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Wendy Doniger - The Laws of Manu

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The Laws of Manu form a towering work of Hindu philosophy. Composed by many Brahmin priests, this is an extraordinary, encyclopaedic representation of human life in the world, and how it should be lived. Manu encompasses topics as wide-ranging as the social obligations and duties of the various castes, the proper way for a righteous king to rule and to punish transgressors, relations between men and women, birth, death, taxes, karma, rebirth and ritual practices. First translated into English in 1794, its influence spread from Nietzsche to the British Raj, and although often misinterpreted, it remains an essential work for understanding India today.

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THE LAWS OF MANU

WENDY DONIGER is the Mircea Eliade Professor of the History of Religions at the University of Chicago. Under the name of Wendy Doniger OFlaherty she has published two other Penguin translations, Hindu Myths (1975) and The Rig Veda (1981), and numerous other books, most recently Other Peoples Myths: The Cave of Echoes (1988) and Mythologies (1991), an English edition of Yves Bonnefoys Dictionnaire des Mythologies.

BRIAN K. SMITH is Associate Professor of History and Religious Studies at the University of California, Riverside. He is the author of Reflections on Resemblance, Ritual and Religion (1989) and numerous articles on Vedic ritualism and the history of ancient Indian religious ideology.

THE LAWS OF MANU

WITH AN INTRODUCTION AND NOTES
TRANSLATED BY WENDY DONIGER
WITH BRIAN K . SMITH

PENGUIN BOOKS

For Arshia and Sanjay,

a con-fused couple

that even Manu would have loved

PENGUIN BOOKS

Published by the Penguin Group

Penguin Books Ltd, 80 Strand, London, WC2R 0RL, England

Penguin Books USA Inc., 375 Hudson Street, New York, New York 10014, USA

Penguin Books Australia Ltd, Ringwood, Victoria, Australia

Penguin Books Canada Ltd, 10 Alcorn Avenue, Toronto, Ontario, Canada M4V 3B2

Penguin Books (NZ) Ltd, 182190 Wairau Road, Auckland 10, New Zealand

Penguin Books Ltd, Registered Offices: 80 Strand, London, WC2R 0RL, England

First published 1991

Copyright Wendy Doniger and Brian K. Smith, 1991

All rights reserved

The moral right of the editors has been asserted

Except in the United States of America, this book is sold subject to the condition that it shall not, by way of trade or otherwise, be lent, re-sold, hired out, or otherwise circulated without the publishers prior consent in any form of binding or cover other than that in which it is published and without a similar condition including this condition being imposed on the subsequent purchaser

ISBN: 978-0-14-196662-5

CONTENTS

T HE L AWS OF M ANU

Verses Contents of this Teaching

The Perpetual Student

Fruits of the Ceremony

The Meditation of a Vedic Graduate

The Death of a Wife

Householder Renouncers

The Kings Relaxations

The Work of Commoners and Servants

The Duties of Commoners and Servants

The Duties of Servants

Veda as Restoration

Meditation on the Self

ACKNOWLEDGEMENTS

This book would never have been written but for Brian K. Smith, who conceived the project, had the idea of translating everything (even dharma), contributed many of the ideas for the introduction, compiled most of the bibliography, brought back the texts from India, furnished a translation of the parts of the book dealing with Vedic ritual (all of ; Greg Spinner (who did more work on the bibliography); David Gitomer, Sheldon Pollock, David Tracy, and Laurie Patton (who offered benevolent but penetrating criticisms of the introduction); David Grene, who read the translation and, as always, reacted with detailed, wise, and usefully non-Indological advice; Peggy Edwards, who typed the index, and Elise LaRose, who double-checked it. McKim Marriott, who was brave enough to try out an early draft on his classes, presented me with a long, painstaking, spirited, and insightful critique, particularly on matters of kinship, ritual, and pollution; I am grateful to him for the suggestions that I took (most of them) and beg his pardon for the ones that I could not accommodate to my own vision of the text. I am deeply indebted to Ariel Glucklich, who plied me with esoteric bibliographies and buoyant support, both dharmic and adharmic, during the final laps of the marathon. Finally, I wish to dedicate the book to Arshia Sattar and Sanjay Iyer, whose loyal friendship and incorrigible high spirits sustained me through rough passages in my life during the years in which this book was written.

WENDY DONIGER

Chicago, 31 December 1990

INTRODUCTION

Right and wrong (dharma and adharma) do not go about saying, Here we are; nor do gods, centaurs, or ancestors say, This is right, that is wrong.

PASTAMBA

To set up a law-book of the kind of Manu means to concede to a people the right henceforth to become masterly, to become perfect to be ambitious for the highest art of living. To that end, the law must be made unconscious: this is the purpose of every holy lie.

NIETZSCHE

These two epigrams suggest two very different views of The Laws of Manu, the first from inside the tradition, acknowledging the complexity of its moral judgements, and the second from the outside, arguing for the duplicity of its presentation of those judgements. These two views lead to two very different assessments of the coherence or contradiction in Manus position on certain central religious issues, particularly on the paradox of killing and eating, and both are invaluable for our understanding of the text.

Manus ambivalence on these and other dilemmas is reflected in the evaluation of his work made by the two authors of this introduction, one of whom will argue for an irreconcilable tension between two divergent world-views in Manu while the other will argue for their integration. It is our hope that these two different evaluations will prove to be, like the two historical currents in the text that they attempt to comprehend, not mutually contradictory but symbiotic and coherent. The reader is left free to choose, both between the different strains in Manu, as expressed in the translation, and between the two different scholarly assessments of the relationship between those strains, as expressed in this introduction to the translation.

Part I will situate the text in Indian religious and social history and delineate its sources and its subsequent impact; it will demonstrate the historical origin of a tension between what may be regarded as mutually contradictory world-views in the work.

PART I THE HISTORY OF THE TEXT

1. The Importance of The Laws of Manu

A work of encyclopedic scope, The Laws of Manu (in Sanskrit, the Mnavadharmastra or Manusmti, and informally known as Manu) righteous king to rule, and to punish transgressors in his kingdom; the appropriate social relations between men and women of different castes, and of husbands and wives in the privacy of the home; birth, death, and taxes; cosmogony, karma, and rebirth; ritual practices; error and restoration or redemption; and such details of everyday life as the procedure for settling traffic accidents, adjudicating disputes with boatmen, and the penance for sexual improprieties with ones teachers wife.

The text is, in sum, an encompassing representation of life in the world how it is, and how it should be lived. It is about dharma, which subsumes the English concepts of religion, duty, law, right, justice, practice, and principle. Probably composed sometime around the beginning of the Common Era or slightly earlier, Manu is a pivotal text of the dominant form of Hinduism as it emerged historically and at least in part in reaction to its religious and ideological predecessors and competitors. More compendiously than any other text, it provides a direct line to the most influential construction of the Hindu religion and Indic society as a whole. No modern study of Hindu family life, psychology, concepts of the body, sex, relationships between humans and animals, attitudes to money and material possessions, politics, law, caste, purification and pollution, ritual, social practice and ideals, and world-renunciation and worldly goals, can ignore Manu.

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