DOI Page / Citation link:
https://doi.org/10.11588/diglit.49827#0046
PRINCIPAL SMRITIS. 31
The Smriti, although the principal, was not the only, Lecture
source of law in the eyes of the Indian Jurists. Whenever IL
they were able to adduce a Vedic text in support of a Thc_^cr
proposition, they were sure to do so, and it was an estab- sources of
Jished principle with them that a Smriti text even is over-law-
ruled, in case it is opposed to a text from the Veda. The
practice of eminently virtuous men (Cishtas) was consi-
dered as a third, ap>d local usage as a fourth source’ of the
law. The Puranas were also frequently viewed in the
same light. All these sources of the law are already men-
tioned in the earliest Smritis themselves, which shows
that the composition of law-books must have begun at a
very early period, long before the oldest specimensmow
extant of this class of works were written. Before treat-
ing the history of the Smritis in detail, it will be neces-
sary to enter into a brief discussion of the relative import-
ance of the divers materials on which both the Digests and
the Smritis themselves profess to be founded.
The Puranas from the first were hardly recognised as Puranas.
equal in importance to the other sources of the law,1 and
they have never attained the same authority as the Smritis
as regards Civil Law, but they are quoted a great deal on
questions regarding religious ceremonies, pious donations
and other religious subjects, including adoption. The bulk
of the now existing Puranas is not allowed a considerable
antiquity by contemporary Sanskrit scholars. The fact that
the first and third books of the Yajnavalkya-smriti should
have been incorporated in the Garuda-Purana, and the second
book in the Agni-Purana,2 is characteristic of the general-
posteriority of the Puranas as they now stand to the
Smritis. The Veda, in the theory of the Brahmanical Veda.
Schools, is the fountain-head of the sacred law. It has
existed from eternity, and is also called Brahman, because
it is a direct emanation from Brahman, the universal
soul. It will be seen presently, however, that the influ-
ence of the Vedas, practically speaking, on the growth
of Indian Law has been very slight, because these religious
works contain very little indeed about worldly matters.
Those traditional sources of the law which remain, Customary
Law.
1 The Puranas are, however, mentioned by Gautama (XI. 19) as the last
class of authoritative works, and are repeatedly referred to by Apastamba.
See Buhler, Incrod. to Apast. xxvii secj.
■ 2 See Professor Stenzler’s Preface to his Yajnavalkya : V. N Mandlik,
pp. Ivii—lix.
The Smriti, although the principal, was not the only, Lecture
source of law in the eyes of the Indian Jurists. Whenever IL
they were able to adduce a Vedic text in support of a Thc_^cr
proposition, they were sure to do so, and it was an estab- sources of
Jished principle with them that a Smriti text even is over-law-
ruled, in case it is opposed to a text from the Veda. The
practice of eminently virtuous men (Cishtas) was consi-
dered as a third, ap>d local usage as a fourth source’ of the
law. The Puranas were also frequently viewed in the
same light. All these sources of the law are already men-
tioned in the earliest Smritis themselves, which shows
that the composition of law-books must have begun at a
very early period, long before the oldest specimensmow
extant of this class of works were written. Before treat-
ing the history of the Smritis in detail, it will be neces-
sary to enter into a brief discussion of the relative import-
ance of the divers materials on which both the Digests and
the Smritis themselves profess to be founded.
The Puranas from the first were hardly recognised as Puranas.
equal in importance to the other sources of the law,1 and
they have never attained the same authority as the Smritis
as regards Civil Law, but they are quoted a great deal on
questions regarding religious ceremonies, pious donations
and other religious subjects, including adoption. The bulk
of the now existing Puranas is not allowed a considerable
antiquity by contemporary Sanskrit scholars. The fact that
the first and third books of the Yajnavalkya-smriti should
have been incorporated in the Garuda-Purana, and the second
book in the Agni-Purana,2 is characteristic of the general-
posteriority of the Puranas as they now stand to the
Smritis. The Veda, in the theory of the Brahmanical Veda.
Schools, is the fountain-head of the sacred law. It has
existed from eternity, and is also called Brahman, because
it is a direct emanation from Brahman, the universal
soul. It will be seen presently, however, that the influ-
ence of the Vedas, practically speaking, on the growth
of Indian Law has been very slight, because these religious
works contain very little indeed about worldly matters.
Those traditional sources of the law which remain, Customary
Law.
1 The Puranas are, however, mentioned by Gautama (XI. 19) as the last
class of authoritative works, and are repeatedly referred to by Apastamba.
See Buhler, Incrod. to Apast. xxvii secj.
■ 2 See Professor Stenzler’s Preface to his Yajnavalkya : V. N Mandlik,
pp. Ivii—lix.