- Vyāsa In Jivananda (part II, pp. 321-342 ) and in the Anandā srama collection of smṛtis there is a smrti ascribed to Vyasa (pp. 357-371 ). The two texts are the same with a few variations. It is in four chapters and contains about 250 verses. Vyāsa is said to have declared the Smrti in Benares.
640 यमार्याः क्रियमाणं तु शंसन्त्यागमवेदिनः । स धर्मों यं विगर्हन्ति तमधर्म
Tad il pictato ( 1T1 p. ). 841 ब्राह्मणो न च हन्तव्यः सुरा पेया न च द्विजैः । ब्राह्मणस्वर्णहरणं न कर्तव्य
कदाचन ॥ गुरुपत्नी न गच्छेच्च संसर्ग तैश्च नाचरेत् । महापातकिसंज्ञा Parent Haiferat: 11 3792T* p. 1044,
FOUNI
191
530
History of Dharmaśāstro
The contents briefly are :– the dharmas herein laid down prevail only in that region where the black deer roam about; the authoritativeness of sruti, smrti and purāṇas; mixed castes; sixteen saṁskāras ; duties of brahmucārī; marriage; a Brāhmana may marry Ksatriya or Vaisy& girl but not Sūdra ; duties of a wife; the nitya, naimittika and kāmya acts of householders, eulogy of the householder stage and of gifts.
Viśvarūpa quotes a few verses of Vyāsa. They are mostly taken from the Mahābhārata and are concerned with topics of marriage, daily duties (such as washing the teeth and bathing ), srāddha and prāyascitta. Similarly Medhātithi quotes several verses from the Mahābharata as Vyasa’s. Kalpataru quotes Vyāga about 80 times ou Vyavahāra, 16 times in Grhastha, 3 times on Rājadharma. Viśvarūpa on Yaj. II. 121 ( part 2, p. 121 ) quotes three verses of Vyasa on theft, the 2nd and 3rd of which say ‘on acquiring by theft one suvarṇa, one cow or even one fingerbreadth of land from the best of brāhmaṇas (the thief ) certainly receives bodily punishment’ (or death sentence ); and ‘by gift or theft the reward ( or result ) is middling or lowest or highest, depend ing on the extent of the thing donated and the worth of the donee’. Maskarin on Gaut. 23. 2 quotes Vyāsa’s verse842 (i. e. Mahābhārata, Udyoga parva, 59. 5, that both Keśava ( Krona) and Arjuna were seen drunk (having drunk sweet liquor ), who had applied sandalwood paste to their bodies and who lay down on the same bed. Kalpntaru ( Grhasthakāṇda p. 302 )048 speaks of only five Yamas and five Niyamas ( as quoted below ), while the Yogasutra also names five Yamas and five Niyamas, but Yāj. III. 312-313 and Vaik. Smārtasūtra IX. 4 enumerate ten yamas and ten niyamas; vide H. of Dh. Vol. V.
..
.
..
.
842 मस्करिन् quotes व्यास ‘उभौ मध्वासवक्षीबावुभौ’ चन्दनचर्चितौ । एकपर्यङ्क
शयनी दृष्टौ मे केशवार्जुनौ ॥ In the Ch. ed. this is read as उभौ मध्वासवक्षीबावुभौ चन्दनरूषितौ । … नैकरत्नविचित्रं तु काञ्चनं महदासनम् ।
falaurearonte to appare nt ut sortie 69. 5–6. ( Ch. ed. ). अहिंसा सत्यवचनं ब्रह्मचर्यमकल्कता । अस्तेयमिति पश्चैते यमाश्चैव व्रतानि च ॥ अक्रोधो गुरुशुश्रूषा शौचमाहारलाघवम् । अप्रमादश्च नियमाः पञ्चैवोपवताति
Il pyo TERTO p. 302. a here is explained as sfang eigen atay and apto as THREACH by figo
643
Dont
TI
FOUNDED
1917
- Vyasa
631
p. 946 n. 1525 and pp. 1419-21 for these. Vyāsa say8644 nobody is a friend or foe of anybody; friends and enemies arise on account of power’. Vyāsa refers to the opinion of some that one should not marry a girl of the same gotra as that of one’s mother (in her maiden state ). Yyāsa and Bșhaspati provide that aged parents, a virtuous wife and a son who is e child must be given maintenance even by taking to conde mned means of livelihood. A brāhmana should not hanker after gifts; he may collect them only for his livelihood; a brāh mana taking more than what is required for his maintenance incurs degradation. In Aparārka, the Smṛticandrikā and other works about two hundred verses of Vyāsa are cited on vyavahāra. From these it appears that Vyāsa dealt with rules of procedure and the several titles of law ( vyavahāra-padas ) and that his doctrines closely agreed in most respects with those of Nārada, Kātya yana and Bșhaspati. He gives rules on the four kinds of uttara (mithyā, sampratipatti, kārana and prān-nyaya ), divides documents into three varieties ( svahasta, janapada, rājaśāsana ), divides laukiku documents into eight sub varieties ( just as Kātyāyana seems to have done ); Yāj. (1. 316-318 ) provides that when a king makes a grant of land or of a permanent right to receive a certain sum of money or a certain part of goods, he should inscribe on a piece of cloth or on a copper plate the details of the grant with his seal. Byhaspati (four verses quoted by Aparārka on pp. 579-580 ) deals more elaborately with the same matter and Aparārka quotes about eight verses of Vyāsa, one of which prescribes that the grant should record in it the merit for the grantor and his successors who continue the grant, and heaven for 60000 years, and hell for the same length
844 न कश्चित्कस्यचिन्मित्रं न कश्चित्कस्यचिद्रिपुः । सामर्थ्ययोगाजायन्ते मित्राणि
fqq4720111 7670 ( on (1574 ) p. 97 ; vide ilmaga 138. 110 a afata … PHEHET I 374aca Pragadt … F11 11; wat high नेच्छन्त्युद्वाहकर्मणि । जन्मनाम्नोरविज्ञान उद्वहेदविशतितः ॥ p. गृहस्थ. ( Fryo ); a = Arafatt pleaft sraf ya: @TY: 1 39679778ETO Focal Hacar agladia II Tartīdaanzit in Tko ( foc qo ) p. 229. अकार्यशत निन्दिता वृत्तयः; प्रतिग्रहरुचिर्न स्याद्यानार्थ ( यात्रार्थ तु समाहरेत् । स्थित्यर्थादधिकं गृह्णन् ब्राह्मणो यात्यधोगतिम् ॥ 2.21 T. ( Frigo ).
AINS
582
of time for him who resumes it.646 Vyāsa lays down that if & stranger enjoys a person’s land for twenty years when the king i is there (i. e. when there is no revolution or anarchy) and when the owner is able (to resist) the latter loses his property.848 He speaks of adverse possession as having five characteristics.s47 He mentions seven kinds of sureties, wbile Harita and Kātyāyana speak of only five and Bșhaspati of four. He speaks of only five kinds of ordeals. He defines a niska as equal to 14 suvarṇas, a suvarṇa being equal to eight palas.843 Vyasa seems to represent a middle stage in the evolution of the rights of the widow to succeed to her deceased husband. He says that a woman was to get a maximum of two thousand (kārsāpanas) from the estate of her deceased husband.648 (besides what he gave her when living ). Vyasa gave to the father and sons equal share in ancestral property and allowed partition even against the wish of the father.660 From these important characteristics of Vyāsa it may safely be concluded that Vyasa flourished about the same time as Yajṅavalkya and Bșhaspati, i. e. between the second and the fifth century (A. D. ).
845 Aparārka quotes (p. 580) one of Vyasa’s verses as ‘दातुः पालयितुः
स्वर्ग हर्तुनरकमेव च । षष्टिं वर्षसहस्राणि दानच्छेदफलं लिखेत् ॥ The स्मृतिच० (on व्यवहार p. 56 ) remarks that another verse also should be included in the grant as Vyasa recites viz. सामान्योऽयं धर्मसेतुर्नृपाणां काले काले पालनीयो भवद्भिः । सर्वानेतान्भाविनो पार्थिवेन्द्रान् भूयो भूयो याचते रामचन्द्रः ।।’. These two verses, ‘षष्टिं वर्षसहस्राणि’ and ‘सामान्योयं’ &c., occur in many grants ; vide, for example, H. of Dh. vol. II pp. 1272-1277 for 43 verses among which the
two verses set out here are Nov. 2 and 10. 848 वर्षाणि विंशतिर्यस्य भूर्भक्ताथ परैरिह । सति राज्ञि समर्थस्य तस्य सेह न
सिध्यति ॥ अपरार्क p. 632. 847 सागमो दीर्घकालश्च छेदोपाधिविवर्जितः । प्रत्यर्थिसंनिधानश्च पञ्चाङ्गो भोग
उच्यते । अपरार्क p. 635. पलान्यष्टौ सुवर्णस्य सुवर्णाश्च चतुर्दश । एतनिष्कप्रमाणं तु व्यासेन परिकीर्तितम् ॥ स्मृतिच.. द्विसाहस्रः परो दायः स्त्रियै देयो धनस्य च । यच्च भी धनं दत्तं सा
यथाकाममाभुयात् ॥ अपरार्क p. 752… 650 क्रमागते गृहे क्षेत्रे पितृपुत्राः समाशिनः । पैतृकेण विभागार्हाः पुत्र वितरक
निच्छतः ॥ अपरार्क p. 728.
ANS.
POONA"
FOUNDED
1917 1153. Vyāsa
533
In Aparārka and other works there are numerous verses attributed to Vyasa which are certainly not taken from the Mahābhārata or from the Vyāsa-empti in the Anandāśrama collection (pp. 357–371 ). For example, on Yāj. I, 12 he cites e verge of Vyāsa in the Vasantatilakā metre about the auspicious asterism for caula and another verse laying down Saturday, Sunday and Friday as not suitable for caula. Similarly, Vyāsa’s verses dealing with the merit of bathing on Sunday, Monday, Tuesday and Wednesday in conjunction with certain tithis are cited by Aparārka (p. 213). Vyāsa a peuks of srādthas when the Sun is in the sign of Viryo ( A pararka p. 424). These indications are sufficient to assign Vyāsa to a comparatively later date. But, as Aparārka evidently makes no distinction between Vyasa the jurist, Vyāsa, the reputed compiler of the Mahabharata (e. g. he quotes on p. 961 six verses of the Bhagavadgiti as Vyasa’s) and Vyāsa who wrote on the sams kāras, frāddha and other topics, it appears that the jurist and the writer on other topics of dharma were separated from him by several centuries. Whether the jurist and the writer on other topics of dharma are identical is a difficult problem. The Mit. also appears to identify Vyāsa of the Maha bbārata with the jurist. For example, on Yūj. III. 253 it refers to ‘Ublau Madhvāsa’s ( Udyoya parva 58. 5 ) applied to Krona and Arjuna and explains that all intoxicants were not forbidden to Ksatriyas but only wine prepared from tour. The Mit. on Yāj. II. 283 ( on ‘Strisangrahaya’) quotes three verses and a half on the three kinds of that juridical topic. No one has so far identified these verses in the Mahābhārata. The Mit. appears to make no distinction between the two. The Kalpataru (on Vy. pp. 577-579 ) quotes with slight vari. ations the same verses and also sets forth similar verses of Bphaspati. Aparārka (pp. 854-55 ) and Smṛticandrikā (Vy. p. 8) also quote the same verses as Vyāsa’s (with slight variations. ). All that can be said is that the two may probably be identical. The Smṛticandrikā quotes a Gadya Vyāga 661 and quotes about 450 verses of Vyāsa on āhnika, vyavabāra and prayascitta.
861
It adds in Yamatarpa!a the following: 4719 Ártata चान्तकाय च । वैवस्वताय कालाय सर्वभूतक्षयाय च ॥ एभिः सप्तभिनमस्वर
( Continued on the next paye )
634
The Smṛticandrikā652 quotes several interesting verses of Laghu-Vyāsa that condemn somewhat severely and unchari tably the memorizing of the Veda without understanding the meaning. A few verses are quoted below. It may be noted that the Nirukta I. 18 ( several centuries before Christ ), by quoting a verse ‘a man who memorizes the Veda but does not know the meaning is like a stump of a tree, a mere carrier of a burden’condemned mere learning of the Veda by heart in very similar words (Sthāṇur-ayam bhārahāraḥ kilābhūt &c.) Daksa (in II. 34 ) states that the study of Veda has five aspects viz. first to commit it to memory, then to think over its meaning, then to repeat it often, its japa and to pass it on to pupils.
Aparārka quotes a verge of Vṭddha-Vyāsa on Saudāyika, a kind of strīdhana. The Mit., the Prāyaścitta–mayūkha and other works cite verses of a Brhad-Vyāsa. Ballālasena in his Dānasāgara quotes Mabā- Vyāsa and Lagbu-Vyāsa as authorities and also Dāna-Vyāsa, which probably means the dāna-dharma portions of the Mahābhārata.
Dr. Batakrishua Ghosh collected from fourteen works (such as Aparārka’s commentary, Mitākṣarā, Dāyabhāga, Parāśaramadhaviya, Smṛticandrikā, Vyavahāramātṇkā, Vya vahāramayukha &c.) 268 verses of Vyāsa on judicial procedure and the substantive law and published them in Indian Culture’ Vol. IX. pp. 65-98 ( with references at the bottom of the pages). They relate to the king as judge, the qualifi catious of the Judge and the members of the Court, the plaint,
( Continued from the previous page ) HE HICE carenū: mega-sfa feTÆTI ‘. The same work on p. 224 ( Āhnika ) states : 3721 17501A: “AFIA: सन् ‘अमृतापिधानमास’ इति प्राय तस्माद्देशान्मनागपसृत्य विधिवदाचामेत् '
sa” 852_Some of the verses of लघु-व्यास are quoted here : न वेदपाठमात्रेण
सन्तोषं कारयेद् बुधः । पाठमात्रावसायी तु पङ्के गौरिव सीदति ।। यथा पशुर्भा रवाही न तस्य भजते फलम् । द्विजस्तथार्थानभिज्ञो न वेदफलमश्नुते ।। योधीत्य वेदविद्विो वेदार्थ न विचारयेत् । स सान्वयः शूलसमः पात्रता न प्रपती F5fazo ( 317 ) p. 48 ; viilo RI. AT. 1. 1. p. 161 for two those verses it quotes from Kura-purāda I. 2. 14. 86. 88,
VAS
FOUNDED
1917
- Vyūsa
535
the reply, proof and burden of proof, documents; the judge ment, eight different kinds of documents such as cāraka, adhipatra, kraya patra; examination of documents ; posses sion and title; witnesses and pointing out their faults ; ordeals; interest; mortgage and pledge; debts and persons liable to pay debts ; sureties; several titles of law; abuse and defamation; crimes of violence; thieves and robbers; adultery and other wrongful acts about women; punish ments ; duties of women and wives ; partition of family property; stridhana (woman’s property ).
Some of the verses quoted as Vyāsa’s occur elsewhere e. g. verse 11 ( of the above collection ’na si sabhā…viddham occurs in Nārada III. 18 and is quoted as Vyasa’s in Aparārka ( p. 604). Similarly, the verse’ na narmayuktam vacanam hinasti ( No. 111 in the list of Dr. Batakrishna Ghosh ) quoted by the Smṛticandrikā ( Vy. p. 89 ) as Vyāsa’s occurs in the Mahābhārata ( Adi. 82, 16 and Sāntiparva 165. 30 ). Verse 129 (Adityacandrāvanilo which is the mantra to be employed in ordeals ) occurs in Adiparva 74. 30. No. 140 of the collection by Dr. Ghosh defines niska as equal to fourteen suvarṇas.688 The Mit. on Yāj. I. 72 provides that a wife who drinks wine, who is guilty of adultery with the husband’s pupil or guru, who kills her husband and particularly one who has inter course with a man of a degraded caste (such as a shoemaker) should be abandoned.864 So, whoever might have been the author of the Vyāsasmṛti he incorporates some verses from the Mahābhārata therein.