Note 107 — LECTURE III.
Reading edition
A very useful indication of the age of the Dharma-sûtras, as compared with the metrical Dharma-sâstras or Samhitâs, is to be found in the presence or absence in them of any reference to written documents. Such written documents, if they existed, could hardly be passed over in silence in law-books, particularly when the nature of witnesses is discussed in support of loans, pledges, etc. Now, we see that in treating of the law of debt and debtors,(A1) the Dharma-sûtras of Gautama, Baudhâyana, and Âpastamba never mention evidence in writing. Vasishtha only refers to written evidence, but in a passage which may be interpolated,(A2) considering that in other respects his treatment of the law of debt is very crude. Manu's metrical code shows here again its usual character. It is evidently based on ancient originals, and when it simply reproduces them, gives us the impression of great antiquity. But it freely admits more modern ingredients, and does so in our case. It speaks of witnesses, fixes their minimum number at three, and discusses very minutely their qualifications and disqualifications, without saying a word about written documents. But in one place (VIII. 168) it speaks of the valuelessness of written agreements obtained by force, thus recognizing the practical employment of writing for commercial transactions. Professor Jolly,(A3) it is true, suggests that this verse may be a later addition, particularly as it occurs totidem verbis in Nârada (IV. 55); but the final composition of Manu's Samhitâ, such as we possess it, can hardly be referred to a period when writing was not yet used, at all events for commercial purposes. Manu's "Law-book" is older than Yâgñavalkya's, in which writing has become a familiar subject. Vishnu often agrees literally with Yâgñavalkya, while Nârada, as showing the fullest development of the law of debt, is most likely the latest.(A4)
See Brihatsamhitâ, ed. Kern, pref., p. 43; Journal of the R. A. S., 1875, p. 106.
A1: "Über das Indische Schuldrecht von J. Jolly," p. 291.
A2: Jolly, l. c., p. 322.
A3: L. c., p. 290.
A4: Jolly, l. c., p. 322. He places Kâtyâyana and Brihaspati after Nârada, possibly Vyâsa and Hârîta also. See also Stenzler, Z. d D. M. G. ix. 664.