Apastamba denies the right of offering burnt oblations
to women : ‘A female shall not offer any burnt oblation.’ The
keynote of the more ascetic and conservative rules of the later times
is first sounded by Apastamba, and they find a fuller expression in
Manu and the later lawgivers. As a child of the Kali age, he discards
the rules, which allowed greater freedom to women on the ground of
their being unfit for the society of his time. His rules are framed to
preserve the chastity of women, to limit the excessive importance
given to the birth of male children and to confine the sphere of women
to the household only.
But to understand Apastamba and to account for his
diversions and limitations, we must turn our attention to the age in
which he lived. It was an age of asceticism Buddhism was at its
zenith, and the importance of conduct and morals, which Buddhism
demanded and set forth, had had its repercussions on Hindu society as
a whole.
Hence the laws that were hitherto considered good and
beneficial to society had to be discarded as unfit, as their
demoralising effect had been revealed by the influence, of such
reformatory movements as Buddhism We next come to Vasishtha, a law
giver belonging to the Rig-Vedic school, who has been claimed by some
to be the sage Vasishtha of the Rig-Veda, on which assumption the
later commentators tried to make it the most authoritative and the
most ancient of all law-books, a theory that has been discarded by
Western scholars on linguistic grounds.103
It has, however, been ascribed to a teacher of the
Gotra of the Vasishtha of the Rig Veda. He refers in his treatise to
Yama, Manu, Harita, Gautama and Baudhayana. The quotations from Manu
are numerous. Harita, one of the ancient Sutra-Karas of the Black
Yajur-Veda, has been referred to even by Baudhayana; Vasistha, too,
refers to him.104The
striking affinity of the twenty second chapter of Vasishtha to Prasna
II of Baudhayana makes it probable that the former borrowed it from
the latter.
There are likewise two passages of the Vishnu Smrti to
be found in Vasishtha : those facts, along with others, have enabled
scholars to determine his date. UP is considered to be later than
Gautama and Baudhayana. He begins with a description of general rules
for society; after quoting the various views prevalent in his time as
to the limit of Aryavarta, 105
he proceeds to the general laws that are applicable for all.