What characterized the caste system in ancient India. Fixing the Varna system in the law of ancient India

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According to world history

Varna social system of ancient India

The work was done by a student of the 6/I A course Khoreva Maria Vladimirovna

Supervisor _______________________

teacher T.I. Pelipenko

Introduction

Indian civilization is one of the oldest in the world, its history has been a unique object of research by many scientists for centuries, attracting interest with its originality and dissimilarity with the history of any other state.

Unfortunately, today science has a rather meager amount of reliable written sources on the history of India. Basically, when studying it, one has to rely on works of a religious nature or works of art.

The first Neolithic settlements in the foothills of the Indus Valley date back to the 6th-4th millennium BC. e., the centers of urban culture originated in India around the 3rd millennium BC, and the Harappan civilization is considered to be the first ancient Indian civilization. However, there is practically no information about it, largely because the writing of that period has not yet been deciphered. The further development of the culture of the Hindustan peninsula predetermined the development that began approximately at the beginning of the 2nd millennium BC. the migration of the Indo-Aryan tribes to the Ganges River valley, the cause of which is still little known. It was during the period of the Vedic civilization, the culture of the Indo-Aryans that lasted until the 5th century BC, which is associated with the Vedas, the earliest sources about the history of India, that the division of society along tribal lines first appears. This division intensified during the Mauryan Empire, the first great Indian empire.

Although signs of a caste social system are attested in many peoples, India provides us with one of the most striking examples of this organization.

Historiography

The scientific study of the history and culture of India began in the middle of the 18th century. It was then that Sanskrit attracted great interest, the study of which was actively taken up by English and German scholars who translated some of the most famous works of ancient Indian literature into European languages. Henry Thomas Colebrook, William Jones, August Wilhelm Schlegel and others are considered to be the pioneers of Indology; G.S. Lebedev, who compiled a description of the life and customs of the Indians and the grammar of Hindustani.

The birth of Indian epigraphy took place in the first half of the 19th century, and the first archaeological excavations were carried out only at the end of the century, after A. Cenningham compiled an archaeological map of India. In the 20th century, when systematic excavations began, the English scientists Marshall and McKay and the Indian archaeologists Sahni and Banerjee, as well as many others, discovered the ruins of ancient cities in the North-West of the country.

Since the very emergence of Indology, several different schools and directions have developed in this science. Many works of Western European scholars are characterized by Eurocentrism, while the Russian school of Indology, which has made a great contribution to modern Indology, is characterized by an objective and strictly scientific approach. At the turn of the 19th - 20th centuries, the emergence of interest in the study of one's own history in India was associated with the beginning of the struggle for independence.

Today, the history of the Indian state is attracting more and more attention, because unanswered questions continue to exist and multiply, new facts, new unexplored materials appear.

The history of the formation and description of the Varna social system

The word "caste" in Portuguese means "kind, quality", it began to be used when the Portuguese in the XVI century. penetrated into India and got acquainted with the Indian social organization. Initially, in India, there were groups that were designated by the word "varna", which corresponds to the concepts of "type", "category". Since ancient times, this word has been used to contrast the main social strata. The fact that the division of society originates at the end of the 2nd - beginning of the 1st millennium BC can be judged from the information from the Rig Veda, one of the four Hindu religious texts, a collection of religious hymns, compiled approximately in 1700 - 1100 years. BC, the oldest monument of ancient Indian literature and the oldest religious text in the world. Despite the fact that in the original version of the Rigveda there is no direct mention of varnas, this collection already speaks of the existence of priests, nobility and common people, although this division is not yet rigid and is not controlled.

And only in the late hymn from the "Rigveda", in the X mandala, in the famous "Purusha-sukta", is there a myth that the four varnas originated from the first man Purusha. From the mouth of Purusha came the highest varna - "Brahmins", these are the priests who were supposed to serve God, from the hands came "Kshatriyas", military men, generals, from the hips - "Vaishyas", artisans, farmers, cattle breeders, and from the feet came the lower varna - "Shudras", a layer of poor and deprived people. It is believed that the three highest varnas were genetically related to the Aryans and therefore were called "twice-born", which gave them the right to the rite of "second birth", that is, the rite of initiation. It was held in childhood and was accompanied by the wearing of a lace around the neck, the color of which corresponded to the position in society, and subsequently provided training in the profession and occupations of the ancestors, which would then allow one to become a householder.

A later description of the varnas is given in Manu-smriti, also known as the Laws of Manu. This document is a set of laws and rules of Ancient India, which covers such aspects as the social system, property and family relations, as well as crimes and punishments. The text does not have an exact date, but there are suggestions that the drafting of laws in it is limited to the time frame from the 2nd century BC. until the 2nd century AD It is believed that after the collapse of the Mauryan and Shunga empires, a period of social instability developed, the influence of the brahmins was threatened by non-Vedic movements, therefore the above document and other Dharma-shastras (books of rules) were the reaction of the brahmins to these threats. The Laws of Manu details the creation of the four varnas and the significance of each in society:

“And for the sake of the prosperity of the worlds, he [Brahma or Brahma is one of the three highest gods of Brahmanism and Hinduism, the creator god, the creator of the Universe and its personification and soul. Usually depicted as four-faced, four-armed, sitting on a swan] created from his mouth, hands, thighs and feet, respectively, a brahmana, a kshatriya, a vaishya and a sudra. And in order to preserve this entire universe, he, the bright one, established special occupations for those born from the mouth, hands, thighs and feet. Education, study of the Vedas, self-sacrifice and sacrifice for others, giving and receiving alms, he established for the brahmins. The protection of subjects, the distribution of alms, sacrifice, the study of the Vedas and non-adherence to worldly pleasures, he indicated for the kshatriya. Herding cattle, and also giving alms, sacrifice, study of the Vedas, trade, usury and agriculture are for the vaishyas. But the lord indicated only one occupation for the Shudras - serving these varnas with humility.

The transition from one varna to another was absolutely impossible, strict endogamy was established (marriages between representatives of one varna): “For a shudra, a shudryanka wife is prescribed, for a vaishya - a sudrian woman and her own varna, for a kshatriya - both of them and their own varna, for a brahmin - those three, as well as his varna. The twice-born who foolishly marry low-born women quickly reduce families and descendants to the position of sudra. All professions were hereditarily fixed, the laws of the way of life of each of the varnas were formulated in dharmas, there was a different degree of punishment for causing harm to more or less noble subjects.

Varna was controlled by the Kshatriyas, it arose as a result of wars, eventually becoming the ruling one. Unlike the varna of the Brahmins, it was not so closed. But despite this, the brahmins occupied the most honorable place in society: “Of living beings, the animate are considered the best, among the animate - rational, between rational people, among people - brahmins. The very birth of a brahman is the eternal embodiment of dharma, for he is born for dharma and is destined to be identified with Brahma. Everything that exists in the world is the property of a Brahmin; because of the superiority of birth, it is the brahmana who has the right to all this. Brahman eats only his own, wears his own, and gives his own; because other people exist by the grace of a brahmana ”(“ Laws of Manu ”), they were called“ avadhya ”- inviolable. An important feature of the position of the Brahmins was that they could not be executed, the most significant punishment could only be exile.

The vaishya varna included, for the most part, free community members who were engaged in agriculture or crafts, they were the main taxable class. In the Vedic era, the vaishyas still retained some political rights and even participated in solving a number of state affairs, however, over time, the vaishyas lost their privileges in society, including the rite of "second birth", so the dividing line began to pass between the nobility, brahmins and kshatriyas , on the one hand, and the poor, vaishyas and sudras, on the other.

It is assumed that the Shudra varna arose as a result of more frequent wars, initially those people who, by ancestry, did not belong to any varna, were included in it. The rights of the Shudras were much more limited than the rights of the rest: as was said earlier, all that a Shudra could do was to serve more noble people, they were not allowed to solve public affairs, did not participate in a tribal assembly, the Shudras were initially forbidden to accumulate wealth, they did not have the right to study the Vedas and participate in rituals and religious practices on an equal basis with representatives of other varnas.

So the system of varnas not only did not fall apart, but, on the contrary, became more rigid and stronger. Strengthening, it acquired new ranks, more fractional divisions, turned into a system of castes, which has survived to this day.

The Significance of the Varna Social System in the History of Ancient India

ancient india society caste

Varna, and later the caste social system can be called one of the most stable and unshakable models of the division of society, because it still exists in modern India. It is also obvious that the above-described system quite strongly influenced the mentality of the inhabitants of Ancient India, the then existing monarchy, the solution of domestic and foreign policy problems, and the history of the Indian state as a whole.

So, for example, we can say that the division of society in Ancient India influenced the creation of one of the most important components of the social and economic system - the rural community, because the most numerous varna were vaishyas. The structure of the rural community was multilayered, since the process of property differentiation deeply penetrated into it: there was an elite that exploited slaves and hired workers and ordinary community members who themselves worked on their plots. Also, the community was in a certain way independent in its internal affairs: free residents gathered for meetings and resolved various management issues.

The existence of a division precisely into varnas led to a specific model of slavery. Unlike other states of the Ancient East, slave labor did not play a significant role in the decisive sectors of the Indian economy. There was no opposition between free and slaves in the laws, castes obscured the classes. A feature of ancient Indian slavery was the presence of state legislation aimed at limiting the arbitrariness of the owner in relation to slaves. For example, it was forbidden to sell child slaves without parents; the master, when using the labor of a slave, was obliged to take into account his caste position. Slaves could have families, property, the right to inherit.

It should also be noted that, undoubtedly, the caste system influenced the administration of the state during the time of the monarchy, because due to the fact that the ancient laws spoke about the significance of the Brahmin clans, the royal priest played an important role in the court. Also, a council of royal dignitaries - parishads, which consisted of the nobility - military and priestly, who sought to preserve their privileges and limit the absolute power of the ruler, also played a large role in governing the state.

In general, the Varna system strongly influenced the course of Indian history. The great influence of representatives of the higher varnas and noble families did not contribute to the strength of the empires that arose at that time. Successive conquerors could tax communal farms, but they were not able to influence the established norms of caste behavior, to secure support in Indian society, which lives according to its own laws.

The system of division of society in India acted as a kind of alternative to weak central political power, and perhaps its main cause. It could well exist without a strong state, without an effective administration, because its internal laws already successfully performed political and administrative functions.

The varna system not only did not disintegrate over time, but, acquiring new ranks, more fractional divisions, having undergone many changes, it existed for several millennia and still exists today.

It is precisely due to the uniqueness of the varna system that its formation and features are still the subject of close interest of historical science.

List of used literature

1. Z.M. Chernilovsky, V.N. Sadikov. Reader on the general history of state and law.

2. K.I. Batyr. General History of State and Law.

3. L.S. Vasiliev. History of the East.

4. O.A. Zhidkov, N.A. Krasheninnikov. History of the state and law of foreign countries.

5. K.A. Antonova, G.M. Bongard-Levin, G.G. Kotovsky. History of India.

6. N.V. Zagladin, N.A. Simony. General history from ancient times to the end of the 19th century.

7. L.B. Alaev. Medieval India.

8. Free Internet encyclopedia "Wikipedia". http://ru. wikipedia.org.

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Table of contents.

Introduction……………………………………………………………………………3

Causes of the Varno-caste system………………….…5

2. The origin of castes and the formation of the caste system…………………..8

Varno-caste social hierarchy………………………………….11

Features of the estate-caste organization in monarchies and

republics……………………………………………………………….……16

Conclusion………………………………………………………………..…35

List of used literature……………………………………………36

Introduction.
The state-legal history of India is peculiar and unique. The peoples of this vast, multinational country have endured severe trials in the past, in difficult conditions they managed to preserve their original culture, the achievements of which adorn world civilization. The philosophical and ethical and moral views of the Hindus had a noticeable influence on other peoples of Asia.
The first states of Ancient India appeared in 1 thousand BC. e. along the banks of the Ganges. The appearance of iron tools was of epochal significance; it accelerated the development of crafts, trade, and exchange. The resettlement of the Indo-Aryans accelerated the process of class formation, the institution of private property gradually began to cover cattle, and then land. The prehistoric aboriginal community of the Ganges was in decline.
The population was divided into two main groups: noble and free (Aryans) and slaves (dasa). The slaves were from captive or unpaid debtors who fell into debt bondage, completely dependent on the creditor.
The state-legal institutions of Ancient India differed significantly from the slave-owning despotisms of the countries of the Ancient East. The communal system, the stability of the remnants of the tribal system, the absence of state ownership of land determined the economic structure of this country. The social structure of ancient India is very complex, in addition to classes, estates, there were varnas, castes. The monuments of law of early antiquity mention hired workers, slaves. Ancient India was famous for its high level of agriculture, crafts, its skilled builders and architects left magnificent architectural monuments. Features of economic and social life, the development of commodity-money relations, the originality of ethical views made it difficult for slavery to become the leading way of life in ancient India.
The varno-caste system as a whole, precisely because of its rigid hierarchy, constituted the backbone of the social structure of India; unique in form, it not only proved to be an effective alternative to a weak political administration, but also successfully compensated for this weakness, although this kind of compensation did not contribute to the political stability of states in India. one

1. The reasons for the emergence of the caste system.

At various times, scientists tried to answer the question about the causes of the terrible institution of castes. So Karl Marx considered castes to be a relic of tribal organization. Others believed that it was based on the social stratification of society, others believed that in this way the Aryans sought to protect themselves from mixing with the tribes of ancient India they had conquered. However, all this is false. For the castes were barriers not so much between the Aryans and the natives, but rather between the Aryans themselves, dividing them into strictly isolated groups
Social stratification has nothing to do with it either, because all the societies of the earth felt it, but for some reason castes arose only in India. In addition, many societies had much sharper social stratifications compared to ancient Indian ones. It has nothing to do with the tribal system, which, by the way, as shown today, in the form in which Marx represented it, never existed. The basis of castes goes only to the religion of ancient India. The Vedas contain a very remarkable story that tells that once there was a giant Purush, who was then sacrificed to the gods, and that, allegedly, all of humanity arose from his body, and immediately divided into castes. “His mouth became Brahmin, his hands became a kshatriya, his thighs became a vaishya, a sudra arose from his legs” - this is the first mention of the class-religious division in India, of castes. What were these four castes: Brahmins, Kshatriyas, Vaishyas and Shudras? The Brahmin caste was made up of priests. A brahmin was considered a person not subject to corporal punishment, and even more so, the death penalty ... The murder of a brahmin was considered as a terrible sin ... brahmins were exempted from paying taxes. It was supposed to show the brahmin all kinds of signs of respect 2 .

The second caste is the kshatriyas, which included kings, the military aristocracy and the nobility. The third caste is the Vaishyas, which included pastoralists and farmers, which, in fact, made up a significant part of the population. And finally, the fourth - the Shudras, to which belonged all those who did not enter the first three castes. “Shudra, in particular, did not have the right to study the Vedas and participate in the administration of services on an equal basis with representatives of other varnas - a very severe form of inequality for a society where ritual and mythological life was valued as highly as in India. Shudra could not claim a high social position, sometimes even an independent household. The fate of a craftsman or a servant, engaging in heavy and despised types of labor - that was his lot.
However, over time, another caste unit was formed - the untouchables. They included those tribes that at the time of the formation of the four castes were not included in the sphere of Aryan influence in Hindustan, the so-called jungle tribes. They were considered as special castes distinguished by ritual impurity, i.e., untouchables… they were considered to be outside the varna system… Persons of extra-varna categories built their huts outside settlements and came to the village only in order to perform the lowest and most defiling work on garbage collection, fallen, sewage.
The system of four varnas that developed in this way became a very stable basis for dividing Indian society into unshakable categories-estates, the status and place of which were consecrated by indisputable religious norms. The religion of the Vedas, with its magnificent bloody sacrifices and the enormous role of the Brahmin priests, who monopolized not only the cult and sacred rites, but also the practical right to study texts and, in general, the right to education, religious and philosophical reasoning, very strictly guarded Varna differences. A person is born in his own varna and forever belongs to it, remains in it. In his varna, he takes a wife, his descendants also remain forever in his varna, continue his work. Birth in one or another varna is the result of a person's behavior in his past births. This cardinal postulate of the Vedic religion with its idea of a cycle of incessant rebirths, the appearance of which depends on karma, that is, the sum of virtues and vices in past existences (good karma - was reborn as a brahmin or prince; bad - as a sudra, or even an animal, a worm) , played a huge role in the history and culture of India. He dictated to people to come to terms with their place in the world and society, not to strive for improvements and changes (it is simply impossible in the current life, it is absurd even to think about it), but to behave virtuously and thereby improve their karma with an eye on the future 4 .

The origin of castes and the formation of the caste system.

The essence of caste differences, the caste structure of society and the caste regime show that they could appear only in conditions of deep social stratification and far advanced social division of labor. It is public, and not technological, as, for example, in medieval workshops and manufactories. Therefore, it is in vain to look for the origins of the caste organization in primitive and pre-state Indian antiquity. At the same time, it should be recognized that the existing sources do not make it possible to reliably determine the boundary of the transition of Indian society from a pre-state pre-class state to a class one.
Characteristic of ancient Indian society was its simultaneous with class, but in specific conditions, more significant varna stratification. Throughout antiquity, the varna structure and varna relations, as subsequently caste relations, dominated society. They hampered and complicated the process of class consolidation and in a peculiar way deformed the process of the formation of class formations in India. So, the character of Indian society in antiquity was determined primarily and most of all by its varna system. Slave-owning relations significantly complicated it, but were secondary, not decisive. The caste system had an equal, if not greater, impact on medieval and later society in India. And it must be admitted that this system does not fit into the framework of the feudal formation.
The structure of feudal society presupposes a clear distinction between two social categories of two antagonistic classes: the large landowners and the farmers who are personally dependent on them and exploited by them. The structure of the Indian caste society includes hundreds of caste communities of different social status, regularly interacting in industrial and social life. So far, no one has performed a correlation of either structure. The existence of feudalism in medieval India remains hypothetical.
In the reconstruction of feudal society in India, the category of exploiters looks convincing. In essence, these are the same as in ancient times, the rulers of states, their governors and numerous other intermediaries in collecting taxes of various ranks, from regional to rural. And taxes were the main source of state revenue and the usual form of exploitation of the working population, both in antiquity and in the Middle Ages. Taxes from a certain area of land, from a village community or group of the population, were also collected by state officials on a salary and various kinds of commissioners and intermediaries on a shared basis. The sources mention many forms of granting by rulers to certain persons the authority to collect taxes from a certain territory or from the population of certain settlements with the right to withhold in their favor a specified percentage or the entire amount of tax. Such were the overwhelming majority of the cases of "land grants" or land holdings mentioned by the sources. Many historians (for example, the same R. Sh. Sharma) interpret these awards as the transfer of ownership not only of land, but also of the population of the respective villages. At the same time, they forget that in fact neither the land, nor the village, and even more so the inhabitants of the villages, were the property of the donor and, therefore, could not be transferred into ownership. The intermediaries were not given the right to own land, but the right to retain a certain share of taxes from this land, from these villages, or from a given territory in general. However, only the numerous rulers of states of various sizes, often in vassal dependence on one another, can be considered peculiar feudal lords in this mass of exploiters.
If all these exploiters, that is, those who live on unearned income, can still be mistaken for the class of feudal lords, then among those exploited in India at that time we will not find the class of feudal peasants at all. Under the conditions of the caste hierarchical structure of rural society and the nature of inter-caste relations in a caste rural community, there is simply no place for the class of serfs or personally dependent peasants who constitute someone's property. The bulk of the social product was produced by personally free community members of different castes, from the Brahmins to the untouchables. Therefore, one can agree with the same R. Sh. Sharmon when he writes: “... small peasant allotments were not tied to the large estates of landlords either legally or economically”; “Serfdom, unlike Western Europe, was not a typical phenomenon for India”; "A distinctive feature of the Indian feudal economy was the absence of large agricultural holdings and estates of landlords ..."; "It is possible that free peasants continued to own the bulk of the land and pay taxes directly to the state."
So, attempts to reconstruct the mode of production and social system in ancient and medieval India must be based on a comprehensive account of the varna and caste system that existed in it for more than two millennia, and the centuries-old history of the rural caste community 5 .

3. Varno-caste social hierarchy.
The system of varnas developed over the centuries at the turn of our era has already changed in many ways. Changes took place in a number of directions. One of them - the convergence of the status of the two lower varnas and their opposition to the two upper ones - has already been discussed. But this was not the end of the matter. First of all, there was a noticeable differentiation, both property and social, in the upper varnas, especially in the varna of the Brahmins. The number of Brahmins grew, and not all of them were required for ritual and cult priestly needs. And not everyone was inclined or capable of this kind of activity. It is not surprising, therefore, that a considerable number of brahmins, remaining exactly brahmins according to the varna, began to engage in other activities that were not inherent in the keepers of wisdom and priests, up to very unprestigious ones (doctors, actors, shepherds, etc.). As for the kshatriyas, serious changes also took place here, but of a different plan. The original hereditary kshatriyas, primarily warriors, decreased in number, in no small measure due to battles and mutual extermination, court intrigues and dramatic episodes during periods of change of power and dynasties. This also applied to many ancient ruling aristocratic families. At the same time, the rulers, officials and warriors who came to replace them from other varnas (recall that a number of dynasties were headed by people from the Shudras, and Brahmins often became their advisers) did not have the right to easily penetrate the Kshatriya varna - the law of the Indian varna read that it depends on birth, and not on the property or social status of a person. Of course, there could be exceptions to the general rule, but in general the law remained the law and its consequence was a gradual decrease in the number and importance of the Kshatriya varna.
Individual representatives of both lower varnas, Vaishyas and Shudras, have greatly increased and strengthened their positions. From their number came a lot of wealthy city dwellers. At least some of them penetrated into the upper strata of society, among the rulers, officials, warriors. It turned out to be a paradox: the usual norm still followed the traditional gradation of varnas with the corresponding privileges and sanctions in case of offenses for members of each of them, while real life has largely shifted the emphasis. In practice, the distances between the varnas turned out to be different than they were before. An adjustment was needed, some other scale of the social account.
But the changes in the traditional system of varnas were not limited to this. Firstly, the Indianization of the southern regions of Hindustan all the time introduced new contingents into the composition of Indian culture and Indian society, including the Varna system. Of course, the majority of the population of the southern regions, newly introduced to Indian civilization, almost automatically became among the Shudras. But after all, among the new converts were priests, rulers, officials, warriors. How was it with them? Especially if they continued to perform their usual functions and clearly did not correspond to ordinary Indian Shudras in terms of lifestyle and social status? The situation was similar with the militant conquerors who assimilated in India, who settled in Northern India and were absorbed by it wave after wave (Greeks, Bactrians, Parthians, Huns, Yuezhi, etc.). Some of them corresponded to the Kshatriya varna, but the possibility of inclusion in this varna has already been mentioned. This was not an easy matter, and therefore a wide influx into the number of kshatriyas was not to be expected.
Secondly, within the framework of each of the ancient Indian varnas that existed since ancient times, there was its own process of internal differentiation and specialization. Those who remained within the boundaries of the varna, but specialized in some part of those broad functions that were previously common to all members of this varna, began to differ markedly from the rest. This caused a natural fragmentation of the former four varnas into smaller divisions within them, into a kind of subvarnas, each of which united people of a similar specialty, similar occupation and qualifications, and, moreover, tended to further even narrower specialization.
Thirdly, the complexity of life circumstances constantly gave rise within each of the varnas to numerous conflicts associated with marriages or cohabitation of representatives of different varnas and with ambiguity about the varna belonging of children from mixed marriages. There was an objective need to differentiate the members of the varna into pure and mixed, and mixed into those whose one of the parents was a representative of a higher or lower varna, or even a person who generally stood outside the varna system.
Finally, the presence in society of a certain number of inferiors, including foreign slaves who stood outside the varnas, as well as those who were mainly engaged in heavy and unclean work, also led to the formation of groups of people connected by the commonality of their hard lot, the closeness of their social status and professional classes. It is worth adding to this that in the backward regions of India, in its jungles, tribes continued to exist, not yet familiar with agriculture and cattle breeding, who lived by hunting, fishing and gathering. All of them also needed to find some place in the general system of closed class groups.
All these and some other facts played a significant role in the transformation of the ancient system of varnas and its transformation into a more complex, fractional and strictly hierarchically organized system of castes. Caste (jati, i.e. clan) is a closed endogamous group of people, usually hereditarily employed in a certain field of activity. It was in this kind of caste that all the small specialized groups within the old varnas, as well as the newly Indianized inhabitants of the south, or representatives of the conquering foreigners who settled in India, not to mention those who were born as a result of mixed marriages, were consolidated, etc. The system of many hundreds and even thousands of castes that replaced the four ancient varnas has become much more convenient under the new conditions. Being immeasurably more flexible, it made it possible to painlessly include more and more new castes, giving each of them a certain, strictly fixed place in the general caste social hierarchy. Those who stood outside the existing castes or were born from a mixed marriage, for the time being, were a kind of candidate for inclusion in the caste system. As soon as one or another group of non-caste persons was organized into the next caste, it was included in the system, usually occupying at first the lowest place in the existing caste hierarchy. Only such an inclusion could legitimize a person's place in the general all-encompassing system of social and estate ties.
Tribes, sects, groups of persons of similar occupations could and did become castes. A special group included those who were engaged in unclean professions (slaughtering animals and dressing skins, garbage collection; working with corpses; the profession of healers, executioners, actors, etc.). They either belonged to the lowest castes, or generally stood outside the castes and were considered untouchable, that is, those whose touch is capable of defiling members of other castes, especially Brahmins. The position of the untouchables in traditional Indian society - and there were more and more of them over time - was socially worse than the position of slaves. They were shunned like lepers. They were despised. They had almost no rights and were obliged to be content with the worst living conditions, to eat almost garbage, etc.
The fundamental difference between the new castes and the old varnas was that the castes were corporations, that is, they had a clear internal organization - government bodies, mutual benefit funds, joint rituals and rituals, a certain regulation of professional activity, norms of internal and external communication, their own customs, habits , cuisine, jewelry, caste signs, etc. Castes included a much smaller number of members compared to the previous varnas, and many of them were not all-India, but regional and local groups. Like any corporation, the caste strictly guarded the interests of its members, gave each of them support, helped them find work, receive wages due to the norm, etc. All of the new features and signs listed are quite noticeably different from the caste varna. But the main principle during the transformation of varnas into castes remained unchanged: the rule formulated by ancient Brahminism and strictly guarded by Hinduism was that everyone belongs to his caste by birth and must remain in it all his life. And not only to stay, but also to choose a wife from his caste, to raise children in the spirit of caste norms and customs. Whatever he becomes, no matter how rich he becomes, or, on the contrary, he goes down, a high-caste Brahmin will always remain a Brahmin, and an untouchable Chandal will always remain untouchable. With the advent of the caste system in India, the slavery of foreigners sharply decreased and practically disappeared, but not because society supposedly overcame the stage of slavery, but simply due to the fact that all foreigners from now on were included in one of the lower castes or among the non-caste untouchables. . As for debtor slaves, their status continued to remain virtually unchanged. Slavery as an institution, in principle, did not contradict the system of castes, and the use of the labor of bonded and underprivileged people fit into its framework 6 .

4. Features of the estate-caste organization in monarchies and republics.

In the study of estate-caste organization, ancient Indian materials hold one of the central places, because they allow us to answer some questions about the origin and formation of this complex social phenomenon, to explain its many peculiar features.
It must be said that Indologists have achieved significant success in the study of this topic - a huge number of works have been published, although it must be admitted that they are not without significant shortcomings. This is due not only to methodological errors, but often to the wrong approach to the analysis of sources. Usually, scientists either base themselves on some particular monument or a group of nearby monuments, or they draw on materials that are very different in time and nature. Works devoted to the class-caste organization in a specific period of ancient Indian history, strictly outlined by chronological frames, are practically absent. To a certain extent, this situation is explained by the nature of the sources that have come down to us, the difficulty of their exact dating and the inability to correlate with a specific historical era. In texts that do not contain an indication of the time of their creation (primarily epigraphic documents), evidence on the issue of interest to us is very fragmentary, and often very unreliable.
Most studies on the class-caste structure in ancient India are based on sources (Sanskrit and much less often - Pali), reflecting mainly those really existing social institutions and phenomena that were associated with monarchical states. This is determined primarily by the fact that the class-caste organization received, as is well known, its formalization and final consolidation in the ancient class society. And there is nothing surprising that mentions of varnas are found especially often in reports on the relationship and legal norms of estate groups within a class society: for it, the monarchy is the most common form of government in antiquity.
However, it would be a mistake to believe that a modern scientist can be content with only materials on the caste structure in the monarchy.
At present, it is permissible to assert with sufficient certainty that this was a widespread, but by no means the only form of political power, and that along with it there were also non-monarchical (republican) formations that played a prominent role in political and social life. Unfortunately, the question of them, in any case, many of its aspects, remains insufficiently developed. But even those materials that are already at the disposal of researchers make it possible to reveal the specifics of the class organization of these republics. Consideration of this problem is very important not only for the history of the ganas and sanghas themselves, but also for the study of the ancient Indian estate-caste structure as a whole, because such an analysis makes it possible to understand whether a change in the form of state power had a direct impact on the estate organization of society and how it changed. the nature and relationship of varnas with each other in societies with a form of government different from the monarchy.
In other words, a comparative study of the position of varnas in monarchies and republics in the Magadhian-Maurian era seems appropriate. During that period, some features of the estate-caste system took shape, which were further developed and consolidated in subsequent eras of the country's history. This was connected, first of all, with economic and political shifts, with the formation of states (including republican ones), with the creation of a united empire. Changes in the spiritual life of society, the emergence and spread of Buddhism and Jainism, which carried new ideas concerning many issues of social life, including the class-caste organization, were also of certain importance.
Judging by the sources relating to the Magadh-Maurian era, the system of varnas had already taken shape by that time. In the Buddhist canonical work Majjhima-Nikaya, an important message has been preserved that in India, in contrast to the neighboring regions (countries) of the Yons and Cambodians, where there is only a division into free and slaves, society is divided into four more varnas. Varna's affiliation largely determined the position of a free Indian.
True, in this period, not origin, but property status, increasingly became decisive for assessing the social significance of a person. The sources of this period specifically emphasize that the possession of wealth brings honor and glory to people. The later Panchatantra (II.30-31) notes that it is this that makes a person powerful.
The Majjhima-pikaya (II.84-85) says that if a sudra increases his wealth, he has the right to hire not only another sudra, but also a vaisya, a ksatriya, and even a brahmin as a servant. According to the Vasistha-dharmasutra (XXVI.16), the sudra and vaishya are able to get rid of misfortunes with the help of property. A wealthy representative of the lower Varna could even be credited with a high origin.
Most of the information about the ancient Indian estate-caste organization is contained in the Brahmanic codes of “rules and laws” - the dharmasutras and dharmashastras, the compilers of which sought to attribute the appearance of the varna system to the will of the creator, who forever gave the Brahmins the highest place in society. These texts are imbued with the idea of the superiority of Brahmanism, its priority over all other varnas.
Buddhist and Jain writings are of greater interest for the study of class organization in the Magadh-Maurian period than tendentious Brahmin collections, but one should take into account the purely Buddhist interpretation of the issues we are considering. Contrary to the Brahmanical doctrine of the difference between people by birth, Buddhism put forward the principle of the equality of people by birth and the acquisition of spiritual merit by them. It is no coincidence that this doctrine received the support of the Kshatriyas, in whose hands the actual power was concentrated, but who, according to the traditional scheme, occupied a lower place compared to the Brahmins in the general system of varnas, as well as some Vaishyas (rich merchants and artisans) and Shudras, who sought to take in society position corresponding to their actual property status.
Megasthenes provides important information regarding the class-caste organization. He identifies seven groups in Indian society that differ in status, legal norms, and place in political and social life: sages (philosophers), farmers, shepherds and hunters, artisans and merchants, warriors, overseers and senior officials. The groups of the Seleucid ambassador are not identical to the Indian varnas: the main indicator underlying his classification is professional affiliation, however, his scheme included representatives of all four varnas (it was adopted with some changes by many ancient writers who used his work).
It can be assumed that Megasthenes' data appeared as a result of his personal observations, as well as acquaintance with information received from local brahmins. It is no coincidence that the first on his list are the sages (philosophers). From the descriptions of Megasthenes, it follows that in the era of the Mauryas, the Brahmins retained a rather high status and sought to maintain their positions and privileges. Their influence was significant in the sphere of ideology and cult. They, according to him, were respected, as they made sacrifices to the gods and performed magical rites: “No one else, except for a sage, is allowed to engage in divination and prediction of the future” (Ind.XI.4).
The brahmins also acted as advisers to the ruler: “They are all used together by the kings in the so-called great council, to which the sages converge at the beginning of each new year in the royal palace, and everything that each of them invented or noticed useful for state institutions is set forth here. publicly". Similar evidence has been preserved by Indian sources. Judging by the Arthashastra (1.10), a purohita usually emerged from among the Brahmins - a royal priest and mentor, whose role at court was very noticeable. (His salary was 48 thousand pans.).
The Buddhist texts say that the ideal for a Brahmin is to be an ascetic without property. Perhaps such a position was an indirect evidence of the struggle against the Brahmins, who owned large tracts of land and sometimes even carried out large trading operations. The following words are attributed to the Buddha: “Formerly, the Brahmins lived in the forests and led a modest lifestyle, and now they live in fortified places that are guarded by armed people.” The Jatakas (I.425) tell of brahmins who are addicted to wealth.
There are materials about the participation of Brahmins in court and that they could be senapati - army commanders. Moreover, the Jatakas sometimes mention Brahmin kings, although even according to the Brahmin "laws" the management and protection of subjects were the prerogative of the Kshatriyas.
It is significant that Patanjali, who lived in the II century. BC e. and well acquainted with the situation in the Kshatriya republics, he believed that the Brahmins in the state (obviously, the monarchy is meant) belong to the leading role.
Thus, despite the fact that the theory of the superiority of the Brahmin varna in the Mauryan era was to a large extent a reflection of traditional ideas and the actual power and political dominance was exercised by the kshatriyas, the importance of the Brahmin class in the monarchies was very great.
And yet, the new conditions associated with the development of the economy and the growth of cities (which led to the strengthening of handicraft and trade strata - judging by the grhyasutras, the Brahmins retained influence mainly in the villages and avoided city life), with the decline in the authority of Brahmanism due to the spread of Buddhism, could not but affect his status.
The sources contain many examples that testify to the departure of the Brahmins from traditional occupations. Brahmin "laws" (Apastamba, I.7.20; II.5.10, Gautama, H.5; Manu, H.82) allow them to engage in agriculture, cattle breeding, and trade. The Anguttara Nikaya (III.223) speaks of the Brahmins who used "every means to sustain life." Jatakas mention brahmins cultivating the land, shepherds, hunters, merchants, artisans. The Samyutta Nikaya (I.170-171) tells of a Brahmin who once owned a sesame farm, but then became impoverished and found himself in debt. In accordance with the Shastra laws, the Brahmins were to be exempt from taxation, but sources report that they paid taxes, about severe penalties that could be applied to a Brahmin. The author of the Arthashastra recommended that he be drowned if he encroached on state power and organized a rebellion (IV.II), branded in the form of a dog if he committed theft, and in the form of a headless body if he killed a person (IV.8): “Brahman who has committed a crime and is wearing a wound from the brand made, the sovereign must expel him from the country or place him to work in the mines ”(IV. 8). Buddhist writings more than once enumerate punishments and cite cases of the death sentence being passed on a Brahmin.
Of course, the decline in the role of the Brahmins in the Magadh-Maurian era did not mean that they completely lost their influence and their privileges. True, in the political and ideological spheres (under the rule of the Kshatriyas and the strengthening of Buddhism) they had to moderate their claims, but in the economic and social spheres they to some extent retained their positions.
Political power was concentrated in the hands of the kshatriyas, whose role, as already noted, increased markedly during the creation of large states and a united empire. The importance of the kshatriyas was especially great in the republics, but they also occupied a leading position in the monarchies. In Buddhist writings, they are always given a place ahead of the Brahmins. In a conversation with the brahmin Ambattha, the Buddha stated that they are superior to the brahmins, that they are the best of the four varnas, and no one can compare with them in purity of origin. In one of the Jatakas (1.49), the Buddha is quoted as saying that Buddhas were never born in the varna of Vaishyas or Shudras, but only in the varnas of Kshatriyas or Brahmins. "And since the Kshatriya varna is now the highest, I will be reborn as a representative of this varna." He himself, according to legend, came from a Kshatriya family.
As a rule, the kshatriyas were kings, who were entrusted with ensuring order in the country and observing the "laws of varnas", as well as major government officials.
Their political power was supported by an appropriate economic base. Many of them owned large estates.
Giving an explanation of the word "kshatriya", "Digha-nikaya" (III.92-93) and Buddhaghosa (Zit. III.870) interpret it as "the owner of the fields"; kshatriyas are not only a title, they are the owners of the fields.
etc.................

Federal State Educational Institution of Higher Professional Education “Academy of Russian Ballet named after A.Ya. Vaganova"

EXECUTIVE FACULTY

Specialty - choreographic art

ESSAY

According to world history

on the topic:

Varna social system of ancient India

Introduction ................................................ ................................................. ....3
Historiography................................................. ...........................................4
Main part
1. The history of the formation and description of the varna social system .............................................. ................................................. ...........5
2. Significance of the caste social system in the history of ancient India.................................................................. ................................................. ..........eight
Conclusion................................................. ................................................. ........ten
List of references .............................................................................. .........eleven

Introduction

The first Neolithic settlements in the foothills of the Indus Valley date back to the 6th-4th millennium BC. e., the centers of urban culture originated in India around III millennium BC, and Harappan is considered to be the first ancient Indian civilization. However, there is practically no information about it, largely because the writing of that period has not yet been deciphered. The further development of the culture of the Hindustan peninsula predetermined what began approximately at the beginning II millennium BC the migration of the Indo-Aryan tribes to the Ganges River valley, the cause of which is still little known. It was during the period of the Vedic civilization, the culture of the Indo-Aryans, which lasted until V in BC, which is associated with the Vedas, the earliest sources of history of india , for the first time there is a division of society on a generic basis. This division intensified during the Mauryan Empire, the first great Indian empire.

Although signs of a caste social system are attested in many peoples, India provides us with one of the most striking examples of this organization.

Historiography

The scientific study of the history and culture of India began in the middle XVIII century. It was then that Sanskrit attracted great interest, the study of which was actively taken up by English and German scholars who translated some of the most famous works of ancient Indian literature into European languages. The pioneers of Indology are consideredHenry Thomas Colebrook, William Jones , August Wilhelm Schlegeland others, the first Russian Indologist is G.S. Lebedev, who compiled a description of the life and customs of the Indians and the grammar of Hindustani.

The origin of Indian epigraphy took place in the first half of XIX century, and the first archaeological excavations were carried out only at the end of the century, after A. Cenningham compiled an archaeological map of India. AT XX century, when systematic excavations began, the English scientists Marshall and McKay and the Indian archaeologists Sahni and Banerjee, as well as many others, discovered the ruins of ancient cities in the North-West of the country.

Since the very emergence of Indology, several different schools and directions have developed in this science. Many works of Western European scholars are characterized by Eurocentrism, while the Russian school of Indology, which has made a great contribution to modern Indology, is characterized by an objective and strictly scientific approach. On the edge XIX – XX centuries, the emergence of interest in the study of one's own history in India was associated with the beginning of the struggle for independence.

Today, the history of the Indian state is attracting more and more attention, because unanswered questions continue to exist and multiply, new facts, new unexplored materials appear.

The history of the formation and description of the Varna social system

The word "caste" in Portuguese means "kind, quality", it began to be used whenPortuguese in the 16th century penetrated into India and got acquainted with the Indian social organization. Initially, in India, there were groups that were designated by the word "varna", which corresponds to the concepts of "type", "category". Since ancient times, this word has been used to contrast the main social strata. That the division of society originates at the end II - early I millennium BC, can be judged from the information from the Rig Veda, one of the four Hindu religious texts, a collection of religious hymns, compiled approximately in 1700 - 1100 years. BC, the oldest monument of ancient Indian literature and the oldest religious text in the world. Despite the fact that in the original version of the Rigveda there is no direct mention of varnas, this collection already speaks of the existence of priests, nobility and common people, although this division is not yet rigid and is not controlled.

And only in the late hymn from the Rigveda, in X The mandala, in the famous Purusha Sukta, contains the myth that the four varnas originated from the first man Purusha. From the mouth of Purusha came the highest varna - "Brahmins", these are the priests who were supposed to serve God, from the hands came "Kshatriyas", military men, generals, from the hips - "Vaishyas", artisans, farmers, cattle breeders, and from the feet came the lower varna - "Shudras", a layer of poor and deprived people. It is believed that the three highest varnas were genetically related to the Aryans and therefore were called "twice-born", which gave them the right to the rite of "second birth", that is, the rite of initiation. It was held in childhood and was accompanied by the wearing of a lace around the neck, the color of which corresponded to the position in society, and subsequently provided training in the profession and occupations of the ancestors, which would then allow one to become a householder.

A later description of the varnas is given in Manu-smriti, also known as the Laws of Manu. This document is a set of laws and rules of ancient India, which covers such aspects as the social system, property and family relations, as well as crimes and punishments. The text does not have an exact date, but there are suggestions that the drafting of laws in it is limited to the time frame from the 2nd century BC. until the 2nd century AD It is believed that after the collapse of empires Mauryan and Shunga there was a period of social instability, the influence Brahmins was under the threat of non-Vedic movements, so the above document and other Dharma-shastras (rules) were the reaction of the brahmins to these threats. The Laws of Manu details the creation of the four varnas and the significance of each in society:

“And for the sake of the prosperity of the worlds, he [Brahma or Brahma is one of the three highest gods of Brahmanism and Hinduism, the creator god, the creator of the Universe and its personification and soul. Usually depicted as four-faced, four-armed, sitting on a swan] created from his mouth, hands, thighs and feet, respectively, a brahmana, a kshatriya, a vaishya and a sudra. And in order to preserve this entire universe, he, the bright one, established special occupations for those born from the mouth, hands, thighs and feet. Education, study of the Vedas, self-sacrifice and sacrifice for others, giving and receiving alms, he established for the brahmins. The protection of subjects, the distribution of alms, sacrifice, the study of the Vedas and non-adherence to worldly pleasures, he indicated for the kshatriya. Herding cattle, and also giving alms, sacrifice, studying the Vedas, trading, usury and agriculture are for the vaishyas. But the lord indicated only one occupation for the Shudras - serving these varnas with humility.

The transition from one varna to another was absolutely impossible, strict endogamy was established (marriages between representatives of one varna): “For a sudra, a sudrian woman is prescribed, for a vaishya, a sudrian woman and her varna, for a kshatriya, both of them and her varna, for a brahmin, those three, as well as her varna. The twice-born who foolishly marry low-born women quickly degrade families and descendants to the position of sudra.". All professions were hereditarily fixed, the laws of the way of life of each of the varnas were formulated in dharmas, there was a different degree of punishment for causing harm to more or less noble subjects.

Varna was controlled by the Kshatriyas, it arose as a result of wars, eventually becoming the ruling one. Unlike the varna of the Brahmins, it was not so closed. But despite this, the Brahmins occupied the most honorable place in society:“Of living beings, the animate are considered the best, among the animate - rational, among rational people, among people - brahmins.The very birth of a brahman is the eternal embodiment of dharma, for he is born for dharma and is meant to be identified with Brahma. Everything that exists in the world is the property of a Brahmin; because of the superiority of birth, it is the brahmana who has the right to all this. Brahman eats only his own, wears his own, and gives his own; because other people exist by the grace of a brahmana"("Laws of Manu"), they were called " avadhya "- inviolable. An important feature of the position of the Brahmins was that they could not be executed, the most significant punishment could only be exile.

It is assumed that the Shudra varna arose as a result of more frequent wars, initially those people who, by ancestry, did not belong to any varna, were included in it. The rights of the Shudras were much more limited than the rights of the rest: as it was said earlier, all that a Shudra could do was to serve more noble people, they were not allowed to solve public affairs, did not participate in a tribal assembly, the Shudras were initially forbidden to accumulate wealth, they did not have the right to study the Vedas and participate in rituals and religious practices on an equal basis with representatives of other varnas.

The Significance of the Varna Social System in the History of Ancient India

So, for example, we can say that the division of society in ancient India influenced the creation of one of the most important components of the social and economic system - the rural community, because the most numerous varna were vaishyas. The structure of the rural community was multilayered, since the process of property differentiation deeply penetrated into it: there was an elite that exploited slaves and hired workers and ordinary community members who themselves worked on their plots. Also, the community was in a certain way independent in its internal affairs: free residents gathered for meetings and resolved various management issues.

The existence of a division into varnas led to a specific model of slavery. Unlike other states of the Ancient East, slave labor did not play a significant role in the decisive sectors of the Indian economy. There was no opposition between free and slaves in the laws, castes obscured the classes. A feature of ancient Indian slavery was the presence of state legislation aimed at limiting the arbitrariness of the owner in relation to slaves. For example, it was forbidden to sell child slaves without parents; the master, when using the labor of a slave, was obliged to take into account his caste position. Slaves could have families, property, the right to inherit.

Conclusion

The varna system not only did not disintegrate over time, but, acquiring new ranks, more fractional divisions, having undergone many changes, it existed for several millennia and still exists today.

It is precisely due to the uniqueness of the varna system that its formation and features are still the subject of close interest of historical science.

List of used literature

Z.M. Chernilovsky, V.N. Sadikov. Reader on the general history of state and law.
K.I. Batyr. General History of State and Law.
L.S. Vasiliev. History of the East.
O.A. Zhidkov, N.A. Krasheninnikov. History of the state and law of foreign countries.
K.A. Antonova, G.M. Bongard-Levin, G.G. Kotovsky. History of India.
N.V. Zagladin, N.A. Simony. General history from ancient times to the end 19th century
L.B. Alaev. Medieval India.
Free Internet encyclopedia "Wikipedia". http://ru. wikipedia.org.

The work was done by a student 6/ I A course Khoreva Maria Vladimirovna

Supervisor _______________________

teacher T.I. Pelipenko

In ancient India, the concept of law as a set of independent norms governing social relations was unknown. The daily life of the Indians was subject to rules established in norms that were more ethical than legal in nature. At the same time, these norms bore a bright imprint of religion. The norms that determine the behavior of people in their daily lives (dharmas) were contained in collections - dharmashastras. The most famous dharmashastra in our literature is the laws of Manu (they bear the name of the mythical progenitor of people, Manu).

The laws of Manu consist of 2685 articles written in the form of couplets (slokas). A few articles, contained mainly in chapters VIII and IX, have a directly legal content (there are 12 chapters in the laws). The main thing in the laws of Manu is the consolidation of the existing varna system. These chapters describe in detail the origin of the varnas according to religious teachings, indicate the hereditary-professional nature of the varnas, determine the purpose of each varna, the privileges of the higher varnas. A feature of the laws of Manu is the religious coloring of all his provisions.

At the time of the creation of the laws of Manu in India, the difference between property and possession was already well understood, and considerable attention was paid to the protection of private property.

The laws indicate seven possible ways in which property rights arise: inheritance;

receiving in the form of a gift or find;

conquest;

usury;

performance of work;

receiving charity.

At the same time, it was emphasized that the first three methods were available to all residents, the fourth - only for kshatriyas, the fifth and sixth - only for vaishyas, the seventh was the privilege of the brahmins. Although, of course, in life this was not always strictly observed.

In ancient India, such a method of acquiring property rights was also known, as by prescription of ownership (10 years). At the same time, it was emphasized that only with legal confirmation did a person turn from an owner into an owner. It was possible to acquire a thing only from the owner. It was forbidden to prove ownership by reference to good faith possession. If a stolen item was found in a bona fide purchaser, it was returned to the former owner.

Among the main types of property, laws name land. The country's land fund consisted of royal, communal, and private lands. For the illegal appropriation of someone else's property (someone else's plot of land), a heavy fine was imposed, and the person who appropriated someone else's land was declared a thief.

It was forbidden to interfere in the affairs of the owner. The laws of Manu say that if a non-owner of a field sows someone else's fields with his own seeds, then he has no right to receive a harvest. Only the owner of the land himself decided the issue of his land, which he could transfer, donate, mortgage, lease. The laws of Manu also protect movable property, the most significant of which were slaves, livestock, inventory.

The laws of Manu mention the consideration of litigation regarding the boundaries between communities, community wells, canals. When considering these disputes, first of all, the opinion of relatives and neighbors was taken into account. They also had the right to preferential acquisition of land. Thus, the community, which played a significant role in social relations, sought to limit private land ownership.

Obligatory relations have received a rather thorough development in the laws of Manu. Basically, the laws talk about obligations from contracts. One of the most ancient agreements, the loan agreement, is described in most detail. The law firmly establishes the inviolability and continuity of debt obligations. If the debtor could not pay the debt on time, he had to work it off. At the same time, a creditor belonging to a lower caste could not force a debtor belonging to a higher caste to work off the debt. A person of higher birth than the debtor repaid the debt gradually. It was allowed to obtain a debt with the help of force, cunning, coercion. After paying the debt with interest, the debtor became free. In the event of the death of the debtor, the debt could be transferred to the son and other relatives of the deceased.

In the Mauryan era, the labor of free hired workers (karmakars) was widely used, so the laws of Manu pay considerable attention to this type of contract. According to their varna affiliation, the hired workers were mainly Shudras, but probably among them were also ruined free community members and artisans who belonged to the Vaishyas. Karmakars engaged in agricultural work received 1/10 of the crop, in cattle breeding - 1/10 of butter from the milk of cows that they looked after. The terms of the contract depended on the employers. Failure to comply with the contract entailed a fine, and the salary of the guilty was not paid. If the non-performance of work was due to illness and, having recovered, the hired person did the work, he could receive a salary even after a long time.

Was known in ancient India and the land lease agreement. This agreement acquires significance and becomes widespread in connection with the penetration of the process of property differentiation into the community. The ruined community members, who lost their land, were forced to rent it.

The sale is one of the contracts mentioned in the laws of Manu. The contract was considered valid if it was made in the presence of witnesses and the owner of the thing had to act as the seller. The law establishes certain requirements for the subject of the contract and prohibits the sale of poor quality goods of insufficient weight. Within 10 days after the purchase and sale, the transaction could be terminated without any good reason. The peculiarity of this treaty for India was that there was a restriction on human trafficking. At the same time, trade was seen as an occupation not for the upper castes.

The laws of Manu were also aware of the obligations due to the infliction of harm. Damage to property (damage to crops by livestock in a fenced area, loss of an animal by a shepherd), damage caused by the movement of a wagon through the city is called as the basis for the emergence of such an obligation. At the same time, the perpetrator had to compensate for the damage caused and pay a fine to the king.

Ancient India is characterized by a large patriarchal family. The head of the family is the husband. The woman was completely dependent on her husband and sons. Marriage was a property transaction, as a result of which the husband bought his wife, and she became his property. The marriageable age was set for girls - 12 years, boys - 16.

The laws of Manu define the position of a woman as follows: in childhood she was supposed to be under the rule of her father, in her youth - her husband, after his death - under the rule of her sons, for "a woman is never fit for independence." The laws of Manu directly require a wife to honor her husband as a god, even if he is devoid of virtues. And although the laws of Manu, as the highest dharma between husband and wife, proclaim “mutual fidelity to death,” a husband could have several wives, he could divorce his wife. The wife could not leave the family. Even if her husband sold her and left her, she continued to be considered his wife. For adultery, the wife was subjected to terrible punishments, up to the death penalty. According to tradition, the wife had to belong to the same varna as the husband. The possibility of mixed marriages was limited. Dharmashastras establish clear religious and legal boundaries between Brahmins, Kshatriyas, Vaishyas and Shudras, based on numerous religious and ritual restrictions, prohibitions, and prescriptions. For each varna, its own dharma, the law of the way of life, was formulated. State administration remained under the jurisdiction of the first two varnas. Entire chapters of dharmashastras are devoted to strict regulation of people's behavior, their communication with each other, with representatives of the so-called "untouchable" castes, standing outside the varnas of Indian society, rituals of "cleansing" from "pollution" in such communication. The severity of punishment for committing certain crimes is determined in dharmashastras in strict accordance with belonging to one or another varna.

Also omnipotent was the power of the father over his children. All family property was common property, but managed by the head of the family. After the death of the parents, the property was either divided between the sons, or remained with the eldest son, who became the guardian of the younger brothers who remained in the house. Daughters were excluded from inheritance, but the brothers had to give them 1/4 of their share for dowry. Inheritance by will ancient Indian law did not know.

The criminal law presented in the laws of Manu, on the one hand, is distinguished by a rather high level of development for its time, which is manifested in the indication of the forms of guilt (intention and negligence), recidivism, complicity, the severity of the crime, depending on the affiliation of the victim and the perpetrator to a certain varna. On the other hand, laws reflect the preservation of vestiges of antiquity, as evidenced by the preservation of the principle of talion, ordeals, the responsibility of the community for a crime committed on its territory if the offender is unknown.

Among the crimes called the laws of Manu, the first place is occupied by the state. As an example, we can name the service to the enemies of the king, the breakdown of the city wall, the city gates. Laws do not provide a complete list of this type of crime, which is a characteristic feature of all ancient codifications.

Among property crimes, the laws pay great attention to theft, calling on the king to curb thieves. It should be noted that the laws clearly distinguish between theft as secret, theft of property from robbery committed in the presence of the victim and with violence applied to him. The measures applied to the thief depended on whether he was detained at the scene of the crime or not, whether the theft was committed during the day or at night. Caught with stolen goods and thieves' tools, the laws prescribe execution without hesitation. Thieves who steal at night, the king should cut off both hands and put on a stake. At the first theft, two fingers were cut off, at the second, an arm and a leg, and at the third, the death penalty was imposed. Persons who saw the theft but did not report it were also punished; the concealer of a thief suffered the same punishment as if he himself had stolen.

The laws of Manu condemned all violence committed against a person, and considered the rapist a worse villain than the scolder, the thief and the one who hit with a stick. Violence included both murder and bodily injury. Intentional murder carried the death penalty. Murder in self-defense, protection of sacrificial gifts, in the protection of women and a brahmin (necessary defense) was not punished.

Quite a few articles are aimed at strengthening family relationships. The laws establish severe punishment for adultery, for infringement on the honor of a woman.

At the same time, when determining the punishment for bodily harm and insults, the class essence of ancient Indian law is quite clearly visible, since the punishment depended on the affiliation of the perpetrator and the victim to one or another varna.

Among the types of punishment should be called the death penalty (for a Brahmin, it is replaced by shaving the head) in various versions: impalement, burning on a bed or a fire, drowning, baiting with dogs, etc .; self-mutilating punishments (cutting off fingers, hands, feet); fines, exile, imprisonment - this is not a complete list of punishments.

When imposing punishment, the personal status of the offender and the victim (sex, age, varna, etc.) was taken into account. As a rule, the perpetrator's belonging to a higher varna mitigated the responsibility. However, in the case of theft, the reverse principle worked. Brahmin paid the most significant fine.

Manu give a general idea of the judicial process of that time. There was no separation of the court from the administration. The Supreme Court was ruled by the king with the Brahmins. There was no difference between criminal and civil proceedings, the process was adversarial. Laws name grounds for consideration of claims. This is non-payment of a debt, mortgage, sale of someone else's, complicity in a trade or other association, non-payment of salaries, violation of an agreement (dispute between the owner and the shepherd; dispute over the border, slander and insult, theft, violence, adultery; division of inheritance, dice and beating about a mortgage). There were eighteen litigations in total. The cases of the litigants were considered, following the order of the varnas.

Testimony was the main source of evidence. Laws govern their use in great detail. The value of the testimony corresponded to the fact that the witness belonged to Varna.

People of lower varnas cannot testify against people of higher varnas. The testimonies of "slaves, relatives and children" are "unreliable", and therefore it is better not to resort to them. In case of disagreement between an excellent and a good witness, the testimony of an excellent one, etc., should prevail.

Later, due to the decline in the role of free community members in public life, the Vaishyas began to differ little from the Shudras, and the dividing line began to pass between the nobility - Brahmins and Kshatriyas, on the one hand, and the common people - Vaishyas and Shudras - on the other.

According to the Laws of Manu, Vaishyas and Shudras should not be allowed to deviate from their prescribed functions, otherwise chaos would reign in the world. Hence, in the ancient texts, the natural conclusion was drawn that the kshatriyas cannot prosper without the support of the brahmins, and the brahmins cannot prosper without the support of the kshatriyas. Only in alliance with each other can they succeed and rule the world.

Thus, within each varna, social inequality developed, a division into exploited and exploiters, but caste, communal, large-family boundaries, sealed by law, religion, held back their merging into a single class community. This created a special diversity of the estate-class social structure of Ancient India.

The specifics of the social system of ancient India was a rigidly fixed division of people into closed groups, which were called "Varnas", which means "a category of people, qualities, color, etc." Such a division is not found in other states of the East. Most scientists associate the appearance of varnas with the Brahmin religion. In accordance with religious beliefs, and then state acts, people are born and belong all their lives to one of the 4 varnas. Varnas are closed and hereditary groups of people. Each varna was endowed with a different scope of rights and duties. The rules of behavior for members of different varnas were called "Dharma". Its violation caused religious and moral condemnation and often had legal consequences. The whole life of a Hindu was determined by belonging to the varna, that is, profession, position, size of the inheritance, the severity of the punishment, his name, clothes, diet. One of the legends says that from the mouth of the first man arose the varna of priests, which was called the Brahmans, from the hands - the varna of warriors and administrators, which was called Kshatriya, from the thigh - the varna of community members, which was called Vaishii, from the feet - the varna of the poor and deprived, which called Shudra.

The first 3 varnas were associated with the Aryans and were considered honorary. They were called “Twice-born”, since in childhood they were treated with the rite of the second birth, which was called “Initiation”, which gave them the right to receive a profession, the occupation of their ancestors, etc.

Brahmins they had to study the sacred books, which were called the "Vedas", educate people, and perform religious rites. They should be surrounded by special honor, they should be consulted by the king. The life and property of the Brahmins was fully protected by the state.

Varna kshatriyas formed on the basis of the tribal military nobility. The military and state nobility are formed from them, the king should come from among them. They also owned large tracts of land.

Varna vaishii included the working population. They did not have the privileges that were granted to the higher varnas, but they belonged to the twice-born and sharply differed in position from the varna of the Shudras.

Shudra are the descendants of the Dravidians. Shudras were the most disenfranchised varna. Religion and law created a high gulf between the Shudras and the twice-born. They could not study the Vedas, participate in religious rites, they did not own land and were subjected to the most severe punishments.

Over time, changes occur in the position of the varnas:

The status of the Vaishia varnas is decreasing, and they are losing their Aryan privileges, including the rite of rebirth. The status of the Shudra varna increased somewhat.

The accession to the state of new tribes led to the fact that they were included in the Shudra varna. This aroused the resistance of the tribal nobility.

The number of Kshatriyas who died during numerous wars is decreasing. The number of brahmins who begin to engage in uncharacteristic activities has increased.

These processes led to the emergence of smaller divisions within the varnas, which were called castes. This is how the caste system began to take shape, which continues in India to this day.

A caste is a group of people employed in a particular area of activity. Their difference from the varnas was that they were professional corporations with a clear internal organization, that is, they had their own governing bodies, mutual funds, their own rituals, etc. However, to the caste, as well as to the varna, people belonged from birth to the end of their lives. There were more than 2,000 castes in ancient India. There were two more population groups that were outside the varno-caste system:

Slaves. Slavery was patriarchal. There were several categories of slaves depending on the source of slavery. Self-sale into slavery was prohibited for representatives of the first three varnas. The position of slaves in India was somewhat better compared to other states: they could have a family, property, it was forbidden to kill them, there were restrictions on punishments.

The untouchables, who were called "pariahs". Their status was determined by religious beliefs about the impurity of certain objects and professions, that is, they were engaged in fishing, slaughtering animals, garbage collection, etc. Their situation was worse than some categories of slaves.