Manu's code of law : a critical edition and translation of the Mānava-Dharmaśāstra PDF
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MANU'S CODE OF LAW SOUTH ASIA RESEARCH SERIES EDITOR Patrick Olivelle A Publication Series of The University of Texas South Asia Institute and Oxford University Press THE EARLY UPANISADS Annotated Text and Translation Patrick Olivelle INDIAN EPIGRAPHY A Guide to the Study of Inscriptions in Sanskrit, Prakrit, and the Other Indo-Aryan Languages Richard Salomon A DICTIONARY OF OLD MARATHI S. G. Tulpule and Anne Feldhaus DONORS, DEVOTEES, AND DAUGHTERS OF GOD Temple Women in Medieval Tamilnadu Leslie C. Orr JÏMÛTAVAHANA' S DÄYABHÄGA The Hindu Law of Inheritance in Bengal Edited and Translated with an Introduction and Notes by Ludo Rocher A PORTRAIT OF THE HINDUS Balthazar Solvyns and the European Image of India 1740-1824 Robert L. Hardgrave, Jr. DIVINE TESTIMONY A Study and Translation of the Rajasthani Oral Narrative of Devnarayan Aditya Malik MANU'S CODE OF LAW A Critical Edition and Translation of the Mänava-Dharmasästra PATRICK OLIVELLE With the editorial assistance of Suman Olivelle OXTORD UNIVERSITY PRESS 2005 OXPORD UNIVERSITY PRESS Oxford New York Auckland Bangkok Buenos Aires Cape Town Chennai Dar es Salaam Delhi Hong Kong Istanbul Karachi Kolkata Kuala Lumpur Madrid Melbourne Mexico City Mumbai Nairobi Sao Pauio Shanghai Taipei Tokyo Toronto Copyright © 2005 by The University of Texas Center for Asian Studies Published by Oxford University Press, Inc. 198 Madison Avenue, New York, New York 10016 www.oup.com Oxford is a registered trademark of Oxford University Press All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior permission of Oxford University Press. Library of Congress Cataloging-in-Publication Data Manu (Lawgiver). [Mänavadharmasästra . English & Sanskirt] Manu's code of law : a critical edition and translation of the Mänava-dharmasästr a / Patrick Olivelle ; with the editorial assistance of Suman Olivelle p. cm. — (South Asia research) Includes bibliographical references and index. ISBN 978-0-19-517146-4 1. Mänavadharmasästra . 2. Hindu law—Sources. 3. Law— India—Sources. 4. Law—India—History. I. Olivelle, Patrick. II. Olivelle, Suman. III. Title. IV Series: South Asia research (New York, N.Y.) KNS127.3.A42004 294.5'94—dc22 2003070152 Preface It was in 1991, soon after I joined the University of Texas, that I first thought about preparing a critical edition of the Mänava-Dharmasästra. I first envisaged it as a collaborative project between me and my colleague Richard Lariviere, who had then just completed the first-ever critical edition of the Näradasmrti. Little did I realize that it would take a dozen years to complete the project, nor did I have any idea how complex, labor-intensive, and time-consuming it would be. I am glad that I did not have the foresight to know then what I know now in hindsight; if I did I would never have undertaken it. Over these past thirteen years many individuals and institutions have helped me in numerous ways; without their help this work would never have been com- pleted. At the end of this long road, I now have the pleasant task of expressing my gratitude to all of them publicly. First and foremost, Suman Olivelle has been a full partner in the editorial work for the past seven years. She collated most of the manu- scripts, learning eight different scripts in the process; proofread the entire document several times; and in general kept this complex project involving several collators organized. Richard Lariviere took on major administrative responsibilities over the years; although he could not collaborate directly in this edition, he has assisted this project in ways too numerous to mention. Albrecht Wezler read several chapters of my translation and gave valuable and insightful criticism and suggestions. During the eight months that I spent at Harvard in 2000-01, Stephanie Jamison gave un- stintingly of her time and knowledge and helped me work through obscure passages of the text. During the same period Michael Witzel also assisted in a variety of ways in coming to terms with this difficult text and in the dating of some manuscripts. Several of my students helped me in collating the manuscripts: Don Davis, Robert Fulton, Robert Goodding, and Mark McClish. Other students assisted the project in numerous ways: Stephen Lindquist, Lisa Edwin, and Roger Conant. David Brick helped with the Dharma Parallels, and Elliott MacGregor with the Pâd a Index. Ludo Rocher, Anne Feldhaus, and Gregory Schopen read the introduction and gave valu- able comments and suggestions. Wendy Doniger, Martha Selby, and Dominik Wu- jastyk provided guidance especially in medical and gynecological matters. Officers of the American Institute of Indian Studies were immensely helpful in obtaining manuscripts: Pradeep Mehendiratta, Madhav Bhandare, Venugopala Rao, and Jag- dish Yadav. Likewise, Karan Singh, Arlo Griffith, Cynthia Talbot, Ulrich Kragh, v vi Preface Anne Feldhaus, and V. L. Manjul obtained manuscripts from Jammu, Orissa, Ra- jasthan, Calcutta, and Nagpur. Allen Thrasher was very helpful in giving me access to the Library of Congress in Washington, D.C. at the very beginning of this project, and Mammata Misra helped with the reading of difficult passages of an Oriya manuscript. Many institutions assisted me in various ways. The Smithsonian Institution, the National Endowment for the Humanities, and the University of Texas gave gen- erous grants, without which this edition would never have been completed. The Bhandarkar Oriental Research Institute in Pune obtained numerous manuscripts and did a pilot collation of a few manuscripts under a grant from the Smithsonian. I want to thank especially Dr. S. D. Laddu, who supervised that collation. Finally, a big thank you to my daughter, Meera, who has endured this project that has absorbed both her father and mother both during her high-school years and through her four years of college! Thanks also to Cynthia Read and Theodore Calderara of the Oxford University Press, New York, who, as usual, have supported this project enthusiastically. This is a long and complex volume with several scripts and fonts. I produced the camera-ready copy, and even with the most careful attention and proofreading there are bound to be errors for which I beg the indulgence of the readers. Austin, Texas P.O. June, 2004 Contents Abbreviations ix INTRODUCTION 3 I. Authorship and Composition 5 II. Sources of Manu: The Traditions of dharma and artha 41 III. The Work of Redactors 50 IV. Nature and Purpose of the Treatise 62 V. Manu and the Later dharma Tradition 66 Note on the Translation 71 TRANSLATION 75 Editor's Outline 77 Chapter i 87 Chapter 2 94 Chapter 3 108 Chapter 4 124 Chapter 5 138 Chapter 6 148 Chapter 7 154 Chapter 8 167 Chapter 9 190 Chapter 10 208 Chapter 11 215 Chapter 12 230 Notes to the Translation 237 CRITICAL EDITION 351 Introduction to the Critical Edition 353 I. Editorial History and the Need for a Critical Edition 353 II. Sources for the Critical Edition 354 III. Genealogy of Manuscripts 370 IV.Constitution of the Texts 374 Note on the Critical Edition 381 vii via Contents Chapter i 383 Chapter 2 403 Chapter 3 447 Chapter 4 504 Chapter 5 558 Chapter 6 594 Chapter 7 613 Chapter 8 659 Chapter 9 746 Chapter 10 810 Chapter 11 837 Chapter 12 889 Notes to the Critical Edition 914 Appendices 983 Appendix I: Fauna and Flora 985 Appendix II: Names of Gods, People, and Places 988 Appendix III: Ritual Vocabulary 993 Appendix IV: Weights, Measures, and Currency 997 Bibliography 999 Dharmasâstri c Parallels 1009 PädaInde x 1035 Index to the Translation mi Abbreviations AB Aitareya Brahmana AÄ Aitareya A ranyaka Apa Aparâditya , Aparârka com. on YDh ÄpDh Äpastamba Dharmasutra ÄpGr Äpastamba Grhyasütra ÄpSr Äpastamba Srautasütra AS Kautalya's Arthasästra ÄsGr Äsvaläyana Grhyasütra ÄsSr Äsvaläyana Srautasütra AU Aitareya Upanisad AV Atharvaveda BauSr Baudhäyana Srautasütra BDh Baudhäyana Dharmasütra Bh Bhäruc i BhG Bhagavad GJtä BhP Bhavisya Parana B-R Böhtling k and Roth, Sanskrit-Wörterbuch BrSni Brhaspati Smrti BrU Brhadäranyaka Upanisad er. ap. critical apparatus to the edition ChU Chandagya Upanisad Dev Devannabhatta, Smrticandrika fh first hand GDh Gautama Dharmasütra Go Govindaraja GobhGr Gobhila Grhyasütra haplo haplography Har-A Haradatta, com. on the ÄpDh Har-G Haradatta, com. on the GDh Hem Hemädri , Caturvargacintämani JaiGr Jaiminíya Grhyasütra JAOS Journal of the American Oriental Society JB Jaiminíya Brahmana JIP Journal of Indian Philosophy Jmv Jïmûtavâhana , Däyabhäga KätSr Kätyäyan a Srautasütr a KB Käthaka Brähmana ix Abbreviations x KhGr Khadira Grhyasütra KS Kâthaka Samhita KSS Kashi Sanskrit Series Ku KullDka Kum Kumärila , Tantravârttika Laks Laksmïdhara , Krtyakalpataru ma marginal addition Mâdh Mâdhava , Pârâsaramâdhavïya MBh Mahabharata me marginal correction MDh Mänava Dharmasastra Me Medhätith i Mr Manirama MS Maitmyaniya Samhita M-W Monier-Williams, Sanskrit-English Dictionary Nä Näräyan a Nd Nandana NSm Närada Smrti NT Northern Transmission of the MDh om omission, omitted PärGr Päraskara Grhyasütra P MS Pürva Min tan i sä Sût r a Räm Rämäyana Rc Rämacandr a Rn Räghavänand a RV Rgveda Sab Sahara's commentary on PMS SânkhGr Sânkhâyana Grhyasütra SB Satapatha Brâhmana sh second hand ST Southern Transmission of the MDh TB Taittiñ ya Brâhmana TS Taittiñ ya Samhitâ TU Taittiñ ya Upanisad VaDh Vasistha Dharmasütra VeS Vedanta Sûtra ViDh Visnu-Darmasütra Vij Vijñ anesvara, Mitâksarâ com. on the YDh Vis Visvesvara, Bâlakndâ com. on the YDh vl variant reading VkhGr Vaikhânasa Grhyasütra WZKM Wiener Zeitschrift für die Kunde Morgenlandes WZKS Wiener Zeitschrift für die Kunde Südasiens YDh Yäjnavakya Dharmasästra ZDMG Zeitschrift der Deutschen Morganländischen Gessellschaft MANU'SCODEOFLAW This page intentionally left blank Introduction The pre-eminent position of the Manava Dharmasastra (MDh) among the ancient Indian treatises on dharma was clearly established by the 5th century CE and pos- sibly as early as the 3rd. Compliments are most meaningful when they are given by one's peers. Sometime toward the middle of the first millennium, Brhaspati, one of Manu's successors and himself a composer of a Dharmasastra, pays Manu the ulti- mate compliment: Manu is the authority, and any text contradicting Manu has no validity.1 A couple of centuries earlier, Vätsyäyana , the author of the Kamasutra (1.1.5-10), refers to the origin of the MDh in words reminiscent of the first chapter of the MDh. And Yâjnavalky a (1.4), another author of an early Dharmasastra, places Manu at the head of his list of the authors of Dharmasästras. The fame of Manu did not diminish through the next fifteen centuries right up to the time when the administration of law was taken over by the colonial power Britain. More commentaries—nine are extant—were written on the MDh than on any other Dharmasastra. Even though in some areas of dharma—legal procedure (vyavahära), for example—other texts, such as those of Närad a and Kätyäyana , be- came prominent, the MDh nevertheless remained pre-eminent throughout the long and distinguished history of Dharmasastric literature during the Middle Ages. I had to examine closely several prominent texts for citations from the MDh for this criti- cal edition. It is clear that the MDh is by far the most cited Dharmasastric text in the medieval Nibandhas. The fame of Manu, however, had spread outside of India long before the arri- val of the British. The first king in the Buddhist myth of origins codified in the Aggañ ñ asutta2 is called Mahäsammata . The figure of this first king becomes identi- fied with that of Manu in the Buddhist countries of Southeast Asia, especially Burma and Thailand, where the Buddhistic law codes are ascribed to Manu.3 It is no surprise, then, that the first text on dharma that Sir William Jones, the great pioneer of Sanskrit studies, chose to translate into English in 1794 was the MDh. Its translation opened for the first time the world of non-European law and religion to a western audience. Georg BUhler's translation and study, which has re- mained the standard for over a century, appeared in the famous Oxford University 1. See below, pp. 69. 2. For a detailed study of this myth, see Steven Collins, "The Discourse on What is Pri- mary," Journal of Indian Philosophy 21(1993): 301-93. 3. For discussions of this issue, see Lingat 1973, 266-72; Steven Collins and Andrew Huxley, "The Post-Canonical Adventures of Mahäsammata, " Journal of Indian Philosophy 24(1996): 624-48; Steven Collins, "The Lion's Roar on the Wheel-turning King: A Response to Andrew Huxley's "The Buddha and the Social Contract'," Ibid., 422-46. 3 4 Introduction Press series. Sacred Books of the East, edited by Max Müller , in 1886. With the es- tablishment of Indo-European linguistics and the discovery of the Sanskrit of the Vedas as one of the earliest extant members of the family of languages to which Greek, Latin, and most modern European languages belonged, there was excitement even among non-Indologists about the cultural heritage of ancient India. During the critical igth century, which set the agenda for much of scholarship on ancient India, the MDh was for better or for worse the lens through which most European scholars viewed India's past. Nietzsche, for example, regarded the MDh as a life-affirming representation of the Aryan religion, in contrast to the nay-saying Buddhism.4 Pas- sages from this text are found in every collection of readings given to students of Indian culture, history, or religion in western universities. Fame invites controversy, and in India itself during the 2oth century Manu be- came a lightning rod for both the conservative elements of the Hindu tradition and the liberal movements intent on alleviating the plight of women and low-caste and outcaste individuals. For the latter, Manu became the symbol of oppression. His verses were cited as the source of legitimation for such oppression, even though the same or similar passages are found in other and older documents. The first confer- ence by untouchables at Yeola under the leadership of Dr. B. R. Ambedkar in 1935, in which it was resolved to reject Hinduism, passed a resolution with the title "To the Untouchable Community: A New Message of a New Manu." Within a month a group of young untouchable men gathered in Nasik to burn a copy of Manu cere- monially.5 Even the prominent women's rights advocate, Madhu Kishwar, had to do battle with Manu.6 Kishwar refers to the burning of copies of the MDh in the pre- cincts of the Rajasthan High Court on March 25, 2000, and observes: "The protesters believed that the ancient text is the defining document of Brahmanical Hinduism, and also the key source of gender and caste oppression in India." In spite of all the attention, including burning, that the MDh has received over the past two centuries, the study of the text itself has been neglected. More heat, lit- eral and metaphorical, has been generated than light. Until now, even a close ex- amination of the numerous extant manuscripts of this work, manuscripts written in nine scripts and spread all over the Indian subcontinent, has not been undertaken. Without taking any position about the social value of the MDh, I would hope that we would take the trouble to read the text with the attention it deserves before we praise, condemn, or burn it. I also hope that this translation and study will be of some help in understanding this controversial but important document from India's past. 4. For a fine examination of the influence of India and the MDh on thinkers such as Schegel, Schopenhauer, Hegel, Nietzsche, and others, see Wilhelm Halbfass, India and Europe: An Essay in Understanding, Albany, NY: State University of New York Press, 1988. 5. See Eleanor Zelliot, "The Psychological Dimension of the Buddhist Movement in India," in Religion in South Asia: Religious Conversion and Revival Movements in South Asia in Medieval and Modern Times, ed. G. A. Oddie, pp. 119-44 (Columbia, Missouri: South Asia Books, 1977). The burning of the MDh was advocated also by other reform activists, such as E. V. Ramasami: see M. R. Barnett, The Politics of Cultural Nationalism in South India (Princeton: Princeton University Press, 1976), p. 37. 6. "Manu and the Brits," Hinduism Today, January-February 2001, pp. 56-59.
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