Baudhayana Dharma Sutra

600-300

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Total 39 chapters in Baudhayana Kalpasutra
1-29 chapters on Srautasutra
30th Chapter on Vedic geometry
31-34 Chapters on Grhasutra
35-39 Chapters on Dharmasutra

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Source of Law ( dharma)
The Law is taught in each Veda
What is given in the tradition
Views and clarifications of cultured people
those who studied the Veda together with its
supplements in accordance with Law.
When these fail to address an issue,
it falls on legal assembly with minimum of ten
members.
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Four men, each proficient in one of the four
Vedas,
one man who knows the Vedic supplements,
one expert on logic,
one legal scholar, and
Three Brahmins belonging in to three
different orders of life.

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Baudhayana deals elaborately on subjects such
at marriage, son-ship and inheritance.
He refers to several approved usages and
customs.
This dharma sutra explaining the need of
control over trade and commerce by the
king (state), to regulate trade, including
The tax of sea custom on the basis of the
value of the goods.

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Imposition of exercise duty on manufactures
by the king.

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 Social Classes
There are four classes
Brahmins, Ksatriya, Vishya, Sudra.
According to the order of the classes,
a Brahmin my have four wives,
a Ksatriya three,
Vishya two and a Sudra one.
Brahman along with the duties of studying and
teaching offering and officiating at sacrifices,
and preservation of Vedas. 8
Ksatryas: Protecting all creatures and the
treasury, for enhancement of government.
Vaisyas: studying, offering sacrifices, giving
gifts, agriculture, trade, and animal
husbandry, for the enhancement of
economic activity.
Sudras: Assisting above three classes

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King
The king should select his personal priest a
man preeminent in all matters and follow
his instructions.
King should protect his subjects and receiving
one sixth as taxes
The king should not turn back in battle and
should not use poisoned weapons.

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He should not engage in battle people who are
afraid, intoxicated, mad; and he should not
kill women, children, old people, and
Brahmins in wars.

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King could impose 10% duty on imports.
Punishments
A Brahmin, clearly, is no subject to capital
punishment for any crime.
When a Brahmin kills Brahmin, steals gold, or
drinks liquor, king should banish him from
his kingdom.
When a man belongs to Kshtirya or lower
class kills a Brahmin, he should be
executed and all his property confiscated.
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Witness: to gain respect of the world, a
witness should gave testimony consistent
with what his saw or heard.
According to Baudhayana
One quarter of a crime falls on the offender
one-quarter on the witness,
one-quarter on all the officials of the court
and one-quarter on the king.

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People of all four classes who have sons can
be witnesses except Vedic scholars, royalty
and those who lack humanity.
Inheritance: the partition of the estate takes
place only with his consent of father
When there are sons from mothers of
different classes,
they should divide the estate into ten equal
portions and take four, three, two, and one
portion according to the class. 14
Vasistha dharma sutra
300-100 B.C

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Vasistha Dharma sutra given great importance to
the customs and usage and recognized them as
supplement to law.

He has dealt with various topics of law, such as

marriage, son-ship, inheritance and adoption.

He recognized the system of adoption and

declared that it was legitimate to procure a
son through adoption.

•
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The Brahmin shall proclaim their duties ( dharma)
and the king shall govern them accordingly.
The king may take in taxes a sixth share of their
wealth, except from Brahmins.
Occupations:
By selling meat and salt, Brahmin falls from his
caste immediately; and
by selling milk he becomes a Sudra in three days.

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Brahmins should not neglect their rituals

Position of woman:
A woman cannot act independently, she is
under the authority of the man.
Her father takes care of her in her childhood;
Her husband takes care of her in her youth;
and her son takes care of her in her old age

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Adoption:
Father and mother had that power to give for
adoption, to sell or to abandon him.
No one should give for adoption or adopt an
only son.
A wife should neither give a son for adoption
nor adopt a son, except with her husband’s
permission.
When someone is going to adopt a son,
he should summon his relatives and inform to
the king
If, after adopting a son, a natural son is born
to a man, the adopted son inherits one-
quarter of the estate.
Legal Procedure:
The king or his minister should run the court
proceedings.

When there is a legal dispute between two

parties, he should not take one side.

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When there is dispute regarding house or a
field, the testimony of neighbors provides
the proof.
When neighbors provide contradictory
evidence, written documents provide the
proof.
When conflicting documents are produced, the
proof is based on the testimony of aged
inhabitants of the town or village.
Owner will lose his property rights, when it is
used by someone else continuously for ten
years. 21