Difference between revisions of "Talk:The Dharmasutra of Gautama"

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This has been printed several times there is Dr. Stcnzler’s edition of 1876. the Calcutta edition of 1876, the Anandasrama 56 0 . P. 5 [oif I gTiq.n. 17. 15. 16 and I. 1. 2. 38. 7 e. K. the 3^17. ‘ H((% ^55i: ’ ( VIII. 21. 1. ). This has in view ^ II. 7. 16. 4-22. 58 Compare ,fr. Vf. I- 3-4 and 3^.7. I. 2. 5. 4. 3TIT. ” 13. 9
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Gautama dharmasutra is the oldest of dharmasutras among those we have. The Gautama-dharmasutra was especially studied by the followers of the Samaveda. The commentary on the Caranavyuha tells us that Gautama was one of the nine subdivisions of the Ranayaniya school of Samaveda. A teacher Gautama is mentioned frequently in the Latyayanaśrautasutra<ref>Latyayanaśrautasutra 1. 3. 3 and I. 4. 17</ref> and in the Drahyayanasrauta<ref>Drahyayanasrauta I. 4. 17, IX. 3. 15</ref> of the Samaveda.
  
The Dharmamtra cf Oavtama edition with the commentary of Haradatta, and the Mysore Government edition with the bhasya of Maskari ; it was translated by Bnhler in S. B. E., Vol. II. with an introduction ). The Anandasraraa edition of 1910 which is incorrect in a few places ( e. g. 21. 7 ) has been used in this work. This dharmasiitra is, as we shall see, the oldest of those we have. The Gautama-dharmasiitra was specially studied by followers of the Samaveda (see note 5 5 above). The com- t mentary on the Caranavyiiha tells us that Gautama was one of the nine subdivisions of the Ranayaniya school of the Samaveda. A teacher Gautama is mentioned frequently in the Latyayana-srantasiltra (e. g. 1. 3. 3 and I. 4. 17 ) and in the Drahyayanasrauta (e. g. I. 4. 17, IX. 3. 15) of the Samaveda.
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The Gobhilagrhya<ref>Gobhilagrhya III. 10. 6</ref> which belongs to the Samaveda cites Gautama as an authority. Therefore a complete Gautamasutra embodying Śrauta, Gṛhya and Dharma doctrines once existed. There are other indications pointing to the close connection of the Gautama-dharmasutra with the Samaveda. Chapter 26 of the dharmasutra about kṛicchra penance is the same as the Samavidhana Brahmana<ref>Samavidhana Brahamana I. 2, Burnell’s ed.</ref>. Among the purificatory texts mentioned in Chandogya Dharmasutra<ref>Chandogya Dharmasutra 19. 12</ref> there are nine that are Sāmans. The mention of the five utterances<ref>These five utterences are called as Vyahaṛtis.</ref> resembles the number in the Vyahṛtisāma though the order is different. It is however to be noted that Gautama is a generic name. In the Kathopanisad, both Naciketas<ref>Kathopanisad II. 4. 15, II. 5. 6</ref> and his father<ref>Kathopanisad I. i. 10</ref> are styled Gautama. In the Chāndogyopaniṣad there is a teacher named Haridrumata Gautama<ref>Chāndogyopaniṣad IV- 4- 3 59</ref>
  
The Gobhilagrhya (III. 10. 6) wliich belongs to the Samaveda cites Gautama as an authority. Therefore it is not improbable that a complete Gautamasutra embody- ing Srauta, Grhya and Dharma doctrines once existed. There are other indications pointing to the close connection of the Gautama- dharmasutra with the Samaveda. Chapter 26 of the dharmasutra about penance is the same, almost word for word, as the .Samavidhana'’ Brahmana ( I. 2, Burnell’s ed. ). Among the purificatory texts ( 2t in number ) mentioned in Cau. Dh. S. ( 19. 12 ) there are nine that arc Samans. The mention of the five utterances (N'yahnis) resembles the number in the Vj’ahrtisama®” though ilie order is different. It is however to be noted that Gautama is a generic name. In the Kathopanisad, both Naciketas<ref>Kathopanisad II. 4. 15, II. 5. 6</ref> and his father<ref>Kathopanisad I. i. 10</ref> arc styled Gautama. In the Chandogyopanisad there is a teacher Haridrumata Gautama<ref>Kathopanisad IV- 4- 3 59</ref>
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==Era Previous to Gautama Dharmasutra==
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Besides Manu, Gautama frequently quotes certain views ascribed to the ‘Ācāryas’<ref>Ācāryas e. g. III. 35, IV. 18</ref>. What teachers are meant by the word ‘Ācāryah’<ref>It occurs in the Nirukta, Kautilya and various other works.</ref>, it is difficult to say. Probably the word means ‘the general traditional view of most writers in that particular śāstra on a particular point. In numerous places, Gautama refers to the views of his predecessors in the words ‘eke’<ref>Gautama Dharmasutra 2. 15, 40 and 56, 3. I, 4. 17, 7. 23</ref> and ‘ekeṣām’,<ref>Gautama Dharmasutra 28. 17 and 38</ref>. This proves that Gautama was preceded by great literary activity in the sphere of dharmasutra. Gautama seems to be a reminiscence of the Nirukta.
  
There are however considerable divergences; e. g. q-, 26. 10-12 are i -white the contains many additions. Wherever there is divergence, it is generally Gautama that amplifies the passages found in the nr. n. n. I- 52 stTfetn: rrar nrnF?n;. *“ *n. n. n. 25. 8 we' have nRiRrrj ni. *8. 8. the snifW® s®®™ he As remarks the five inWR *f® gn:, The 5 q|||(%s are generally declared to be seven ^ 10. the first three being styled.  
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==Different Versions of Gautama Dharmasutra==
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The Dharmasutra of Gautama has been printed several times by different editions like Dr. Stenzler's edition of 1876, the Calcutta edition of 1876, Anandashrama edition with the commentary of Haradatta and the Mysore Government edition with the bhāsya of Maskari which was translated by Buhler.<ref>It was translated by Buhler in S. B. E., Vol. II. with an introduction.</ref> The Anandasrama edition of 1910 has been used as a reference in this work.
  
According to Haradatta the dharmasutra has 28 chapters. The Calcutta edition adds one chapter on Kanmvipitka after chapter 19. In many places Gautama unmistakably refers to his own previous dicta ; c. g. Yathoktam va (23. 16 ) refers to 23. 10 ; 23. 26 refers to 17. 8-26 ; 17. 18 refers to 15. 18. The following are briefly the contents of the Gautamadharmasutra :
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==Contents of Gautama Dharmasutra==
# Sources of dharma, rules /about interpretation of texts, time of Upniniymia for the four vanjas, the appropriate girdle, deer skin, cloth and staff for each Varna, rules about huca and acamana, method of approaching the teacher  
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According to Haradatta, the dharmasutra has 28 chapters. The Calcutta edition adds one chapter on Karmavipāka after chapter 19. In many places Gautama unmistakably refers to his own previous dicta.
# Rules about those not invested with sacred thread, rules for the hmhmaalriu, control of pupils, period of study  
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# The four asramas, the duties of brahiiuictlriit, hlukfii, and viiikh&misa
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The following are briefly the contents of the Gautamadharmasutra :
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# Sources of dharma, rules about interpretation of texts, time of Upanayana for the four varnas, the appropriate girdle, deer skin, cloth and staff for each Varṇa, rules about śauca and ācamana, method of approaching the teacher.
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# Rules about those not invested with sacred thread, rules for the brahmacarin, control of pupils, period of study  
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# The four asramas, the duties of brahmacarin, bhikṣu and vaikhānsa
 
# Rules about the house-holder, marriage, age at time of marriage, eight forms of marriage, sub-castes  
 
# Rules about the house-holder, marriage, age at time of marriage, eight forms of marriage, sub-castes  
# Rules about sexual intercourse on marriage, the five great daily sacrifices, the rewards of gifts, niadhuparka, method of honouring guests of the several castes  
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# Rules about sexual intercourse on marriage, the five great daily sacrifices, the rewards of gifts, madhuparka, method of honoring guests of the several castes
# Rules about showing respect to parents, relatives ( male and female) and teachers, rules of the road  
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# Rules about showing respect to parents, relatives (male and female) and teachers, rules of the road  
# Rules about the avocations of a briihmana, avocations for him in distress, s\ hat articles a brahmana could not sell or deal in ; 8 the forty saiiiskaras and the eight spiritual qualities ( such as daya, forbearance ike. )
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# Rules about the avocations of a brahmana, avocations for him in distress, what articles a brahmana could not sell or deal in
# The observances for a snataka and householder
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# The forty saṅskaras and the eight spiritual qualities such as dayā, forbearance
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# The observances for a snātaka and house-holder
 
# The peculiar duties of the four castes, the responsibilities of the king, taxation, sources of ownership, treasure-trove, guardianship of minor’s wealth
 
# The peculiar duties of the four castes, the responsibilities of the king, taxation, sources of ownership, treasure-trove, guardianship of minor’s wealth
# Rajadharma, the qualities of the king’s piirohita
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# Rājadharma, the qualities of the king’s purohita
# Punishments for libel, abuse, assault, hurt, adulter)' and rape, theft in the case of the several varnas and rules about money-lending and usury and adver.se pos.scssion, special privileges of brfihmanas as to punishments; payment of debts, deposits
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# Punishments for libel, abuse, assault, hurt, adultery and rape, theft in the case of the several varnas and rules about money-lending and usury and adverse possession, special privileges of brahmanas as to punishments; payment of debts, deposits
 
# Rules about witnesses, falsehoods when excusable
 
# Rules about witnesses, falsehoods when excusable
 
# Rules of impurity on birth and death
 
# Rules of impurity on birth and death
# Sriiddha of five kinds, persons not fit to be invited at Sraddha
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# Srāddha of five kinds, persons not fit to be invited at Srāddha
# Upakarma, period of Vedic study in the ycai, holidays and occasions for them  
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# Upakarma, period of Vedic study in the year, holidays and occasions for them  
 
# Rules about food allowed and forbidden to Brahmanas and other castes
 
# Rules about food allowed and forbidden to Brahmanas and other castes
 
# The duties of women, niyoga and its conditions, discussion about the son born of niyoga  
 
# The duties of women, niyoga and its conditions, discussion about the son born of niyoga  
# The causes and occasions of prayascitta, five things that remove sin ( japa, tapas, Imia, fasting, gifts ), purifi- catory Vedic prayers, holy food for one who practises /apa, various kinds of tapas and gifts, appropriate times and places for japa  
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# The causes and occasions of prayascitta, five things that remove sin<ref>They are japa, tapas, homa, fasting and gifts.</ref>, purificatory Vedic prayers, holy food for one who practices japa, various kinds of tapas and gifts, appropriate times and places for japa  
# Abanii^ning a sinner who does not undergo prayascitta and the way pf doing it
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# Abandoning a sinner who does not undergo prayascitta and the way of doing it
# Sinners of various grades, mahapaukas, upapatakas
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# Sinners of various grades, mahāpātakas, upapātakas
# Pryascittas for various sins such as hrahmahatyay adultery, killing a Ksatriya, Vaisya, Sudra, cow and other animals  
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# Pryascittas for various sins such as brahmahatyā, adultery, killing a kṣatriya, Vaiśya, Śūdra, cow and other animals  
# Prayascitta for drinking wine, and nasty things, for incest and unnatural offences, and for several transgressions by brahmacarin  
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# Prayascitta for drinking wine and nasty things, for incest and unnatural offences and for several transgressions by brahmacarin  
# Secret pniyakittas for muhapatalzas and upap&tahts
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# Secret prāyaścitta for mahāpātakas and upapātakas
# The penances called Krcchra and Atikrcclira
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# The penances called Kṛcchra and Atikṛcchra
# The penance called Candra- yana
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# The penance called Cāndrayāṇa
# Partition, stridhana, reunion, twelve kinds of sons, inheritance
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# Partition, strīdhana, reunion, twelve kinds of sons, inheritance
 
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The Gautama-dharmasutra is written entirely in prose and it contains no verses either quoted or composed by the author him- self, as is the case with the other dharmasulras. Here and there occur sutras that look like portions of Anustubh verses e.g. 23. 27^*. The language of Gauuiina agrees for more closely with the standard set up by Paiiini than the dbctrmasntras of Baiulhayana and Apastamba. It is not very easy to account for this difference. It is obvious that commentators and generations of students that were brought up in the tradition of the Paninean grammar tampered with the text and improved it in accordance with their notions of correct Sanskrit. But why this process should not have been carried out to the same extent in the case of Apastamba it is diflicult to say. A conjecture may be hazarded that the Ap. l)h. S. being a well-knit component of the Ap. Kalpa and being studied as such was less liable 10 being tampered with than the Gautama Dh. S., whicli probably did not in its origin belong to any particular kalpa.  
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==Diction of Gautama Dharmasutra==
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The Gautama-dharmasutra is written entirely in prose and it contains no verses either quoted or composed by the author himself, as is the case with other dharmasutras. Here and there occurs sūtras that look like portions of Anuṣṭubh verses<ref>Anuṣṭubh verse number 23. 27</ref>. The language of Gautama agrees far more closely with the standard set up by Pāṇini than the dharmasutras of Badhāyana and Āpastamba. It is not very easy to account for this difference. It is obvious that commentators and generations of students that were brought up in the tradition of the Pāṇinean grammar tampered with the text and improved it in accordance with their notions of correct Sanskrit. But why this process should not have been carried out to the same extent in the case of Āpastamba it is difficult to say. A conjecture may be hazarded that the Āpastamba dharmasutras being a well-knit component of the Āpastamba Kalpa and being studied as such was less liable to being tampered with than the Gautama dharmasutra, which probably did not in its origin belong to any particular kalpa.  
  
The same commentator, IJaradatta, explained both Gautama and Apastamba. ilaradatta, who as will be seen later on, was a great grammarian, shows in several , places that the current reading was ungrammatical from the Paniiiean stand-point and that he preferred readings that were in consonance with Panini's rules^^. There are still a few un-Paninean words, e. g. in i . 14 (‘dvaviiiisateb’ for dvavim-sat’ ) and 9. 52 ( kulamkula ). The Tantravartika ( p. 99 ) appears 62 e. g. on ^ 16. 21 ( ^ ‘
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The same commentator, Haradatta, explained both Gautama and Apastamba. Haradatta was a great grammarian who shows in several places that the current reading was ungrammatical from the Paṇinean stand-point and that he preferred readings that were in consonance with Pāṇini's rules. The Tantravartikā<ref>Tantravartikā page 99</ref> appears to discuss the various readings in Gautama<ref>Gautama Dharmasutra I. 45</ref>. A few sutras quoted from Gautama in the Mitākṣara<ref>The sutra ‘utpatyaiva arthsvāmitvam labhante.</ref>, the Śmṛticandrikā<ref>The sutra 'dvyamśam va purvajah'.</ref> and other works are not found in the extant text.  
Sistory of Dharmasastrd to discuss the various readings in Gautama ( I. 45*’* ). A few suiras quoted from Gautama in the Mitaksara ( e. g. the sutra ‘ utpatyaiva arthsvamitvam labhantc), the^miticandrika ( dvyamsam va purvajah and other works arc not found in the extant text. This iact along with the fact of an interpolation of one chapter makes it clear that the present text of Gautama is of somewhat doubtful authority. The literature known to the Gautama-dharmasutra was extensive. Besides the Vedic sariihitas and Brahmanas it mentions the follo^^•ing works ; Upanisads (19.13), the Vcdiiiigas (8.5 and 11. 19), Itihasa (8. 6), Purana (8.6 and ii. 19), Upaveda (11. 19), dharmsastra ( ii. 19 ). That he borrows a chapter from the Sama- vidhana-brahmana has been mentioned above. He borrows the first six sutras of the 25th chapter from the Taittiriya Aranyaka (11.18).  
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The sramanaka ( in Gautama 111 . 26 ) is, according to Haradatia, the Vaikhanasa-siistra ( cither composed by Vikhanas or treating ol the duties of hermits ). Gautama refers to Anviksiki ( XI. 3 ). The only teacher o( tlhitniia lie quotes by name in Manu ( in 21. 7 ) who is cited for the proposition that there is no expiation for the three sins of brahmahatyii, drinking wine and violation of the bed of the guru. Haradatta says that in the extant Manusmrti the same propositions are laid down about brahumixitya and siirapuiia ( in Manu II. 89 and 146 respectively), but that as to violation of talpn a passage from the Manusmriti has to be searched out (i.e. such a passage is not found tliere ). From this Biihlcr drew the conclusion tliat Gautama refers to the dharmasutra attributed to Manu ( and not to any versified Manu-smrti ). But Btihler is not right in drawing this inference. In the first place in spite of what Haradatta says there (ire verses in the e.xtant Manusmriti (XI. 104-105) which say that death is the expiation for violation of the guru’s bed. In the second place there is nothing to show, even if Haradatta -were correct, that Gautama refers only to a dhunuasiitra of Manu and not to a versified work. Besides Manu, Gautama frequently quotes certain views ascribed to the ‘ Acaryas’ ( e. g. III. 35, IV. 18 ). What teachers are meant by the word ‘ Acaryafi ’ ( which occurs in the Niru kta, in Kaufilya and various other works ), it is difficult to say. 63 It follows from the discussion in the that the ancient pUfka in its day was ‘ ’ while the present text has 5
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==Other Works Mentioned in Gautama Dharmasutra==
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The literature known to the Gautama-dharmasutra was extensive. Besides the Vedic saṃhitās and Brahmaṇas it mentions the following works ;
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* Upaniṣads<ref>Upaniṣads 19.13</ref>
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* Vedāṅgas<ref>Vedāṅgas 8.5 and 11. 19</ref>
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* Itihāsa<ref>Itihāsa 8. 6</ref>
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* Purāṇa<ref>Purāṇa 8.6 and ii. 19</ref>
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* Upaveda<ref>Upaveda 11. 19</ref>
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* Dharmśāstra<ref>Dharmaśāstra ii. 19</ref>
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* Sāmavidhāna-brāhmaṇa
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* Taittirīya Āraṇyaka<ref>First six sutras of the 25th chapter 11.18</ref>
  
Probably the word means ‘the general traditional view of most writers in that particular sastra on a particular point/ In numerous places Gautama refers to the views of his predecessors in the words ‘ eke ’ (2. 15, 40 and 56, 3. I, 4. 17, 7. 23 &c. ) and ‘ ekesam ’ ( 28. 17 and 38 ). This proves that Gautama was preceded by great literary activity in the sphere of dharniasastra. Gautama ii. 28 seems to be a reminiscence of the Nirukta ( II. 3 y-K The earliest reference to Gautama as an author on dharma occurs in the Baudhayanadharmasiitra. Baudbayana discusses the au- thoritativeness of usages peculiar to the north or the south and quotes Gautama as saying that it is wrong to hold that certain customs must be held authoritative in certain countries ( even though opposed to Vedic tradition and smrti ). This refers to G. Dh. S. ii. 20. In another place Baudhayana gives it as his view that a Brahmana, if he cannot make a living by teaching, officiating as a priest or by gifts, should earn his livelihood as a Ksatriya and quotes the views of Gautama as opposed to this^^. The extant Gautama on the other hand teaches the same view as that of Baudhayana^'^'. Buhler made the plausible suggestion that the siitra in the extant Gautama is an interpolation. Govindasvami, the commentator of Baudhayana, suggests that another Gautama is referred to by Baudhayana. It is possible to suggest that in the Ms. of Gautama used by Baudhayana the sutra about living as a Ksiilriya did not occur and the next sCitra about living as a Vaisj^a alone occurred. Chapter 19 of the Gautama- dharinasutra which forms an introduction to prayascitlas in Gautama seems to have been borrowed wholesale by Baudhayana (III. 10) with slight changes.  
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==False Controversy Created by Buhler==
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The śramaṇaka in Gautama<ref>Gautama Dharmasutra 111 . 26</ref> is, according to Haradatta, the Vaikhānasa-śāstra is either composed by Vikhanas or treating of the duties of hermits. Gautama refers to Anvīkṣiki<ref>Anvīksiki XI. 3</ref>. The only teacher of dharmas he quotes by name is Manu<ref>Manusmriti 21. 7</ref>, who is cited for the proposition that there is no expiation for the three sins of brahmahatyā, drinking wine and violation of the bed of the guru. Haradatta says that in the extant Manusmṝti the same propositions are laid down about brahmahatyā and sūrāpāna<ref>Manu II. 89 and 146 respectively</ref>, but that as to violation of gurutalpa, a passage from the Manusmriti, has to be found yet.  
  
That BaudhajMua borrows follows from the fact that the chapter in Baudhayana occurs in the middle of the discussion about prayascittas and not as an introduction, which is the case in Gautama. Baudhayana treats of penances in several places ( II. i, There are besides many sutras in both Gautama and Baudhayana that exhibit a close correspondence, e. g. The hae Gautama 111 . 25-3^ and Baudhayana 11 . 6. 17 about Vaikhanasa, Gain. 3. 3 and 35 and Baud. 11 . 6. 29, Gaut. 15. 29 and Baud. 11 . 8. 2, Gaut. 23. 8-10 and Baud. II. i. 12-14, Gaut. 24. 2 and Baud. II . 3. 8. The Ap. Dll. S. 11 . 6. 15. 25 speaks of Smrti as laying down lliat up to iilHUiaymui tlicrc is no adhihUrn for homa. This probably refers to (jautama II. 1-3. 'I’he Vasisthadharmasutra also quotes ihe views of Cbuitnma in two places ( 4. 34 and 36, impurity on death ). 'I'hc first refers to Gautama 4. q i but the second cannot be traced in the extant (iautania. Chapter 22 of Vasistha is borrowed iVom the (kuiiamadharinasutra, chapter 19. There are besides many siitras that are the same or almost the same in Gautama and Wisisflia, e. Ciaiiiama 3. ^1-33 and Vas. 9. 1-3, Gaut. 3. 26 and \ as. n. 10, Gain. 1 . and \^is. 3. 37, Gaut. i. 40 and Vas. 3. 38, Gain. I. .|i”i6 and \as. 3. q8, Gaut. i. 28 and Vas. 3. 49, Gaut.  
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From this Buhler drew the conclusion that Gautama refers to the dharmasutra attributed to Manu and not to any versified Manusmṛt. But Buhler is not right in drawing this inference. In the first place in spite of what Haradatta says there are verses in extant Manusmṛiti<ref>Manusmṛti XI. 104-105</ref> which say that death is the expiation for violation of the guru’s bed. In the second place there is nothing to show, even if Haradatta was correct, that Gautama refers only to a dharmasutra of Manu and not to any other versified work.  
  
I |. <)-7 and \’as. j. 2,1-26. (kuitama is referred to in the Manusmrti (111. 16) as the son of Utathya. Gautama is one of the authors oi Lil)itnm}sii.slras enumerated in Yajhavalkya (I. 5). Apararka quotes a verso from the Bhavisyapurana which speaks of Gautama^ prohibition about drinkinit^''. Similarly Kulluka ( on Manu XI. 146) (]uotcs a verse from the same Puriina which refers to Gautama 23.2. Kumarila in his 'lantraNartika quotes over a dozen sutras from Gautama which present the same text as we havc^^. Gautama ii. 29 and 12. 4 are quoted by Saiiikara in his hhd^ya on Vedantasutra III . I. 8 and [. 5. 38 respectively. Visvarupa in his commentary on Yajhavalkya queues numerous sutras from Gautama. In Medha- tilhi's A/.v6mv/ on Manu tiie writer more frequently quoted than any other is (iauiama ( e. g. on Manu 11 . 6, VIII. 125 &c.).  
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==References About Gautama==
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The earliest reference to Gautama as an author on dharma occurs in the Baudhāyanadharmasutra. Baudhāyana discusses the authority of usages peculiar to the north or the south and quotes Gautama by saying that it is wrong to hold certain customs which must be held authoritative in certain countries even though opposed to Vedic tradition and smṛti. It refers to Gautama dharmasutra<ref>Gautama dharmasutra ii. 20</ref> here. In another place Baudhāyana opines that a Brāhmaṇa, if he cannot make a living by teaching, officiating as a priest or by gifts, should earn his livelihood as a Ksatriya and quotes the views of Gautama as opposite to this.  
  
The foregoing discussion about tlie literature known to the Gautama Dli. S. and the authors and works that mention Gautama or quote the dharmasutra helps us in arriving at the approximate age of the dharmasutra. lie is separated by a long interval from the Saniavidhana lhahmana. lie is later than Yaska and wrote at a time \\ ]icn lYinini’s system was either not in existence or had not attained a pre-eminent position. The extant text was known to Baudhayana and \ asistha and was in the same state long before 700 A. D. The sutra betrays no knowledge of the onslaught delivered on Brahma quoted by P* 68 Vide JBBRA8 vol. 1 ( new series ) for 1925, pp. 66-67,
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===Similarities in Gautama Dharmasutra and Baudhayana Dharmasutra===
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The extant Gautama on the other hand teaches the same view as that of Baudhayana. Buhler made the plausible suggestion that the sutra in the extant Gautama, is an interpolation. Govindasvāmi, the commentator of Baudhāyana, suggests that another Gautama is referred to by Baudhayāna. It is possible to suggest that in the Ms. of Gautama used by Baudhāyana, the sutra about living as a Kṣatriya, did not occur and the next sutra about living as a Vaiṣya only is denoted. Chapter 19 of the Gautama- dharmasutra forms an introduction to prāyaścittas. In this chapter Gautama seems to have been borrowed wholesale by Baudhāyana<ref>Baudhāyana III. 10</ref> with slight changes. The conclusion that Baudhayana borrowed the facts from the Gautama Dharmasutra can be concurred as the content on prayascitta in Baudhayana Dharmasutra occurs in the middle of the discussion and not as an introduction, which is the case in Gautama dharmasutra. Baudhayana refers to penances in several places.<ref>Baudhayana dharmasutra II. i, III. 5. 10 and IV. I. 4</ref> There are besides many sutras in both Gautama and Baudhayana that exhibit a close correspondence.<ref>Gautama dharmasutra 111 . 25-34 and Baudhayana dharmasutra II . 6. 17 about Vaikhanasa</ref><ref>Gautama dharmasutra 33 and 35 and Baudhayana dharmasutra 11 . 6. 29</ref><ref>Gautama dharmasutra 15. 29 and Baudhayana dharmasutra 11 . 8. 2</ref><ref>Gautama dharmasutra 23. 8-10 and Baudhayana dharmasutra II. i. 12-14</ref><ref>Gautama dharmasutra 24. 2 and Baudhayana dharmasutra II . 3. 8</ref>
  
B. The Dhamwmitra of Gautama nisra by Buddha and his followers. He uses die lerni bhiksu ( 3. 10) instead of the term parivrajaka that occurs in Baudhayana, Apastamba and other siitra works and lays down that a Mnk^u is to stay in one place in the rains, which reminds one of the Buddhist ‘ bhikkhu ’ and ‘ Vasso’. Gautama cites the opinion of some that Yavana is the offspring of a Ksatriya male and a Sudra female (4. 17 ). It is supposed by many scholars that the Yavanas became known to the Indians only at the time of Alexander’s invasion and hence every work in which the word ydvniiii occurs must be laier than 320 B. C. Biihler ( S. B. li. vol. 11 . Intro, i.vi. ) seems to suggest that the sutra where the word Yavana occurs in Gautama may be an interpolation. This is not a satisfactory explanation. One may ask, if Buhler believes that the Indians borrowed their alphabet centuries before Alexander from the . neighbours of the Greeks, why it is improbable that the Indians may not have heard of the word Yavana centuries before Alexander and why Yavanas iiiav not have resided In India long before that date. Taking all these things into consideration the Gautama-dharmasutra cannot be placed later than the period between 600-400 B. C. Haradatta wrote a learned commentary on the Gatitama-dharma- sutra called Mitaksara. For an account vidt> sec. 87 below , in numerous places he quotes the explanations of other commentators of Gautama ( e. g. i). 52; 10. 12, 56, 66; n . 17 ; 12. 3.1 ; 21 . 9 :<.c. ).  
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===Similarities in Gautama Dharmasutra and Baudhayan Dharmasutra===
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The Vasisthadharmasutra also quotes the views on impurity of death from Gautama dharmasutra in two places.<ref>Vasisthadharmasutra 4. 34 and 36</ref> The first refers to Gautama dhamasutra<ref>Gautama dharmasutra 4. 4 I</ref> but the second view cannot be traced in the extant Gautama. Chapter 22 of Vasistha dharmasutra is borrowed from the chapter 19 of Gautama dharmasutra. There are besides many sutras that are the same or almost the same in Gautama and Vasistha dharmasutras.<ref>Gautama 3.31-33 and Vasistha 9. 1-3</ref><ref>Gautama 3. 26 and Vasistha 9.10</ref><ref>Gautama 1.44 and Vasistha 3. 37</ref><ref>Gautama I. 40 and Vasistha 3. 38</ref><ref>Gautama I. 28 and Vasistha 3.38</ref><ref>Gautama I. 28 and Vasistha 3. 49</ref><ref>Gautama I 5-7 and Vasistha I 24-26</ref>
  
The bhdfya of Maskari, son of \’aniana, is also a learned one, but may probably be later than Harailatta, since the interpretations v, hich he quotes as given by others are found to he those of Haradatta (vide on Gaut. 12. 30, 13. 20-22).
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===Other Drawn References from Gautama Dharmasutra===
Asahaya seems to have written a bhdsyii on Gautama ; vich' sec. 54 below. The Mitaksara, the Smrticandrika, Hemadri, Miidhava, and other writers quote a sloka-Gautama. Fhh’ Para.sara-Madhavl\'a, vol. I, part I, p. 7. Apararka, Hemadri and Madhava quote Vrddha- Gautama, while the Dattakamimariisa ( p. 72 ) quotes Vrddha-Gaut. and Brhad-Gaut. side by side on the same point. These are later works. Jivananda publishes a smrti of Vrddha-Gautama in 22 chapters and about 1700 verses ( part II, pp. .397-656 ), where it is said that Yudhisthira asked Krsna about tl.e iHurr.iis of i!;e lour castes. This smrti seems to have been originally taken from the A^vamedhikaparva of the Mahabh.^rata, as Madhava and others cite 30 verses occurring in it as from that parva ( vide Para^aramadhaviya vol, I, part I, pp. 108-110).
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* The Apastamba dharmasutra<ref>Apastamaba dharmasutra ll. 6. 15. 25</ref> speaks of Smrti which declares that till the ceremony of upanayana is not performed, there is no adhikāra for homa. This probably refers to the references in Gautama dharmasutra.<ref>Gautama dharmasutra II. 1-3</ref>
 +
* Gautama is referred to in the Manusmrti<ref>Manusmriti 111.16</ref> as the son of Utathya.
 +
* Gautama is one of the authors enumerated in Yajnavalkya<ref>Yajnavalkya I. 5</ref>.
 +
* Apararka quotes a verso from the Bhaviṣyapurāṇa which speaks of Gautama's prohibition about drinking.
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* Kulluka<ref>Manusmriti XI. 146</ref> quotes a verse from the same purana which refers to Gautama<ref>Gautama dharmasutra 23.2</ref>.
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* Kumarila in his Tantravartika quotes over a dozen sutras from Gautama which present the same text as there in Gautama dharmasutra.
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* Gautama dharmasutra verses<ref>Gautama dharmasutra ii. 29 and 12. 4</ref> are quoted by Saṅkara in his bhasya in Vedantasutra<ref>Vedantasutra III . I. 8 and I.3.38</ref>.
 +
* Visvarupa in his commentary on Yajnavalkya quotes numerous sutras from Gautama.
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* In Medhatithi's bhāsya on Manu the writer, the most frequently quoted verses are from Gautama dharmasutra then any other writer. <ref>Manu 11 . 6, VIII. 125 &c.</ref>
 +
* Haradatta wrote a learned commentary on the Gautama-dharmasutra called Mitākṣara. At various places Haradatta has quoted the explanations of other commentators of Gautama<ref>Mitākṣara 9. 52; 10. 12, 56, 66; II 17 ; 12. 32; 21 . 9 </ref>
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* The bhāsya of Maskari, son of Vāmana, is also a learned one, but may probably be later than Haradatta, since the interpretations which he quotes as given by others are found to be those of Haradatta<ref>Gautama 12. 30, 13. 20-22</ref> Asahāya seems to have written a bhāsya on Gautama.<ref>Gautama dharmasutra vide section 54</ref>.
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* The Mitākṣara, the Smrticandrika, Hemadri, Mādhava and other writers quote a sloka-Gautama.<ref>Vide Parāśara-Mādhaviya, vol I, part I, p. 7</ref>Aparārka, Hemadri and Mādhava quote Vrddha-Gautama, while the Dattakamīmaṃsā<ref>Dattakamiṃasā p. 72</ref> quotes Vrddha-Gautama and Brhad-Gautama side by side on the same point. These are the later works.
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* Jivānanda publishes a smrti of Vrddha-Gautama in 22 chapters and about 1700 verses<ref>Part II, pp. 497-636</ref>, where it is said that Yudhisthira asked Krsna about the dharmas of the four castes. This smrti seems to have been originally taken from the Āśvamedhikaparva of the Mahābhārata, as Madhava and others cite 30 verses occurring in it to be from the same parva.<ref>Vide Parāśaramādhaviya vol, I, part I, pp. 108-110</ref>
  
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==Era When Gautama Dharmasutra Came into Existence==
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The foregoing discussion about the literature known to the Gautama Dharmasutra and the authors and works that mention Gautama or quote the dharmasutra helps us in arriving at the approximate age of the dharmasutra. He is separated by a long interval from the Saṃvidhāna Brāhmana. He is later than Yaska and wrote at a time when Paniṇi’s system was either not in existence or had not attained a pre-eminent position. The extant text was known to Baudhayana and Vasistha and was in the same state long before 700 A. D. The sutra betrays no knowledge of the changes delivered on Brahmanism by Buddha and his followers. He uses the term bhikṣu, to stay in one place in the rains, which reminds one of the Buddhist ‘ bhikkhu ’ and ‘ Vasso’.
  
Ad/Cr
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Gautama cites the opinion of some that Yavana is the offspring of a Ksatriya male and a śudra female.<ref>Gautama dharmasutra 4. 17</ref> It is supposed by many scholars that the Yavanas became known to the Indians only at the time of Alexander’s invasion and hence every work in which the word yavana occurs must be later than 320 B. C. Buhler<ref>S. B. E. vol. 11 . Intro, i.vi.</ref> seems to suggest that the sutra where the word Yavana occurs in Gautama may be an interpolation. This is not a satisfactory explanation. One may ask, if Buhler believes that the Indians borrowed their alphabet centuries before Alexander from the neighbors of the Greeks, why it is improbable that the Indians may not have heard of the word Yavana centuries before Alexander and why Yavanas may not have resided In India long before that date. Taking all these things into consideration the Gautama-dharmasutra cannot be placed later than the period between 600-400 B. C.  
Mr. Batakrishna wrote, in Indian Historical Quarterly (volume Ill for 1927, p. 607), an exhaustive note on the mutual relations of Gautama, Baudhayana and Apastamba. He holds that Gautama is not the oldest extant author, that Apastamba and Gautama stand in the same relation as Manu and Yajnavalkya, that Baudhayana dharmasutra is not older than Apastambadharmasutra, that the reference to the views of some in Gautama 15. 30 may easily be to Apastamba Dharmasutra II. 7. 21. Some of the reasons on which he relics for these views have already been examined in the body of the work. That the extant sutra of Gautama has been in some places revised may be admitted; but that Gautama as an author on dharma preceded Apastamba’s work cannot be denied. There is nothing of chronological value so far as Gautama is concerned in Apastamba’s rejection of the view of Svetaketu that even a married man should continue Veda-study. That Apastamba says nothing about mixed castes is on a par with his silence as to niyoga and the secondary sons. Apastamba knew the lowest castes such as Candala and Paulkasa and Vaina ( Apastamba Dharmasutra S. 11. 1. 2. 6 ). As to beef-eating allowed by Apastamba, ide p. 45 of text and Satapatha Brahmana ( Satapatha Brahamana B. E. vol.26 p. II) where beef-eating is not allowed to a dikshita. Doctors of law were not agreed on many points of dharma and hence no certain chronological conclusion about individual authors can be drawn merely from their views on certain points. It is not correct to say as Mr. Ghose does that Apastamba knows no fines for crimes. Apastamba does say that in case of dispute between litigants elders were to decide, that in case of doubt they were to decide by inference or divine proof, that witnesses were to tell the truth and that if the witnesses were found to be false they were to be fined (II. ii. 29. 5-8 ). This shows that fines were not unheard of in Apastamba’s days and if he omits a statement the reason must be sought for elsewhere than in his being prior to all dharmasutras. Fines for crimes are as old as the Taittiriya Samhita II. 6. I0. 2
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After the words ‘the sutra is in close relation to one of the oldest schools of the Yajurveda, viz. Kafha’ the following should be added ‘ Vacaspati in his Sraddha- kalpa alias Pitrbhaktitarangini says that the siitra of Visnu is meant for students of the Katha.s.ikha, as Visnu is a sfitra- kara of tliat ^akha’ ; *IT flit ttftpasnfe'R ^ of in the India Ollicc, folio 17a ( 1 . O. c.it. p. 556 No. 1750 ). The siitra referred to is 86. 9. Sec. II p. 71 Vide Ind. Ant. vol. 25 for 1896 pp. 147-48 for an account of the ms. of the 1 laritadharinasutra found by the late Pandit Vaman Sastri Islampurkar.
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==Addition and Corrections==
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Mr. Balakrishna wrote, in Indian Historical Quarterly<ref>Volume Ill for 1927, p. 607</ref>, an exhaustive note on the mutual relations of Gautama, Baudhāyana and Apastamba. He holds that Gautama is not the oldest extant author. Apastamba and Gautama stand in the same relation as Manu and Yajnavalkya while Baudhāyana dharmasutra is not older than Apastambadharmasutra. The reference to the views of some in Gautama dharmasutra<ref>Gautama dharmasutra 15. 30</ref> may easily be related to Apastamba Dharmasutra<ref>Apastamba Dharmasutra II. 7. 21</ref>. Some of the reasons on which he relics for these views have already been examined in the body of the work.  
  
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The extant sutra of Gautama has been in some places revised may be admitted; but that Gautama as an author on dharma preceded Apastamba’s work cannot be denied. There is nothing of chronological value so far as Gautama is concerned in Apastamba’s rejection of the view of Śvetaketu that even a married man should continue Veda-study. That Apastamba says nothing about mixed castes is on a par with his silence as to niyoga and the secondary sons. Apastamba talks about the lowest castes such as Cāndāla and Paulkasa and Vaina in his dharmasutra<ref>Apastamba Dharmasutra S. 11. 1. 2. 6</ref>. As to beef-eating allowed by Apastamba<ref>Apastamba Dharmasutra p. 45</ref> of text and Śaṭapatha Brāhmana<ref>Śaṭapatha Brāhamana B. E. vol.26 p. II</ref> where beef-eating is not allowed to a dikshita.
  
Synopsis
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Lawmakers did not agree on various points of dharma and hence no certain chronological conclusion about individual authors can be drawn merely from their views on certain points. Apastamba does say that in case of dispute between litigants, elders were to decide, while in case of doubt they were to decide by inference or divine proof. If the witnesses was found to be false, he should be fined.<ref>Apastamba Dharmasutra II. ii. 29. 5-8 </ref> This shows that fines were not unheard of in Apastamba’s days and if he omits a statement the reason must be sought for elsewhere than in his being prior to all dharmasutras. Fines for crimes are as old as the Taittiriya Samhitā<ref>Taittiriya Samhitā II. 6. I0. 2</ref>
Gautama’s is the oldest extant dharmasutra - specially studied by followers of Samaveda - Gautama one of the nine subdivisions of the Ranayaniya school of Samaveda - Gautamadharmasutra points to close connection with Samaveda - Gautama refers to his own previous dicta - contents of 28 chapters of Gautamadharmasutra - the work is entirely in prose - Gautama’s language agrees more with Panini’s rules than Apastamba’s - explanation of this - Haradatu prefers Paiiinian readings of Gautamti’s text - some sUtras of Gautama quoted in the Mitaksara and other works not found in extant text - extent of literature known to Gautama - the only author named is Manu - the meaning of ‘ScarySh’ whose views are cited by Gautama - earliest reference to Gautama on dharma is in Baudhayana- dharmasutra - BaudhUyana ( III. 10) borrows chap. 19 of Gautama - close correspondence between many other sutras of Gautama and Baudhayana - Vasistha ( 4. 34 and 36 ) refers to views of Gautama -Vasi§tha’s 22nd chap, is borrowed from 19th of Gautama - many sutras the same in Gautama and Vasistha - Gautama referred to by Manu as son of Utathya - Gautama referred to by Yajnavalkya, Bhavisyapurana, Kumarila, Saihkaracarya, MedharitW “ Gautapia’s reference to Yavava - probable age between 600 – 400 B. c. - Haradatta and Maskarin commented on Gautama - Asahaya also did so - sloka - Gautama and Vrddha.  
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==Synopsis==
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Gautama’s is the oldest extant dharmasutra - especially studied by followers of Sāmaveda. He is one of the nine subdivisions of the Ranayaniya school of Sāmaveda. Gautamadharmasutra points out a very close connection to Sāmaveda. Gautama refers to his own previous dicta.<ref>Contents of 28 chapters of Gautamadharmasutra</ref> The work is entirely in prose. Gautama’s language agrees more with Panini’s rules than Apastamba’s. It can be explained by Haradatu who prefers Paṇinian readings of Gautam’s text. Some sutras of Gautama quoted in the Mitākṣara and other works not found in extant text. Extent of literature known to Gautama was the author named Manu. The earliest reference to Gautama on dharma is in Baudhayana-dharmasutra. Baudhāyana dharmasutra<ref>Baudhāyana dharmasutra III. 10</ref> borrows chapter 19 of Gautama which denotes a very close correspondence between many other sutras of Gautama and Baudhayana. Vasistha dharmasutra<ref>Vasistha Dharmasutra 4. 34 and 36</ref> refers to views of Gautama. Vasiṣtha’s 22nd chapter is borrowed from 19th chapter of Gautama dharmasutra. Many sutras are same in Gautama and Vasistha dharmasutra. Gautama is referred to by Manu as son of Utathya. Gautama is even referred to by Yajnavalkya, Kumarila, Saṅkarācārya, Medhatithi and in Bhavisyapurāna. Gautama's reference to Yavana exhibit the probable age between 600 – 400 B. C. Haradatta and Maskarin commented on Gautama.
  
 
==References==
 
==References==
 
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Latest revision as of 00:36, 13 November 2019

Gautama dharmasutra is the oldest of dharmasutras among those we have. The Gautama-dharmasutra was especially studied by the followers of the Samaveda. The commentary on the Caranavyuha tells us that Gautama was one of the nine subdivisions of the Ranayaniya school of Samaveda. A teacher Gautama is mentioned frequently in the Latyayanaśrautasutra[1] and in the Drahyayanasrauta[2] of the Samaveda.

The Gobhilagrhya[3] which belongs to the Samaveda cites Gautama as an authority. Therefore a complete Gautamasutra embodying Śrauta, Gṛhya and Dharma doctrines once existed. There are other indications pointing to the close connection of the Gautama-dharmasutra with the Samaveda. Chapter 26 of the dharmasutra about kṛicchra penance is the same as the Samavidhana Brahmana[4]. Among the purificatory texts mentioned in Chandogya Dharmasutra[5] there are nine that are Sāmans. The mention of the five utterances[6] resembles the number in the Vyahṛtisāma though the order is different. It is however to be noted that Gautama is a generic name. In the Kathopanisad, both Naciketas[7] and his father[8] are styled Gautama. In the Chāndogyopaniṣad there is a teacher named Haridrumata Gautama[9]

Era Previous to Gautama Dharmasutra

Besides Manu, Gautama frequently quotes certain views ascribed to the ‘Ācāryas’[10]. What teachers are meant by the word ‘Ācāryah’[11], it is difficult to say. Probably the word means ‘the general traditional view of most writers in that particular śāstra on a particular point. In numerous places, Gautama refers to the views of his predecessors in the words ‘eke’[12] and ‘ekeṣām’,[13]. This proves that Gautama was preceded by great literary activity in the sphere of dharmasutra. Gautama seems to be a reminiscence of the Nirukta.

Different Versions of Gautama Dharmasutra

The Dharmasutra of Gautama has been printed several times by different editions like Dr. Stenzler's edition of 1876, the Calcutta edition of 1876, Anandashrama edition with the commentary of Haradatta and the Mysore Government edition with the bhāsya of Maskari which was translated by Buhler.[14] The Anandasrama edition of 1910 has been used as a reference in this work.

Contents of Gautama Dharmasutra

According to Haradatta, the dharmasutra has 28 chapters. The Calcutta edition adds one chapter on Karmavipāka after chapter 19. In many places Gautama unmistakably refers to his own previous dicta.

The following are briefly the contents of the Gautamadharmasutra :

  1. Sources of dharma, rules about interpretation of texts, time of Upanayana for the four varnas, the appropriate girdle, deer skin, cloth and staff for each Varṇa, rules about śauca and ācamana, method of approaching the teacher.
  2. Rules about those not invested with sacred thread, rules for the brahmacarin, control of pupils, period of study
  3. The four asramas, the duties of brahmacarin, bhikṣu and vaikhānsa
  4. Rules about the house-holder, marriage, age at time of marriage, eight forms of marriage, sub-castes
  5. Rules about sexual intercourse on marriage, the five great daily sacrifices, the rewards of gifts, madhuparka, method of honoring guests of the several castes
  6. Rules about showing respect to parents, relatives (male and female) and teachers, rules of the road
  7. Rules about the avocations of a brahmana, avocations for him in distress, what articles a brahmana could not sell or deal in
  8. The forty saṅskaras and the eight spiritual qualities such as dayā, forbearance
  9. The observances for a snātaka and house-holder
  10. The peculiar duties of the four castes, the responsibilities of the king, taxation, sources of ownership, treasure-trove, guardianship of minor’s wealth
  11. Rājadharma, the qualities of the king’s purohita
  12. Punishments for libel, abuse, assault, hurt, adultery and rape, theft in the case of the several varnas and rules about money-lending and usury and adverse possession, special privileges of brahmanas as to punishments; payment of debts, deposits
  13. Rules about witnesses, falsehoods when excusable
  14. Rules of impurity on birth and death
  15. Srāddha of five kinds, persons not fit to be invited at Srāddha
  16. Upakarma, period of Vedic study in the year, holidays and occasions for them
  17. Rules about food allowed and forbidden to Brahmanas and other castes
  18. The duties of women, niyoga and its conditions, discussion about the son born of niyoga
  19. The causes and occasions of prayascitta, five things that remove sin[15], purificatory Vedic prayers, holy food for one who practices japa, various kinds of tapas and gifts, appropriate times and places for japa
  20. Abandoning a sinner who does not undergo prayascitta and the way of doing it
  21. Sinners of various grades, mahāpātakas, upapātakas
  22. Pryascittas for various sins such as brahmahatyā, adultery, killing a kṣatriya, Vaiśya, Śūdra, cow and other animals
  23. Prayascitta for drinking wine and nasty things, for incest and unnatural offences and for several transgressions by brahmacarin
  24. Secret prāyaścitta for mahāpātakas and upapātakas
  25. The penances called Kṛcchra and Atikṛcchra
  26. The penance called Cāndrayāṇa
  27. Partition, strīdhana, reunion, twelve kinds of sons, inheritance

Diction of Gautama Dharmasutra

The Gautama-dharmasutra is written entirely in prose and it contains no verses either quoted or composed by the author himself, as is the case with other dharmasutras. Here and there occurs sūtras that look like portions of Anuṣṭubh verses[16]. The language of Gautama agrees far more closely with the standard set up by Pāṇini than the dharmasutras of Badhāyana and Āpastamba. It is not very easy to account for this difference. It is obvious that commentators and generations of students that were brought up in the tradition of the Pāṇinean grammar tampered with the text and improved it in accordance with their notions of correct Sanskrit. But why this process should not have been carried out to the same extent in the case of Āpastamba it is difficult to say. A conjecture may be hazarded that the Āpastamba dharmasutras being a well-knit component of the Āpastamba Kalpa and being studied as such was less liable to being tampered with than the Gautama dharmasutra, which probably did not in its origin belong to any particular kalpa.

The same commentator, Haradatta, explained both Gautama and Apastamba. Haradatta was a great grammarian who shows in several places that the current reading was ungrammatical from the Paṇinean stand-point and that he preferred readings that were in consonance with Pāṇini's rules. The Tantravartikā[17] appears to discuss the various readings in Gautama[18]. A few sutras quoted from Gautama in the Mitākṣara[19], the Śmṛticandrikā[20] and other works are not found in the extant text.

Other Works Mentioned in Gautama Dharmasutra

The literature known to the Gautama-dharmasutra was extensive. Besides the Vedic saṃhitās and Brahmaṇas it mentions the following works ;

  • Upaniṣads[21]
  • Vedāṅgas[22]
  • Itihāsa[23]
  • Purāṇa[24]
  • Upaveda[25]
  • Dharmśāstra[26]
  • Sāmavidhāna-brāhmaṇa
  • Taittirīya Āraṇyaka[27]

False Controversy Created by Buhler

The śramaṇaka in Gautama[28] is, according to Haradatta, the Vaikhānasa-śāstra is either composed by Vikhanas or treating of the duties of hermits. Gautama refers to Anvīkṣiki[29]. The only teacher of dharmas he quotes by name is Manu[30], who is cited for the proposition that there is no expiation for the three sins of brahmahatyā, drinking wine and violation of the bed of the guru. Haradatta says that in the extant Manusmṝti the same propositions are laid down about brahmahatyā and sūrāpāna[31], but that as to violation of gurutalpa, a passage from the Manusmriti, has to be found yet.

From this Buhler drew the conclusion that Gautama refers to the dharmasutra attributed to Manu and not to any versified Manusmṛt. But Buhler is not right in drawing this inference. In the first place in spite of what Haradatta says there are verses in extant Manusmṛiti[32] which say that death is the expiation for violation of the guru’s bed. In the second place there is nothing to show, even if Haradatta was correct, that Gautama refers only to a dharmasutra of Manu and not to any other versified work.

References About Gautama

The earliest reference to Gautama as an author on dharma occurs in the Baudhāyanadharmasutra. Baudhāyana discusses the authority of usages peculiar to the north or the south and quotes Gautama by saying that it is wrong to hold certain customs which must be held authoritative in certain countries even though opposed to Vedic tradition and smṛti. It refers to Gautama dharmasutra[33] here. In another place Baudhāyana opines that a Brāhmaṇa, if he cannot make a living by teaching, officiating as a priest or by gifts, should earn his livelihood as a Ksatriya and quotes the views of Gautama as opposite to this.

Similarities in Gautama Dharmasutra and Baudhayana Dharmasutra

The extant Gautama on the other hand teaches the same view as that of Baudhayana. Buhler made the plausible suggestion that the sutra in the extant Gautama, is an interpolation. Govindasvāmi, the commentator of Baudhāyana, suggests that another Gautama is referred to by Baudhayāna. It is possible to suggest that in the Ms. of Gautama used by Baudhāyana, the sutra about living as a Kṣatriya, did not occur and the next sutra about living as a Vaiṣya only is denoted. Chapter 19 of the Gautama- dharmasutra forms an introduction to prāyaścittas. In this chapter Gautama seems to have been borrowed wholesale by Baudhāyana[34] with slight changes. The conclusion that Baudhayana borrowed the facts from the Gautama Dharmasutra can be concurred as the content on prayascitta in Baudhayana Dharmasutra occurs in the middle of the discussion and not as an introduction, which is the case in Gautama dharmasutra. Baudhayana refers to penances in several places.[35] There are besides many sutras in both Gautama and Baudhayana that exhibit a close correspondence.[36][37][38][39][40]

Similarities in Gautama Dharmasutra and Baudhayan Dharmasutra

The Vasisthadharmasutra also quotes the views on impurity of death from Gautama dharmasutra in two places.[41] The first refers to Gautama dhamasutra[42] but the second view cannot be traced in the extant Gautama. Chapter 22 of Vasistha dharmasutra is borrowed from the chapter 19 of Gautama dharmasutra. There are besides many sutras that are the same or almost the same in Gautama and Vasistha dharmasutras.[43][44][45][46][47][48][49]

Other Drawn References from Gautama Dharmasutra

  • The Apastamba dharmasutra[50] speaks of Smrti which declares that till the ceremony of upanayana is not performed, there is no adhikāra for homa. This probably refers to the references in Gautama dharmasutra.[51]
  • Gautama is referred to in the Manusmrti[52] as the son of Utathya.
  • Gautama is one of the authors enumerated in Yajnavalkya[53].
  • Apararka quotes a verso from the Bhaviṣyapurāṇa which speaks of Gautama's prohibition about drinking.
  • Kulluka[54] quotes a verse from the same purana which refers to Gautama[55].
  • Kumarila in his Tantravartika quotes over a dozen sutras from Gautama which present the same text as there in Gautama dharmasutra.
  • Gautama dharmasutra verses[56] are quoted by Saṅkara in his bhasya in Vedantasutra[57].
  • Visvarupa in his commentary on Yajnavalkya quotes numerous sutras from Gautama.
  • In Medhatithi's bhāsya on Manu the writer, the most frequently quoted verses are from Gautama dharmasutra then any other writer. [58]
  • Haradatta wrote a learned commentary on the Gautama-dharmasutra called Mitākṣara. At various places Haradatta has quoted the explanations of other commentators of Gautama[59]
  • The bhāsya of Maskari, son of Vāmana, is also a learned one, but may probably be later than Haradatta, since the interpretations which he quotes as given by others are found to be those of Haradatta[60] Asahāya seems to have written a bhāsya on Gautama.[61].
  • The Mitākṣara, the Smrticandrika, Hemadri, Mādhava and other writers quote a sloka-Gautama.[62]Aparārka, Hemadri and Mādhava quote Vrddha-Gautama, while the Dattakamīmaṃsā[63] quotes Vrddha-Gautama and Brhad-Gautama side by side on the same point. These are the later works.
  • Jivānanda publishes a smrti of Vrddha-Gautama in 22 chapters and about 1700 verses[64], where it is said that Yudhisthira asked Krsna about the dharmas of the four castes. This smrti seems to have been originally taken from the Āśvamedhikaparva of the Mahābhārata, as Madhava and others cite 30 verses occurring in it to be from the same parva.[65]

Era When Gautama Dharmasutra Came into Existence

The foregoing discussion about the literature known to the Gautama Dharmasutra and the authors and works that mention Gautama or quote the dharmasutra helps us in arriving at the approximate age of the dharmasutra. He is separated by a long interval from the Saṃvidhāna Brāhmana. He is later than Yaska and wrote at a time when Paniṇi’s system was either not in existence or had not attained a pre-eminent position. The extant text was known to Baudhayana and Vasistha and was in the same state long before 700 A. D. The sutra betrays no knowledge of the changes delivered on Brahmanism by Buddha and his followers. He uses the term bhikṣu, to stay in one place in the rains, which reminds one of the Buddhist ‘ bhikkhu ’ and ‘ Vasso’.

Gautama cites the opinion of some that Yavana is the offspring of a Ksatriya male and a śudra female.[66] It is supposed by many scholars that the Yavanas became known to the Indians only at the time of Alexander’s invasion and hence every work in which the word yavana occurs must be later than 320 B. C. Buhler[67] seems to suggest that the sutra where the word Yavana occurs in Gautama may be an interpolation. This is not a satisfactory explanation. One may ask, if Buhler believes that the Indians borrowed their alphabet centuries before Alexander from the neighbors of the Greeks, why it is improbable that the Indians may not have heard of the word Yavana centuries before Alexander and why Yavanas may not have resided In India long before that date. Taking all these things into consideration the Gautama-dharmasutra cannot be placed later than the period between 600-400 B. C.

Addition and Corrections

Mr. Balakrishna wrote, in Indian Historical Quarterly[68], an exhaustive note on the mutual relations of Gautama, Baudhāyana and Apastamba. He holds that Gautama is not the oldest extant author. Apastamba and Gautama stand in the same relation as Manu and Yajnavalkya while Baudhāyana dharmasutra is not older than Apastambadharmasutra. The reference to the views of some in Gautama dharmasutra[69] may easily be related to Apastamba Dharmasutra[70]. Some of the reasons on which he relics for these views have already been examined in the body of the work.

The extant sutra of Gautama has been in some places revised may be admitted; but that Gautama as an author on dharma preceded Apastamba’s work cannot be denied. There is nothing of chronological value so far as Gautama is concerned in Apastamba’s rejection of the view of Śvetaketu that even a married man should continue Veda-study. That Apastamba says nothing about mixed castes is on a par with his silence as to niyoga and the secondary sons. Apastamba talks about the lowest castes such as Cāndāla and Paulkasa and Vaina in his dharmasutra[71]. As to beef-eating allowed by Apastamba[72] of text and Śaṭapatha Brāhmana[73] where beef-eating is not allowed to a dikshita.

Lawmakers did not agree on various points of dharma and hence no certain chronological conclusion about individual authors can be drawn merely from their views on certain points. Apastamba does say that in case of dispute between litigants, elders were to decide, while in case of doubt they were to decide by inference or divine proof. If the witnesses was found to be false, he should be fined.[74] This shows that fines were not unheard of in Apastamba’s days and if he omits a statement the reason must be sought for elsewhere than in his being prior to all dharmasutras. Fines for crimes are as old as the Taittiriya Samhitā[75]

Synopsis

Gautama’s is the oldest extant dharmasutra - especially studied by followers of Sāmaveda. He is one of the nine subdivisions of the Ranayaniya school of Sāmaveda. Gautamadharmasutra points out a very close connection to Sāmaveda. Gautama refers to his own previous dicta.[76] The work is entirely in prose. Gautama’s language agrees more with Panini’s rules than Apastamba’s. It can be explained by Haradatu who prefers Paṇinian readings of Gautam’s text. Some sutras of Gautama quoted in the Mitākṣara and other works not found in extant text. Extent of literature known to Gautama was the author named Manu. The earliest reference to Gautama on dharma is in Baudhayana-dharmasutra. Baudhāyana dharmasutra[77] borrows chapter 19 of Gautama which denotes a very close correspondence between many other sutras of Gautama and Baudhayana. Vasistha dharmasutra[78] refers to views of Gautama. Vasiṣtha’s 22nd chapter is borrowed from 19th chapter of Gautama dharmasutra. Many sutras are same in Gautama and Vasistha dharmasutra. Gautama is referred to by Manu as son of Utathya. Gautama is even referred to by Yajnavalkya, Kumarila, Saṅkarācārya, Medhatithi and in Bhavisyapurāna. Gautama's reference to Yavana exhibit the probable age between 600 – 400 B. C. Haradatta and Maskarin commented on Gautama.

References

  1. Latyayanaśrautasutra 1. 3. 3 and I. 4. 17
  2. Drahyayanasrauta I. 4. 17, IX. 3. 15
  3. Gobhilagrhya III. 10. 6
  4. Samavidhana Brahamana I. 2, Burnell’s ed.
  5. Chandogya Dharmasutra 19. 12
  6. These five utterences are called as Vyahaṛtis.
  7. Kathopanisad II. 4. 15, II. 5. 6
  8. Kathopanisad I. i. 10
  9. Chāndogyopaniṣad IV- 4- 3 59
  10. Ācāryas e. g. III. 35, IV. 18
  11. It occurs in the Nirukta, Kautilya and various other works.
  12. Gautama Dharmasutra 2. 15, 40 and 56, 3. I, 4. 17, 7. 23
  13. Gautama Dharmasutra 28. 17 and 38
  14. It was translated by Buhler in S. B. E., Vol. II. with an introduction.
  15. They are japa, tapas, homa, fasting and gifts.
  16. Anuṣṭubh verse number 23. 27
  17. Tantravartikā page 99
  18. Gautama Dharmasutra I. 45
  19. The sutra ‘utpatyaiva arthsvāmitvam labhante.
  20. The sutra 'dvyamśam va purvajah'.
  21. Upaniṣads 19.13
  22. Vedāṅgas 8.5 and 11. 19
  23. Itihāsa 8. 6
  24. Purāṇa 8.6 and ii. 19
  25. Upaveda 11. 19
  26. Dharmaśāstra ii. 19
  27. First six sutras of the 25th chapter 11.18
  28. Gautama Dharmasutra 111 . 26
  29. Anvīksiki XI. 3
  30. Manusmriti 21. 7
  31. Manu II. 89 and 146 respectively
  32. Manusmṛti XI. 104-105
  33. Gautama dharmasutra ii. 20
  34. Baudhāyana III. 10
  35. Baudhayana dharmasutra II. i, III. 5. 10 and IV. I. 4
  36. Gautama dharmasutra 111 . 25-34 and Baudhayana dharmasutra II . 6. 17 about Vaikhanasa
  37. Gautama dharmasutra 33 and 35 and Baudhayana dharmasutra 11 . 6. 29
  38. Gautama dharmasutra 15. 29 and Baudhayana dharmasutra 11 . 8. 2
  39. Gautama dharmasutra 23. 8-10 and Baudhayana dharmasutra II. i. 12-14
  40. Gautama dharmasutra 24. 2 and Baudhayana dharmasutra II . 3. 8
  41. Vasisthadharmasutra 4. 34 and 36
  42. Gautama dharmasutra 4. 4 I
  43. Gautama 3.31-33 and Vasistha 9. 1-3
  44. Gautama 3. 26 and Vasistha 9.10
  45. Gautama 1.44 and Vasistha 3. 37
  46. Gautama I. 40 and Vasistha 3. 38
  47. Gautama I. 28 and Vasistha 3.38
  48. Gautama I. 28 and Vasistha 3. 49
  49. Gautama I 5-7 and Vasistha I 24-26
  50. Apastamaba dharmasutra ll. 6. 15. 25
  51. Gautama dharmasutra II. 1-3
  52. Manusmriti 111.16
  53. Yajnavalkya I. 5
  54. Manusmriti XI. 146
  55. Gautama dharmasutra 23.2
  56. Gautama dharmasutra ii. 29 and 12. 4
  57. Vedantasutra III . I. 8 and I.3.38
  58. Manu 11 . 6, VIII. 125 &c.
  59. Mitākṣara 9. 52; 10. 12, 56, 66; II 17 ; 12. 32; 21 . 9
  60. Gautama 12. 30, 13. 20-22
  61. Gautama dharmasutra vide section 54
  62. Vide Parāśara-Mādhaviya, vol I, part I, p. 7
  63. Dattakamiṃasā p. 72
  64. Part II, pp. 497-636
  65. Vide Parāśaramādhaviya vol, I, part I, pp. 108-110
  66. Gautama dharmasutra 4. 17
  67. S. B. E. vol. 11 . Intro, i.vi.
  68. Volume Ill for 1927, p. 607
  69. Gautama dharmasutra 15. 30
  70. Apastamba Dharmasutra II. 7. 21
  71. Apastamba Dharmasutra S. 11. 1. 2. 6
  72. Apastamba Dharmasutra p. 45
  73. Śaṭapatha Brāhamana B. E. vol.26 p. II
  74. Apastamba Dharmasutra II. ii. 29. 5-8
  75. Taittiriya Samhitā II. 6. I0. 2
  76. Contents of 28 chapters of Gautamadharmasutra
  77. Baudhāyana dharmasutra III. 10
  78. Vasistha Dharmasutra 4. 34 and 36