Hindu Law and Judicature from the Dharma-Sástra of YájnavalkyaYajñavalkya
Religion
Hindu Law and Judicature from the Dharma-Sástra of Yájnavalkya
Yajñavalkya
Hindu law
VI. _Nyáya_, one of the six orthodox systems of Hindu philosophy,
treating especially of logic and dialectics.
VII. _Mimánsá_, there are two Mimánsás: the first (_pūrva_) treats
of the rules of duty, as derived from the Vedas, the second or
subsequent (_uttara_) treats of Brahmá, the universal cause and soul.
VIII. _Dharma Śástras_, _viz._ Manu, Yájnavalkya, &c., the
subject being divided into, 1. Ritual and moral conduct (_áchára_); 2.
Law and judicature (_vyavahára_); 3. Expiations (_práyaschitta_).
XIV. _Angas_, six treatises, _viz._, pronunciation, grammar,
prosody, explanation of obscure terms, religious rites, astronomy.
These are considered appendants of the Vedas. The word _angas_
signifies, limbs.]
[Footnote 18: To these twenty many others have to be added, Nárada,
&c.: see Introduction.]
[Footnote 19: Śruti are the Vedas; Smriti, the Dharma Śástras:
such is the definition of Manu, ch. 2, sl. 10.]
[Footnote 20: The Commentator qualifies this indefinite source of law,
as applicable only where two or more lawful alternatives are
presented.]
[Footnote 21: Further explained by the Commentator, the evidence or
proofs of law; and he adds, the several proofs mentioned, where they
clash, are of weight and authority according to their precedence,
_e.g._ Śruti the highest, the mature desire the lowest, Manu, ch.
2, sl. 6, 12.]
[Footnote 22: Which means, having knowledge of the three Vedas. See
Manu, ch. 12, sl. 110 to 113.]
[Footnote 23: To explain or enlarge upon this metaphysical phrase
would be out of place in the present work. The curious student can
refer to the Upanishads and the Vedánta.]
[Footnote 24: Which, in the time of our author, meant, the place of
cremation. In the third book, sl. 1, 2, Yájnavalkya says:--A child
under two years of age is to be buried, nor shall water be offered;
every other deceased, being followed by his relatives to the place for
disposal of the dead, shall there be burned.
It was certainly otherwise at the period of the Vedas (vide _Die
Todtenbestattung im indischen Alterthum. German Oriental Society's
Journal, Vol. VIII. pp._ 467--475): the paraphrase in the text is the
meaning of the term used, _smasána._]
[Footnote 25: Texts of the Vedas to be recited on solemn occasions.
See analogous passage, Manu ch. 2, sl. 16.]
[Footnote 26: So we supply the hiatus in the text, in conformity with
the opinion of the Commentator. Manu makes no allusion to the
alternative, ch. 2, sl. 36.]
[Footnote 27: Induction into the character and privileges of his cast,
by means of the sacred thread.]
[Footnote 28: who, being Kshattriyas, here represent the cast.]
[Footnote 29: at mid-day. (_M._)]
[Footnote 30: Manu ch. 7, sl. 216.]
[Footnote 31: ibid, 201 et seq.]
[Footnote 32: ibid, 13, 41.]
[Footnote 33: Manu ch. 8, sl. 306.]
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