The (so-called) Smriti of Yajnavalkya was, no doubt, a work of
considerable importance in its day, and is still sometimes referred to.
It shows a somewhat more advanced state of society than the Laws of
Manu. The occupier of land has a firmer hold upon it, and there seems to
be even a possibility of transferring land by sale. The date of it has
not been fixed, but it is thought to be later than the Laws of Manu.
The Smriti of Narada belongs to a still later period, perhaps to the
5th or 6th century of our era. It goes more into detail than the other
two books just mentioned.
But far more important for practical purposes than these sacred books
are the commentaries. These are not sacred. The most important of them
all is that known as the Mitacshara. The author of it was named
Vijnaneswara. His work is a commentary on the Smriti of Yajnavalkya, and
it is supposed to have been written in the latter half of the 11th
century. Only a portion of it is used by the law courts--that portion
which relates to the partition of family property. The Mitacshara is an
important authority for Hindus all over India, and in the greater part
its authority is supreme. But there is one very important exception. In
the district which is sometimes called Bengal Proper (from its
correspondence with the ancient kingdom of Bengal, of which Gaur was the
capital), and may be roughly described as the valley of the Ganges below
Bhagalpur, the prevailing authority is a treatise called the Dayabhaga.
It is, like the Mitacshara, as its name imports, a treatise on
partition. The author of it was Jimutavahana. There does not appear to
be any more distinct clue to its date than that this author wrote after
the 12th century and before the 16th. The very important points of
difference between the two commentaries will be stated hereafter. In
western India there is a commentary of authority called the Vyavahara
Mayukha. It belongs to the 16th century. Generally its authority is
secondary to that of the Mitacshara, but in Gujrat its authority is to
some extent preferred. In the south of India the Smriti Chandrika is a
work of importance. It belongs to the 13th century. It generally follows
the Mitacshara, but is fuller on some points. The Vivada Chintamani is
used in the small district of Mithila. It is said to belong to the 15th
century.
The joint family.
Public-domain text, read in full here on John Shaqi.
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