Dear ALL,
Good Evening and a MUST READ BY....ALL HINDUS.....AND THE LAST PART............Responsibilities of an ideal father! More Important.....Take time.....Take Break......But READ FULLY.....
Dharmasastra.......................MORAL PRINIPLES OF HINDU LAW.
Definition - What does Dharmasastra mean?
Dharmasastra.......................MORAL PRINIPLES OF HINDU LAW.
Definition - What does Dharmasastra mean?
The Dharmasastra is a collection of ancient Sanskrit texts which give the codes of conduct and moral principles (dharma) for Hindus. The concept of dharma is important in both Hinduism and yoga, which also share roots with Hinduism.
There are estimated to be between 18 and 100 texts among the collection of Dharmasastra. It is believed that these originated in the Dharmasutra texts, which emerged during the Vedic era. The Dharmasastra offers commentaries on responsibilities, duties and ethics for an individual’s behavior toward oneself, one's family and one's community. As well as forming the roots of many modern Hindu practices, these texts are enlightening historical documents which give considerable information about ancient Indian society.
Read..... explains of Dharmasastra.......
The Dharmasastra texts were written in poetic verses. Unlike the Vedas, they are not considered to be the direct outcome of revelations from the Divine and, as such, are not regarded as perfect. They are smriti......&..... not shruti.
Some scholars advise that there are many aspects of the Dharmasastra texts that seem incongruous and undesirable in a modern egalitarian society; for instance, details about maintaining the caste system. They attempt to provide a framework for human conduct and an outline for how to live a moral life.
The main texts that comprise the Dharmasastra include the following:
The "Manusmriti" (from about the 2nd to 3rd century C.E.) is the text most often studied from the Dharmasastra by Hindus. It has particular influence on medieval Buddhism and Hinduism in Cambodia and Indonesia.
The "Yajnavalkya Smriti" (from about the 4th to 5th century C.E.) is considered the best crafted text of the Dharmasastra tradition.
The "Naradasmriti" (from about the 5th to 6th century C.E.) is a juridical text as opposed to a text about righteous conduct.
The "Visnusmriti" (from about the 7th century C.E.) details the bhakti tradition rather than dharma directly.
Dharmaśāstra is a genre of Sanskrit texts, and refers to the treatises (shastras) of Hinduism on dharma. There are many Dharmashastras, variously estimated to be 18 to about 100, with different and conflicting points of view. Each of these texts exist in many different versions, and each is rooted in Dharmasutras texts dated to 1st millennium BCE that emerged from Kalpa (Vedanga) studies in the Vedic era.
The textual corpus of Dharmaśāstra were composed in poetic verses, are part of the Hindu Smritis, constituting divergent commentaries and treatises on duties, responsibilities and ethics to oneself, to family and as a member of society. The texts include discussion of ashrama (stages of life), varna (social classes), purushartha (proper goals of life), personal virtues and duties such as ahimsa (non-violence) against all living beings, rules of just war, and other topics.
Dharmaśāstra became influential in modern colonial India history, when they were formulated by early British colonial administrators to be the law of the land for all non-Muslims (Hindus, Jains, Buddhists, Sikhs) in India, after Sharia was already accepted as the law for Muslims in colonial India.
History.....
Copy of a royal land grant, recorded on copper plate, made by Chalukya King Tribhuvana Malla Deva in 1083.
The Dharmashastras are based on ancient Dharmasūtras texts, which themselves emerged from the literary tradition of the Vedas (Rig, Yajur, Sāma, and Atharva) composed in 2nd millennium BCE to the early centuries of the 1st millennium BCE. These Vedic branches split into various other schools (shakhas) possibly for a variety of reasons such as geography, specialization and disputes.Each Veda is further divided into two categories namely the Saṃhitā which is a collection of mantra verses and the Brahmanas which are prose texts that explain the meaning of the Samhita verses. The Brāhmaṇa layer expanded and some of the newer esoteric speculative layers of text were called Aranyakas while the mystical and philosophical sections came to be called the Upanishads. The Vedic basis of Dharma literature is found in the Brahmana layer of the Vedas.
Towards the end of the vedic period, after the middle of the 1st millennium BCE, the language of the Vedic texts composed centuries earlier grew too archaic to the people of that time. This led to the formation of Vedic Supplements called the Vedangas which literally means ‘limbs of the Veda The Vedangas were ancillary sciences that focused on understanding and interpreting the Vedas composed many centuries earlier, and included Shiksha (phonetics, syllable), Chandas (poetic metre), Vyakarana (grammar, linguistics), Nirukta (etymology, glossary), Jyotisha (timekeeping, astronomy), and Kalpa (ritual or proper procedures). The Kalpa Vedanga studies gave rise to the Dharma-sutras, which later expanded into Dharma-shastras.
The Dharmasutras......
The Dharmasutras were numerous, but only four texts have survived into the modern era. The most important of these texts are the sutras of Apastamba, Gautama, Baudhayana, and Vasistha. These extant texts cite writers and refer opinions of seventeen authorities, implying that a rich Dharmasutras tradition existed prior to when these texts were composed.
The extant Dharmasutras are written in concise sutra format, with a very terse incomplete sentence structure which are difficult to understand and leave much to the reader to interpret.The Dharmasastras are derivative works on the Dharmasutras, using a shloka (four 8-syllable verse style chandas poetry, Anushtubh meter), which are relatively clearer.
The Dharmasutras can be called the guidebooks of dharma as they contain guidelines for individual and social behavior, ethical norms, as well as personal, civil and criminal law. They discuss the duties and rights of people at different stages of life like studenthood, householdership, retirement and renunciation. These stages are also called ashramas. They also discuss the rites and duties of kings, judicial matters, and personal law such as matters relating to marriage and inheritance. However, Dharmasutras typically did not deal with rituals and ceremonies, a topic that was covered in the Shrautasutras and Grihyasutras texts of the Kalpa (Vedanga).
Style of Composition......
The hymns of Ṛgveda are one of the earliest texts composed in verse. The Brāhmaṇa which belongs to the middle vedic period followed by the vedāṇga are composed in prose. The basic texts are composed in an aphoristic style known as the sutra which literally means thread on which each aphorism is strung like a pearl.
The Dharmasūtras are composed in sutra style and were part of a larger compilation of texts, called the Kalpasūtras which give an aphoristic description of the rituals, ceremonies and proper procedures. The Kalpasutras contain three sections, namely the Śrautasūtras which deal with vedic ceremonies, Gṛhyasūtras which deal with rites of passage rituals and domestic matters, and Dharmasūtras which deal with proper procedures in one's life.The Dharmasūtras of Āpastamba and Baudhāyana form a part of larger Kalpasutra texts, all of which has survived into the modern era.
The sūtra tradition ended around the beginning of the common era and was followed by the poetic octosyllable verse style called the śloka. The verse style was used to compose the Dharmaśāstras such as the Manusmriti, the Hindu epics, and the Puranas.
The age of Smṛtis that ended around the second half of the first millennium CE was followed by that of commentaries around the 9th century called nibandha. This legal tradition consisted of commentaries on earlier Dharmasūtras and Smritis.
Authorship and Dates............
About 20 Dharmasutras are known, some surviving into the modern era just as fragments of their original. Four Dharmasūtras have been translated into English, and most remain in manuscripts All carry the names of their authors, but it is still difficult to determine who these real authors were.
The extant Dharmasūtra texts are listed below:
1. Apastamba (450–350 BCE) this Dharmasūtra forms a part of the larger Kalpasūtra of Apastamba. It contains 1,364 sutras.
2. Gautama (600–200 BCE) although this Dharmasūtra comes down as an independent treatise it may have once formed a part of the Kalpasūtra, linked to the Samaveda.It is likely the oldest extant Dharma text, and originated in what is modern.Maharashtra-Gujarat. It contains 973 sutras.
3. Baudhāyana (500–200 BCE) this Dharmasūtra like that of Apastamba also forms a part of the larger Kalpasūtra. It contains 1,236 sutras.
4. Vāsiṣṭha (300–100 BCE) this Dharmasūtra forms an independent treatise and other parts of the Kalpasūtra, that is Shrauta- and Grihya-sutras are missing. It contains 1,038 sutras.
The Dharmasūtra of Āpastamba and Baudhayana form a part of the Kalpasūtra but it is not easy to establish whether they were historical authors of these texts or whether these texts were composed within certain institutions attributed to their names.
Moreover, Gautama and Vasiṣṭha are ancient sages related to specific vedic schools and therefore it is hard to say whether they were historical authors of these texts.The issue of authorship is further complicated by the fact that apart from Āpastamba the other Dharmasūtras have various alterations made at later times.
Moreover, Gautama and Vasiṣṭha are ancient sages related to specific vedic schools and therefore it is hard to say whether they were historical authors of these texts.The issue of authorship is further complicated by the fact that apart from Āpastamba the other Dharmasūtras have various alterations made at later times.
Excellence...........
Practise righteousness (dharma), not unrighteousness.
Speak the truth, not an untruth.
Look at what is distant, not what is near at hand.
Look at the highest, not at what is less than highest.
Vasishtha Dharmasutra 30.1.....
There is uncertainty regarding the dates of these documents due to lack of evidence concerning these documents. Kane has posited the following dates for the texts, for example, though other scholars disagree:.......
Gautama 600 BCE to 400 BCE.
Āpastamba 450 BCE to 350 BCE,
Baudhāyana 500 BCE to 200 BCE....... and.....
Vasiṣṭha 300 BCE to 100 BCE.
Patrick Olivelle suggests that Apastamba Dharmasutra is the oldest of the extant texts in Dharmasutra genre and one by Gautama second oldest, while Robert Lingat suggests that Gautama Dharmasutra is the oldest.
There is confusion regarding the geographical provenance of these documents. According to Bühler and Kane, Āpastamba came from South India probably from a region corresponding to modern Andhra Pradesh. Baudhāyana also came from south although evidence regarding this is weaker than that of Āpastamba. Gautama likely came from western region, nearer to the northwestern region to which Pāṇini belonged, and one which corresponds to where Maratha people in modern India are found. Nothing can be said about Vasiṣṭha due to lack of any evidence.
Scholars have varied opinions about the chronology of these documents. Regarding the age of Āpastamba and Gautama there are opposite conclusions. According to Bühler and Lingat Āpastamba is younger than Baudhāyana. Vasiṣṭha is surely a later text.
Literary structure.......
The structure of these Dharmasūtras primarily addresses the Brahmins both in subject matter and the audience. The Brahmins are the creators and primary consumers of these texts. The subject matter of Dharmasūtras is dharma. The central focus of these texts is how a Brahmin male should conduct himself during his lifetime. The text of Āpastamba which is best preserved has a total of 1,364 sūtras out of which 1,206 (88 per cent) are devoted to the Brahmin, whereas only 158 (12 per cent) deals with topics of general nature. The structure of the Dharmasūtras begin with the vedic initiation of a young boy followed by entry into adulthood, marriage and responsibilities of adult life that includes adoption, inheritance, death rituals and ancestral offerings. According to Olivelle, the reason Dharmasutras introduced vedic initiation was to make the individual subject to Dharma precepts at school, by making him a ‘twice born’ man, because children were considered exempt from Dharma precepts in the vedic tradition.
The structure of Dharmasūtra of Āpastamba begins with the duties of the student, then describes householder duties and rights such as inheritance, and ends with administration of the king. This forms the early structure of the Dharma texts. However, in the Dharmasūtras of Gautama, Baudhāyana and Vasiṣṭha some sections such as inheritance and penance are reorganized, and moved from householder section to king-related section.Ollivelle suggests that these changes may be because of chronological reasons where civil law increasingly became part of the king's administrative responsibilities.
The meaning of Dharma.......
Dharma is a concept which is central not only in Hinduism (Brahmanical traditions) but also in Jainism and Buddhism The term means a lot of things and has a wide scope of interpretation. The fundamental meaning of Dharma in Dharmasūtras, states Olivelle is diverse, and includes accepted norms of behavior, procedures within a ritual, moral actions, righteousness and ethical attitudes, civil and criminal law, legal procedures and penance or punishment, and guidelines for proper and productive living.
The term Dharma also includes social institutions such as marriage, inheritance, adoption, work contracts, judicial process in case of disputes, as well personal choices such as meat as food and sexual conduct.
The source of Dharma: scriptures or empiricism.......
The source of dharma was a question that loomed in the minds of Dharma text writers, and they tried to seek "where guidelines for Dharma can be found.They sought to define and examine vedic injunctions as the source of Dharma, asserting that like the Vedas, Dharma is not of human origin. This worked for rituals-related rules, but in all other matters this created numerous interpretations and different derivations This led to documents with various working definitions, such as dharma of different regions (deshadharma), of social groups (jatidharma), of different families (kuladharma).The authors of Dharmasutras and Dharmashastra admit that these dharmas are not found in the Vedic texts, nor can the behavioral rules included therein be found in any of the Vedas. This led to the incongruity between the search for legal codes and dharma rules in the theological versus the reality of epistemic origins of dharma rules and guidelines.
The Hindu scholar Āpastamba, in a Dharmasutra named after him (400 BCE), made an attempt to resolve this issue of incongruity. He placed the importance of the Veda scriptures second and that of samayacarika or mutually agreed and accepted customs of practice first. Āpastamba thus proposed that scriptures alone cannot be source of Law (dharma), and dharma has an empirical nature.Āpastamba asserted that it is difficult to find absolute sources of law, in ancient books or current people, states Patrick Olivelle with, "The Righteous (dharma) and the Unrighteous (adharma) do not go around saying, 'here we are!'; Nor do Gods, Gandharvas or ancestors declare, 'This is righteous and that is unrighteous'. Most laws are based on agreement between the Aryas, stated Āpastamba, on what is right and what is wrong.Laws must also change with ages, stated Āpastamba, a theory that became known as Yuga dharma in Hindu traditions Āpastamba also asserted in verses 2.29.11–15, states Olivelle, that "aspects of dharma not taught in Dharmasastras can be learned from women and people of all classes".
Āpastamba used a hermeneutic strategy that asserted that the Vedas once contained all knowledge including that of ideal Dharma, but parts of Vedas have been lost. Human customs developed from the original complete Vedas, but given the lost text, one must use customs between good people as a source to infer what the original Vedas might have stated the Dharma to be. This theory, called the ‘lost Veda’ theory, made the study of customs of good people as a source of dharma and guide to proper living, states Olivelle
Testimony during a trial.......
The witness must take an oath before deposing.Single witness normally does not suffice.As many as three witnesses are required.False evidence must face sanctions.
Gautama Dharmasutras 13.2–13.6......
The sources of dharma according to Gautama Dharmasutra are three: the Vedas, the Smriti (tradition), acāra (the practice) of those who know the Veda. These three sources are also found in later Dharmashastra literature Baudhāyana Dharmasutra lists the same three, but calls the third as śiṣṭa...... literally polite cultured people) or the practice of cultured people as the third source of dharma. Both Baudhāyana Dharmasutra and Vāsiṣṭha Dharmasutra make the practices of śiṣṭa as a source of dharma, but both state that the geographical location of such polite cultured people does not limit the usefulness of universal precepts contained in their practices. In case of conflict between different sources of dharma, Gautama Dharmasutra states that the Vedas prevail over other sources, and if two Vedic texts are in conflict then the individual has a choice to follow either.
The nature of Dharmasūtras is normative, they tell what people ought to do, but they do not tell what people actually did. Some scholars state that these sources are unreliable and worthless for historical purposes instead to use archaeology, epigraphy and other historical evidence to establish the actual legal codes in Indian history. Olivelle states that the dismissal of normative texts is unwise, as is believing that the Dharmasutras and Dharmashastras texts present a uniform code of conduct and there were no divergent or dissenting views.
The Dharmaśāstras.............
Written after the Dharmasūtras, these texts use a metered verse and are much more elaborate in their scope than Dharmasutras. The word Dharmaśāstras never appears in the Vedic texts, and the word śāstra itself appears for the first time in Yaska's Nirukta text.Katyayana's commentary on Panini's work (3rd century BCE), has the oldest known single mention of the word Dharmaśāstras.
The extant Dharmaśāstras texts are listed below:....
The Manusmriti ( 2nd to 3rd century CE):-
Is the most studied and earliest metrical work of the Dharmaśāstra textual tradition of Hinduism.The medieval era Buddhistic law of Myanmar and Thailand are also ascribed to Manu and the text influenced past Hindu kingdoms in Cambodia and Indonesia.
The Yājñavalkya Smṛti ( 4th to 5th-century CE):-
Has been called the "best composed" and "most homogeneous" text of the Dharmaśāstra tradition, with its superior vocabulary and level of sophistication. It may have been more influential than Manusmriti as a legal theory text.
The Nāradasmṛti (~ 5th to 6th-century CE):-
Has been called the "juridical text par excellence" and represents the only Dharmaśāstra text which deals solely with juridical matters and ignoring those of righteous conduct and penance.
The Viṣṇusmṛti (7th-century CE):-
Is one of the latest books of the Dharmaśāstra tradition in Hinduism and also the only one which does not deal directly with the means of knowing dharma, focusing instead on the bhakti tradition.
In addition, numerous other Dharmaśāstras are known, partially or indirectly, with very different ideas, customs and conflicting versions.For example, the manuscripts of Bṛhaspatismṛti and the Kātyāyanasmṛti have not been found, but their verses have been cited in other texts, and scholars have made an effort to extract these cited verses, thus creating a modern reconstruction of these texts. Scholars such as Jolly and Aiyangar have gathered some 2,400 verses of the lost Bṛhaspatismṛti text in this manner. Brihaspati-smriti was likely a larger and more comprehensive text than Manusmriti, yet both Brihaspati-smriti and Katyayana-smriti seem to have been predominantly devoted to judicial process and jurisprudence. The writers of Dharmasastras acknowledged their mutual differences, and developed a "doctrine of consensus" reflecting regional customs and preferences.
Of the four extant Dharmasastras, Manusmriti, Yajnavalkyasmriti and Naradasmriti are the most important surviving texts. But, states Robert Lingat, numerous other Dharmasastras whose manuscripts are now missing, have enjoyed equal authority. Between the three, the Manusmriti became famous during the colonial British India era, yet modern scholarship states that other Dharmasastras such as the Yajnavalkyasmriti appear to have played a greater role in guiding the actual Dharma. Further, the Dharmasastras were open texts, and they underwent alterations and rewriting through their history.
Contents of Dharmasutras and Dharmaśāstra:-
A facsimile of an inscription in Oriya script on a copper plate recording a land grant made by Rāja Purushottam Deb, king of Odisha, in the fifth year of his reign (1483). Land grants made by royal decree were protected by law, with deeds often being recorded on metal plates.
All Dharma, in Hindu traditions, has its foundation in the Vedas.The Dharmashastra texts enumerate four sources of Dharma – the precepts in the Vedas, the tradition, the virtuous conduct of those who know the Vedas, and approval of one's conscience (Atmanastushti, self satisfaction)
The Dharmashastra texts include conflicting claims on the sources of dharma. The theological claim therein asserts, without any elaboration, that Dharma just like the Vedas are eternal and timeless, the former is directly or indirectly related to the Vedas. Yet these texts also acknowledge the role of Smriti, customs of polite learned people, and one's conscience as source of dharma.The historical reality, states Patrick Olivelle, is very different than the theological reference to the Vedas, and the dharma taught in the Dharmaśāstra has little to do with the Vedas. These were customs, norms or pronouncements of the writers of these texts that were likely derived from evolving regional ethical, ideological, cultural and legal practices.
The Dharmasutra and Dharmaśāstra texts, as they have survived into the modern era, were not authored by a single author. They were viewed by the ancient and medieval era commentators, states Olivelle, to be the works of many authors. Robert Lingat adds that these texts suggest that "a rich literature on dharma already existed" before these were first composed. These texts were revised and interpolated through their history because the various text manuscripts discovered in India are inconsistent with each other, and within themselves, raising concerns of their authenticity.
The Dharmaśāstra texts present their ideas under various categories such as Acara, Vyavahara, Prayascitta and others, but they do so inconsistently.Some discuss Acara but do not discuss Vyavahara, as is the case with Parasara-Smriti for instance, while some solely discuss Vyavahara.
Main article: Ācāra.....
Ācāra literally means "good behavior, custom"It refers to the normative behavior and practices of a community, conventions and behaviors that enable a society and various individuals therein to function.
Main article: Vyavahāra.....
Vyavahāra literally means "judicial procedure, process, practice, conduct".The due process, honesty in testimony, considering various sides, was justified by Dharmashastra authors as a form of Vedic sacrifice, failure of the due process was declared to be a sin.
The Vyavahara sections of Dharma texts included chapters on duties of a king, court system, judges and witnesses, judicial process, crimes and penance or punishment. However, the discussions and procedures in different Dharmasutra and Dharmashastra texts diverge significantly.
Some Dharmaśāstra texts such as that attributed to Brihaspati, are almost entirely Vyavahāra-related texts. These were probably composed in the common era, around or after 5th-century of 1st millennium.
Main article: Prāyaścitta......
Prāyaścitta literally means "atonement, expiation, penance".Prāyaścittas are asserted by the Dharmasutra and Dharmashastra texts as an alternative to incarceration and punishment,and a means of expiating bad conduct or sin such as adultery by a married person subject to penance, while rape is covered by harsher judicial punishments, with a few texts such as Manusmriti suggesting public punishments in extreme cases.
Those texts that discuss Prāyaścitta, states Robert Lingat, debate the intent and thought behind the improper act, and consider penance appropriate when the "effect" had to be balanced, but "cause" was unclear.The roots of this theory are found in the Brahmana layer of text in the Samaveda.
Secondary works......
The Dharmasutras and Dharmasastras attracted secondary works called commentaries (Bhashya) would typically interpret and explain the text of interest, accept or reject the ideas along with reasons why.
Another category of secondary literature derived from the Dharmasutras and Dharmasastras were the digests (nibandhas, sometimes spelled nibhandas). These arose primarily because of the conflict and disagreements on a particular subject across the various Dharma texts These digests attempted to reconcile, bridge or suggest a compromise guideline to the numerous disagreements in the primary texts, however the digests in themselves disagreed with each other even on basic principles.
Geographically, the medieval era digest writers came from many different parts of India, such as Assam, Bengal, Bihar, Gujarat, Kashmir, Karnataka, Maharashtra, Odisha, Tamil Nadu, and Uttar Pradesh.The oldest surviving digest on Dharma texts is Krityakalpataru, from early 12th-century, by Lakshmidhara of Kannauj in north India, belonging to the Varanasi school.The digests were generally arranged by topic, referred to many different Dharmasastras for their contents. They would identify an idea or rule, add their comments, then cite contents of different Dharma texts to support or explain their view.
Women jurists......
A few notable historic digests on Dharmasastras were written by women.These include Lakshmidevi's Vivadachandra and Mahadevi Dhiramati's Danavakyavali. Lakshmidevi, state West and Bühler, gives a latitudinarian views and widest interpretation to Yajnavalkya Smriti, but her views were not widely adopted by male legal scholars of her time. The scholarly works of Lakshmidevi were also published with the pen name Balambhatta, and are now considered classics in legal theories on inheritance and property rights, particularly for women.
Dharma texts and the schools of Hindu philosophy......
The Mimamsa school of Hindu philosophy developed textual hermeneutics, theories on language and interpretation of Dharma, ideas which contributed to the Dharmasutras and Dharmasastras. The Vedanga fields of grammar and linguistics – Vyakarana and Nirukta were the other significant contributors to the Dharma-text genre
Mimamsa literally means the "desire to think", states Donald Davis, and in colloquial historical context "how to think, interpret things, and the meaning of texts" In the early portions of the Vedas, the focus was largely on the rituals; in the later portions, largely on philosophical speculations and the spiritual liberation (moksha) of the individual. The Dharma-texts, over time and each in its own way, attempted to present their theories on rules and duties of individuals from the perspective of a society, using the insights of hermeneutics and on language developed by Mimamsa and Vedanga.The Nyaya school of Hindu philosophy, and its insights into the theories on logic and reason, contributed to the development of and disagreements between the Dharmasastra texts, and the term Nyaya came to mean "justice".
Influence.....Main article: Hindu law............
Dharmaśāstras played an influential role in modern era colonial India history, when they were used as the basis for the law of the land for all non-Muslims (Hindus, Jains, Buddhists, Sikhs).
In 18th century, the earliest British of the East India Company acted as agents of the Mughal emperor. As the British colonial rule took over the political and administrative powers in India, it was faced with various state responsibilities such as legislative and judiciary functions.The East India Company, and later the British Crown, sought profits for its British shareholders through trade as well as sought to maintain effective political control with minimal military engagement. The administration pursued a path of least resistance, relying upon co-opted local intermediaries that were mostly Muslims and some Hindus in various princely states. The British exercised power by avoiding interference and adapting to law practices as explained by the local intermediaries.The colonial policy on the system of personal laws for India, for example, was expressed by Governor-General Hastings in 1772 as follows,
That in all suits regarding inheritance, marriage, caste and other religious usages or institutions, the law of the Koran with respect to Mahometans, and those of the Shaster [Dharmaśāstra] with respect to Gentoos shall be invariably be adhered to.
For Muslims of India, the Sharia or the religious law for Muslims was readily available in al-Hidaya and Fatawa-i Alamgiri written under the sponsorship of Aurangzeb. For Hindus and other non-Muslims such as Buddhists, Sikhs, Jains, Parsis and Tribal people, this information was unavailable. The British colonial officials extracted from the Dharmaśāstra, the legal code to apply on non-Muslims for the purposes of colonial administration.
The Dharmashastra-derived laws for non-Muslim Indians were dissolved after India gained independence, but Indian Muslim Personal Law (Shariat) Application Act of 1937 continued to be the personal and family law for Indian Muslims.For non-Muslims, a non-religious uniform civil code was passed by Indian parliament in the 1950s, and amended by its elected governments thereafter, which has since then applied to all non-Muslim Indians.
Dharma Shastra: responsibilities of an ideal father!......PART I.......
Role of father in Hinduism......
This Sanskrit scriptures, is a law-book of Hinduism, a compilation of roles and responsibilities and treatises centred on Dharma. There are several books on Dharmashastra, bifurcated on basis of various and clashing point of views.
Ancient manuscripts on parenting.......
These manuscripts are a mere translation of the sacred Sanskrit scripture, which was composed in poetic verses. The knowledge inscribed in it is about Ashrama (phases of life), Varna (social classes), Purushartha (appropriate objectives of life), and Ethics and obligations, like peacefulness towards every living being, principles of simply war and various other subjects.
3.Dharmashastra.......
Mentioned in one of the chapters of Dharmashastra i.e. Purushartha, it is mentioned about how a native must create and fulfil their objectives in life, in order to move on their journey to death and attain ‘moksha’. Several roles and responsibilities are mentioned in order to achieve these objectives in life.
4.What it likes to be a father?.............PART....1.
Being a father is a real task for a man; it is his duty to learn from the mistakes happened before him and ensures a path, where there’s no scope for mistake. And, while doing this he needs to make sure his children becomes a good and confident citizen.
5.Roles and responsibilities of a father......
Let us discuss and share some of the responsibilities of an ideal father, who is expected to walk on the path of Dharma, as mentioned in Dharmashastra.
1. He must remain a giver.....
A father’s first and foremost responsibility towards his family is to fulfil their needs, wants and desires; also ensuring that nothing from this jeopardizes the peace and prosperity of his family. He needs to ensure his children are educated, well-fed and clothed, sheltered, taught about respecting elders and scholars, value of money, raised to look after families of their own later.
Although it is said that children are close to their mother, but they keep a close watch on their fathers too, getting inspired from him each day. They seem him as a steady provider, a person who ensures the family has all the necessities of life.
Although it is said that children are close to their mother, but they keep a close watch on their fathers too, getting inspired from him each day. They seem him as a steady provider, a person who ensures the family has all the necessities of life.
2. Become a shield...............
It is the responsibility of a father to do everything in his power to protect the dignity and sanctity, of his children and his family. He should become a shield for his loved ones. For a child, his/her father comes across as the sole protector. Shielding them from any harm caused, physically, emotionally, or spiritually.
3. Teaching valuable life lessons.....
More than the guru, a father teaches his children about the outside world and its struggles. The guru only teaches them the way to enter the outside world, but a father supports them and advises them sustain there. A guru’s duty is to teach once, but a father’s responsibility is to remind them to his children, whenever they need it in life. He must share his knowledge and principles, and teach valuable life lessons, through examples, even if it means, putting forth his own experience. A mother is responsible for a child’s inner growth, but a father shapes and projects his outer growth.
4. Become your child’s first friend........
It is said that ‘A child is the father of a man’, but a father shall always hold the position of a patriarch. He must ensure to maintain his moral through his actions, which will be closely watched by his children.
5. Come across as an exemplar......
When young, a child is always inspired to live and lead a life like his father created for himself. A father’s duty is to instil in his children the values of life, not by lessons but through setting examples. He must encourage the child to go beyond the paradigm. Only when a child sees his father taking risks, he learns about how to welcome a Win and a Loss.
6. Maintain the patriarch.......
It is said that, ‘A child is the father of a man’, but a father shall always hold the position of a patriarch. He must ensure to maintain his moral through his actions, which will be closely watched by his children.
7. Ensure strict discipline in children......
As they say, the amount of love and pampering put in by the mother must be matched by father’s discipline and vice-versa. It is father’s responsibilities to teach and make his children aware of the boundaries and consequences, of each of their actions.
8. Become their spiritual leader......
Not just mother, it is father’s duty as well to instil in his children faith and belief in their deities, help them look for the right path, motivate them when they are low, push them through their sorrows. A father should always make his children realise the belief in principles of accountability towards their family and parents.
9. Treat his wife, their mother as Queen........
A child’s faith in love, marriage and social relations grow strong, only when he/she sees their father complying with them. In the manner, a father displays his love and respect and remains faithful to his wife, he raises a good native. When he shares the workload as a partner with his wife, he teaches his children, the power and value of establishing and maintaining marriage........&.........IN TURN...............
Ideals...... Values.......&.....Duties of a Son or a Daughter towards Parents....PART .2.....
Parents are the Most Important People in Your Life......
Before you get married, your parents should be the most important people in your life. As children, we should obey our parents, grandparents, teachers and other people older to us. We should listen to them. We should serve them and help them. We should make them proud with our good behavior. The scriptures say:
The father, mother, teacher, elder brother and one's provider- these five are considered as one's superiors. He who desires prosperity should revere these superiors at all times by all means, even if he loses his life. The son should be devoted to them and make their care his first priority.
In the scripture entitled Taittiriya Upaniṣad, it is said that when the students are graduating from their college, their teacher gives them the following parting message:
“May you be one for whom his mother is a Deva. May you be one for whom his father is a Deva. May you be one for whom a guest is a Deva. May you be one for whom his teacher is a Deva.”
The idea is that we should respect, serve and worship our parents, guests as well as our teachers, even before we worship Bhagavān. This is a very unique teaching of our tradition. The western religions always place God before parents. Note that in our tradition, the mother is listed first, because she is the most respectable of all....... more than even the father.
Why Must we Respect our Parents and Grandparents?.....To Repay our Debt to Them.
Because they give birth to us, endure great pains to raise us, educate us and get us settled in our lives. It is a lot due to their love and efforts that we become great in our lives. When we have our own children, our parents then play an important role in giving good values to our children as well. Therefore, when our parents are old and cannot take care of themselves, it is our duty to pay back their love, effort and blessings by serving them and honoring them in every way possible, even at the cost of great personal sacrifice.
No Deva can equal the mother and no superior can equal one's father. Hence, no son can get relieved of the debt he owes to them. No person can repay his parents even in 100 years for all the troubles that they go through to give birth to him and raise him to adulthood. Therefore, always try to do whatever pleases your parents and your teacher, because only then does any religious worship done by you will bear any fruit.
Serving them is a most Pious Act.......
Serving our parents is for our own good and it leads to great rewards. Conversely, not caring for them is bad Karma. No prayer yields any fruit for the person who does not serve his parents and teachers. In the Mahābhārata, there is a story of a Brahmaṇa boy who leaves behind his elderly parents to advance spiritually. He acquires several spiritual powers, but discovers that even a butcher who had merely served his aged parents diligently was more advanced than him. The Brahmaṇa boy learned the lesson that serving one’s parents yields a much greater reward than abandoning them and pursuing your own selfish goals.
The lifespan, knowledge, glory and strength of him increase who pays respects to his parents regularly and serves them. He who serves his parents and teachers truly respects all the teachings of the scriptures. And the person who disrespects them will never get the fruit of any worship.
The lifespan, knowledge, glory and strength of him increase who pays respects to his parents regularly and serves them. He who serves his parents and teachers truly respects all the teachings of the scriptures. And the person who disrespects them will never get the fruit of any worship.
Therefore, as long as they are alive, no one should devote himself to any other religious undertaking. Rather, he should continue to serve them with full diligence and do whatever pleases them and is beneficial to them. In fact, by serving one’s parents and teachers, a person fulfills all his major religious duties. Other religious acts like worshiping are minor, compared to serving these elders.
The son who pleases his parents by his good qualities acquires the fruit of all good virtues. Service to one's parents is the only essence of Dharma and it leads one to Moksha upon death.
It is the Divine Command to us......
Bhagavān wants us to serve our parents, because they are His direct representatives for us on this earth. Bhagavān has taught us that by serving our parents, we actually worship Him.
Bhagavān Viṣhṇu said to Ṛiṣhi Mārkandeya- “They who serve their parents, thinking of their father as the Lord of the Universe, and Mother as the holy River Ganga they indeed are My best Bhaktās
Bhagavān Himself has set an Example of Devotion to Parents.....
In his various Incarnations, Bhagavān has Himself set an example for us on how we should respect our teachers and our parents. As Rāma, He went to the forest for 14 years, so that his father could keep up a promise given to step-mother. And even though Rāma had to undergo 14 years of hardship due to the machinations of his step-mother, he never became angry with her and forgave her always.
Saints have set an example for us of Devotion to Parents.......Our saints have demonstrated their devotion to their parents in their lives.
Saints have set an example for us of Devotion to Parents.......Our saints have demonstrated their devotion to their parents in their lives.
How Can we Serve our Parents?.......
Cultural Norms in Treating our Parents and Grandparents:.........&......There are many rules of etiquette that we follow for honoring and serving our parents:
We never address our parents by their names.
We never shout at them, even when we have an argument with them. We try not to talk back to them.
We never sit with our feet facing them. If we sit on a chair with our legs crossed, the foot on the top should face away from them.
We serve them food before filling our own plate.
When there are insufficient chairs in a room, we give the seat to them and stand ourselves.
We greet them with respect in the morning, and before going to bed.
We try to fulfill their requests and wishes to the best possible extent.
We do not smoke or drink in their presence and better, not even in their absence.
We obey their wishes cheerfully and act on them.
We defer to their opinion because they are wiser and more knowledgeable, if we are not sure of our own judgment and wisdom.
Serving Parents in their Old Age.........
In traditional homes, elderly parents live with their children and grandchildren (or in their close proximity) till their very end. As a result, they pass their last days happily, playing with their grand-children, and being served lovingly by their children whom they had raised with great effort and pain in their own younger years. In modern times however, many young couples do not want to take care of their old parents.
The excuse of these young couples is that they do not have enough money to take care of their kids as well as their own parents. Sometimes, both the husband and wife are working and therefore they arrange to have their aged parents housed in an old age home where a full-time staff takes care of them. Unfortunately, some people do not want to have their elderly parents around because they do not want to see them or do not want their own little kids to see them suffering of illness of old age.
In old age, people like to live in a fixed location and are not very comfortable moving around. Unfortunately, modern life has become very mobile. Job changes force us to move from one town to another. In many cases, we do not change our job, but it is the job itself that moves to another city because the employer decided to move their plant or office to the new location. Moving with elderly parents to following a new job to a new location can be traumatic for both the couple and also their elderly parents who are staying with them. And yet, it is not right to just leave behind one’s aged parents and live thousands of miles away from them.
J.KANNAN, M.Com, FIATA
"WE DON'T THINK TO BREATHE
WE BREATHE TO THINK"
WE BREATHE TO THINK"
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