and customs were considered to be the principal sources of dharma or law. The 艢谤耻迟颈蝉 which consist of the Vedas are regarded as the first, foremost and oldest source of the dharma. However, in fact the Vedas contained little pertaining to direct rules of dharma.^[9] The Vedic literature reveals a number of occasional passages informing social customs or conventions of that time which may be conceived as the starting point of various aspects of legal affairs.^{[10] [11]}

Besides, the positive or negative injunctions found abundantly in the Vedas served as the foundation of law in later times such as,

蝉补迟测补峁� vada / 诲丑补谤尘补峁� cara / 尘补迟峁沝别惫辞 bhava/ pit峁沝evo bhava/ y膩nyanavady膩ni karm膩峁噄 t膩ni sevitavy膩ni no itar膩峁噄/ etc^[12].

Prof. Swain remarks that early speculation on law in India like other branches of grammar, etymology, etc., started in Vedic literature and gained strength as auxiliaries to the Vedas and soon being freed, established as independent subject of human enquiry paying only lip service to the authority of the Vedas.^[13]

In reality, the 厂尘峁泃颈s profess to be formal treatises on dharma where the topics of dharma received a formal and connected treatment.^[14] Hence, they are of practical value as sources of dharma as law. The 厂尘峁泃颈s provide the stable basis in which structure of dharma is erected. According to M. Rama Jois, the compilation of the 厂尘峁泃颈s resembles the modern method of codification.^[15] They contain much relating to civil law and usage. Conventional view refers to that the authority of the 厂尘峁泃颈s came to be recognized being based on the 艢谤耻迟颈. It is stated by Jaimini that the fact that the 厂尘峁泃颈s have been compiled by the sages who were the repositories of the revelation, arises the inference of being founded on the 艢谤耻迟颈 and hence should be regarded as authoritative.^[16] Thus the laws gleaned and collected from the memories of the Vedic traditions are preserved in the 厂尘峁泃颈 as the recorded wisdom of old. In the 厂尘峁泃颈s only dharma and law can be viewed face to face. The 厂尘峁泃颈s play a great role as sources of dharma as they contain precepts whose authority is beyond dispute but whose meaning is open to various interpretations and has to be determined by ordinary process of reasons.^[17]

The third source of Hindu law i.e. custom plays an important role. It is mentioned as 蝉补诲腻肠腻谤补 which mean the custom of the good or 艣颈峁�t补-腻肠腻谤补 meaning the custom of those who have undergone instructions. The 厂尘峁泃颈s emphasise on the enforcement of custom which supplements the law laid down in it.^[18] Lingat expresses the reason behind this source of dharma that there is room to suppose that he who knows the law is guided by it in his conduct.^[19] 狈腻谤补诲补 lays down that custom decides everything and overrules the sacred law.^[20] The importance of custom is revealed by 驰腻箩帽补惫补濒办测补 while saying that one should not perform dharma, which is censured by people even if it is sanctioned in the scriptures.^[21] The custom helps to make law dynamic and progressive.

Footnotes and references:

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[1]:

id膩n墨峁� dharmasya j帽膩pakahet奴n膩ha- 惭颈迟腻办峁�a谤腻 on 驰腻箩帽补惫补濒办测补sm峁泃i, 1.7

[2]:

vedo诲丑补谤尘补尘奴濒补m/ tadvid膩峁� ca sm峁泃i艣墨le/ Gautamadharmas奴tra, 1.1.1, 2

[3]:

耻辫补诲颈峁ａ弓辞 诲丑补谤尘补岣� prativedam/ tasy膩nu vy膩khy膩sy膩ma岣�/ sm膩rto 诲惫颈迟墨测补岣�/ 迟峁泃墨测补岣� 艣i峁ａ弓膩gama岣�/ 叠补耻诲丑腻测补苍补dharmas奴tra, 1.1.1-4

[4]:

艣rutism峁泃ivihito 诲丑补谤尘补岣�/ tadal膩bhe 艣i峁ａ弓腻肠腻谤补岣� pram膩峁嘺m/ Va艣i峁ａ弓hadharmas奴tra, 1.4,5

[5]:

vedo鈥檏hilo 诲丑补谤尘补尘奴濒补峁� sm峁泃i艣墨le ca tadvid膩m/ 腻肠腻谤补艣caiva s膩dh奴n膩m膩tmanastu峁ａ弓ireva ca// 惭补苍耻蝉尘峁泃颈, 2.6

[6]:

艣谤耻迟颈岣� 蝉尘峁泃颈岣� 蝉补诲腻肠腻谤补岣�, svasya ca priyam膩tmana岣�/ samyaksa峁僰alpaja岣� k膩mo 诲丑补谤尘补尘奴濒补mida峁� sm峁泃am// 驰腻箩帽补惫补濒办测补sm峁泃i, 1.7

[7]:

Ibid.,1.3

[8]:

Vide, Banerji, S.C., A Brief History of 顿丑补谤尘补艣腻蝉迟谤补, page2

[9]:

Lingat, R., Op.cit., page7

[10]:

cf., 峁欢惫别诲补, 1.124.7;2.17.7; 3.31.1; 4.5.5; 7.5.8; 10.27.12; 10.85; 10.109.5; Atharvavedasa峁僪it膩, 1.17.1; Taittir墨yasa峁僪it膩,

[11]:

5.2.7; 3.1.9.4; 艢athapathabr膩hma峁嘺, 5.4.4. 5; 11.5.4.18,etc.

[12]:

TU., 11.1.2

[13]:

Swain, B. K., (Edited), The Voice of Verdict, page6

[14]:

Vide, Kane, P.V., Op.cit., Volume1, Part 1, page10

[15]:

Rama Jois, M., Op.cit., page22

[16]:

cf., dharmasya 艣abdam奴latv膩da艣abdamanapek峁�a峁� sy膩t// api v膩 kart峁泂膩m膩ny膩tpram膩峁嘺manun膩na峁� sy膩t// Jaimin墨yas奴tra, 1.3.1,2

[17]:

Agarwala, R. K., Op.cit., page17

[18]:

Misra, J.R.(revised.), Op.cit., page46

[19]:

Lingat, R., Op.cit., page14

[20]:

狈腻谤补诲补sm峁泃i,1.40

[21]:

驰腻箩帽补惫补濒办测补sm峁泃i, 1.156