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Devala-smriti (critical study)

by Mukund Lalji Wadekar | 1982 | 67,394 words

This essay represents an English study of the Devala-smriti—an ancient text attributed to sage Devala classified as belonging to the Dharma-Shastra branch of Indian literature which encompasses jurisprudence and religious law. This study deals with the reconstructed text of the Devalasmriti based on surviving references, emphasizing Devala’s unique...

[Full title: (H) The distinctive expiatory features; (2) Rules regarding Anugraha].

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1) RELAXATION OR CONDONATION IN THE PRESCRIBED EXPIATION : Several expiations are prescribed for eliminating sins, but the weak may not be able to stand them, Hence for the sake of protection of masses, the host of learned Brahmins, the knowers of Dharma, are required to suggest concession or

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813 relaxation in the prescribed penance (1885-1889). This concession should not be awarded by one person, though proficient in vedas, but assembly or group of knowers of Dharma are authorised to 5 prescribe it. This is opposed to Yajnavalkya (1.9), who alternatively allows to accept the verdict, even of one person, expert in spiritual knowledge. The concession, varies in accordance with severity or otherwise of the offence. It has not to be declared through the force of any such element like love, greed, fear or ignorance. The rule of relaxation in the prescribed penance is to be resorted to only, when, it amounts to danger to the life of the person, undergoing it & not at all, in case of a healthy person. 2) CIRCUMSTANCES TO BE CONSIDERED FOR THE PRESCRIPTION OF A PARTICULAR TYPE OF PENANCE : Many circumstances are to be considered for imposing the expiation on the sinful. (1890-1907). The caste, capacity, strength, wealth, qualities, age & sex of the performer, the is number of times, the sin committed; whether the act has been done with intention or without it; whether it is committed secretly or publicly,, the time & place of the sin perpetrated these & several other conditions are to be taken into consideration. The following rules are recommended for prescribing the penance. 1) The half of the penance, prescribed to brahmana should be enjoined for ksatriya, half of that of ksatriya to the vaisya

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814 & half of that of vaisya to the sudra. Thus the hierarchical, caste-wise distinction is made in respect of prescription of penance. (2) Whatever expiation has been ordained for a sinful act in public, the twentieth part of it, has been prescribed for performing it in secret, & the thirtieth or sixtieth part thereof according to his caste. (3) The expiation, prescribed for committing a sin without intention, was doubled, when it was perpetrated with intention. (4) The penance could be efficacious provided, it is prescribed in case of a sin, perpetrated only once, without intention, but no penance whatsoever is deemed fit to wash away the sin when it is committed repeatedly with intention. The author however refers to the view of others, who prescribe an expiation, even in such cases of intentional commitment of sin. } (5) The author also points out that when sin is committed repeatedly, the expiation at the second time, should be double. It should be three times more, if committed thrice, but there is no expiation to purify him, if it is perpetrated for four times. 6) If the penance is not performed at proper time & much time has elapsed after the commitment of sin, the author ordains that the penance is to be the double of what is ordinarily prescribed & punishment by the king is also double. This shows that expiation was to be undergone within the prescribed limit

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of period. In case of some sins, punishment & penance, both were prescribed for the sinner. 815 (7) It may be added that even the monetary or financial condition of a person is to be taken into consideration, while prescribing certain expiations. For example, while prescribing the svarnakrechra (2151) it is mentioned that the king or a wealthy person (mahaprabhu) should give gold of the amount of a varaha (a coin, equal to five rupakas. One rupaka one masa of five gunjas), half of it, should be donated by a middle class person, & half of that of the latter, should be prescribed for other ordinary people. (8) The decision of the assembly about prescription of expiation should be unanimous as far as possible. 3) DUTY OF A KING AS AN IMPOSER OF KRCCHRA : The king declares some punishment & penalty for the guity person. Similarly, it is also his duty to impose a particular expiation upon the criminal. According Devala (1893), the king is the imposer of Krcchras, the dharmapathaka (the religious adviser) is the indicator or adviser of it, while the sinner is the subject of expiation & king's officers are the protectors i.e.executive authorities of the prescribed expiation. This verse suggests that like punishments, even expiations also were given great importance by the king & he had even officers that carefully supervised the proper performance of it, by the sinner.

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816 Moreover, the brahmanas could even prescribe prayascitta, with the consent of the king. In respect of minor lapses, the brahmins alone could prescribe it, without consultation with the king. Only in case of great sins, the king & the learned brahmanas, could declare the penal penance, after due consideration of circumstances (1891).

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