It is, therefore, important to know what these works, so closely in touch with the general public, have to say in regard to religion. What they inculcate will be the popular theology of completed Brahmanism. For these books are intended to give instruction to all the Aryan castes, and, though this instruction filtrates through the hands of the priest, one may be sure that the understanding between king and priest was such as to make the code the real norm of justice and arbiter of religious opinions. For instance, when one reads that the king is a prime divinity, and that, quid pro quo, the priest may be banished, but never may be punished corporally by the king, because the former is a still greater divinity, it may be taken for granted that such was received opinion. When we come to take up the Hinduism of the epic we shall point out that that work contains a religion more popular even than that of the legal literature, for one knows that this latter phase of religion was at first not taught at all, but grew up in the face of opposition. But for the present, before the rise of epic ‘Hinduism,’ and before taking up the heretical writings, it is a great gain to be able to scan a side of religion that may be called popular in so far as it evidently is the faith which not only was taught to the masses, but which, as is universally assumed in the law, the masses accept; whereas philosophers alone accept the [=a]tm[=a] religion of the Upanishads, and the Br[=a]hmanas are not intended for the public at all, but only for initiated priests.
What, then, is the religious belief and the moral position of the Hindu law-books? In how far has philosophy affected public religion, and in what way has a reconciliation been affected between the contradictory beliefs in regard to the gods; in regard to the value of works on the one hand, and of knowledge on the other; in regard to hell as a means of punishment for sin on the one hand, and reincarnation (sams[=a]ra) on the other; in regard to heaven as a reward of good deeds on the one hand, and absorption into God on the other; in regard to a personal creator on the one hand, and a First Cause without personal attributes on the other?
For the philosophical treatises are known and referred to in the early codes; so that, although the completed systems post-dated the S[=u]tras, the cosmical and theological speculations of the earlier Upanishads were familiar to the authors of the legal systems.