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Yajnavalkya-smriti (Vyavaharadhyaya)—Critical study

by Kalita Nabanita | 2017 | 87,413 words

This page relates ‘Meaning of the Term smriti� 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.

Go directly to: Footnotes.

Chapter 1.1a - Meaning of the Term ²õ³¾á¹›t¾±

The ³§³¾á¹›t¾± literature indicates the post-Vedic treatises, which are repository of ancient Indian rules for the proper management of society in almost all walks of human life. Etymologically, the Sanskrit word ²õ³¾á¹›t¾± has been derived from the root ²õ³¾á¹�, meaning ‘to rememberâ€� with affix ktin. Here the term ²õ³¾á¹›t¾± is in contradiction to the word Å›°ù³Ü³Ù¾±. The word Å›°ù³Ü³Ù¾± is derived from the root Å›°ù³Ü, ‘to hearâ€�, meaning, what is heard or have been revealed, refers to the Vedas.[1] Thus, ³§³¾á¹›t¾± signifies remembered tradition or knowledge, derived from memory, in opposition to the Åš°ù³Ü³Ù¾±, which is the knowledge, acquired through revelation.

The word ²õ³¾á¹›t¾± is used to denote two meanings. In its wider sense, ³§³¾á¹›t¾± means all ancient non-Vedic works, which are written from one’s memory. Hence, ³§³¾á¹›t¾± includes the ³Õ±ð»åÄåá¹…g²¹²õ, the ²Ñ²¹³óÄå²ú³óÄå°ù²¹³Ù²¹, the ¸éÄå³¾Äå²â²¹á¹‡a, the ¶Ù³ó²¹°ù³¾²¹Å›Äå²õ³Ù°ù²¹²õ, the ±Ê³Ü°ùÄåṇa²õ, the ´¡°ù³Ù³ó²¹Å›Äå²õ³Ù°ù²¹, etc[2] . In its narrower sense, the meaning of ³§³¾á¹›t¾± is limited to a kind of work, dealing with dharma and therefore the ³§³¾á¹›t¾±s are called the ¶Ù³ó²¹°ù³¾²¹Å›Äå²õ³Ù°ù²¹²õ.[3] The ¶Ù³ó²¹°ù³¾²¹Å›Äå²õ³Ù°ù²¹ is a general term applied to two species of its kind viz. the ¶Ù³ó²¹°ù³¾²¹²õÅ«³Ù°ù²¹²õ and the ³§³¾á¹›t¾±s.[4] The ¶Ù³ó²¹°ù³¾²¹Å›Äå²õ³Ù°ù²¹²õ are the treatises written for regulating the rights and liabilities of the king, and members of the society, to meet the requirement of a changing society. Among them, those written in ²õÅ«³Ù°ù²¹ form are known as the Dharma²õÅ«³Ù°ù²¹ and those, which are in the form of Å›±ô´Ç°ì²¹²õ (verses) are known as the ³§³¾á¹›t¾±s.[5] Hence, the term »å³ó²¹°ù³¾²¹Å›Äå²õ³Ù°ù²¹ is much wider than the term dharma²õÅ«³Ù°ù²¹. The word »å³ó²¹°ù³¾²¹Å›Äå²õ³Ù°ù²¹ is applied often to the ³§³¾á¹›t¾±s in opposition to the DharmaÅ«tras. Patrick Olivelle observes that the distinction between ³§Å«³Ù°ù²¹ and ÅšÄå²õ³Ù°ù²¹ appeared much less clear in their early usage, however, in the later expert tradition of Dharma and ²ÑÄ«³¾ÄåṃsÄå, it appeared that ÅšÄå²õ³Ù°ù²¹ had a broader semantic range and included the ³§Å«³Ù°ù²¹ compositions, as well as the metrical ³§³¾á¹›t¾±s.[6]

The ¶Ù³ó²¹°ù³¾²¹²õÅ«³Ù°ù²¹²õ and the ³§³¾á¹›t¾±s deal with same subject-matters, but the ³§³¾á¹›t¾±s are more extensive works and treat rules of a juridical nature in more details. However, the ³§³¾á¹›t¾±s do not neglect the observances and practices of religion or ritual also. They contain matters mixed of religion, cosmogony, law, ritual and moral. Scholars have distinguished the ³§³¾á¹›t¾±s from the ¶Ù³ó²¹°ù³¾²¹²õÅ«³Ù°ù²¹²õ depending upon certain points of differences.

The differences between the Dharma²õÅ«³Ù°ù²¹ and the ³§³¾á¹›t¾± are laid down in the following ways[7] -

(i) The ¶Ù³ó²¹°ù³¾²¹²õÅ«³Ù°ù²¹²õ are primarily written in the ²õÅ«³Ù°ù²¹ style, i.e. aphoristic language and in some of them verses are interspersed. On the other hand, the ³§³¾á¹›t¾±s are composed in verses only.

(ii) The use of archaic forms is more distinct in the ¶Ù³ó²¹°ù³¾²¹²õÅ«³Ù°ù²¹²õ than that of the ³§³¾á¹›t¾±s.

(iii) The authors of the ¶Ù³ó²¹°ù³¾²¹²õÅ«³Ù°ù²¹²õ do not attribute any divine origin whereas, origin of the ³§³¾á¹›t¾±s such as of Manu, ³ÛÄåÂáñ²¹±¹²¹±ô°ì²â²¹, etc., are attributed to gods like µþ°ù²¹³ó³¾Äå.

(iv) The ¶Ù³ó²¹°ù³¾²¹²õÅ«³Ù°ù²¹²õ do not arrange the topics in an orderly manner, but the ³§³¾á¹›t¾±s deal with their contents in order and under distinct heads.

(v) The ¶Ù³ó²¹°ù³¾²¹²õÅ«³Ù°ù²¹²õ form part of the Kalpa²õÅ«³Ù°ù²¹s or are closely connected with the Gá¹›hya²õÅ«³Ù°ù²¹s. The ³§³¾á¹›t¾±s do not show any such resemblance.

(vi) Unlike the ³§³¾á¹›t¾±s, the ¶Ù³ó²¹°ù³¾²¹²õÅ«³Ù°ù²¹²õ are affiliated to certain Vedic schools where they were studied. This tradition is absent in the ³§³¾á¹›t¾±s.

Footnotes and references:

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[1]:

Å›°ù³Ü³Ù¾±stu vedo vijñeyá¸�/ Manu²õ³¾á¹›t¾±,2.10

[2]:

Vide, Kane, P.V., History of ¶Ù³ó²¹°ù³¾²¹Å›Äå²õ³Ù°ù²¹, Volume1, Part 1, page299

[4]:

De, S. K., et al (Edited), The Cultural Heritage of India, Volume2, page308

[5]:

Vide, Rama Jois, M., Legal and Constitutional History of India, page22

[6]:

Vide, Olivelle, P., ¶Ù³ó²¹°ù³¾²¹²õÅ«³Ù°ù²¹²õ-The Law Codes of Ä€±è²¹²õ³Ù²¹³¾²ú²¹, Gautama, µþ²¹³Ü»å³óÄå²â²¹²Ô²¹ and ³Õ²¹²õ¾±á¹£á¹­³ó²¹, p.xvii

[7]:

Vide, Banerji, S. C., ¶Ù³ó²¹°ù³¾²¹²õÅ«³Ù°ù²¹²õ-A Study in Their Origin and Development, page2

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