Yajnavalkya-smriti (Vyavaharadhyaya)—Critical study

by Kalita Nabanita | 2017 | 87,413 words

This page relates ‘Texts of the Yajnavalkyasmriti and Review of Literature’ 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.

Chapter 1.2f - Texts of the Yājñavalkyasmṛti and Review of Literature

The Yājñavalkyasmṛti has been published many times. The numbers of editions are increasing since it was published and translated into German by A.F. Stenzler in 1849. V.N. Mandlik edited and translated into English, the Yājñavalkyasmṛti in 1880.

There are three main editions of this Smṛti, viz.

  1. the Nirṇayasāgara edition,
  2. the Trivandrum edition and
  3. the Ānandāśrama edition.

The Nirṇayasāgara edition contains the commentary of Vijñāneśvara called Mitākṣrā.[1] The Trivandrum edition is based on the commentary of Bālakrīḍā composed by Viśvarūpācārya.[2] Ānandāśrama edition deals with the commentary of Aparāditya known as Aparārkāparā, in short Aparārka.[3] It is remarkable that the texts arrived at with the help of the surviving commentaries do not show too many discrepancy having a significant dissimilarity in meaning.[4] However, the number of verses differs in these three texts commented upon by the three commentators, and it is shown in the following table.

Edition Commentator Total Nos. of verses Nos. of verses in
Ācārādhyāya
Nos. of verses in
Vyavahārādhya
Nos. of verses in
Prāyaścittādhyāya
Nirṇayasāgara Vijñāneśvara 1009 368 307 334
Trivandrum Viśvarūpācārya 1003 363 310 333
Ānandāśrama Aparāditya 1006 366 306 334


It is to be mentioned here that the text of the Mitākṣrā (Nirṇayasāgara edition) said to have contained total 1010 verses in some places.[5] They have mentioned number of verses in the Prāyaścittādhyāya to be 335 instead of 334.

Three verses of the Ācārādhyāya, viz. 1.76[6], 1.197[7] and 1.207[8]  found in the text of Mitākṣrā are present in Aparārka but absent in Bālakrīḍā. Half of the verses numbered as 1.232[9] and 1.234[10] in the Mitākṣrā do not exist in the Aparārka, and the Bālakrīḍā. Whole verse numbering 1.289 of the Mitākṣrā is not mentioned in the Bālakrīḍā, whereas second half of this verse is omitted in the Aparārka.[11] On the other hand, verses numbering 2.29[12] and 2.34[13] of Viśvarūpa do not occur in the text of Vijñāneśvara and Aparārka. Likewise, two verses of the third chapter, i.e. 3.255[14] and 3.256[15] are found in the text of Viśvarūpa, but not in other two editions. The Mitākṣrā has adopted a verse numbering 3.23[16] and it is lacking in the Aparāka and the Bālakrīḍā. An additional verse is found in the Mitākṣrā between the two verses numbered as 308 and 309 of Ācārādhyāya, which has not been assigned a number.[17] Thus, little variants can be noticed in the number of verses among the texts of the three editions. Moreover, the texts exhibit some kind of dissimilarities in the sequences of the verses, particularly pertaining to the third chapter called the Prāyaścittādhyāya.[18] In the texts of Vijñāneśvara and Viśvarūpa, difference is also visible in a good number of readings. For instance, the two verses where the names of the writers on dharma are incorporated may be referred.[19] The text commented upon by the Vīramitrodaya is closely related to the text of the Mitākṣrā commentary. For the purpose of this research work, the text commented upon by Vijñāneśvara is based and utilised generally, otherwise it will be specifically mentioned.

K.P. Jayaswal has pointed some verses of first and third chapter as interpolated.[20] He traces six verses out of nine in the introduction of first chapter to be interpolated.[21] According to him 137 verses describing anatomy of human body, long discourse on yoga and last verses counting from 329 of third chapter bears clear sign of borrowing and of later addition.[22] Kane finds it improper to hold the verses containing Yoga and anatomy as interpolation. As, such topics are not unfamiliar to the Dharma literature, e.g. the Manusmṛti includes matter on Yoga[23] , the Nāradasmṛti deals with a long disquisition on impotency. [24] It is difficult to furnish a definite conclusion regarding presence of various strata in Yājñavalkyasmṛti due to want of sufficient material. However, going through the available evidences it is observed that the text has received slight verbal changes with adding and omitting a few verses between 800-1100 A.D., but the text remained in the main same from 700 A.D.[25]

The Yājñavalkyasmṛti exerts utmost influence on the later literature. For a comprehensive study of the Vyavahārādhyāya of the Yājñavalkyasmṛti, various works are dealt with. All the major commentaries of Yājñavalkyasmṛti, viz. the Bālakrīḍā, the Mitākṣarā, the Aparārka, the Vīramitrodaya and the Dīpakalikā have been consulted. The Mitākṣarā commentary is mainly followed and quoted in this study. When the passages of the other commentaries are found in agreement with the Mitākṣarā, generally the Mitākṣarā passage has been quoted. If any considerable difference is traced in other commentaries with the Mitākṣarā, then wherever necessity is felt, the views of other commentators are also referred to. The Yājñavalkyasmṛti with the commentary Mitākṣarā, edited by R. K. Panda and the main text translated into English with notes by M. N. Dutt, is mainly based for study of Vyavahārādhyāya, besides the above mentioned editions. There are a great number of editions of the Yājñavalkyasmṛti and it will not be possible to trace here all. J. R. Gharpure’s Collection of Hindu Law Texts, Volumes two, Part three and four are very helpful, as he has published there the translation of three commentaries, i.e. the Mitākṣarā, the Vīramitrodaya, the Dīpakalikā on the Vyavahārādhyāya of the Yājñavalkyasmṛti along with notes, explanation, etc. The Vyavahāramayūkha of Nīlakaṇṭha translated by P. V. Kane and S. G. Patwardhan is useful for being encyclopedic work on the Dharmaśāstras, which deals with topics of vyavahāra. The Vyavahārakāṇḍa of the Smṛticandrikā composed by Devannabhaṭṭa is important to know the views of the different Smṛtikāras on various aspects of vyavahāra. In this connection, the Daṇḍaviveka of Vardhamāna Upādhyāya, which is in the nature of manual of criminal law, deserves mention. Its translation by Bhabatosh Bhattacharya was published in 1973. Moreover, the study of Manusmṛti, Nāradasmṛti, etc., is necessary for a comprehensive study with the text of the Yājñavalkyasmṛti. The Dāyabhāga of Jīmūtavāhana is another important work. It was considered as an authority in Bengal instead of the Mitākṣarā, in the matters relating to inheritance, partition, strīdhana, etc., of Hindu law. Colebrook has translated the Dāyabhāga and the provisions of the Mitākṣarā concerning partition and inheritance together in the book called Dāyabhāga and Mitākṣrā.

Modern Scholars have contributed a lot in the field of the Smṛti literature including the Yājñavalkyasmṛti. The History of Dharmaśāstra of P. V. Kane in five Volumes is an inevitable work relating to this study. It presents the most comprehensive treatment of the religious and civil law of ancient and medieval India. The Sacred Books of the East comprises translations of Manusmṛti, Nāradasmṛti and Bṛhaspatismṛti in twenty-five and thirty-three Volumes edited by F. Max Müller. Mention should be made to the three volumes of the Kauṭilīya Arthaśastra of R. P. Kangle. For the study of the introductory section, The History of Dharmasūstras, and A Brief History of Dharmaśāstra by S.C. Banerji, The Dharmaśāstra -An Introductory Analysis edited by B. K. Swain, F. Max Müller’s Ancient Sanskrit Literature, Volume one, M.Winternitz’s History of Indian Literature,Volume three, Cultural Heritage of India, Volume five, etc., are noteworthy. For the study of second and fifth chapters, a great number of books are discussed. Among them, Hindu Law and Custom by Julius Jolly, The Classical Law of India by Robert Lingat, Legal and Constitutional History of India by M. Rama Jois, B. K. Swain’s The Voice of Verdict, J. D. Mayne’s Treatise on Hindu Law and Usage, etc., need special mention. Moreover, various Acts, Constitution of India and the Modern Law Books are also consulted. For the sociopolitical study, The Cultural Heritage of India, Volume two, State and Government in Ancient India, and The Position of Women in Hindu Civilization by A. S. Altekar, Śudras in Ancient India by R. S. Sharma, Studies in the Political and Administrative Systems in Ancient and Medieval in India by D.C. Sircar, India of Vedic Kalpasūtras by R. Gopal, etc. are worth mentioning. For the study of the Yājñavalkyasmṛti, K. P. Jayaswal’s Manu and Yājñavalkya is very much helpful for the readers. Thus, both Indian and Foreign Scholars have enriched the study relating to the Smṛti literature. For an exhaustive study of the Vyavahārādhyāya, various papers, articles, etc., are consulted. The papers like ‘Position and Status of Women in the Yājñavalkyasmṛti’ by M. Srimannarayana Murti, published in Pandit N. R. Bhatt Felicitation Volume, ‘Significance of Ananyapūrvikā in the Yājñavalkyasmṛti’ by S. G. Moghe, published in Studies in the Dharmaśāstra, ‘Women’s Right of Property- Dāya in the Dharmaśāstra’, by N.R. Sharma, published in a journal called Surabhārati, ‘The Authoritativeness of the Customs as Sources of Dharma: the Attitude of the Dharmaśāstra’, by H. C. Śāstri, published in Proceedings of the National Seminar on living customs and their ancient Indian sources, Edited by V. N. Jha are worthy to be mentioned.

It may be noticed that there are varied works on the Yājñavalkyasmṛti and to the allied literature, contributed by a number of authors till date. However, for the sake of precision, all the materials could not be traced here.

Footnotes and references:

[1]:

Pansekar, W. L. S. (Edited), Yājñavalkyasmṛti with the comm. of Vijñāneśvara, Nirṇayasāgara, Bombay, 4th Edition, 1936

[2]:

Sastri, T.G. (Edited), Yājñavalkyasmṛti with the comm. of Viśvarūpa, Trivandrum skt. series, 1922-1924

[3]:

Apte, H.N. (Edited), Yājñavalkyasmṛti with the comm. of Aparārka, Ānandāśrama skt. series, Poona, 1903-1904

[4]:

Lingat,R., Op.cit., page 97

[5]:

Kane, P.V., Op.cit, Volume1, Part 1, page423; Chatterji, S. K. (Edited), The Cultural Heritage of India, Volume 5, page83

[6]:

ājñāsaṃpādanīṃ dakṣāṃ vīrasūṃ priyavādinīm/ tyajandāpyastṛtīyāṃśamdravyo bharaṇaṃ striyāḥ// Yājñavalkyasmṛti, 1.76 (Nirṇayasāgara Edition)

[7]:

rathyākardamatoyāni spṛṣṭānyantyaśvavāyasaiḥ/ mārutenaiv suddhrayanti pakveṣṭakacitānica// Ibid., 1.197

[8]:

yāvadvatsasya pādou dvou mukhaṃ yonya ca dṛśyate/ tāvadgouḥ pṛthivī jñeyā yāvadgarbhaṃ na muñcati// Ibid., 1.207

[9]:

tathācchādanadānaṃ ca karaśoucārtham bu ca/ Ibid., 1. 232.

[10]:

apahatā iti tilānvikīrya ca samantataḥ/ Ibid., 1. 234.

[11]:

dadhyannaṃ pāyasaṃ caiva gudapisṭaṃ samodakam/ etānsarvānsamāhṛtya bhūmou kṛtvā tataḥ śiraḥ// Ibid., 1. 289

[12]:

āgamena viśuddhena bhogo yāti pramāṇatām/ abiśuddhāgamo bhogaḥ prāmāṇyaṃ nādhigacchati//Yājñavalkyasmṛti, 2.29, (Trivandrum Edition)

[13]:

kulāni jātayaḥ śreṇyo gaṇān janapadānapi/ svadharmāccalitān rājā vinīya sthāpayat pathi/ Ibid., 2.34

[14]:

rajakavyādhaśailūṣaveṇucarmopajīvinaḥ/ brāhmaṇyetān yadā gacchet kṛcchraṃ cāndrāyaṇaṃ caret// Ibid., 3.255

[15]:

śvapākaṃ pulkasaṃ mlecchaṃ candālaṃ patitaṃ yathā/ etāṃstu brāhmaṇī gatvā careccāndrāyaṇatrayam// Ibid., 3.256

[16]:

ādantajanmanaḥ sadya ācūḍānnaisikī smṛtā/ trirātramā vratādeśāddaśarātramataḥ param// Yājñavalkyasmṛti, 3.23 (Nirṇayasāgara Edition)

[17]:

grahāṇamidamātithyaṃ kuryātsaṃvatsarādapi/ ārogyabalasaṃpanno jīvetsa śaradaḥ śatam// Ibid.

[18]:

cf., Yājñavalkyasmṛti, 3. 14-29 in Bālakrīḍā and Mitākṣrā

[19]:

cf., Yājñavalkyasmṛti, 1.4-5, Ibid.

[20]:

Vide, Jayaswal, K.P., Op.cit., pages 56-58

[21]:

Yājñavalkyasmṛti, 1.1,2, 4,5,6,8

[22]:

Ibid., 3. 67-203; 329-334

[23]:

Manusmṛti, 6. 70-73

[24]:

Nāradasmṛti, 4.12, 9-14

[25]:

Vide, Kane, P.V., Op.cit.,Volume1, Part 1, pages447, 429, 430

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