தமிழர் சமயம்

13. VEDIC LAWS: ĀPASTAMBA DHARMA ŚĀSTRA

13.1. Role of Dharma Śāstras
The social history of Indian people is largely embedded in the Dharma Sūtrās which control the lifestyle of individuals. Most Scholars refer to Manu Dharma Śāstra in a vague manner. Manu and Yājñavalkya were extensively used in the royal transactions mainly in civil and criminal disputes and punishments in courts. But the actual life was controlled by the Dharma Śāstras of Āpastamba, Bodhāyana and others. The rules prescribed in these texts were followed in all the rites from birth to death. Though the majority of them are common rules, there are some special codes the individual texts emphasise which were also followed. It is a fact that in ancient records, names of thousands of Vedic Brāhmaṇas are preserved for the past two thousand years which invariably mention their gōtra and sūtrā. While gōtra are the lineages of the individual, it is the sūtrā they followed that detail the code of their life. A statistical analysis for examples shows that out of 1000 Vedic scholars listed in one record, nearly 700 were the followers of Āpastamba and around 80 followed Bodhāyana though they came from different parts of South India. The Āpastamba's gṛhya-sūtrās is available which show their life was controlled by this text. Similar is the case about Bodhāyana sūtrās which for example, most of the temple priests of Śiva and Viṣṇu temples were followers of Bodhāyana sūtrā. Therefore, a study of these texts is necessary while writing the social history of the people. As this requires a separate study some aspects alone are pointed out in this study. Thus, some lists of the sūtrās available through the centuries are given here to emphasise the importance of this study. Most of the Vedic colleges established under the Cōḻas included the study of Dharma Śāstras as an important subject which included not only Manu, but also Bodhāyana. The worship in classical temples is influenced by the Bodhāyana-sūtrā which gives the longest list of Dēvatās to be worshipped daily. The Advaita exponent Adi Śaṅkarācārya has written commentary on two chapters of Āpastamba-sūtrā which shows the impact of this school on the outlook of Smārta Brāhmaṇas. The following study is only an attempt to point to the availability of sources for further study.

The sūtrās, also called Smṛtis, are divided into three parts, as gṛhya-sūtrā, dharma-sūtrā, and śrauta-sūtrā. These sūtrās briefly describe the code of life and observances found in the Vedas. In essence these Smṛtis preach the teachings, or the pathways of the Vedas called the Vaidika-mārga. The gṛhya-sūtrā deal with conduct of rules for domestic life, beginning from birth of children, their upbringing, education, marriage, family life etc. Up to this point it is the first part of gṛhya-sūtrā called Pūrvam and the death rites are the second or later half called Aparam. The relationship with the external world, men, and matters, also in domestic life are controlled by legal laws called the Dharma. The dharma-sūtrās are therefore the law codes. The Vedas are called Śrutis and so the types and modes of Vedic sacrificial rites are called śrauta-sūtrās. Many sages at different places and times have codified these texts as guides and so we have some prominent sūtrā texts spread all over India. In the case of more known authors, we find the same author has compiled all the three sūtrās namely, gṛhya, dharma and śrauta-sūtrās and their texts have survived, for example one of the earliest compilers was Bodhāyana whose three texts are available. We find most of the Hindus including Veḷḷāḷars (Śūdras till the middle of last century) invariably mention the sūtrās they followed. For example, Veḷḷāḷars called themselves followers of Bodhāyana. Thus, these codes of conduct went beyond caste barriers, playing a crucial role in the legal system of the Hindus. Though the way of life described is mostly common in all these texts, there are some minor variations in rituals or what we may call customs of regions. For example, there are some marriage customs of North India that are not accepted in the South and vice versa. Another example is the case of cross cousin marriages which is not accepted in the North.

While the śrauta Vedic sacrifices are optional, the gṛhya domestic lifestyles and the dharma provisions are obligatory and cannot be transgressed without inviting sin and/or punishments. Therefore, the sūtrā literature plays a vital role in Hindu society.

13.2. Āpastamba

While these have their important place there were common law codes which the king enforced, and they are the texts like Manu Dharma Śāstra and Yajñavalkhya Smṛti, which had the royal authority and permeated the entire Society. In view of their widespread authority and use they had many erudite commentaries that give a proper insight into Hindu society. As they invariably fall back on Vedic tenets, they were the Vedic paths called Vaidīka-mārga, and were studied invariably in the Vedic colleges as part of their curriculum.
As this is an ancient society with a well classified lifestyle, every individual has preserved their family genealogy called gōtram which traces back to a particular sage who lived four thousand years ago. These gōtra names are preserved in most families for two reasons: one to remember their ancestry and two in marriage customs. In some legal requirements seven generations are calculated in families. Thus, many of the ancient records mention the gōtra and sūtrā of their family which also help social historians to trace the nativity and migration pattern of the family and the law code that played a major role and consequently the life of the people. For example, some of the Vedic gōtras, like Agastya, Kācyapa, Kāpyaṉ, Kauṇḍiṇya, Gautama, Kaucika, Ātrēya, Bhāradvāja, Mādalaṉ, Parāsaraṉ, and so on, were present in Tamiḻnāḍu for the last two thousand years. Similarly, we find that more than sixty percent of the Vedic Brāhmaṇas were followers of the Āpastamba school, followed by the Bodhāyaniyas. As their texts are still in use it is possible to trace the lifestyle to two thousand years in Tamiḻnāḍu. A few analyses of gōtra, and sūtrā are included here that furnishes amazing data.

We have seen that Tolkāppiyam mentions eight forms of marriages, beginning from Brāhmam, as the systems approved by the Brāhmins. Evidently, this is based on Bodhāyana's Dharma Śāstra. Āpastamba does not approve of all the eight forms. Another sūtrā of Tolkāppiyam shows that originally the Gandharva marriage was the form prevalent among the Śūdras, but when falsehood and stealthy behaviour manifested in the society, the Brāhmins introduced compulsory registration of marriages. That is an indication on how Brāhmins helped the society discipline itself through dharma.

There is an interesting custom mentioned in Saṅgam age that when a king died due to natural cause like old age or disease but not heroically in a battlefield, the learned Brāhmaṇas, who had mastered the four Vedas, and were always lovers of righteous Dharma laid the body of that king on a spread of grass, recite a mantra, and drew a bunch of darbha grass from his head to feet symbolically. The mantra they recited means “let this king go to heaven where heroic kings go when they die, in the battlefield receiving fatal wounds, leaving the weapons and their women”. It shows death rites of kings were performed by the Brāhmaṇas obviously following the gṛhya-sūtrās. This tradition is sung by poet Avvaiyār. Here, Avvaiyār says it was the ideal aim of the Vedic Brāhmins of the four Vedas. (arampuri koḷkai nāṉmaṟai mutalvar) to follow the path of Dharma.

Āpastamba is expounding the lifestyle of people as defined by great sages like Manu, who in turn codified life as defined by the Vedas. So, this style is applicable to the followers of Vedic tradition. Buddha and Kapila taught dharma, but they did not accept the authority of the Vedas and their ways are not applicable to Vedic followers. Though this is theological position, in actual life Buddhists and Jains followed the gṛhya traditions of Vedic life as seen from the Cilappatikāram and Maṇimēkhalai wherein we find they do their marriage rites with Brāhmin priests (See the chapter 4, pages 1 and 2, Vedic tradition in Cilappatikāram). The Vedic school accepts the four Varnāśrama dharma such as Brāhmaṇa, Kṣatriya, Vaiśya and Śūdra and all of them were called Āryas. The knowledge of the system is called Samayam.

The first three Varṇās should recite Gāyatrī which is called “Sāvitrit hymn” initiated with sacred thread, upanayana, after which they become eligible for studying the Vedas under an Ācārya. The Brāhmin boy should be initiated at the age of eight from the year of conception in the womb of his mother. The Kṣatriya boy at the age of 11, the Vaiśya boy at the age of 12. The Ācārya should have studied the Vedas,the six aṅgas and their meanings and be born in a family of Vedic scholar. Āpastamba says that all the three Varṇas are eligible to study the Vedas which means 80 percent of the society studied the Vedas. Brahmam means Vedam. Brahmacāri means one who learns the Vedas. One can complete the study of one's Vedas depending upon his wish to study in 9, 12, 14, 24, or 36 years. Vedic study can also be had for three years per one Veda. Āpastamba prescribes a minimum of three years for the Vedic studies; also, he prescribes that the student should not participate in betting dice, should not go to festivals or other gatherings during his studentship. He should not indulge in politics and should not see dance. These were considered distractions.


Āpastamba dharma-sūtrā has two commentaries, one by Ādi Śaṅkarācārya, the Advaita exponent and the other by Haradattācārya, named Ujjvala. Śaṅkarā's commentary is the earliest, its date being dependent on his time period. Haradatta's belonged to a later period as he cites Śaṅkara.
13.3. Āpastamba on feeding guests
Āpastamba mentions some codes to be observed when guests pay a visit which he outlines in his dharma-sūtrā. He says whenever an Atithi (guest) comes home, the house holder must receive him with respect as he would receive his Ācārya and feed him irrespective of whether he is a Brāhmaṇa, Kṣatriya, Vaiśya or Śūdra. This practice is obligatory and not optional. Thus, Brāhmins followers of Dharma were feeding visitors of all castes in ancient times and there was no prohibition for entertaining a Śūdra. After feeding, the place where they ate should be cleaned with cow dung, sprinkled with water, the vessels should be cleaned, and the stick used should be thrown outside the house. This is a prescribed Dharma for any visitor.

Similarly other Sūtrakāras like Bodhāyana also prescribed the same and directed Brāhmaṇas to welcome their guests, whatever be their caste similar to how he would feed an Ācārya. What if a greater number of guests comes? Bodhāyana says “you may feed all of them if you can afford to. There may be household members dependent on you. In this case one has to set apart food for them and then feed the guests. If you cannot afford all, at least select the old and feed. Even if there is difficulty then feed the one who came first”. It is interesting to note that in the life of Śrī Rāmānuja, the Visiṣhtādvaita exponent, a myth is told.

13.4. Tirukkachi Nambi

Rāmānuja invited the Tirukkachi Nambi of Varadarāja temple for lunch. But he himself had to go outside for work. So, he told his wife that he would be back shortly and asked her to tell Nambi that he will come shortly. As expected, Nambi came, but Rāmānuja was delayed. Nambi told Rāmānuja's wife that he had to leave urgently. So, she requested him to take food which he did and then asked her to inform Rāmānuja he had to leave urgently. After Nambi left, she was cleaning the place where Nambi ate and was sprinkling water when Rāmānuja returned. He is said to have thought that his wife was cleaning the place because Nambi was a Śūdra and so was furious. He sent his wife back to her father's house that night under a pretext and next morning he took Sanyāsa and left the house.

This episode is only a concocted story by Pravacanikas which has caused embarrassment to Researchers because this was to show that Rāmānuja entertained Śūdra in his house and took Sanyāsa on that account and showed he was a revolutionary going beyond caste barriers. This story also portrayed women in bad light especially his wife who is almost considered among the Vaiṣṇava circle a virtual villain.

We should examine what was against the prevalent faith during Rāmānuja’s time. We have two important copper plate charters; one by Rājēndra Cōḻa in whose reign Rāmānuja was born. According to the present tradition he was born in 1018. Rājēndra was crowned in the year 1012-3, almost on the same year Rājēndra issued the Puttūr copper plates mentioning that he settled 1080 Vedic Brāhmaṇas. In the new settlement named after his mother Tribhuvana Mahādevī, there were over 650 Brāhmaṇa followers of Āpastamba sūtrā and considerable other numbers were followers of Bodhāyana. The Brāhmins were followers of the dharma-sūtrās of these Sūtrakāras in their life which they will not violate. So, the Brāhmins did not think that inviting a Śūdra to lunch was prohibited because of his caste and that Rāmānuja had no revolution to do for it was already in practice there for over one thousand and five hundred years.

Rājēndra ruled up to 1044. His three sons succeeded him up to almost 1070. That is Rāmānuja's past 50 years of life. A copper plate grant of three sons of Rājēndra recently found at Indaḷūr also mentions thousands of Brāhamaṇs were in Tamiḻnāḍu and amongst them we find over 60 percent were followers of Āpastamba, Bodhāyana and others. As the dharma-sūtrās welcome the Brāhmaṇa feeding the Śūdras and when one ate prescribed the mode of cleaning the place etc. What Rāmānuja's wife did could not be considered wrong. She did follow what was considered dharma of the society. Rāmānuja was an outstanding Vedic scholar writing brilliant Śri Bhāṣya, Gitā Bhaṣya, and Vedārtha-saṅgraha and was a Vedamārgin. The story of Rāmānuja's Sanyāsa is absurd and can prove nothing about any social revolution.

The Tamiḻ kings followed the Vedic Dharma Śāstra. Ālatturkiḻār singing the Cōḻa Kiḷḷi Vaḷavaṉ, (Puṟam 34) says that the dharma has declared there is no redemption for an “ungrateful man”. The poet says in this verse that the following are unpardonable sins - cutting the udder of cows, destroying the pregnancy of a tender woman, and cruel attack on Brāhmins is indeed worst sins, but even these acts have expiations to redeem them but there is no redemption for ungratefulness". Evidently, the Saṅgam Tamiḻ society upheld the sanctity of cows, pregnant women, and Vedic Brāhmins and gratefulness. These are frequently mentioned in expiation, (Prāyascitta) canto of Dharma Śāstras.
ஆன் முலை அறுத்தஅறன் இலொர்க்கும்
மான் இழை மகளிர் கருச்சிதைத் தோர்க்கும்
பார்ப்பார் தப்பிய கொடுமை யொர்க்கும்
வழுவாய் மருங்கில் கழுவாயும் உளதே
நிலம் புடை பெயர்வதாயினும் ஒருவன்
செய்தி கொன்றோர்க்கு உய்தி இல்லென
அறம் பாடிற்றே ஆயிழை கணவ (Puram 34)
13.5. Dharma Śāstra of Bodhāyana
Bodhāyana, one of the earliest law makers, begins his Dharma Śāstra with the lifestyle of people and the authority of the texts that serve as the guiding principle. He says the foremost authority on aspects of life is the Vedas. These are called Śrutis.

The second authority is the body of text that are Smṛtis - the law books which are recalled from experience. They remained codified in the Dharma Śāstras like that of Manu, Bodhāyana, Āpastamba, and others. These form the second level authorities and are called Smārta texts.

When these two are not available, the acts of honest and learned men who had studied all the Vedas, their aṅgas as prescribed in Dharma Śāstras called the Śiṣṭhas are to be considered. Any evidence was considered valid (pramāṇās) when following the Dharma Śāstras and followed by the observances of the Śiṣṭhas.
The observances of Śiṣṭhas are defined as follows:
1. those who do not envy others
2. who are not arrogant,
3. who do not amass wealth or grains more than required for short periods,
4. bereft of greed, showmanship, condescension (kṛpanatva), infatuation,
5. bereft of anger, and
6. men of greatness are accepted as valid deeds.
They stand by surety for Vedic prescriptions and inferences from the little known Vedas. Where there are no expert Vedic scholars, who could clear doubts on dharma, then ten Siṣṭhas could assemble and decide, and such an assembly Is called Pariṣad.

The assembly of ten Pariṣad consist of those who have studied four Vedas, Mīmāṁsā Śāstras, and studied Vyākaraṇa such as the Ṣaḍaṅgas, one who has studied Dharma Śāstra, and one who is either a bachelor (Brahmacāri), householder (Grahastas), or a recluse (Sanyāsin) can be included (Vānaprastha is not eligible as he has retired to the forest). When ten Pariṣads are not available, five scholars of the above qualifications or even one with such sterling qualities can continue as a Pariṣad. Even if there are thousand people who do not follow spiritual observances, do not know the meaning of Vedic mantras, but claim that his caste of birth alone as his right, he cannot serve a Pariṣad. Those who decide about punishment or expiatory rites but do not know the basic principles of Dharma Śāstra, will invite ten times the sin. Dharma has many subtle paths. Some may drag one, subtly to unacceptable routes. So, no decision should be pronounced by a single person, however great or knowledgeable he is.

Those who pronounce expiatory punishments should take into consideration the defaulter’s health condition, age, strength, time, and the nature of punishment while pronouncing the judgement. The judiciary had a human approach as well.

Bodhāyana recognizes two sets of customs, one based on northern India, and another in southern India. He mentions that the north Indians consider some customs of southerners as unethical. These include, eating seated with women, boys not initiated with upavita sacred thread, consuming food cooked the previous day, marrying uncle’s or aunt’s daughter; etc., which are considered degraded customs of the Dakṣiṇadēśa. The South Indians consider some customs of North Indians as disgraceful. Selling leather or blankets made of animal hair, selling animals, drinking liqueur, carrying weapons and fighting with them, and sailing in ships to foreign countries on a voyage. The mention of these customs shows some interesting points followed by the Brāhmins. While the southerners opposed going to foreign countries, crossing oceans by ship, the northern Indian did not consider this a taboo. Thus, those who had gone far east like Thailand, Cambodia and other countries were perfectly within their limitations. Marrying cousins is approved by the Southerners and continues to this day.

Bodhāyana, however, says, customs of different regions must be respected. According to Bodhāyana the land falling between Gaṅgā and Yamunā was known as Āryadeśa. The other regions like Aṅga, Vaṅga, Māgada, (Bihar) Kaliṅga (Orissa), Avanti (Madhya pradesh), Saurāṣṭra, Dakṣiṇāpada, are impure regions for the people living there were of mixed blood. People going to these places must perform expiatory (purificatory) rites. Some of these concepts seem to be too remote in point of time.

A large number of deities which we may categorise as external worship of devatās are mentioned under various groups. An analysis of these groups show they form a totality of the Vedic deities and sages. In later times, these groups constituted the images in full or abbreviated forms in great temples as circles of deities called Āvaraṇas. There are many obscure images found in temples, which defy proper relevance and meaning. An understanding of this chapter will show that classical temple culture is an extension of essentially Vedic traditions listed in these Dharma Śāstras. Such groups start with what is called Vasu, Rudras and Ādityas, Ṛṣi gaṇas and Vidyā gaṇas and so on.

Bodhāyana mentions the following sages Bhāradvāja, Gautama, Atri, and Aṅgirasa who were anterior to him. Interestingly poets with these names such as, Baratādāyaṉ, Pālai Gautamaṉ, and Ātrēyaṉ were living in the Saṅgam age Tamiḻnaḍu about two thousand years ago. Bodhāyana also mentions the following sages as Sūtrakāras.
1. Kanva
2. Bodhāyana
3. Āpastamba
4. Satyāṣāda
5. Hiraṇyakeśi
6. Vājasaneyan
7. Yājñavalkya
8. Āsvalāyana
9. Saunaka
10. Vyāsa
11. Vasiṣṭa
13.6. Bodhāyana - 9th chapter
The 9th chapter on Bodhāyana's dharma-sūtrā gives the names and the order of performing daily religious rites.

In the 8th chapter he prescribes the procedure of taking bath, with specific mantras, followed by the Gāyatrī Japam. These are essentially purifying rites of the self.
The 9th chapter deals with adoration of many deities which we may categorise as external worship. A large number of devatās are mentioned under various groups.
I give below names as given in the text which will be followed by the utterance of the word “Tarpayāmi”. At the end, I shall analyse its relation to temple worship.
Bodhāyana gives a long list of devatās mentioned in different groups. The listing of these groups is highly scientific and reflective of the Vedic concepts.
The first group consists of what are known as Vasus (8), Rudras (11), Āditiyas (12), and Asvins (2). They form what are known as 18 gaṇas. They are the protectors of east, south, west, and north entrances. They are worshipped along with their nakṣatras (stars). Clearly, they constitute the celestial guardians.
The second group consists of Brahmā with his retinue known as Brahma pārṣadas and Brahma pārṣadis. The list of Brahmā’s group begins with Viśvadevās.
The third group consists of Vyāhṛti-puruṣāh like Bhūh-puruṣah, Bhuvas-puruṣah, and Suvah-puruṣāh.
The fourth group consists of the seven lokas, Saptalokas.
The fifth group consist of the Aṣṭhamūrti forms of Śiva, and this is followed by the consort of each form of Śiva as Patnis, which is followed by the sons of these Aṣṭhamūrtis here each mūrti is accompanied by his wife and a son. These are called Rudras accompanied by Rudra-pārṣadas and Rudra-pārṣadi.
The sixth that follows includes Vighnēśvaras, ten in number, accompanied by their pārṣhadas and Vighna-pārṣhadis.
The seventh group consists of Skanda accompanied by their pārṣadas and pārṣadis. They are ten in number with the list starting with Sanatkumāra.
Then the nine planets - Navagrahas. The next group is the twelve names of Viṣṇu called Dvādaśa-nāmās.
Then for the tenth group we have six Devis the next list has Vainateya, the Garuda called the Viṣṇu Pārṣada.
The next group is that of Yamarāja and his gaṇa totaling eight with his retinue.
The twelfth group called the Dhanvantari-gaṇas is a peculiar one as it includes five gods and three goddesses. Dhanvantari is the physician of Devas. It is not known whether all in the group are physicians.
Thus far, we saw divinities.
The thirteenth group has a long list of Ṛṣis who were mortals, the composers of mantras and the Vedic hymns. This list includes Ṛṣi-putras and their grandsons. After the composers of the mantras the Sūtrakāras are mentioned. At the end, Praṇavam - the sound, Vyāhṛitis, Chandas, Vedas, Itihāsa Purāṇas, all human beings and animals are mentioned. The list interestingly includes Atharvaśiras, an Upaniṣad which is probably one of the oldest to be given a special place.