Yajnavalkya-smriti (Vyavaharadhyaya)—Critical study
by Kalita Nabanita | 2017 | 87,413 words
This page relates ‘Domain of the Vyavaharadhyaya’ 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 2.2 - The Domain of the Vyavahārādhyāya
Yājñavalkya is the first Smṛti writer to arrange his work in three chapters viz.
- ācāra,
- vyavahāra and
- prāyaścitta.
Yājñavalkya named the second chapter dealing with the law properly, the Vyavahārādhyāya. In this chapter, he has maintained law much more systematically and without mingling with moral and religious rules. Even though, Yājñavalkya recognised vyavahāra as a part of dharma, realised the importance of vyavahāra as an independent subject, and so he classified it separately under one chapter, and adequate emphasis was given on its sanctity. Thus, for the first time, a clear demarcation is established between law and religion that settled the pattern and form of Hindu Law for future.
In the Vyavahārādhyāya, it can be noticed that Yājñavalkya has described not only judicial procedure but also titles of law. He briefly discusses the complete legal system including both substantive law and adjective or procedural law. The substantive law, determines rights and liabilities of parties, whereas adjective or procedural law prescribes the practice, procedure and machinery for the enforcement of those rights and liabilities.[1] Regarding the purpose or contents of the Vyavahārādhyāya, the Mitākṣarā describes at the beginning of the Vyavahārādhyāya that Yājñavalkya has started the chapter to delineate the nature of vyavahāra, its classifications, the procedures to be followed etc.[2]
The Vyavahārādhyāya begins with sādhāraṇavyavahāramātṛkāprakaraṇa. It lays down the basic or fundamental principles and laws which are in general applicable to all lawsuits. This prakaraṇa is followed by asādhāraṇavyavahāramātṛkāprakaraṇa which mentions the special laws and regulation that are not applicable generally, but in some of the cases only. Then Yājñavalkya has treated the vyavahārapadas separately under different headings as an individual prakaraṇa. In the Vyavahārādhyāya after the upanidhiprakaraṇa the means of proof are dealt with profoundly.
Footnotes and references:
[1]:
Takwani, C.K., Civil Procedure, page3
[2]:
sa ca vyavahāraḥ kīdṛśaḥ, katividhaḥ, kathaṃ cet… dvitīyo’dhyāyaḥ prārabhyate/ Mitākṣarā on Yājñavalkyasmṛti,