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117 Legal proceedings The origin and development of Vyavahara. The distruction of Dharma due to Raga and Dvesa, would create contradictory thoughts in the human mind and this intern would cause disputes or vyavaharas. The Vyavahara is derived from three terms- Vi, Ava, and Hara. Here Vi implies the meaning 'large amount of, Ava means 'doubt' and Hara implies the process of removal of the problems and clear the doubts. Thus vyavahara stands for the process of removing various doubts 10. Narada says- Vyavahara has four Padas every one occupies four positions. The things which bring down the attainment of vyavahara (Vyavaharasidhi) consist of four padas. The vyavaharas includes four merits also. Vyavahara will be favorable to four classes - Brahmanas, Ksatriyas, Vysyas and Sudras¹¹. 10 Smriticinthamany-page-2; Viramithrodaya-Vyavaharaprakasah-page-5 11 Viramithrodaya- Vyavaharaprakasah-page-5

118 Again vyavahara may occur due to four reasons. Terms of complaints consist of two (ways) Margas, eight Angas, eighteen Padas and hundred branches. The four different varieties of Padas are Dharma, Vyavahara, Carita, and Rajasasana (Royal reprimand). Vyavahara are destined by Dharmasastras which are eligible for trial. The position (Sthana) of Dharma is truth. The position if vyavahara is witness or saksy. Carita stands for the customs of different classes mentioned in particular grandhas, Rajyasasana implies royal reprimand¹². Vyavahara has two methods, one of them is Satyamarga and other is Asathyamarga. These two methods considered the plaintiff and defendants equal participation in vyavahara. The positions of Padas are follows as Dharma, Vyavahara, carita and Rajyasasana. The positions of pada are truth, plaintiff, books (Grandhas) and orders of king respectively. Since Vyavahara is the result of Sama, Dana, 12 Vyavaharamayukha-page-8

119 Bheda and Danda, it is called cadusadhana. Vyvahara is said to be protecting of the four Varnas. Classes and sub-classes originated from these Caturvarnya. Besides, vyavahara consist of four Upayas such as Samopaya, Danopaya, Bhedopaya and Dandopaya. Speaking gentle words is called Samopaya, the offerings of Dravya is called Danopaya, instilling intellectual power is called Bhedopaya and giving punishment is called Dandopaya. Pradvivada should record all the statements of plaintiff given before a court of law, in palm leaves and later in a slab or wall. This Vyavahara is concerned with four persons such as doer (Kartha), plaintiff, courtiers and king. King has four virtues due to vyavahara- Dharma, Artha (wealth) Kirthi (fame) and lokanugraha (grace of the world). Kama (desire), Krodha (Anger) and Moha (Ajnana) are the three reasons for vyavahara. Kama originates due to lust for females, Krodha (Anger) due to self pride or Ahamkara, Moha as a result of Ajnana or ignorance. The other two categories of

120 Yoga include Samkabhiyoga and Thatvabhiyoga. Samkabhiyoga occurs when the criminal is not clearly determined and the person is living as the suspected thief. If the theft is proved by finding out swags, it is called Thatvabhiyoga. There are eight constituent parts in vyavahara such as King, Courtiers, Harikkaras, Satras, Ganaka and Mathematician (Ganakalekhakas), gold, fire and water. There are eighteen Padas for Vyavahara. Among these five of them are Rnadana, Upanidhi, and Sambhuyasthana, Dathadana, and Abhyubetya susrusa. The lending and borrowing of money comes under Rnadana. Wealth deposit comes under Upanidhi. Joint venture comes under Sambhuyasamuthana or partnership business. Alms-deed is called Dathadana. Quarreling for remuneration by remaining idle is called Abhyupetyasusrusa. The other four Padas include Vedananapakarma, Aswamivikraya, Vikriyasampradana and Critvanusaya. The person who has done work should be rewarded suitably. But, denial of such payments to the person concerned is

121 Vedananapakarma. Handing over the property without permission of the owner is known as Aswamivikraya. If the possessions are sold with the consent of its owner without receiving the full amount and if the owner claims his -> possessions back it is, Vikriyasampradana. If the person who purchased the possessions demanded his money giving back the property, it is Critvanusaya. The next five padas include Samayanapakarma, Ksethrajavivada, Dayabhaga, Sahasa and Stripumsabandha. If anyone violates the customs and practices of his/her village he/she would have to repent on his deeds, such controversy is called Samayanapakarma. The controversy regarding subjects like land and residence is called Ksethrajavivada. Partition of wealth is called Dayabhaga. Sahasa implies the act of theft and Stripumsabandha other mischievous activities. (Stripumsabandha) is the controversies concerning the Dharma of male and female.

122 The four other Padas include Vakparusya, Dandaparusya, Dyuta and Prakirnaka. The Vakparysya, vyavahara is quarreling or saying harsh words. Dandaparusya is assault and Dyuta is gambling. All those cases which are not mentioned comes under Prakirnaka. As Vyavaharamala says vyavaharas are totally eighteen¹³. In the above mentioned eighteen Padas Vakparusya, Dandaparusya, lust and murdering are considered to be the deeds of violence. All other fourteen Padas are dealt with wealth. Apart from the above mentioned eighteen Padas there are 108 Padas and 100 branches. These eighteen Padas contained ways of Vyavahara.