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| Broadly, apart from such practices of people, there are two sources of Nyaya. | | Broadly, apart from such practices of people, there are two sources of Nyaya. |
− | # '''Vedas'''. Generally, the word Vedas refers to all the four Vedas, the six Vedangas (वेदान्गाः) and the eighteen [[Upanishads (उपनिषदः)|Upanishads (उपनिषदः)]]. Dharma (Nyaya, in this context) is presented in Vedas through Vidhis (विधयः) and Nishedhas (निशेधाः). For instance, the following are from [[Taittriya Upanishad (तैत्तिरीय-उपनिषद्)|Taittriya Upanishad (तैत्तिरीय उपनिषद्)]]. | + | # '''Vedas'''. Generally, the word Vedas refers to all of the four Vedas, the six Vedangas (वेदान्गाः) and the eighteen [[Upanishads (उपनिषदः)|Upanishads (उपनिषदः)]]. Dharma (Nyaya, in this context) is presented in Vedas through Vidhis (विधयः) and Nishedhas (निशेधाः). For instance, the following are from [[Taittriya Upanishad (तैत्तिरीय-उपनिषद्)|Taittriya Upanishad (तैत्तिरीय उपनिषद्)]]. |
| ## सत्यं वद ।<br/> Speak the truth. | | ## सत्यं वद ।<br/> Speak the truth. |
− | ## नाऽनृतं वद ।<br/> Never speak untruth.<ref>तैत्तिरीय उपनिषद् 1-11</ref> | + | ## नाऽनृतं वद ।<br/> Never speak what is not truth. |
− | # '''Dharmasastras'''. Smrtis, Dharmasutras (धर्मसूत्राः) and other commentaries are collectively called as Dharmasastras. | + | ## न हिंसयेत् ।<br/> Never hurt. |
| + | ## धर्मं चर ।<br/> Follow Dharma. |
| + | ## मातृदेवो भव । पितृदेवो भव ।<br/> Treat mother and father as god. |
| + | ## यान्यनविघानि कर्माणि तानि सेवितव्यानि नो इतराणि ।<br/> Do only the acts which are not forbidden, not any other.<ref>तैत्तिरीय उपनिषद् 1-11</ref> |
| + | #: Every law described in the Dharmasastras has its origin in the Vidhis and Nishedhas mentioned in the Vedas, of which, the above are only a few. For example, the law that dictates a son to assist his parents has its roots in the fifth Vidhi.<ref name="LCHI-Rama_Jois-Ch4">Justice M. Rama Jois, ''Legal and Constitutional History of India'' (2016), Chapter 4, Pages 20,22</ref> In this sense, the Vedas are the source even for Dharmasastras. |
| + | # '''Dharmasastras'''. Dharmasutras (धर्मसूत्राः), Smrtis and other commentaries are collectively called as Dharmasastras. |
| + | #* Taking inspiration from Vidhis and Nishedhas mentioned in the Vedas, Dharmasutras contain laws in the form of Sutras (सूत्राः, aphorisms). These can be regarded as the first works on Nyaya.<ref name="LCHI-Rama_Jois-Ch4"/> |
| + | #* Smrtis were written by Smrtikaras like Manu, Yajnavalkya and Parashara. These are a systematic and organised collection of laws from various sources, mainly the Vedas and Dharmasutras, and also from the common accepted customs of the society at the time of compilation. The Smrtis also describe the legal and judicial system.<ref name="LCHI-Rama_Jois-Ch4"/> |
| ===Superiority of the sources=== | | ===Superiority of the sources=== |
− | To avoid ambiguity in interpretation, the Smrtikaras had also laid down guidelines to be followed in case of a conflict from different sources. [[Vyasa Maharshi (व्यासमहर्षिः)|Vyasa (व्यासः)]] stated that the Vedas must always be considered as the primary source. | + | To avoid ambiguity in interpretation, the Smrtikaras had also laid down guidelines to be followed in case of a conflict from different sources. [[Vyasa Maharshi (व्यासमहर्षिः)|Vyasa (व्यासः)]] stated that the Vedas must always be considered as the primary and inviolable source. |
| <blockquote> | | <blockquote> |
| <q>Whenever there is a conflict between Shruti (Vedas), Smritis and Puranas, then what is stated in the Shruti should be taken as authority.</q><ref name="LCHI-Rama_Jois-Ch3"/> | | <q>Whenever there is a conflict between Shruti (Vedas), Smritis and Puranas, then what is stated in the Shruti should be taken as authority.</q><ref name="LCHI-Rama_Jois-Ch3"/> |