Hindu Law and Judicature from the Dharma-Sástra of YájnavalkyaYajñavalkya
Religion
Hindu Law and Judicature from the Dharma-Sástra of Yájnavalkya
Yajñavalkya
Hindu law
_Práyaschitta_, expiations, are the religious sanctions, or penalties
of sin; the divine visitation upon offenders, and the mode in which
the sinner may avert, by atonement, the consequences of divine
vengeance.
The date of Yájnavalkya's Dharma Śástra is not definitely or
satisfactorily fixed. From internal evidence, it is doubtless much
subsequent to Manu.
The data for conjecturing the period of Yájnavalkya are;
1. Reference is made to Buddhist habits and doctrines, _viz._ the
yellow garments, the baldhead, the Swabháva (B. I. sl. 271, 272, and
349).
Hence, this Dharma Śástra must have been promulgated later than B.
C. 500.
2. Reference is made to a previous Yoga Śástra promulgated by
Yájnavalkya (B. III, sl. 110). Now, the Yoga philosophy was first
shaped into a system by Patanjali who, according to Lassen, probably
flourished about 200 B. C.
3. Mention is made of coin as _náṇáka_ (B. II, sl. 240). Now, the
word _nano_ occurs on the coins of the Indoscythian king, Kanerki,
who, according to Lassen, reigned until 40 A. C.
The result, though indefinite, places the earliest date of
Yájnavalkya's code towards the middle of the first century after
Christ.
FOOTNOTES:
[Footnote 6: See his paper _Zur Geschichte der Indischen Gesetzbúcher_
(Contributions to the history of the Indian law-books) in Weber's
_Indische Studien_, vol. I, pp. 232 to 246.]
[Footnote 7: Yájnavalkya, ch. I, sl. 3 to 5.]
[Footnote 8: We have followed Mr. Elphinstone (Hist. ch. 1) in the
orthography of this word: it is from the Portuguese _casta_, breed,
race.]
[Footnote 9: See Lassen's _Indische Alterthumskunde_, vol. II, p.
510.]
SELECTED SLOKAS OF THE FIRST BOOK.
RITUAL AND MORAL CONDUCT.[10]
1. The Munis[11] after adoration to Yájnavalkya, lord of Yogís,[12]
thus addressed him:
Reveal to us the several duties of the casts, of the orders,[13] and
of the others![14]
2. The prince of the Yogís, who then abode in Mithilá, meditating for
a moment, said to the Munis: Hearken to the rules of duty in the
country of the black antelope![15]
3. There are fourteen repositories[16] of the sciences and of law; the
four Vedas together with the Puráṇas, the Nyáya, the Mimánsá, the
Dharma Śástras, and the six Angas.[17]
4. Manu, Atri, Vishṇu, Háríta, Yájnavalkya, Uśanas, Angiras, Yama,
Ápastamba, Sanvarta, Kátyáyana, Brihaspati,
5. Paráśara, Vyása, Śankha, Likhita, Daksha, Gautama,
Śátátapa, and Vaśishṭha,[18] are they who have promulgated
Dharma Śástras.
6. When a gift is made, in due season, place and manner, in good faith
and to a fit person--all this gives the idea of Law.
7. The Śruti, the Smriti,[19] the practice of good men, what seems
good to one's self,[20] and a desire maturely considered--these are
declared to be the root[21] of Law.
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