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Yajnavalkya-smriti (Vyavaharadhyaya)—Critical study

by Kalita Nabanita | 2017 | 87,413 words

This page relates ‘Commentaries on the Yajnavalkyasmriti� of the study on the Vyavaharadhyaya of the Yajnavalkya-smriti: one of the most prominent Smritis dealing with Dharmashastra (ancient Indian science of law), dating to the 1st century B.C. The Yajnavalkyasmriti scientifically arranges its contents in three sections: Acara (proper conduct), Vyavahara (proper law) and Prayashcitta (expiation). Vyavahara deals with judicial procedure and legal system such as substantive law and procedural law.

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Chapter 1.2e - The Commentaries on the ñⲹṛt

The ñⲹṛt has a number of commentaries written on it, which bespeaks its authority, The importance of the commentaries lies in the fact that these have removed the obsolete provisions, explained, modified or enlarged the tradition, recorded in the ñⲹṛt with the aid of the accepted usages and customs. Thus, the commentaries have brought the ṛt into harmony and required form, to outfit the felt necessities of the time and place. Among all the available commentaries, those composed by վśū貹, Vijñāneśvara, 貹첹, Śūṇi and Ѿٰś are very eminent.[1]

īḍ� by վśū貹:

The earliest commentary on the ñⲹṛt is considered to be the īḍ� commentary written by վśū貹.[2] The Ѿṣa commentary on the ñⲹṛt showing gratitude refers to the long, and learned commentary of his well-known predecessor Viśvarūpācārya in the introductory verses, which reads as-

ñⲹܲԾṣiٲ� ܳܰśū貹첹ṭoپṛt/

It indicates that this work must be, at least, one or two centuries older than the Ѿṣa. վśū貹 quotes ܳ’s Śǰ첹پ첹 and as such, he is presumed to have flourished between 750 A.D. and 100 A.D.[3] It is fairly established by Kane after examining the whole evidence that վśū貹 is identical with ܰś, a pupil of the famous Śaṅkrācārya, and so he probably, belonged to the beginning of the 9th century A.D.[4]

There are many commentaries on the īḍ�, which are not available as complete works. One of them does not mention its name and author’s name but available portion on the introduction in īḍ� contains 5500 granthas. Second one is known as ղԲ of which 6000 granthas are received yet. Other three commentaries are respectively վ屹, ī and ṛtⲹԻ徱ī by name.[5] These works indicate the influence and authority once enjoyed by this work of վśū貹. The commentary on the ղⲹⲹ appears to be insufficient and devoid of merit in comparison to the same on the Āⲹ and the ʰⲹśٳⲹ, which are voluminous and genuine. The essential question of the origin of proprietary right originated with վśū貹, which was established by Ѿṣa but both the works differ on many other points.[6] A digest named վśū貹nibandha, which is frequently cited by many writers like īūٲ󲹲Բ appears to be a work of different վśū貹. Numerous quotations of this work are untraceable in īḍ�.[7]

Ѿṣa by Vijñāneśvara:

The Ѿṣa commentary on ñⲹṛt is the most celebrated and important of all the commentaries. The authorship of this commentary, which has superseded other works, is attributed to Vijñāneśvara. This work with its remarkable merit became authoritative at an early date in Deccan, Benares and a great part of Northern India. [8] During British rule, this commentary has obtained paramount authority in several matters of Hindu Law, except Bengal and Assam, where the ⲹ岵 prevailed.[9] In those areas, also it occupies high authority except those matters, which are in conformity with the ⲹ岵.

The full name of the commentary is Ṛj-ṣa meaning, easy and concise letters. However, it has become well-known as the Ѿṣa only. It is not a mere commentary, in fact, it is a large work in the nature of a digest of the ṛt material. In the form of a commentary, it brings together numerous the ṛt passages, explains and removes differences among them applying the rules of ʳܰīṃś� system. Moreover, it arranges various dictums in order according to proper scope and province. According to the information provided by the author at the end of this commentary, ʲ峾 ṭṭ was his father and Uttama his teacher. He was an ascetic and composed the commentary when a king, called Vikramārka or Vikramādityadeva, reigned in the city ṇa. With reference to his patron king his age has been fixed to be the later part of 11th century.[10] Examining the evidences, Kane thinks that the Ѿṣa is supposed to have completed before 1120 A.D.[11] This well classified and clearly illustrated commentary of Vijñāneśvara has stood the test of time.

The special contributions of the Ѿṣa are propinquity as the guiding principle on inheritance and the principle of ownership by birth. The ñⲹṛt has several commentaries to its credit due to the unique position held by it. Among them ܲǻ󾱲ī, ṭṭī and Vaijaynti are most famous. The ܲǻ󾱲ī owes its authorship to վśś, who gave vent to more simple and useful exposition of difficult provisions contained in the Ѿṣa. Most elaborate commentary, the ṭṭī was composed by ṭṭ and he flourished towards the end of 18th century A.D.[12] It contains 10,000 verses. The author of the Vaijaynti was Ի岹貹ṇḍٲ who expounded the Ѿṣa in Benares sub-division.[13]

貹貹 by 貹첹:

The 貹貹 is a learned and comprehensive commentary on the ñⲹṛt. The commentator is known as 貹첹 and the name of the commentary is also famous by the same name. In a concluding verse, the commentator declares himself as 貹徱ٲⲹ, a Ś king who belonged to the family of īūٲ󲹲Բ of the վ󲹰 race.[14] So the author is identified to be king of Koṅka� in the dynasty of Śs, who ruled in 12th century A.D.150 This work occupied high authority in Kashmir and in Benares sub-division. It is more voluminous than the Ѿṣa and very rich in quotations from various sources. He has profusely cited long extracts from the ʳܰṇa, the ṛhⲹūٰ, the ٳ󲹰ūٰ and the metrical ṛts, for which the work seems more like a veritable digest than only a commentary. The connection between the 貹첹 and the Ѿṣa has not been established clearly. Though in general it agrees with Ѿṣa, yet in some aspects it differs also.

ī貹첹 by Śūṇi:

Śūṇi, an eminent ٳ󲹰śٰ writer from Bengal composed a commentary named ī貹첹 on the ñⲹṛt. He has not provided any useful information about his family except expressing him as an Ѳ峾DZⲹ and Sāhuḍiyān. His work is referred to by Raghunandana and in the Viramitrodaya. He is placed between 1365-1445 A.D.[15] ī貹첹 is marked with brevity, good style and explains selected passages. In matters of inheritance, the work reveals somewhat archaic views. It is to be mentioned here that ī貹첹 was published by J.R. Gharpure in 1939 in his series of Hindu Law texts.

īٰǻ岹ⲹ by Ѿٰś:

Ѿٰś is credited with two works īٰǻ岹ⲹ, a commentary on the ñⲹṛt and a Nibandha work. The commentary is an elaborate and valuable work. The commentary is published in Chowkhamba Sanskrit series in several sections from 1927-1930. The age of these two works is settled in the early part of the 17th century. [16] The Nibandha īٰǻ岹ⲹ is a vast work and closely follows the Ѿṣa. Its authority was accepted throughout India, where the Ѿṣa jurisdiction was prevalent and held to be greater authority in the Law of Benares School.[17]

Footnotes and references:

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[1]:

Banerji, S.C., Op.cit., page35

[2]:

Misra, J.R.(revised.), Op.cit., page32

[3]:

Kane, P.V., Op.cit., Volume1, Part 1, page562

[4]:

Ibid., Volume V, Part 2, pages1188-1198

[5]:

Sastri, T.G.(Edited), The ñⲹṛt with the commentary īḍ�, Introduction, pp.i-ii

[6]:

Kane, P.V., Op.cit., Volume1, Part 2, pages560-561

[7]:

De, S.K.et al (Edited), Op.cit., Volume 2, page365

[8]:

Jolly, J., Op.cit., page68

[9]:

Kane, P.V., Op.cit.,Volume1, Part 2, page599

[10]:

Jolly, J., Op.cit., page69

[11]:

Kane, P.V., Op.cit., Volume1, part. 2, pages607-612

[12]:

Misra, J, R., (revised), Op.cit., page34

[13]:

Rama Jois, M., Op.cit., page48

[14]:

Apte, H.N., ñⲹṛt with the comm. of 貹첹, Ānandāśrama skt. series, Volume2, page 1252150 Jolly, J., Op.cit., page70

[15]:

Kane, P.V., Op.cit., Volume1, part. 2, page839

[16]:

Misra, J, R., (revised), Op.cit., page35

[17]:

Rama Jois, M., Op.cit., page49

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