Talk:When Dharmashastra Works were First Composed

It is essential to find out when formal treatises of Dharma began to be composed. It is not possible to give a definite answer to this question. The Nirukta shows that the heated controversies had raged on various questions of inheritance, such as the exclusion of daughters by the sons and the rights of the appointed daughter. It is very likely that these discussions had found their way in formal works and were not merely confined to the meetings of the learned. The manner in which Yaska writes suggests that he is referring to the works in which certain Vedic verses had been cited in support of particular doctrines about the inheritance.

It is further a remarkable thing that in connection with the topic of inheritance, Yakṣa quotes a verse, calls it a śloka and distinguishes it from a 'ṛk'. This makes it probable that works dealing with the topics of dharma existed either composed in the śloka meter or containing ślokas. Scholars like Buhler suggest that these verses were a part of the floating mass of mnemonic verses. The existence of these verses is postulated without very convincing or cogent arguments in his introduction to the Manusmṛti.

Synopsis

It is difficult to say when the works on Nirukta were composed. It exhibits controversies about inheritance and quotes a verse śloka from some work on dharmasutrās. Gautama and Baudhāyana speak of dharmashāstra while Baudhāyana and Apastamba mention numerous sages who had written an extant work on dharma. Vartika of Kātyāyana and Jaimini speak of dharmashāstra while Patanjali highlights on dharmasutrakāras. Dharmashāstra works existed prior to Yaska or at least before 600 B. C. and in 2nd century B. C. Dharmasutrās had become authoritative with the method of dealing with the whole dharmaśāstra literature. It is mentioned in the first dharmasutrās, then early metrical smṛtis like those of Manu and Yajnavalkya. Later it was versified, than the commentaries and digests, such as the Mitakśara, were written on it. The chronology of early writers is difficult to conclude.

Era of Initiation of Dharmasutrā Works

If works dealing with the topics of dharma existed before Yaska, a high antiquity will have to be predicated for them. The relics of works on dharmashāstra follows from other significant considerations. It will be seen later on that the extant dharmasutrās of Gautama, Baudhāyana and Apastamba certainly belongs to the period between 600 to 300 B. C. Gautama speaks of dharmashāstras and the word dharmasutrā occurs in Baudhāyana also Baudhāyana speaks of a dharmapathaka.

Besides that, Gautama quotes the views of others in the words ityeke at numerous places. He refers to Manu in one place and Acaryas in several other places. Baudhāyana also mentions several writers on dharma for him by name like Jahghani, Katya, Kasyapa, Gautama, Maudgalya and Harita. He also cites the views of numerous sages such as those of Kanva, Kautsa, Harita and others.

There is a Vartika which elaborates the topics of Dharmashāstra. Jaimini also speaks of the duties of a śudra in the dharmasāshtra. Patanjali shows that in his days dharmasutras existed and their authority was very high, being next to the commandments of God. He quotes verses and dogmas that have their counterparts in the dharmasutras.

Hence the foregoing discussion establishes that works on the dharmashāstra existed prior to Yaska or at least prior to the period 600-300 B. C. In the 2nd century B. C., they had attained a position of supreme authority in regulating the conduct of men.

Contemporary Literature on Dharmashāstra

The whole of the extant literature on dharma can be dealt with as follows:

• First comes the dharmasutrās. Some of the works like those of Apastamba, Hiranyakesin and Baudhāyana form the part of a larger sutra collection, while there are others like those of Gautama and Vaṣisṭha which do not form part of a larger collection. Some dharmashāstras like that of Visnu are in their extant form in comparatively later times in the date than other dharma works; some works like those of Śankha-Likhita and Paithinasi are known only from the quotations.

• Early metrical smrtis like those of Mann and Yajnavalkya are discussed secondarily. There are many smrti works like those of Brhaspati and Katyāyana that are known only from quotations. There is an existence of the versified smrtis like that of Nārada.

• The two epics, the Mahābhārata and the Rāmāyaṇa, and the Purāṇas also have played a great part in the development of the Dharmashāstra. The commentaries on the smrtis, such as those of Visvarupa, Medhatithi, Vijnanesvara, Apararka, Haradatta should be reviewed next. Then in the last stage, digests on dharma such as the works of Hemadri, Toḍaramalla, Nilakañtha and others should be considered.

Conclusion

It’s very difficult to settle the chronology of the works on dharmasāstra, particularly the earlier ones. The present writer do not subscribe to the views of Max Muller and others that works in continuous Anustubh meter which followed sutra works. A general knowledge of the works of that period is so meagre that such a generalization is most unjustifiable. Some works are in the continuous śloka metre, like the Manusmrti, are certainly older than the Viṣṇudharmasutra and probably of the same era of Vaṣisṭhadharmasutra.

One of the earliest extant is Baudhāyana dharmasutras which contains long passages in the śloka meter, many of which are quotations. Even the Apastamba has a considerable number of verses in the śloka meter. This renders it highly probable that works in the śloka meter existed before them. Besides a large literature on dharma existed in the times of Apastamba and Baudhāyana which has not come down to us. In the absence of that literature, it is futile to dogmatize on such a point.