15.1. General remarks regarding Vyavahara

[Full title: (G) The distinctive legal features; (1) General remarks regarding Vyavahara].

(G) THE DISTINCTIVE LEGAL FEATURES I. GENERAL REMARKS : 1) MODERATE TREATMENT OF VYAVAHARA : 787 There are only 83 verses, dealing with yyavahara in the present text. Only four topics namely (1) Rajadharma, (2) Atatayin (3) Stripumdharma & (4) Dayavibhaga are treated in them. The exposition of the other topics of vyavahara is not found in the available verses. The verses of Devala, on the different topics of acara & prayascitta are available, in the various digests & commentaries. But those, dealing with the varied topics of vyavahara are not available. It is evident that Devala's verses, on the other topics of vyavahara, were not available even from the period of 11th & 12th century A.D. The extensive works like ww the Mitaksara, Apararka, the Krtyakalpataru etc. do not quote such verses. This may suggest that those verses might not be available, even to those early writers of the said works, eventhough Devala's smrti was possibly available to them. These writers, would not have missed to incorporate them in their comprehensive works. This suggests that Devala might not have dealt with the other topics of vyavahara. 2) ABSENCE OF ROYAL RECOGNITION : The smrtis, those of Manu, Yajnavalkya, Katyayana, Narada, Brhaspati etc. deal exhaustively with various titles of vyavahara. 1

790 But Devala does not treat them elaborately like other smrtis. This may reflect upon the following facts. There might be a state of anarchy & chaos in the society, with the loss of kingdom, due to foreign invasion. In fact, the precepts, dealing with vyavahara, are meant for the guidance of king, who would follow them, in the legal matters. Some smrtis, like those of Manu, Yajnavalkya etc. must have had such a royal recognition. Moreover, such smrtis were circulated among the friendly states, for the guidance & adherence. But in the absence of royal recognition & prevalence of the state of anarchy or foreign rule, there would be no significance & necessity of the directives regarding vyavahara. This might be the reason for the omission of the other topics of vyavahara by Devala. He has dealt with only such topics, that are of general interest & application.