The so-called equality, more utopian than real, dear reader, you will not find anywhere else. Each person is no less important than the other, only everyone should do their own thing and lead an appropriate life, take their place in it. We can observe this even with early childhood, is the place, features and circumstances of birth. And in the future, take a closer look at the life around you and you will see that social, financial, physical conditions are different for everyone living in one state. Thus, from ancient times and among all peoples, a division of the people into estates appeared, stretching to our times and not only in India. It's just that in India it is part of their culture and religion and they talk about it honestly as it is, while in Christian and democratic Europe with America, everyone is allegedly equal and has the right to vote, etc. etc., which is far from the truth.

It is known that blasphemy and abuse against a person will return with time and not such terrible consequences as swearing at the Hierarch, Teacher, Saint. Why do we meet in life more influential people and less, and the influence is not of status in society, but the recognition by most people of the authority of the individual, or vice versa.

From the above, it is not surprising that since ancient times society has constantly divided people into different types and there are many such systems. We are also interested in the caste division of society, tested by time and considered quite accurate. All, more than seven billion people, can be divided into four castes and not included in the "untouchable" caste system, in any state, even among ants and bees.

All Schools of the Spirit, esoteric schools and orders of knights, Freemasons and other secret societies have their own hierarchy and circles of initiation, corresponding to the level of development. Like any mundane serious organization, any business from serious firms to corporations implies a hierarchy, a circle of dedication and permission.

Such a preface for all defenders of humanity and human rights around the world!

The history of the emergence of castes

It is believed that Varnas, which later became castes, originate from Brahma himself, who created them from parts of his body. As shown in the picture above, the mouth speaks what is unquestioning and the hands are warriors for the embodiment of what the mouth says. Hips - movement, vaishyas provide social conditions for society, and finally shudras - these are feet that are in contact, it happens with impurities.

So, varna is an estate, in the literal sense of the word it means color. Each varna has its own color:

1. Brahmins - white;
2. Kshatriyas - red;
3. Vaishya - yellow;
4. Shudras are black.

Initially, to which varna the newborn was assigned was decided by the sorcerers, the priests, as his spiritual development progressed. They saw all his past lives and inclinations in this and after determined his spiritual status and, accordingly, social. Each varna had its own differences in upbringing and training, according to the purpose. Over time, varna was determined by the fact of birth - inheritance.

This is what the arias brought them, they first began to pass on by inheritance, and then as they grew public relations varnas began to be called castes, depending on the specialization within the professional framework.

Below we will consider Varnas, of which there are four, and not castes, especially modified in modern India.

Untouchables

There is also such a caste that is not included in the four castes of society, since people in this caste are considered outcasts of society, the name itself speaks for itself. They are eliminated from all social relations. They perform the most dirty work: cleaning the streets and toilets, disposing of dead animals.

The untouchables were forbidden even to step on the shadows of representatives from higher castes. Only not so long ago they were allowed to enter temples and approach others from higher castes.

Shudra

When a person is born for the first time in human form, he does not have a powerful intellectual apparatus. No life experience human body and therefore, apart from the body, he has not yet worked out anything. This most numerous caste contains irresponsible people who do not want to take responsibility, are not independent. They cannot stand up for themselves and choose an occupation in life, but are ready to follow someone's orders and be hired workers.

Their level of consciousness is at the level of the muladhara chakra, which personifies survival, their life is connected with problems, tensions, struggles. Shudras, in order to improve their lives, will think only of themselves and ignore the consequences or look at the world unrealistically.

The ultimate dream of a sudra is the acquisition of sensual pleasures - a large fortune or a post with a high income.

Insatiability inherent in the Shudras, reaching greed, from which envy grows towards everyone and everything. And in all likelihood, he has no desire to change.

This is a caste of laborers and servants, they are engaged in hard and monotonous work, which does not require much straining of the mind, most often they live below the poverty line. They can marry divorced women. Shudra caste is a more capacious and broad concept, from a person engaged in the most difficult and dirty work, to a master, an artisan who has his own workshop.

Vaishya

Vaishis can notice the needs of the surrounding society and want to satisfy them, with the obligatory benefit for themselves. They tend to do this and are very suitable for the market perception of life: "Demand creates supply." They meet people by their clothes, and see them off by the contents of their wallet. All relationships are built from a position of personal gain. Vaishas interact with the world at the level of consciousness of the svadhisthana chakra, which corresponds to comfort and prosperity.

This caste includes merchants, shopkeepers, usurers, farmers, cattle breeders. It included the majority of the population. Although they were considered lower than the Brahmins and Kshatriyas in social terms, they already belonged to the twice-born *. By the beginning of the Middle Ages, the division of labor led to the formation of many podcasts among the Vaishas, ​​in connection with which the castes of farmers and pastoralists were perceived as Shudras. This later played a role that only merchants and bankers began to relate to Vaishas.

Kshatriyas

Kshatriyas are warriors with consciousness at the level of the manipura chakra, which gives them possession, according to the awareness of this center, of the qualities of character: self-discipline, self-control, purposefulness, this allows them to act effectively. A sense of duty is very developed in his life, and not in idle reasoning. Dignity and honor are dearer to a kshatriya than his own life. Kshatriyas are warriors, kings, commanders, managers of all hypostases.

A kshatriya is able to give up profit or gold for the sake of such high feelings as love, friendship, an objective outlook on life, impeccability and honor. What, for example, a vaishya cannot understand.

Brahmins

Brahmins are the highest caste, consciousness is at the level of the upper collective chakras: anahata, vishuddha, ajna and sahasrara. The task of a brahmana is to achieve complete liberation in this life. They support the relationship between the subtle (Creator) and the material worlds. Brahmins take responsibility for all of humanity. All the Great Teachers belonged to the Brahmin caste.

Now brahmins are religious and public figures, poets, writers, scientists and people of other creative professions. According to the Vedas, a person in social terms goes through the path of development from a sudra to a brahmin. This happens according to certain natural processes and such growth is inevitable.

Cast Features

The consciousness of the sudra strives for sensual pleasures that correspond to the vibrations of the svadhisthana-chakra, only the level of consciousness of the sudra is in muladhara, which means it is preparing for a higher level.

Vaishya hones the skill of self-control for profit, which also corresponds to the vibrations of a higher center - the manipura chakra.

A kshatriya with a level of consciousness of the manipura chakra assimilates vibrations of higher energy centers, according to the collective level of consciousness. His everyday sphere of activity is wider than individuality, objectivity is already necessary.

Cast features:

• • Brahmins only accept gifts, but never give
  • Shudras can own more massive land than vaishyas and be much more influential.
  • Shudras from the lower layer practically do not use money: they are paid for their work with food and household appliances and accessories.

From this article you will learn what varnas are. How are they related to castes and do they exist in modern times?

Almost all countries of antiquity were divided into estates. In the 15-16 centuries. BC. in ancient India, this division was especially pronounced as a result of the strong organization of communities and the remnants of tribal life that were not inferior to them in stamina.

The class principle determines the essence of the varna system. Let's figure out what varna is.

Historically, Ancient India began to take shape as a slave state. With its final formation, the division of all the free into four varnas was declared the only legal one and sanctified by religion.

Closed estates

The meaning of the term "varna" is defined in Sanskrit as "color, light", "kind", "category" of people.

Two variants of what varna is are recognized.

• Varna - "color, light" - is used to refer to the Aryans. They had blue eyes and fair skin. The local tribes had black skin.
• Varnas are interpreted as closed groups that were formed as a result of the division of labor.

Varnas in Ancient India:

• brahmins (priests);
• kshatriyas (warriors);
• vaishyas (traders, farmers, herdsmen);
• sudras (servants).

The supreme varna is the Brahmins. They acted as priests. Studied holy books, Vedic hymns. Participated in the administration of the state, developing laws and instructions.

The next most important varna is the kshatriyas. This included the professional military. The varna system determined their duties and powers. The kshatriyas were the collectors of taxes and duties. They received at their disposal war booty and captured slaves.

The third varna is the vaishyas. These are farmers, artisans, peasants and merchants. They were full members of the community.

The fourth varna is the sudras. These are ruined peasants outside the community, former slaves, strangers. They were meant to serve.

castes

What are varnas, castes, classes in Ancient India? This is still a topic of discussion among Orientalists.

Over time, each varna was stratified into rich and poor. But the strong ties of the family, the community supported the law and religion. This hindered the emergence of classes.

Despite the fact that the ancient Indian state was a slave-owning state, the laws do not oppose slaves and free people. Castes have practically supplanted classes.

Castes are ethnic groups, and communities by profession, and military clans, and religious communities.

Varnas and castes are reflected in the state constitution of India. Depending on which varna a person belongs to, his rights and obligations depend. Caste is reflected in family law.

The occupations of people did not always correspond to their castes. Therefore, the castes were divided into many podcasts.

Castes today

In official censuses, which are held every ten years, the column on caste has been removed. The last time a census containing this item was taken in 1931. Then they counted about 3000 castes. It is not necessary that all existing podcasts have been taken into account.

The constitution of India is the largest in the world. Mahatma Gandhi, during the transition of India to independence, could not abolish the system left by the ancestors.

The Constitution retained laws on caste and tribe, although caste discrimination was abolished.

Universal suffrage only strengthened the collective spirit and cohesion of the castes.

Politicians use caste interests to win the support of the electorate.

(species, genus, color) - the name of the four social communities, or ranks, into which the population was divided ancient india. In the aggregate, V. represented a hierarchy of statuses that did not coincide with property, class, or political status. division about-va. The eldest was V. Brahmins - scientists, priests and teachers, associated with her White color; second in rank - V. kshatriyas - warriors, rulers and nobility (red color); the third V. vaishyas - farmers, cattle breeders and merchants, common people ( yellow); fourth V. Shudra - dependent persons (black color). The boys of the three upper V. underwent the Upanayana rite and were considered dvija ("twice-born"). Shudras were considered "one-born". They and even lower strata of the population were not allowed to study the Vedas and other priests. books. The division of society into V. genetically goes back to the Indo-Iranian or even Indo-European community, in which there were three social ranks (in Iran - pishtra). It is generally accepted that V. Shudra was already formed in India from the local population, included in the so-called arr. in the Aryan society. However, V. is not mentioned in the early Vedic literature, with the exception of one of the later hymns of the Rig Veda, which recounts the legend of the emergence of V. as a result of the sacrifice of the first man Purusha: the brahmins arose from the mouth, the kshatriyas from the hands, the vaishyas from the torso, the shudras - from the feet. V. were not strictly endogamous. Tradition explains further development V.'s system into a system of castes by intermarriages, children from to-rykh occupied a different social position. Until now, most Indian castes trace their origin to one of the varnas.
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Definitions, meanings of the word in other dictionaries:

(Skt. type, genus, color), the name of the four social communities, or ranks, into which the population of ancient India was divided. Taken together, the varnas represented a hierarchy of statuses that did not coincide with the property, class or political division of society. Varna was the eldest...

Big Dictionary esoteric terms - edited by d.m.s. Stepanov A.M.

(from the Portuguese. casts - genus, species, breed), a group of people who are aware of their commonality, marry only among themselves, having a range of traditional occupations, as well as specific customs, rituals, mythology, limiting communication with other similar groups and included in ...

For all countries ancient east characterized by an extremely complex social structure: every person from birth belonged to one of the many estates, which determined his rights and position in society. The law of ancient India has long been distinguished by its inherent strict legal regulation of social relations. It was on the territory of the Hindustan Peninsula that the system of closed class groups - varnas (later - castes) took shape in its final form. It was brought here by the invaders - the tribes of the Aryans at the turn of the II-I millennium BC. Since then, strengthening and becoming more complex, it has been preserved as a relic of barbarism to the present day.

The word "caste" is of Portuguese origin. In the 16th century, when the ships of the Portuguese reached the shores of India, it meant “genus”, “quality”, that is, the purity of tribal origin. But fractional division into castes arose only in the Middle Ages. In ancient times there were varnas. This word is translated as “color”: it is possible that class groups were once determined by skin color. The upper strata of society consisted of the light-skinned Aryan conquerors, while the lower strata included the native dark-skinned population.

Already the Rigveda and other ancient religious books of the Brahminists mention four main varnas: the first varna is the Brahmins (priests); the second varna - kshatriyas (warriors and administrators); the third varna is the Vaishyas (farmers and artisans) and, finally, the fourth varna is the Shudras (servants). Brahmanists distinguish the first three varnas into a special group of “twice-born”, admitted to the study of the Vedas and participation in religious rituals.

Religious ideology, subjugated the law, substantiated the system of varnas - estates. It was argued that the first Brahmins came from the mouth of the legendary progenitor of people Purusha (Manu) and therefore holiness and truth belong to them. The first kshatriyas, in turn, arose from the hands of Purusha, therefore they are characterized by strength and strength. The people of the third varna were formed from the hips of the first man, they, accordingly, got benefits and wealth. Whereas the sudras emerged from the feet of the Purusha, crawling in the mud, therefore they are destined for service and obedience.

Theoretically, all varnas were sharply divided. Marriages between people from different varnas were strictly forbidden. The Apastamba said: “If a man approaches a woman who was previously married, or is not legally married to him, or belongs to another caste, then they both commit a sin. Because of this sin, their son also becomes a sinner.” There are many similar norms in the "Laws of Manu". Thus, the laws, protecting the purity of the varnas, forbade any mixing between them.

At the head of each varna was a council of elders who oversaw the implementation of the customs of the varna. This council had the right to judge the members of the varna, imposing punishments on them, ranging from religious purification and up to expulsion from the varna. People excluded from the varna turned into despised outcasts.

The legislative monuments of ancient India contain a complete set of regulations on what the representatives of each varna were supposed to do. Thus, the Brahmins and Kshatriyas skillfully combined the power of religious dogmas and legal norms in order to preserve the system of varnas unchanged, which provided them with a privileged position in society.

Outside the system of varnas were especially oppressed class groups of Chandals, Shvapachis and others, who are united by one concept - the untouchables (pariahs). Their legal status was roughly the same, regardless of the band's name. Despised, allowed only to "unclean" work, they constituted the lowest stratum of society.

The presence of Shudras and untouchables made the large class of slaves superfluous, because certain features inherent in the social position and legal status of slaves turned out to be actually extended to these personally free social groups.

Ancient India is a society in which the discrepancy between legal groups of the population (estates) and socio-economic classes (classes of society) is clearly visible. So, the social class of slave owners there consisted of three varnas “twice born”, and the class of slaves was formed by the estates of Shudras, untouchables and slaves in the narrow sense of the word, that is, personally unfree people. Moreover, the position of the slave itself often turned out to be preferable to the fate of a pariah.

Extracts: Laws of Manu

(Chapter) X, (Article) 4. Brahmins, kshatriyas and vaishyas - three varnas of twice-born, the fourth - shudras - born once; there is no fifth.

X, 5. In all varnas, only those (sons) who are born from wives of equals, virgins, should be considered born in accordance with the direct order and equal in birth.

I , 87. 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.

X,96. Whoever is inferior by birth, out of greed, lives by the occupations of the higher, the king, depriving him of his property, let him immediately expel.

VIII, 267. A kshatriya who scolds a brahmana is liable to a fine of a hundred (pan), a vaishy - two and a half (hundred), but a sudra is subject to corporal punishment.

VIII, 268. When insulting a kshatriya, a brahmin should be fined fifty (panami), a vaishya - twenty-five panami, a sudra - a fine of twelve panami.

VIII, 270. He who is born once, who reviles with terrible abuse those who are twice born, deserves to have his tongue cut out; for he is of the lowest origin.

VIII, 279. That member, which is the lowest person (untouchable or sudra. - Comp.) strikes the highest, it is he who must be cut off: such is the prescription of Manu.

VIII, 280. Having raised a hand or a stick, he deserves to cut off his hand: he who kicks his foot in anger deserves to cut off his foot.

VIII, 142. Exactly two, three, four and five percent of a hundred per month are supposed to be taken according to the order of varnas (the creditor from the debtor. - Composition.).

VIII, 417. A brahmana can confidently appropriate the property of a sudra, for he has no property; for he is the one whose property is taken by the owner.

IX, 229. A kshatriya, a vaisya, and a sudra who cannot pay the fine are relieved of their debt by work; Brahmin is supposed to give gradually.

XI, 127. One quarter (repentance due) for killing a Brahmin is prescribed for killing a Kshatriya, one eighth for a Vaishya; but one should know (what kind of killing) of a virtuous sudra is the sixteenth.

XI, 236. Asceticism for a brahmin is (acquisition of sacred) knowledge, asceticism for a kshatriya is protection (of the people), asceticism for a vaishya is economic activity, asceticism for a sudra is service.

X, 64. If a (female) offspring from a brahmin and a sudra woman gives birth (in marriage to) a superior (a daughter who also marries a brahmin, etc.), the inferior attains the supreme birth in the seventh generation.

X,65. (Thus) a sudra goes to the brahmana stage and a brahmana goes to the sudra stage; but one should know (that this applies) to the offspring of a kshatriya as well as a vaishya.

VIII, 418. Vaishyas and Shudras should be zealously encouraged to do their own deeds, because by avoiding their own deeds, they shake the world.

For ancient India, a pronounced class division of society into varnas (estates) was especially characteristic. In total there were four varnas - Brahmins, Kshatriyas, Vaishyas and Shudras. Each varna had its own special occupations, duties and rights. A person belonged to the varna by birth, passed on his status by inheritance. The transition from one varna to another was rare. Brahmins, kshatriyas, vaishyas were full-fledged free persons, and sudras were incomplete free persons.

The first varna was made up of brahmins - priests, who were considered the highest of people. The laws of Manu established the ratio of the Brahmins and the highest of the Kshatriyas - the king: "A ten-year-old Brahmin and a hundred-year-old king should be considered father and son, but of the two, the father is a Brahmin" (ZM, II, 135). The duty of the Brahmins was the compilation and study of sacred books (Vedas), the performance of religious rites, education, and the administration of justice. The Indians believed that the well-being of people depended on the gods, and only brahmins could know their will and influence it. Brahman acted as an intermediary between the gods and people: with its help, people could attract the favor of the gods in exchange for worship and sacrifice. Brahmins were generously rewarded for performing sacrifices. They were advisers to kings, judges, keepers of knowledge, ancient Indian intelligentsia.

The person and property of a Brahmin were declared inviolable. Brahmins were exempted from paying taxes (ZM, VII, 133-135), did not fall into slavery for debts, were not subjected to corporal punishment, the death penalty (ZM, VIII, 379-381). For the most serious crime, they were only exiled. At the same time, strict moral obligations of abstinence, poverty, self-restraint and even deprivation were imposed on the Brahmins. Thus, they retained their authority among the people and a leading position.

"He must take pleasure in truth, (in obedience) to the sacred law, in conduct worthy of the Aryans, and in purity; he must instruct his disciples according to the sacred law; he must bridle his speech, his hands and his belly" (ZM, IV, 175). The Brahman had to avoid acquiring wealth, sense gratification, anger, pride, greed, idle talk, scolding, not harming, suffering others, not killing a living being. He had to speak only the truth, fulfill the given word, observe chastity, not enter into a second marriage. “Constancy, forbearance, humility, non-stealing, purity, restraint of the senses, prudence, knowledge of the Veda, justice and non-anger - form the dharma, which has ten signs. Brahmins who study the dharma, which has ten signs, and having studied it, fulfill it, achieve the highest goal ”(ZM, VI, 92-93).

The Brahman had to go through three stages of life: the period of apprenticeship, then the period of householder, and finally the period of reclusion. During the period of apprenticeship, boys from the age of eight had to study for twelve years (it was possible to stop studying earlier) under the guidance of a mentor - a guru, sacred texts, ritual rules and were accustomed to obedience, abstinence and modesty. Then they became householders, teachers or priests. With the onset of old age, the Brahmin had to leave the family, become a forest hermit living in the forest, give up all the comforts and pleasures of life, eat roots and berries, herbs and tree fruits, drink only spring water, dress in an animal skin, have his bed naked land, fasting, not cutting hair and nails, making constant sacrifices, indulging in the reading of the Vedas, pious meditations, torturing oneself. “He can wallow on the ground or stand on tiptoe all day, spend time (now) standing, (now) lying down, bathing in the morning, at noon and in the evening. In summer, one should be exposed to the heat of five fires (i.e., located between four fires (bonfires) and having the fifth, the sun, on top), in the rainy season, live under the clouds, in winter have wet clothes, consistently increasing (the severity) of the ascetic feat ”(ZM , VI, 22-23). At the highest level of mortification of the flesh, the hermit had to leave the forest settlement and turn into a wanderer, he had to wander until, exhausted, he fell to the ground and died. The ascetic had to renounce sorrow and joy, become impassive and merge with the world soul and again become Brahma (deity), from which he had once expired.

The second varna of the kshatriyas was the head of state - the king (raja), officials and warriors. They were entrusted with the protection of the people, the protection of order, public administration and military affairs. The kshatriyas were large landowners. It was in the hands of the Kshatriyas that the real military, political and economic power was concentrated. The Brahmins did not obey the army, the state bureaucratic apparatus of government. They did not have a church organization. In the ancient period, there were no temples in India, which in other countries were the basis of the political influence of priests, as well as temple households. The law portrayed them as mendicant sages. Brahmins were spiritual intelligentsia, teachers and sages.

Vaishyas were the most numerous variety. They had to be engaged in agriculture, cattle breeding, trade and usury. It was a varna of farmers (peasants - community members), artisans and merchants who were engaged in manual labor and were the main payers of taxes.

The Shudras belonged to the fourth, lowest and inferior varna. They had to serve with humility the three highest varnas, especially the brahmins. The Shudras, like the Vaishyas, were engaged in crafts, agriculture, and trade. They lived in villages, but were not members of the community, did not have the right to own land as strangers. They were forbidden to study and even listen to the Vedas, to participate in religious rites. However, the Shudras were not slaves. As incomplete freemen, they could marry within their varna (“a shudra can only marry a shudra woman”), have their own property, acquire this property (that is, enrich themselves), pass it on by inheritance, and testify in court. The law protected the life, health and honor of the sudra. According to the Laws of Manu, a Brahmin who offended a kshatriya was supposed to be fined 50 pans, offending a vaishya - 25 pans, and a sudra - 12 pans (VIII, 269). The killing of a sudra is actually equated with the killing of a kshatriya and a vaishya (3M, xi, 67).

Outside the varnas, at the lowest level among free people were the untouchables (pariahs), since it was believed that communication with them and even touching them could defile members of other varnas. Touching the inviolable first three varnas was punishable by corporal punishment or a fine of 400 pans (Yaj., II, 234; Vishnu, V, 104). Narada-smriti called the untouchables "dirt among people" (XI, 14), although they were not considered slaves. They had to live outside the settlements, perform the most despised work that even the Shudras could not correct: slaughter of animals, meat trade (butchers), leather dressing, garbage collection (scavengers), burial of the dead (gravediggers), execution of criminals (executioners). The category of untouchables included not only those who were engaged in dirty work, but also those who had no relatives, born of mixed marriages, backward jungle tribes who did not know agriculture and cattle breeding and lived only by fishing and hunting.

In India, there were also slaves (dasa), who were an object of law, a thing.

The laws of Manu listed the sources of slavery: “Captured under the banner (prisoner of war), slave for maintenance (for debts), born in the house, bought, donated, inherited and slave by virtue of punishment - these are the seven categories of slaves” ( VIII, 415). Some slaves could own property and even, according to one of the articles of the Laws of Manu (IX, 179) to have slaves.

The class-varna division of Indian society was exceptionally stable. Each varna had a lower one, which she could look down on and thus experience psychological satisfaction. An important role in substantiating the varna system was played by the doctrine of the transmigration of souls and the divine origin of varnas.

For a person who is convinced that his current class position is a consequence of the actions he committed in the life preceding his birth, that his social position in the future life will depend on his modern actions and that this has not been established by anyone, but simply a law of nature, for such a person social injustice does not exist. After all, birth in one or another varna is the result of a person's behavior in his past existences. Therefore, in the current life, it is absurd to even think about improving your situation. It was necessary to observe the dharma (duties) of one's varna in order to achieve a better rebirth in the future life.

The different position of the varnas was explained and justified by their origin from different in value and significance parts of the body of the god Purusha. God from his mouth, hands, thighs and feet created four groups of people, endowing the first of them with virtue, knowledge of the truth, the second with passion, strength and strength, the third with a mixture of virtue and passion, and the fourth with ignorance. Due to such an interpretation any resistance to such a division of estates was resistance to the divine order of things and inevitably entailed a corresponding punishment. During life, to cross the boundaries of one's varna means to commit the same unnatural violation of the eternal order, as if a stone wanted to become a plant, and an animal with its bestial body - a man. Only one death opens the possibility for beings, in their future rebirth, to change the varna for better or worse, in accordance with their good or evil deeds in a previous life.

Over time, there was a convergence of the status of the two lower varnas, that is, a decrease in the status of the Vaishya varna and an increase in the status of the Shudras. These two lower varnas of representatives of physical labor opposed the two higher varnas - priests - brahmins and aristocrats - kshatriyas, who ruled the state.

In ancient India at the beginning of the 1st millennium BC. four social groups, which

form three classes and three estates of the slave-owning society. However, this social structure was complicated by the emergence varnes. Varna(lit. "color") - a hereditary social group that performs certain social functions; have a closed character - a person belonged to varna by birth, and the hereditary principle excluded the possibility of transition from one varnas to another. With varnas in no case should one confuse castes (Old Ind. jati), which appeared in the 1st century BC. - these were hereditary professional groups (belonging to the profession was inherited). Researchers believe that the term “color” originally had a direct meaning: those who came from the north at the end of the 2nd millennium BC. arya(“[noble] people”; arya“humans”) who settled in India were light-skinned, and the local Dravidian population was dark-skinned. This is where the meaning of the word comes from. varna. Over time, the amount varnes increased.

There were four varnas: 1) Brahmins; 2) kshatriyas; 3) vaishyas; 4) sudras. « Brahmins, kshatriyas and vaishii- three varnas twice born, the fourth sudras born once [once born], the fifth [ varnas] no” [Laws of Manu, ch. X, Art. 4]. However, there was a fifth category of the population - dasa(lit. "enemies") - slaves who in varnas did not enter, because considered property. Twiceborn(they are arya"people") as subjects of law were free (they had rights and obligations, and by their actions could acquire rights and assume obligations, making transactions and incurring personal legal responsibility).

People ( arya) from varna of the twice-born were the owners of the land. About availability private ownership of land according to the "Laws of Manu" the following articles testified. Twiceborn who studied the Vedas with his teacher ( guru), could present him as tuition fees field[ZM, ch. II, art. 246]. Hence, landowner transferred the right land ownership another person (the teacher). earth it was possible to give, the donation of land to an unlearned person was condemned [ЗМ, ch. IV, art. 188]. The donation of land is one of the grounds for the emergence of private ownership of land.

It was forbidden to capture someone else's land(“appropriation through intimidation”, “theft of land”, “stealing [appropriation] of the field”), which was equated to the theft of gold [ЗМ, ch. VIII, Art. 264; ch. XI, art. 58, art. 164]. It was forbidden to assign someone else's gardens and wells[ZM, ch. IV, art. 202]. Thus, the rights were protected land owners. Other ancient Indian laws speak directly of buying and selling land which is the basis for the emergence of private ownership of land. When buying and selling land, there was a preferential right to purchase it by relatives, neighbors, creditors and other community members. “Relatives, neighbors and creditors… let them have preference when buying land, then other outsiders. And in the presence of neighbors - the heads of 40 families, let them announce the sale of the dwelling in front of this house. In the presence of neighbors and elders of the village, one should ... on the sale of a floor, a grove, an irrigation facility, a pond or a reservoir ... announce: “Who is the buyer for this price?” The buyer gets the right to buy the property, which is loudly announced three times without objection” [Arthashastra, section III, ch. 9, items 1-4]. If the rules for selling land were violated, the perpetrators were fined. A fine was also due if, during sowing or harvesting, the owner of the land abandoned his plot. The escheated property of the community member was transferred into state ownership to the ruler: "Let the king take (property) that has lost its owner" [Arthashastra, section III, ch. 9, p. 5-17.]. If the ruler takes away the land from the owner and grants it to another, this is considered illegal [Laws of Brihaspati].

Indirectly about the existence of ownership of land, and - from twice-born, testified to article 29 of the IV chapter, which refers to hometwice-born[ZM, ch. IV, art. 29]. Since the "Laws of Manu" fixes the division of things into movable and immovable[Laws of Manu, ch. VII, Art. 15: “Out of fear of him, all creatures, movable and immovable... "], and in the "Arthashastra" a whole section is devoted to real estate[Arthashastra, section III, section 61 “On real estate”] (“Real estates are called: a house, a field, a garden, an irrigation facility, a pond or a pool of water” [Arthashastra, III, section 61, ch. 8, p. 2]) , then this means the following. Once a category has appeared real estate, then there is a single and inseparable complex of things - the earth and everything connected with the earth (buildings and plantings). With the advent of the category of real estate, the house is no longer considered as an independent object of ownership and transaction. Now the house could be alienated and acquired only together with the land. And, therefore, it was impossible to have ownership of the house, not being the owner of the land under this house. Therefore, if twice-born was the owner of the house - this (in the conditions of the existence of the category immovable things) meant that twice-born was also the owner of the land under this house.

Conclusion: people of all varna of the twice-born(Brahmins, kshatriyas and vaishyas) were land owners. It turns out that the statements of some authors that in ancient India there was no private ownership of land - wrong. The owners of the land, as elsewhere in the ancient world, united in civil community (team private landowners) in order to jointly protect their rights to land. At the same time, the rich community members had a moral duty to help the impoverished community members(which was necessary so that they would not go bankrupt, and, as a result of this, the community militia would not decrease). The custom demanded in such a case to provide assistance to those in need: “If Brahman contains out of mercy kshatriya or vaishia needing the means to sustain life, then he can force them to perform the work peculiar to their [position]” [ЗМ, ch. VIII, art. 410]. Commentators explain that kshatriya decently appoint a watchman, vaishia- plowman or shepherd. However Brahman should not have abused his right and humiliated twice-born(commentators explain - for example, washing the owner's feet, taking out garbage, etc.): “Brahman, ... forcing out of greed ... the twice-born, against their desire, to [degrading] service ( dasya), must be fined by the king six hundred [ pan]" [ZM, ch. VIII, Art. 412]. If you were in need Brahman, then he was allowed to feed on the harvest of the community members: “ Brahman, having nothing to live on, can gather ears or grain from any [field]; gathering ears is better than receiving alms, and gathering grains is preferred even to him” [ЗМ, ch. X, Art. 112]. It was also a form of help community members impoverished citizens.

For the same purpose, limited debt slavery, which was replaced by debt work (which did not apply to Brahmins- he had to pay the amount of the debt in installments): " Kshatriya, the most... who are unable to pay the fine are released from the debt by work, brahmin it is supposed to repay [debt] gradually” [ЗМ, ch. IX, Art. 229].

1) Brahmins community and had citizenship status. However, they did not engage in productive labor: “Training, studying [Veda], sacrifice for oneself and sacrifice for others, distribution and receipt [alms]… established for the Brahmins” [ЗМ, ch. I, Art. 88]. “Teaching [the Veda], studying, sacrificing for oneself, sacrificing for others, offering gifts and receiving [them] – six occupations brahmin. But out of [these] six occupations, three occupations provide the means of subsistence: sacrifice for others, teaching and accepting [gifts] from pure people” [3M, ch. X, Art. 76-77]. “But if a brahmin cannot exist by his just-mentioned occupations, he can live [by performing] the dharma of a kshatriya, for he directly follows him” [3M, ch. X, Art. 81].

Moreover, physical labor was considered to be Brahmins reprehensible: "K Brahmins, grazing livestock, engaged in trade, as well as to [ Brahmins] - artisans, actors, servants and usurers should be treated as Shudra» [ZM, ch. VIII, Art. 102]. “A Brahmana or even a Kshatriya living in the way of life of a Vaisya, let him diligently avoid agriculture, which is harmful and dependent on others ... [Because of the trade in] meat, varnish and salt, he immediately becomes an outcast, because of the trade in milk Brahman done in three days sudra» [ZM, ch. X, Art. 83, 92]. Brahmins acted as organizers involved in administration and judicial activities, and as ministers of a religious cult. Therefore, they are the priestly part communal nobility.

2) Kshatriyas were the owners of the land - therefore, belonged to community and had citizenship status. But they did not engage in productive labor: “The protection of subjects, the distribution [alms], sacrifice, the study [of the Vedas], and non-adherence to worldly pleasures, he indicated for a kshatriya” [ЗМ, ch. I, art. 89]. "... Kshatriya living a lifestyle vaishia let him diligently avoid agriculture…” [ЗМ, ch. X, Art. 83]. Kshatriyas carried out management and professionally performed military functions: “For the sake of subsistence for kshatriya[it is prescribed] to carry a sword and an arrow” [ZM, ch. X, Art. 79]. However, the functions performed Brahmins– kshatriya did not belong: "The three dharmas of a brahmana are not meant for kshatriya: teaching, sacrifice for others, and the third - receiving [gifts]” [ЗМ, ch. X, Art. 77]. Hence, kshatriyas were military nobility - part communal nobility.

3) Vaishya - owners of the land - therefore, belonged to community and had citizenship status. At the same time, they were not engaged in management (they were forbidden to perform the functions of Brahmins [LM, Ch. X, Art. 78]), but were engaged in productive labor (worked on their land for themselves): vaishia engage in trade, usury, agriculture, and cattle breeding” [ЗМ, ch. VIII, Art. 410]; “The grazing of cattle and also the distribution [of alms], sacrifice, study [of the Vedas], trade, usury and agriculture [are defined] for vaishia» [ZM, ch. I, Art. 90]. "For the sake of livelihood ... for vaishia- trade, [breeding] of animals, agriculture, but [their] dharma - giving, teaching, sacrifice" [ЗМ, ch. X, Art. 79]. " Vaishya A person who has received initiation and entered into marriage should always be engaged in economic activities2 and, especially, in raising livestock. …[ Vaishya] should know the corresponding price of precious stones, pearls, corals, metals, fabrics, incense and juices. He should be a connoisseur of sowing seeds, good and bad [quality] of the earth; he should know fully the use of weights and measures, the advantages and disadvantages of products, the advantages and disadvantages of [different] countries, the [probable] income ( labha) and loss ( alabha) from goods and the art of raising livestock. You need to know [what should be] the salary ( bharti) servants ( bhartya), different languages ​​of people, ways of preserving property and [dealing with] buying ( the edges) and sale ( vikraya)" [ZM, ch. IX, Art. 326, 329-332]. Hence, vaishyas– ordinary community members.

So three varnas of the twice-born were three social groups, performing certain social functions on the hereditary principle: “Among their characteristic occupations, the most worthy: for brahmin- repetition of the Veda, kshatriya- protection [of subjects], for vaishia– economic activity” [ЗМ, ch. X, Art. 80].

Unlike twice-born people of the fourth varnas– sudras were once-born(they were not initiated into communal cults). They did not have the right to own land and, as a result of this (if there was a category real estate) - on house. Thereby, sudras were not members communities and didn't have citizenship status(which is indicated by the terms “ once-born", as well as - anaria[“not a (noble) person”]).

Lacking livelihood (land) and community protection, sudras should have looked for patron from citizens who gave them land to hold (with the obligation to cultivate it and give part of the crop to the owner of the land) and provided them with protection and patronage. So sudras(as elsewhere in antiquity) had to resort to the patronage of members of the community - Brahmins who acted as patrons. "[ Shudra] pure, obedient to higher [varnas], soft in speech, free from pride, always resorting to patronage brahmin…” [Laws of Manu, ch. IX, Art. 335]. When this happened voluntarily (by voluntary decision sudras), then it was “unpurchased (i.e. hired) sudra". In addition, in the history of antiquity, there are also cases when the layer strangers was formed from captives who were kept free and not enslaved; but they had to work for their master - patron("bought sudra”). "But sudra, to the bought or not bought, he can force him to perform [this kind of] service ( dasya), for he was created by the Self-Existent to serve the Brahman” [ЗМ, ch. VIII, Art. 413]. Thus, this article reflects the widespread in antiquity institution of patronage citizens over strangers (institute patronage), when a stateless person, in order to receive protection from members communities, came to them in clients, receiving land from the patron for holding with the obligation to give part of the crop to the owner of the land (cf .: shublugala in Mesopotamia, Chen in ancient China seiko and bamin in ancient Japan meteki and them proxenes or prostate in ancient Greece clients and them cartridges in ancient Rome do you and their masters among the Franks, stinks and their gentlemen ancient Russia etc.).

At the same time, the owner patron had some rights to the property of the subject sudras.

“Brahman can confidently appropriate property sudras[slave], for he does not have any property, because he is the one whose property is taken by the master” [ЗМ, ch. VIII, Art. 417]. This article may be an indication that property rights sudras(as a person who is not part of the community collective and, therefore, does not have the status of citizenship) were not protected community. However, this does not mean that sudra did not have any property at all - he could be the owner movable things(including money) [ЗМ, ch. VIII, Art. 142, 268, 374], which he passed on by inheritance [ЗМ, ch. IX, Art. 157, 179]. Under certain conditions, the owner patron could let go sudra to the will (i.e. from under one's power; this should NOT be confused with the release of a slave to freedom). “Shudra, even released by the master, is not released from the duty of service; because it is innate for him…” [ЗМ, ch. VIII, Art. 414]. Those. service is a duty Shudra varnas from birth. “But Vladyka pointed out only one occupation for sudras- service to varnam with humility” [ЗМ, ch. I, Art. 91].

Hence, sudras were free, but citizenship status did not possess (because they did not

were community members and did not have ownership of the land). Formed class of unfair freemen.

Slaves (other-ind.dasa "enemies") stood outside Varna organizations, because were not free. They had no property (on any things). The laws expressly state that a slave has no property. The property that ended up in his hands is considered the property of his master: “Wife, son and slave ( dasa) – three are considered to be without property ( adhana); whose they are, that and property ( dhana) which they acquire” [Laws of Manu, ch. VIII, Art. 416]. Where did they get property in their hands, including for cultivating the land? This property slave peculia(institute known in ancient Mesopotamia, India, Greece ["slave on apophore”], Italy, among the ancient Germans and Slavs) - the property that the master allocated to his slave for an independent household. Property peculia, income peculia and the slave himself peculia were the property of the master. Legally, a slave has no property.

Slaves could not conclude deals: "Agreement ( vyavahara), imprisoned drunk, insane,

suffering [from illness, etc.], a slave ( adhyadhina)3, a child, old, and also unauthorized, is invalid” [Laws of Manu, ch. VIII, art. 163]. In some cases, the master concluded treaty using slave. But legally such an agreement was concluded with the owner of the slave. This can be seen from the fact that the responsibility for the transaction was not the slave, but the master - therefore, it was he who was considered a party to the contract (responsibility under the contract lies with the person who concluded this contract). "Even if a slave ( adhyadhina) concludes a contract for the benefit of the family, then the eldest [in the house], living in his own country or outside it, is not supposed4 to refuse it ”[Laws of Manu, VIII, Art. 167]. That is, the slave this case, only carried money and brought things. And the contract itself was concluded with the owner of the slave, because. Mr. was a party to the contract.

Slaves cannot defend their interests in court (to be plaintiffs and defendants). In the event that a slave committed a misconduct, then all claims had to be presented to the master, who either extradited the slave for reprisal, or compensated for the damage caused by the slave. By general rule, the testimonies of slaves were not heard: “It cannot be admitted as a witness ... neither a slave, nor condemned by people, nor Dasyu 6..." [ZM, ch. VIII, art. 65-67]. But sometimes, in the absence of proper witnesses, it was allowed to listen to the testimony of slaves (at the same time, the testimony of slaves was equated with the testimony of insane children): “(70). In the absence of [proper witnesses, testimony] must be given by a child, an old man, a student, or even a relative, a slave ( dasa) or servant. (71). But the testimony of children, old people, sick people who speak incorrectly during interrogation should be considered unreliable, just like [people] with a confused mind” [Laws of Manu, ch. VIII, st.70-71].

The law did NOT protect the life and health of slaves. This is evident from the one who received monetary compensation for killing or injuring slaves. If a slave were considered the victim, then, in this case, the slave would have to receive compensation, and in the event of his death, the relatives of the slave. But it wasn't. In all laws, the rule is fixed that compensation is received by the master. This, accordingly, means that the gentleman is considered the victim. Therefore, the property rights of the owner are protected, and NOT the life and health of the slave. In the "Laws of Manu" in relation to the protection of the property rights of the owner, the general rules on the protection of property from destruction and damage were applied.

Slaves can NOT marry. Slaves, with the permission of the master, were also allowed to mate with slaves in order for the master to have offspring (since they were illegitimate children, they received the legal status of a slave mother, i.e., they were born slaves). This may be indicated by the term “slave of a slave” (Old Ind. dasadasi), i.e. a slave with whom a slave mates [ЗМ, ch. IX, Art. 179]. marital relations nor did it arise in the connection between a free man and a slave. This is indicated by the fact that children from birth received the legal status of the mother - i.e. were extramarital. “... From cows, mares, camels, slaves ( dashi), buffaloes, goats and sheep, it is not the producer who receives offspring, [but the owner] ... ”[ЗМ, ch. IX, Art. 48]. The offspring of slaves, like the offspring of female animals, was considered the property of their master. This fact indicates that slave women do not marry, and the children of slave women are extramarital children (i.e. illegitimate).

The children of a slave, born of a free man, extramarital children did not inherit their father's property. Only in case recognition their father and legalization when the slave's children became free ( freedmen) and received the rights legitimate children, i.e., in this case, became “children sudras” (i.e., incomplete free), they could inherit their father’s property: “If sudras have a son by a slave dashi) or the slave of a slave ( dasadasi), he, recognized by [the father], can receive part of the [inheritance]; such is the established dharma” [ZM, ch. IX, Art. 179].

How can the legal status of a slave be determined? To be free should have been subject of law. Subject of law should have legal personality, which consists of legal capacity and capacity. Legal capacity meant that a person had rights and obligations. But the slave No no rights and even duties (just as a dog does not have an obligation to guard the house; therefore, if thieves or robbers enter the house, the dog cannot be sued for non-fulfillment or improper fulfillment of obligations to protect the house). Slave cannot be named holder property received from the master slave peculia, or a person using someone else's thing [ servitor, superficial or emphyteutom]. Therefore the slave has no legal capacity. As property, a slave was not supposed to have and legal capacity(as animals or inanimate objects did not have it). However, in ancient times, people saw that, unlike animals, slaves could perform meaningful actions. Therefore, in violation of the principle “a slave is property”, slaves were recognized limited capacity, which meant that slaves could perform non-legal actions (not giving rise to legal consequences) that benefit the master. What are these actions? This is the work of the master's household. Transactions (even small ones) could NOT be made by slaves, tk. deal- volitional actions of persons aimed at establishing, changing or terminating civil rights and obligations (i.e. the transaction gives rise to legal consequences). Contracts with slaves were invalid. Therefore, the slaves were not negotiable. Slaves did not bear independent legal responsibility - the master was responsible for them, to whom all claims were made if the slave committed offenses. Therefore, the slaves did not have tortiousness. Slaves don't have all the elements legal personality. This means that slaves are NOT subjects of law. Therefore, the slaves objects of law.

Conclusion: slaves Dont Have freedom status. And, therefore, they cannot have citizenship status. This is because the loss freedom status- was maximum derogation of legal capacity all rights and obligations were lost, a person became object of law. For the people of that time slaves- category of property. Confirmation that the slaves were objects of law(movable property) is the fact that slaves were sold and bought, inherited, donated, exchanged for other property, pledged. But modern researchers distinguish them in class of the unfree(slave class).