Preface

At the outset, I take the opportunity to express, how I am attracted to select this topic for my research work. As a student of Sanskrit literature, I had the pleasure and privilege, of studying some portions of the Vyavahārādhyāya of the Yājñavalkyasmṛti, as prescribed text in the Postgraduate level under the Department of Sanskrit, Gauhati University. Subsequently, when I studied Hindu law in LL.B. course, I have come to know the importance of Smṛti literature as the source of modern Hindu law. Moreover, I have found that there is a deep influence of Yājñavalkyasmṛti in the study of law particularly in respect of the Hindu laws. Therefore, a kin interest developed in me for an intense study on the Vyavahārādhyāya for its secular nature, with a view to exploring various aspects and its relevance to other laws in force in India, at present.

The Yājñavalkyasmṛti appears to be the best composed of all the Smṛtis. It is concise, more systematic, and better arranged in the treatment of subjects than the Manusmṛti. The date of this Smṛti is fixed between the first century B.C. and third century A.D. It is the first Smṛti to make an arrangement of the subjects into three seperate chapters, and has established law in the Vyavahārādhyāya as an independent subject, bifurcating it from religion. The Vyavahārādhyāya shows an advance and liberal state of mind than that of the earlier Smṛtis. Though, some aspects of the Yājñavalkyasmṛti have already been evaluated by some scholars, yet so far it has come to the knowledge, no work has been done entirely on the Vyavahārādhyāya. Through the present study, a modest endeavour is made to bring out all the social, political, legal aspects and to prepare a synthetic and comprehensive thesis entitled ‘The Vyavahārādhyāya of the Yājñavalkyasmṛti: A Comprehensive Study’ after analysing the relevant materials of the Vyavahārādhyāya.

The present work is divided into six chapters. The first chapter is introductory in nature, which gives a general introduction to the Smṛti literature, and to the Yājñavalkyasmṛti in particular. The second chapter shows the emergence of vyavahāra from the concept of dharma, the domain of the Vyavahārādhyāya, viz. the number of vyavahārapadas and the vyavahāramātṛkā delineated in the Vyavahārādhyāya. The third chapter presents the social aspects depicted in the Vyavahārādhyāya. The fourth chapter deals with the political aspects reflected in the Vyavahārādhyāya. The fifth chapter analyses the legal tenets of the Vyavahārādhyāya, and tries to trace out comparable provisions under modern laws those are in force in India at present. The sixth chapter is the concluding chapter, which sums up the findings derived from the analysis of each chapter. It comprises an overall idea of the Vyavahārādhyāya regarding the domain of vyavahāra, social, political, legal aspects of the then Indian society, which are even significant to modern age. There are three main texts of this Smṛti arrived at with the surviving commentaries of Viśvarūpa, Vijñāneśvara and Aparārka.

The present study on the Vyavahārādhyāya, mainly analyses the text commented upon by Vijñāneśvara. The view and interpretation given in the Mitākṣarā commentary, which is comprehensive and authoritative is utilised in general and in places, where necessary, the views of Viśvarūpa, Aparārka, Śūlapāṇi and Mitramiśra are also consulted and referred to. I have based the Yājñavalkyasmṛti with the commentary of Mitākṣarā of Vijñāneśvara, edited by R. K. Panda and translated by M. N. Dutt, Bharatiya Kala Prakashan, Delhi, 2011 regarding the original text and English translation. The original text is also compared with the Yājñavalkyasmṛti edited by W. L. S. Pansīkar, Nirṇaya Sāgara edition, Bomaby, 1936. For the English translation, J. R. Gharpure’s the collection of Hindu Law Texts, volume 2, part 3 of 1938, and volume 2 part 4 of 1939, are consulted.

It is the result of my academic pursuit under the supervision of my respected Guide, Prof. Manjula Devi. I shall feel amply rewarded if the work can arise some interest in the minds of the interested readers. As I conclude, I am conscious of the probable shortcomings in the work.

(Nabanita Kalita)

Date: 13/02/2018
Place: Gauhati University