Manu’s Code of Law: A Critical Edition and Translation of the Mānava-Dharmaśāstra

1142 Pages·2005·27.95 MB·English

by  Patrick Olivelle

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 D˜YABH˜GA
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
M(cid:228)nava-Dharmas(cid:228)stra
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-dharmasästra /
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 M(cid:228)nava-Dharmas(cid:228)stra. 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 N(cid:228)radasmrti. 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 Pâda 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
Dharmasâstric Parallels 1009
PädaIndex 1035
Index to the Translation mi
Abbreviations
AB Aitareya Brahmana
A˜ Aitareya A ranyaka
Apa Aparâditya, Apar(cid:226)rka com. on YDh
˜pDh ˜pastamba Dharmasutra
˜pGr ˜pastamba Grhyas(cid:252)tra
˜pSr ˜pastamba Srautas(cid:252)tra
AS Kautalya's Arthas(cid:228)stra
˜sGr ˜sval(cid:228)yana Grhyas(cid:252)tra
˜sSr ˜sval(cid:228)yana Srautas(cid:252)tra
AU Aitareya Upanisad
AV Atharvaveda
BauSr Baudh(cid:228)yana Srautas(cid:252)tra
BDh Baudh(cid:228)yana Dharmas(cid:252)tra
Bh Bhäruci
BhG Bhagavad GJt(cid:228)
BhP Bhavisya Parana
B-R Böhtlingk and Roth, Sanskrit-W(cid:246)rterbuch
BrSni Brhaspati Smrti
BrU Brhad(cid:228)ranyaka Upanisad
er. ap. critical apparatus to the edition
ChU Chandagya Upanisad
Dev Devannabhatta, Smrticandrika
fh first hand
GDh Gautama Dharmas(cid:252)tra
Go Govindaraja
GobhGr Gobhila Grhyas(cid:252)tra
haplo haplography
Har-A Haradatta, com. on the ˜pDh
Har-G Haradatta, com. on the GDh
Hem Hemädri, Caturvargacint(cid:228)mani
JaiGr Jaimin(cid:237)ya Grhyas(cid:252)tra
JAOS Journal of the American Oriental Society
JB Jaimin(cid:237)ya Brahmana
JIP Journal of Indian Philosophy
Jmv Jïmûtavâhana, D(cid:228)yabh(cid:228)ga
K(cid:228)tSr Kätyäyana Srautasütra
KB K(cid:228)thaka Br(cid:228)hmana
ix