CHAPTER ONE

Early Thinkers

The manner in which epistemological issues relating to dharma were raised and resolved changed with time and theological developments. I take up for examination first the two earliest authors dealing with dharma: Apastamba, the author of the earliest extant treatise on dharma, and Patanjali, whose extensive Great Commentary (mahābhāṣya) on the Sanskrit grammar of Panini is a mine of cultural information.

Patanjali draws an interesting and significant parallel between correct Sanskrit and proper dharma, a parallel pursued by authors dealt with in the second chapter. For him, there are two distinct and parallel domains of correct Sanskrit, the Vedic language (vaidika) and contemporary Sanskrit usage (laukika). The first is found in the extant Vedic texts and the second in the speech of a special group of Brahmans whom he identifies as śiṣṭa, the cultured elite. The dual domains of dharma in Apastamba parallel the two domains of Sanskrit in Patanjali. For Apastamba, dharma can be found in the Vedas (vaidika) and in the contemporary practices and customs of living communities (laukika). This dual domain of dharma will be subjected to critique and rejection in the later phases of the science of dharma, discussed in subsequent chapters.

1.1 APASTAMBA (LATE THIRD CENTURY B.C.E.)

Of the extant literature of the science of dharma, Apastamba’s Aphoristic Text on Dharma is clearly the oldest. Apastamba can be dated roughly to the late third century B.C.E.¹ He is unaware, for example, of basic ideas prominent in the literature from the second century B.C.E., such as the concept of the twice-born (dvija) and the sacred geography of the Arya land (āryāvarta). The former, absent also in Patanjali’s treatise, refers to those upper-class males who have undergone Vedic initiation, viewed as the second birth of the initiate. The word appears for the first time in Gautama’s Aphoristic Text on Dharma, while the concept of a sacred geography is probably an innovation introduced by Patanjali himself.

As noted in the introduction, in Apastamba’s text we have the first available organized presentation of the science of dharma. Its structure and the topics it covers became standard in later treatises on dharma. Even though it is likely that other texts of this genre predated Apastamba, his is the earliest discussion of the nature and epistemology of dharma within the science of dharma that we possess. The differences between his views and those of his successors, such as Gautama and Baudhayana, are significant for the early history of dharma. The liberal and broadminded views of Apastamba, such as the ability to learn dharma from women and people of lower castes, would be abandoned by later authors.

Apastamba’s Aphoristic Text on Dharma forms part of his voluminous Aphoristic Ritual Text (kalpasūtra) containing thirty books. The first twenty-four comprise the Aphoristic Text on Vedic Ritual. Books 25–26 contain the collection of ritual formulas to be used in domestic rites, and book 27 contains the Aphoristic Text on Domestic Ritual. The section on dharma occupies books 28–29, and the final book contains a treatise on principles of geometry needed for the Vedic sacrifice. Apastamba belongs to the Taittirīya branch of the Black Yajur Veda. Opinion is divided as to whether the entire Aphoristic Ritual Text was composed by a single individual (Kane I: 54). It appears, however, that at least the sections on the domestic ritual and dharma were composed by the same author. The Aphoristic Ritual Text of Apastamba has been preserved better than most.

Of the several ancient commentaries on his Aphoristic Text on Dharma, only one survives, that of Haradatta. Haradatta was probably a South Indian, and Kane dates him to 1100–1300 C.E. Haradatta is an excellent commentator and a close reader of the text. He records numerous variants that he found in the sources, possibly both oral and manuscript, that he used and comments on difficult or unusual readings he encountered (see Olivelle 1999).

1

Now, then, we shall explain the dharmas derived from agreed-upon normative practice. The authority is the agreement of those who know dharma; and the Vedas. (1.1.1–3)

2

Let him not become vexed or easily deceived by the pronouncements of hypocrites, crooks, infidels, and fools. Dharma and adharma do not go around saying, “Here we are!” Nor do gods and Gandharvas, or the ancestors, declare: “This is dharma. This is adharma.” An activity that Aryas praise when it is being carried out is dharma, and what they deplore is adharma. He should model his conduct after that which is unanimously approved in all regions by Aryas who have been properly trained, and who are elderly, self-possessed, not greedy, and not deceitful. In this way he wins both worlds. (1.20.5–9)

3

The knowledge found among women and Shudras forms the consummation. They teach that it is a residual portion of the Atharva Veda.

It is difficult to gain mastery of dharma by means of scriptures handed down, but by acting according to the markers, one can master it. The marker in this case is as follows. He should model his conduct after that which is unanimously approved in all regions by Aryas who have been properly trained, and who are elderly, self-possessed, not greedy, and not deceitful. In this way he wins both worlds.²

According to some, one should learn the remaining dharmas from women and people of all social classes. (2.29.11–15)

4

With respect to matters other than these, one should act according to the pronouncement of legal assemblies.³ (1.11.38)

5

Injunctions are given in the brāhmaṇas. Of these, the lost readings are inferred from usage. When, however, something is undertaken because of the pleasure derived from it, then there is no inference of a scriptural text. A man who follows such a practice prepares himself for hell. (1.12.10–12)

6

The teacher, moreover, should not give a student leftover food that is forbidden to him by Vedic texts, such as spices, salt, honey, and meat. This explains also the other restrictions, for a Vedic text is stronger than a practice from which an inference is made. We notice, moreover, a motive for performing it, for one derives pleasure from it. (1.4.5–10)

7

It is the firm conclusion of the most eminent scholars of the triple Veda, however, that the Vedas are the authority. They consider that the rites prescribed therein using rice, barley, animals, ghee, milk, and potsherds, involving the participation of the wife, and accompanied by the loud and soft recitations of mantras, must be performed, and that any practice opposed to those rites is devoid of authority. (2.23.10)

8

Transgression of dharma is seen, as also violence, among men of ancient times. They incurred no sin on account of their extraordinary power. A man of later times who, observing that, does the same, perishes.⁴

Giving away and the dharma of selling one’s offspring are not recognized. At a marriage, a voluntary gift to the bride’s father for the sake of dharma is mentioned in the Veda: “Therefore, one hundred cows together with a chariot should be given to the bride’s father. The latter should repudiate that gift.” The term “sale” used in this connection is only a figure of speech, for their union is brought about through dharma.⁵ (2.13.7–11)

According to some, the eldest son is the sole heir. In a particular region, gold, black cattle, and black produce of the earth⁶ belong to the eldest son. The chariot and the household furniture belong to the father, while the jewelry and the money given by her relatives belong to the wife, maintain others. That is forbidden by the scriptures, for the Veda states without making any special allowance, “Manu divided his estate among his sons.” (TS 3.1.9.4)

However, we also find in the Veda the statement that posits a single heir: “Therefore, they invest the eldest son with wealth.” (TS 2.5.2.7)

Experts in exegesis, however, say that such statements are not injunctions but only reiterate common facts, as for example: “Therefore, among domestic animals, goats and sheep range together”; “Therefore, the face of a bath graduate appears to sparkle”; and “Therefore, a male goat and a Vedic scholar display the greatest desire for a mate.”⁷ Indeed, all sons who live righteously are entitled to inherit. He should, however, disinherit a son who uses the wealth in adharmic ways, even if he is the eldest. (2.14.6–15)

That⁸ explains dharmas of regions and families. (2.15.1)

9

“A man should not introduce to outsiders the woman who occupies his lineage, for a wife is given to the family”—so they admonish.⁹ That is now forbidden because of the weakness of the senses, for with respect to the husband, all are equally outsiders. When this is violated, both husband and wife will undoubtedly end up in hell, for the happiness resulting from following this restriction is far greater than that resulting from offspring obtained in this manner. (2.27.2–7)

10

Let him not follow the dharmas for the sake of worldly benefits, for then they produce no fruit at harvest time. It is like this. A man plants a mango tree to get fruit, but in addition he obtains also shade and fragrance. In like manner, when a man follows dharma, he obtains, in addition, other benefits. Even if he does not obtain them, at least no harm is done to dharma. (1.20.1–4)

People of all classes enjoy supreme and boundless happiness when they follow the dharma specific to them. Then, upon a man’s return to earth, by virtue of the residue of his merits, he obtains a high birth, a beautiful body, a fine complexion, strength, intelligence, wisdom, wealth, and an inclination to follow dharma. So, going around like a wheel, he remains happy in both worlds. This is similar to the way the seeds of plants and trees, when they are sown on a well-plowed field, increase their fruit. (2.2.2–4)

By following the dharma a person of a lower class advances in the subsequent birth to the next higher class, whereas by following adharma a person of a higher class descends in the subsequent birth to the next lower class. (2.11.10–11)

1.2 PATANJALI (MID-SECOND CENTURY B.C.E.)¹⁰

Patanjali is known for his Great Commentary (mahābhāṣya) on his predecessor Katyayana’s gloss on the Sanskrit grammar of Panini. These three early grammarians are viewed by the later tradition as the “three sages” (munitraya), the most authoritative authors in the grammatical tradition. Precisely because he is a grammarian and not a writer on dharma, Patanjali’s statements, often obiter dicta given as examples to illustrate grammatical rules, offer precious insight into the scholarly thinking of his time with respect to dharma and the nature of the enterprise of the science of dharma. That he knew the literature of the science of dharma is clear; it is indicated by his reference to the authors of aphoristic texts on dharma (dharmasūtrakāra) and to the treatises on dharma as such.¹¹

As already noted in the introduction, there is a close parallel between the epistemology of Sanskrit (How do we come to know correct Sanskrit?) and the epistemology of dharma (How do we come to know the right dharma?). Some of the strategies that Patanjali uses, such as the sacred geography called “Arya land” and the authority of a special group of people called “cultured elites” (śiṣṭa), would be incorporated by later writers on dharma. As Deshpande (2009) has shown, for Patanjali “cultured elites” were contemporary human beings who learned and spoke correct Sanskrit without having to depend on grammatical texts such as that of Panini. In fact, grammars merely describe this living Sanskrit among the cultured elite. Seven centuries or so later, the grammarian Bhartrhari views “cultured elites” as people from an idealized bygone era, and for him the greatest “cultured elite” is Patanjali himself. The grammatical texts alone have authority with regard to correct Sanskrit; there is no contemporary community of correct Sanskrit speakers. Bhartrhari also calls the treatises of Panini and Patanjali “texts of recollection” (smṛti), the same term used within the science of dharma to characterize ancient treatises on dharma. However, even though Sanskrit grammar departed from using living communities of speakers as models of and for correct Sanskrit, the science of dharma continued to posit such living communities, whose customs under the category of “correct practice” (ācāra) continued to be recognized epistemic sources of dharma. Yet we can see a clear shift in emphasis from community practices to treatises on dharma even within the science of dharma itself.

1

One should not kill a Brahman.

One should not drink liquor.¹² (6.1.84 [III: 57]; 1.2.64 [I: 242–43])

A village fowl is not to be eaten; a village pig is not to be eaten. (1.1.1 [I: 5, 8])

The five five-nailed animals may be eaten.¹³ (1.1.1 [I: 5])

A Brahman should set up the fires in the spring.

A Brahman should undergo Vedic initiation in the eighth year from conception.

He should sip three times with water reaching up to his heart. (6.1.84 [III: 57])

A young Brahman should stand up to greet.

For when an older person comes near, the life breaths of a younger person rise up, and as he rises up and greets him, he retrieves them.¹⁴ (6.1.84 [III: 57–58])

2

And by whom are they taught?¹⁵

By the cultured elite.

And who are the cultured elite?

The grammarians.

How is that?

Correct linguistic usage presupposes the science of grammar,¹⁶ and grammarians are the ones who know the science of grammar.

If, then, correct linguistic usage presupposes the science of grammar, and the science of grammar presupposes correct linguistic usage, it becomes a circular argument. And circular arguments are invalid.

All right, then, they are defined by their dwelling place and normative practice. And this normative practice is found only in the Arya land.

And what is the Arya land?

It is to the east of Adarsa, west of Kalaka forest, south of the Himalayas, and north of Pariyatra.¹⁷ Brahmans within this dwelling place of the Aryas—Brahmans who possess grain sufficient to fill a jar, who are without greed, who act without tangible motives, and who within a short period completely master some branch of learning— those venerable ones are the cultured elite. (6.3.109 [III: 174])

3

Given that in the use of words the meaning communicated is based on the worldly linguistic usage, a restriction pertaining to dharma is made by the authoritative treatise, as found in worldly and Vedic precepts. (Katyayana’s gloss)

Now, in the world it is said: “A village fowl is not to be eaten; a village pig is not to be eaten.” And surely a man takes something that is to be eaten in order to allay his hunger. And he is able to allay his hunger even with such things as dog meat. With reference to this, the restriction is made: “This is to be eaten, and this is not to be eaten.”

Likewise, one resorts to women because of sexual urge. The sexual urge is equally assuaged both with a woman with whom sexual relations are permitted and with a woman with whom sexual relations are forbidden. With reference to this, the restriction is made: “This is a woman with whom sexual relations are permitted, and this is a woman with whom sexual relations are forbidden.”…

Likewise, here also, while the meaning can be communicated equally well with both a proper word and an improper word, a restriction pertaining to dharma is made: “The meaning should be communicated only with a proper word and not with an improper word.”

When it is done in this manner, it promotes felicity. (1.1.1 [I: 8])