Sacred Laws Of Aryas

This document is the first part of "The Sacred Laws of the Aryas" translated by Georg Bühler, focusing on the texts of Apastamba and Gautama. It's Volume II of "The Sacred Books of the East" series, edited by F. Max Müller.

Here's a summary of its key aspects based on the provided text:

Overall Purpose and Context:

• Sacred Laws of the Aryas: The book compiles ancient legal and ethical codes attributed to prominent Brahmanical sages: Apastamba and Gautama.
• Part of a Larger Series: It's Volume II of "The Sacred Books of the East," a significant project aiming to provide English translations of major religious and philosophical texts from around the world.
• Scholarly Translation: Georg Bühler undertook the translation, with the introduction and annotations offering historical and philological context.

Apastamba's Aphorisms on Sacred Law:

• Source of Hindu Law: Apastamba's work is presented as a foundational text for Hindu law, predating later metrical codes like the Laws of Manu.
• Vedic Roots: The laws originate from the teachings of Vedic schools, with the Sūtras being a later development than the Samhitâs and Brahmanas.
• Kalpa-sūtra Context: Apastamba's Dharma-sūtra is part of a larger Kalpa-sūtra, covering sacrifices (Srauta and Grihya), interpretative rules, and the construction of altars (Sulvasūtra).
• Key Themes: The text covers:
  • General Rules: Foundational principles.
  • Initiation (Upanayana): Detailed rules regarding the sacred thread ceremony, its timing, the qualifications of the teacher (Acharya), and the conduct of students.
  • Studentship (Brahmacharya): Strict regulations for students living with their teacher, including obedience, conduct, diet, dress, begging for alms, and the importance of respecting the teacher and his family.
  • Return Home (Snâtaka): Rules for a student who has completed their education, including appropriate behavior, dress, and interactions.
  • Purification (Shuddhi): Elaborate guidelines for maintaining ritual purity through various means like sipping water, washing, and avoiding contact with impure substances and beings.
  • Eating and Forbidden Food: Detailed lists of what can and cannot be eaten, often related to ritual purity and the Veda's injunctions.
  • Lawful Livelihood: Permissible occupations for different castes, especially for Brahmanas in times of distress.
  • Penance (Prâyashchitta): Prescriptions for expiating various sins, ranging from minor transgressions to major offenses like homicide and incest, often involving specific practices like fasting, ritual bathing, and penance periods.
  • Knowledge of the Atman: Sections touching upon philosophical concepts related to the self and liberation.
  • The Four Orders of Life (Āshramas): Mentions of studentship, householdership, ascetism, and hermitage, highlighting the duties associated with each.
  • Duties of a Householder: Regulations concerning marriage, domestic ceremonies (like Vaisvadeva), hospitality, and the management of the household.
  • Inheritance: Rules for dividing paternal property among sons, the rights of different types of sons (legitimate, appointed, etc.), and the order of succession when there are no direct heirs.
  • Duties of a King: Laws concerning governance, justice, taxation, and the protection of subjects and castes.
  • Civil and Criminal Law: Provisions for various offenses, penalties (including fines, corporal punishment, banishment, and even capital punishment for certain crimes, especially against Sūdras), and legal procedures like the use of witnesses and ordeals.
  • Impurity: Detailed rules on what causes ritual impurity and how to regain purity.
  • Funeral Oblations (Sraddha): Guidelines for performing monthly obsequies, the substances to be offered, and the specific merits associated with performing them on different days.
  • The Four Orders (continued): Further elaboration on the duties of ascetics and hermits.
  • The King: Detailed responsibilities of a king in maintaining order, justice, and the welfare of his subjects, including taxation and military duties.
  • Witnesses: Rules for selecting and examining witnesses in legal disputes.

Gautama's Institutes of the Sacred Law:

• Connection to Sama-Veda: Gautama's work is identified as belonging to the Sama-Veda tradition.
• Priority: It is considered the oldest of the existing Dharma-sūtras, predating others like Baudhâyana and Vāsistha.
• Key Themes: Similar to Apastamba, it covers:
  • Initiation: Rules regarding the ceremony, timing, and associated practices.
  • Studentship: Duties and conduct of students.
  • Purification: Maintaining ritual purity.
  • Eating and Forbidden Food: Prohibitions regarding diet.
  • The Four Orders: A brief mention of the four life stages.
  • Householder: Duties related to marriage, domestic life, and hospitality.
  • Times of Distress: Permissible actions when facing hardship.
  • A King and a Brâhmana versed in the Vedas: Discusses the importance of both for societal order.
  • Lawful Occupations and Livelihood: Defines the permissible professions for different castes.
  • Duties of a King: Responsibilities related to governance, justice, and protection.
  • Civil and Criminal Law: Rules for legal proceedings, punishments, and contractual agreements.
  • Impurity: Causes of impurity and their expiation.
  • Funeral Oblations: Guidelines for performing rites for the deceased.
  • Saluting: Etiquette for showing respect to elders and superiors.

Introduction by Georg Bühler:

• Historical Significance: Bühler emphasizes Apastamba's importance for understanding the development of Hindu law and for debunking Brahmanical legends about the origin of social codes.
• Dating and Provenance: He discusses the likely origins and historical placement of Apastamba's school (Southern India, likely later Vedic period, possibly before 3rd century BCE) and Gautama's school (Sama-Veda).
• Linguistic Analysis: Bühler notes linguistic peculiarities in Apastamba's Sūtras, suggesting an antiquity that predates the standardization of Sanskrit grammar by Pāṇini.
• Interconnections: He highlights cross-references within Apastamba's works (Srauta, Grihya, and Dharma-sūtras) to demonstrate their unified authorship.
• Commentaries: Mentions the significance of Haradatta's commentary (Uggvalā Vritti) for the authenticity and understanding of Apastamba's text.

Key Jain References (Indirect):

While the text is primarily about Brahmanical laws, the mention of "Jain Education International For Private And Personal Use Only" on the first page and the catalog link "jainqq.org" indicate that this particular digital copy is being provided through a Jain educational resource. This suggests that Jain scholars and institutions are interested in comparative religious studies and may be using these Brahmanical texts for academic purposes. However, the content of the text itself is focused on Brahmanical Dharma Sastras.

In essence, this document provides a detailed and scholarly translation of foundational texts for ancient Hindu law, offering insights into social structure, religious practices, ethical codes, and legal principles of the time.