365bet

Yajnavalkya-smriti (Vyavaharadhyaya)—Critical study

by Kalita Nabanita | 2017 | 87,413 words

This page relates ‘Positions of the Brahmanas and the Shudras� of the study on the Vyavaharadhyaya of the Yajnavalkya-smriti: one of the most prominent Smritis dealing with Dharmashastra (ancient Indian science of law), dating to the 1st century B.C. The Yajnavalkyasmriti scientifically arranges its contents in three sections: Acara (proper conduct), Vyavahara (proper law) and Prayashcitta (expiation). Vyavahara deals with judicial procedure and legal system such as substantive law and procedural law.

Go directly to: Footnotes.

Chapter 3.2a - Positions of the 󳾲ṇa and the Śū

The 󳾲ṇa being the highest order among principal ṇa of ancient Indian society and the Śū as the lowest order, hold different positions. The distinctions or inequalities between the foremost caste and the lowest caste of the society need consideration to know about the progress and advancement of the society. In any legal system, the position of the members of the different castes furnishes the thoughts and feelings of the community, because the socio-economic forces prevailing in a particular society, play a vital role while framing the rules and regulations of that society.

The 󳾲ṇa use to enjoy special privileges and immunities as a result of their superior position in the society, which may be observed in the ղⲹⲹ of the ñⲹṛt. It is made a legal obligation on the part of the King to erect suitable buildings in the city and to settle there the 󳾲ṇa, versed in the three Vedas. Moreover, they are provided with livelihood and asked to observe or protect their own dharma.[1] Dharma in this context refers to the rules regarding ṇa and ś, which are dictated in the Vedas and the ṛt.[2] The 󳾲ṇa are given the right to free access to any places, as if, those are their own, for the purpose of collecting grass, sacrificial fuel and flowers.[3] Thus, they are protected from being prosecuted for the offence of theft.

The rule regarding treasure of unknown ownership, found hidden, also known as treasure trove (nidhi) is also exceptionally favourable towards the 󳾲ṇa. If the treasure trove is found by the king, then half of it is to be given to the 󳾲ṇa, and when a learned 󳾲ṇa comes by it, he can keep the whole nidhi. Any other person, except them, having found the treasure trove, the king should take one sixth of that treasure trove.[4] Though this meaning is apparent in the text of ñⲹ, yet according to the Ѿṣa, the king should give one sixth of it to the finder and should keep himself the remaining treasure trove.[5]

In the matter of administration of justice, the 󳾲ṇa are allowed to assist the king.[6] Further, the person, i.e. the Principal Judge, should be a learned 󳾲ṇa, who is appointed to administer justice, when the king is unable to attend due to his other duties.[7] Vijñāneśvara makes it clear that in the absence of a learned 󳾲ṇa, the king may appoint a ṣaٰⲹ or a ղśⲹ with the same quality, but not a Śū.[8] Therefore, it is observed that the 󳾲ṇa get privilege to take active part in judicial functions along with the ruler.

In the ղⲹⲹ of the ñⲹṛt, ṇa discrimination is distinct in case of administering divine ordeals between the 󳾲ṇa and the Śū. The ordeal by balance, which is the easiest form of all the ordeals, is prescribed for the 󳾲ṇa and on the other hand, the Śū are subjected to the severest form of ordeal, i.e. by poison weighing seven barleycorns.[9] In case of the ordeal ٳܱ, the person undertaking it, is not in any danger or threat to life of the person going through it. The 󳾲ṇa are also preferred while paying off the debt to other castes, when the creditors belong to different castes.[10] Another special privilege enjoyed by the 󳾲ṇa is that even non-invitation of neighbouring 󳾲ṇa, on the exequal occasions or the like has been considered as an offence, punishable with a fine of ten 貹ṇa.[11]

The penal provision of the ñⲹṛt is not harsh to the 󳾲ṇa and some privileges are allowed to them. They are endowed with immunities and exemption. In this regard, the position of the 󳾲ṇa and the Śū before the time of the ñⲹṛt should be traced, for which, the rules contained in the ѲԳܲṛt deserve consideration. The extreme form of supremacy is advocated for the 󳾲ṇa, against the categorically unfair expressed treatment towards the Śū in the ѲԳܲṛt. The laws of the ѲԳܲṛt are hostile to the Śū specifically. In accordance with Manu, a 󳾲ṇa witness requires taking oath by his veracity, but a Śū has to swear by imprecating on his own head the guilt of all grievous sins.[12] The manner of administration of oath for a Śū in court of law is most humiliating of all. ñⲹ has mentioned a general oath for all witnesses without any reference to the particular caste of the witnesses.[13] Manu generally ordains severe punishment for Śū, offending against the persons of superior ṇa. He lays down that due to the law origin of a Śū, when he insults any one of the three upper castes with gross invective, should have his tongue cut off.[14] On the contrary, a 󳾲ṇa is liable to be fined with fifty, twenty five and twelve 貹ṇa for defaming a ṣaٰⲹ, a ղśⲹ and a Śū respectively.[15]

ñⲹ has not prescribed such kind of discriminatory behaviour towards the Śū, rather ordains fine for a similar offence, which varies depending upon the caste of the offender and the victim.[16] However, it is significant to note that in the Ҳܳٳ󲹰ūٰ, no fine is provided for a 󳾲ṇa, abusing a Śū, which indicate that at that time it might not have been considered at all as a crime.[17] It appears that the disabilities and the subordination of the Śū, during the time of the ٳ󲹰ūٰ have deteriorated their position to more destructive height than other three castes. The Ҳܳٲ󲹰ūٰ, which is believed to be the oldest of this kind, contains provisions that the ears of the Śū are entitled to be filled with molten tin or lac for listening the Vedic recitation, for repeating it, his tongue is to be cut off and if he memorises, then his body shall be split asunder.[18]

In the ղⲹⲹ of the ñⲹṛt, there is not any repressive law against a Śū disputing with the 󳾲ṇa, or against the Śū learning or owning property and so forth. However, the 󳾲ṇa, still continue to enjoy some kind of favourable laws compared to other castes. ñⲹ has prescribed the general law for all non-󳾲ṇa but not only to Śū that a non-󳾲ṇa should be deprived of his limb, through which he inflicts pain on a 󳾲ṇa.[19]

Manu prescribes that a Śū having intercourse with an unguarded woman of twice born has to lose his offending part, and if he commits the same offence with a guarded twice born woman then he loses his life.[20] He advocates special exemption for the 󳾲ṇa ordaining tonsure of head in case of which, other caste have to suffer capital punishment.[21] On the other hand, when the 󳾲ṇa have intercourse with the woman of a 󳾲ṇa, a ṣaٰⲹ, a ղśⲹ or a Śū, he is made to pay fine in ascending order.[22] Manu makes a claim for the 󳾲ṇa, that intends to place them above the criminal punishment. According to him, a 󳾲ṇa should not be killed for whatever crimes he commits, rather he should be vanished without wound on him and with all his property.[23] The king is warned that he should never think of imposing death penalty on a 󳾲ṇa, as killing of him is known to be the greatest crime on the earth.[24]

In the matter of adultery, ñⲹ too maintains the principle of ṇa legislation. However, it is not prejudiced to the Śū. He has prescribed the punishment for various kinds of adultery in a uniform way, that when it is committed with a higher caste woman by lower caste man then death is the penalty. Higher form of pecuniary penalty is ordained when committed with woman of same caste and middle or lowest form of fine is to be paid, if committed with a woman of lower caste.[25] An exception is provided by ñⲹ, in case, when a woman of inferior caste is forcibly defiled, then the hands of the offender should be lopped off.[26] Thus, ñⲹ conforms to corporeal punishment even for upper castes such as the 󳾲ṇa, the ṣaٰⲹ, the ղśⲹ though in accordance with the above mentioned provisions, the 󳾲ṇa get immunity from the capital punishment. ñⲹ prescribes branding and banishment for the 󳾲ṇa as penalty for theft but several modes of corporal punishments are recommended for other castes.[27] It may be noticed that ñⲹ in this respect has treated the ṣaٰⲹ, the ղśⲹ and the Śū with equal status or at par.

On many contexts, views of the commentators are significant to understand and to detect the changes, which have taken place in the society. They very often try to project the idea of later time, i.e. of their time along with the view of the writer of the original work. Hence, the comments of the Ѿṣa, may expose the changing position of the castes in the society from the earlier time. Manu, claiming the supremacy of the 󳾲ṇa, declares that even a 󳾲ṇa of ten years is like the father to a ṣaٰⲹ of a hundred years old.[28] The Ҳܳٲ󲹰ūٰ has also announced that the king rules over all, except the 󳾲ṇa.[29] The Ѿṣa commentary quoting the above-mentioned text of the Ҳܳٲ󲹰ūٰ expresses that it is intended to be eulogistic only, hence it should not be supposed in consequence that the 󳾲ṇa are exempted from punishment but the king has the power to punish them in appropriate cases.[30] վśū貹 quotes a passage of Kātyāyaṇa which lays down death sentence for a 󳾲ṇa in case of certain offences such as, destruction of foetus, theft, assault of the 󳾲ṇa women with weapon and killing of innocent women.[31]

In the ղⲹⲹ of the ñⲹṛt, an offence related to the Śū is mentioned, which reveals the social taboos that the Śū are subjected too. It emphasises on each of the castes to follow their own livelihood as permitted by the Śٰ. Therefore, if a Śū secures his livelihood by falsely displaying the marks of a 󳾲ṇa then it is considered as an offence punishable with a fine of eight hundred 貹ṇa. It may be presumed that due to the privilege and covetable position enjoyed by the 󳾲ṇa in the society, some of the members of the Śū caste might have pretended to be the 󳾲ṇa to receive the advantage of that caste by exhibiting the false signs of the 󳾲ṇa.[32] The Ѿṣa explains that a Śū with the object of getting a meal, exhibits or puts on the sacred thread and other marks of a 󳾲ṇa. Regarding the punishment, it is important to note that the commentator has mentioned two views of two unknown or unnamed ṛt. According to one view, a mark resembling the sacred thread should be carved on his body by means of a heated pin. The view of the other ṛt is that the Śū, who wears the marks of the twice born should be punished corporally.[33]

Thus, ñⲹ has not advocated cruel punishment to the Śū as prescribed of these ṛt, cited by the commentators. One of the rules of the ղⲹⲹ suggests that certain items of foods are forbidden for the Śū like the members of the higher ṇa, i.e. the 󳾲ṇa, the ṣaٰⲹ and the ղśⲹs. He prescribes that the person who falsely makes a 󳾲ṇa to partake the prohibited food is liable to pay the highest form of monetary punishment. In case of ṣaٰⲹ, for the similar offence, the punishment is second form, that committed to ղśⲹ attracts lowest amercement, and when a Śū is caused to eat prohibited food then the punishment incorporated is half the first amercement.[34] The above discourse shows the pre-eminent position of the 󳾲ṇa and the disadvantaged position of the Śū. However, the critical and comparative examinations of the penal treatment indicate the gradual declination of the privileges, concessions, influence and supremacy of the 󳾲ṇa. On the contrary in course of time, the position of the Śū has improved in the society.

The ѲԳܲṛt and the ٳ󲹰ūٰ of Gautama, etc., basically bring the distinction between the three upper ṇa and the Śū. It seems that the upper ṇa are led by the 󳾲ṇa and the lower ṇa by the Śū. At that time, the 󳾲ṇa enjoyed high social status and claimed undue privileges, contrary to their position with the Śū. In most of the provisions of Manu, the general attitude of intense hostility towards the Śū may be observed. These are directed to the Śū offending against the 󳾲ṇa. It suggests the bitter relation between the highest and the lowest ṇa. Therefore, the Śū had to suffer a lot. K. P. Jayaswal remarks that Manu’s hostility to the Śū is primarily towards the learned and the controversialist Śū, claiming equality and freedom.[35]

The provisions of the ղⲹⲹ of the ñⲹṛt and the commentaries on this work inform some improvement in the legal and political status of the Śū and to some extent, it has retained their social position. The opposition shown in the penal behaviour earlier between the Śū and the three upper, castes led by the 󳾲ṇa, is shifted to an equal order of increase among the four ṇa. In many aspects, where the privileges of the 󳾲ṇa are retained, the Śū are not differentiated from the ṣaٰⲹ and the ղśⲹs, but all these three ṇa are mentioned by using one term as non-󳾲ṇa. Most of cruel corporal punishments and draconian measures of Manu towards the Śū for their suppression are either omitted or replaced with pecuniary punishment. The claim to sovereignty and complete immunity of the 󳾲ṇa from penal provisions is ignored by ñⲹ. The favours shown to the 󳾲ṇa do not appear to be excessive, in comparison to what they have enjoyed earlier. He has restricted the privileges and concessions to some extent, giving due consideration to social and political environments. The ñⲹṛt, thus reflects these developments and the signs of change in the position of the 󳾲ṇa and the Śū in the society. The former is brought under the purview of the law, which is declared to be the supreme of all, whereas the status of the Śū has been tactfully improved as has never been.

Footnotes and references:

[back to top]

[1]:

kṛtvā pure ٳԲ� 󳾲ṇānԲ asya tatra tu/ ٰⲹ� vṛttimadbrūyātsvadharma� pālyatāmiti// ñⲹṛt, 2.185

[2]:

…varṇāśramanimitta� śrutismṛtivihito bhavadbhiranuṣṭhīyatāmiti tānbrāhmaṇānbrūyāt/ Ѿṣa, Ibid.

[3]:

dvijastṛṇaidha� puṣpāṇi sarvata� sarvadāharet// ñⲹṛt, 2.166

[4]:

labdhavā Ծ� dadyāddvijebhyo’rdha� 屹Ჹ� puna�/ vidvānaśeṣamādadyātsa sarvasya prabhuryata�// itareṇa nidhau labdhe ṣaṣṭhaṃśamāharet/ aniveditavijñāto dāpyasta� 岹ṇḍmeva ca// Ibid., 2.34-35

[5]:

itareṇa tu rājavidvadbrāhmaṇavyatiriktena avidvadbrāhmaṇakṣatriyādinā nidhau labdhe ṣaṣṭhāṃśamadhigantre datvā śṣa� Ծ� ⲹ󲹰/ Ѿṣa, Ibid.,2.35

[6]:

ñⲹṛt, 2.1

[7]:

Ibid., 2.3

[8]:

� sarvadharmavit brāhmaṇo na kṣatriyādirniyoktavyo vyavahāradarśane/� evaṃbhūtabrāhmaṇāsaṃbhave ṣaٰⲹ� śⲹ� vāniyuñjīta naśūdram/ Ѿṣa, Ibid.

[9]:

tula strībālavṛddhāndhapaṅgubrāhmaṇarogiṇām/ agnirjala� vā sūdrasya yavā� sapta viṣasya vā// ñⲹṛt, 2.98

[10]:

岹ٳٱ tu brāhmaṇāyaiva nṛpatestadanantaram// Ibid., 2.41

[11]:

brāhmaṇaprātiveśyānāmetadevānimantraṇe// Ibid., 2.263.

[12]:

satyena śāpayedvipra� ṣaٰⲹ� vāhanāyudhai�/ gobījakāñcanairśⲹ� śū� sarvaistupātakai�// ѲԳܲṛt, 8.113

[13]:

ñⲹṛt, 2.73-75

[14]:

첹پ屹īṃsٳ dāruṇayā kṣipan/ jihvāyā� prāpnuyāccheda� jaghanyaprabhavo hi sa�// ѲԳܲṛt, 8.270

[15]:

Ibid., 8.268

[16]:

cf., ñⲹṛt, 2.206-207

[17]:

na śūdre kiṃcit// Ҳܳٲ󲹰ūٰ, 12.13

[18]:

atha vedamupaṣṛṇvatastrapujatubhyā� śrotrapratipūraṇam// udāharaṇe jihvāccheda�// dhāraṇe śarīrabheda�// Ibid., 12.4-6

[19]:

viprapīḍākara� chedyamaṅgamabrāhmaṇasya tu/ ñⲹṛt, 2.215

[20]:

śūdro guptamaܱٲ� vā dvaijāta� sarvṇamāvasan/ aguptamaṅgasarvasvī ܱٲ� sarveṇa hīyate// ѲԳܲṛt, 8.374

[21]:

mauṇḍya� prāṇāntako daṇḍo brāhmaṇasya vidhīyate/ itareṣāṃ tu varṇānā� 岹ṇḍ� prāṇāntako bhavet// Ibid., 8.379

[22]:

Ibid., 8.378, 385

[23]:

na ٳ 󳾲ṇa� hanyātsarvapāpeṣvapi sthitam/ rāṣṭrādena� bahiḥkuryātsamagradhanamakṣatam// Ibid., 8.380

[24]:

na brāhmaṇa vadhādbhūyāndharmo vidyate bhuvi/ tasmādasya Բ’pi na cintayet// Ibid., 8.281

[25]:

ñⲹṛt, 2.286, 287, 289

[26]:

ⲹⲹ峾� 첹Բ� valātkāreṇa nakhakṣatādinā dūṣayati ٲ tasya karaścchettavya�/ Ѿṣa, Ibid., 2.288

[27]:

ܰ� pradāpyāpahṛta� ghātayodvividhairvadhai�/ sacihna� 󳾲ṇa� kṛtvā svarāṣṭrādvipravāsayet// ñⲹṛt, 2.270

[28]:

󳾲ṇa� daśavarṣa� tu śatavarṣa� tu bhūmipam// 辱putrau vijānīyādbrāhmaṇastu tayo� // ѲԳܲṛt, 2.135

[29]:

sarvasyeṣṭe brāhmaṇavarjam// Ҳܳٲ󲹰ūٰ, 11.1

[30]:

na ca sarvasyeṣṭe brāhmaṇavarjam iti gautamavacanānna brāhmaṇādaṇḍyā iti mantavyam/ tasya praśaṃsārthatvāt/ Ѿṣa on ñⲹṛt, 2.4

[31]:

garbhasya pātane steno brāhmaṇyā� śastrapātane/ aduṣṭā� yoṣita� hatvā hantavyo brāhmaṇo’pi hi// Kātyāyaṇa quoted by վśū貹 on ñⲹṛt, 2.281

[32]:

vipratvena ca śūdrasya jīvato’ṣṭaśato 岹�// ñⲹṛt, 2.304

[33]:

tathā ya� śūdro bhojanārtha� yejñopavītādīnī brāhmaṇaligāni darśayati teṣāmaṣṭaśato 岹�/…śrāddhabhojanārtha� puṇa� śūdrasya vipraveṣadhāriṇastaptaśalākāyā yajñopavīvadvapuṣyālikhet iti smṛtyantarokta� draṣṭavyam/ vṛttyartha� tu yajñopavītādi brāhmaṇaliṅgadhāriṇo vadha eva/ drijātilivigina� śūdrānghātayet iti smaraṇāt/ Ѿṣa, Ibid.2.304

[34]:

󲹰ṣyṇa 屹Ჹ� ūṣy 岹ṇḍ ܳٳٲ󲹲/ ⲹ� ṣaٰⲹ� śⲹ� ٳ󲹳� śūdramardhikam// ñⲹṛt, 2.296

[35]:

Jayaswal, K.P., Manu and ñⲹ, pages91-92

Let's grow together!

I humbly request your help to keep doing what I do best: provide the world with unbiased sources, definitions and images. Your donation direclty influences the quality and quantity of knowledge, wisdom and spiritual insight the world is exposed to.

Let's make the world a better place together!

Like what you read? Help to become even better: