कल्पान्तरे विश्वासटिप्पन्यः

Dandaviveka of Vardhamāna In the first edition of this History, Vardhamana was not dealt with, because none of his works was then available to me in print. His Dandaviveka was first published in 1931 in the Gaikwad Oriental Series (Buroda ) edited by Mahamahopā
Vardlaināna

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dhyāya Kamalakrsna Smṛtitirtha of Bhatpara in West Bengal with an exhaustive Introduction in English and a brief one in Sanskrit.

The work deserves special mention in this history since it is probably the only extensive extant Sanskrit work (in 356 pages) on the law of crimes and punishments alone.

Smstis like those of Manu and Yajñavalkya deal with crimes and punishments, but the treatment is brief and mixed up with other matters. For example, Manu VIII, 20 ( = Santiparva 15. 30 ) states that if the king were not vigilant in awarding punishment to those who deserve to be punished, the strong would devour the weak and further the king properly awarding punishments becomes endowed with the three goals of life viz. dharma, artha and kāina (Manu VII. 27, Santiparva 121. 10). Kautilya (in I. 4. 11-14) emphasizes the same things.1203

Separate works on Vivada (substantive law) and Vyava hāra (procedural law) were composed but those on Vyavahāra alone were few and far between viz. Vyavahāraratnākara of Candeśvara,1294 (vide Mitra’s Notices, vol. VI p, 66 No. 2036 ) and Vyavahāra-Cintamani of Vacaspati ( published long ago and lately published by Dr. Rocher). Halāyudha also appears to have composed either a work dealing with both Vivāda and Vyavahara or two works dealing with the two branches of law separately.

In dozens of places the Vivādaratnākara mentions Halā yudha’s work and sometimes styles it · Hālayudha-nibandha’ (as on pp. 41, 44 and 50 ). Halayudha appears to have also dealt with the procedural law and with crimes and punishments.

1293 सुविज्ञातप्रणीतो हि दण्डः प्रजा धर्मार्थकामैर्योजयति । अप्रणीतस्तु मात्स्यन्याय

195fe iam19177950 ga quyT4T 1 378219 1. 4, 11, 13, 14; दण्डश्चेन भवेलोके विनश्येयुरिमाः प्रजा: । जले मत्स्यानिवाभक्ष्यन्दुर्बलान् बलव FTTT: 11 for 15. 30 and gunah pusa forarāUHATEHT FGT tufa यः सम्यग्धर्म एव स केवलः । यथा ममेतद्वचनं प्रागेव मनुना पुरा । यन्मायोक्तं

HGST ATT TA HETTI STIM 31 10-12 (231171 ed. Poona.) 1294 Vide p. 763 above on Camleśvara where a verse is cited

naming the seven works of Can,leśvara including one on Vyavabāri.

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Vardhamana in the Dandaviveka cites Halāyudha 33 times and sometime meotions his work Halāyudha-nibandha (as on pp. 72, 150, 275 ) and as Halāyudhiya (pp. 119. 152 ).

The Dandaviveka is a large work in 355 printed pages. It starts with the eulogy of danda’ contained in Manu VII. 14, 15, 17, 18, points out by quoting Manu VII. 20-21 that, if the king does not punish those who deserve punishment then what is called Mātsyanyāya will prevail. He further cites Manu VIII. 304 that the king shares one-sixth of the inerit (dharma) of his subjects when he properly regulates them and takes 1/6th of the sins of his subjects if he does not regulate them properly. He quotes Bșhaspati that Danda is of four levels viz. vāg-danda (i. e. censure by saying you did an improper act), dhig-danda ( censuring a guilty person in the words ‘fie on you who are guilty of an unworthy act), dhanadanda (fine, either a fixed amount or a varying amount), vadha-danda (inflicting bodily pain, mutilation of a limb or limbs and death); the circumstances on which the punishment depends such as jāii (caste ), amount (of property ), age (childhood, grown up man), time of offence (day or night &c ). On pp. 22-30 he discusses at some length the fines in panas (lowest, middling, highest &c.) basing his remarks on Mauu VIII, 138 and Yāj. I. 366 and discusses the scale of the values of guñjā, kṛṣnala, māșa, suvarṇa (&c.) and of weights and measures called karśa, pala, tolaka &c. and coins of copper, silver and gold. He discusses at some length the parts of an offender’s body that are to be dealt with by way of punish ment ( quoting Manu VIII. 124 ) and states different views about bodily punishments for a brāhmaṇa offender (pp. 46-48). He has a long disquisition on fines with reference to various crimes in pp. 52 ff. Manu (VIII. 336) provides that, where for an offence an ordinary person would be fined one Kārṣāpaṇa, a rajan (king )1295 should be fined one thousand panas. The Danda

1295

It may be noted here that comentators like Kullūka state that the king in such a case should himself lay down the fine and that he should distribute the fine among eminent vaidika brāhmaṇas or throw it into waters, since Varuṇa is the lord of waters and of kings, is said by Danu ( IX. 245 ). Rgveda ( VII. 49. 3) states that Varuna is the lord of waters and

(Continued on the next page)

Vardhamana

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viveka explains that rajan’ in this passage means only persons who are endowed with power (landlords &c.) and not the king himself. He quotes Manu VIII. 126 and Yāj. I. 368 and elaborates on them. He devotes pp. 88-140 to punishments for thefts of various kinds. He deals with adultery, rape and unnatural offences on pp. 54–195 and with defamation and cognate offences in pp. 196-218, with assault and battery in pp. 219-258, miscella neous (prakirnaka) matters which are taken up by the king him self and not brought before the king by any person (pp. 259 272); he devotes pp. 273-292 to the rules about property or treasure lost and found or buried treasure found. He has a special discussion (pp. 293-320) on sāhasa (of five kinds viz. killing a person, rabbery, carrying away a woman by force or rape and the two kinds of pārusya), special rules of punishment for Sudra guilty of certain acts such as those described in Manu VIII. 272, 281 (both verses occur in Narada also ), such as wear ing the sacred thread and thereby earning his livelihood or (Yaj. II. 304); cutting down trees growing near temples, burial places or on boundaries &c.; On pp. 325-33 he mentions the Vivada padas and details some punishments about some of them such as ‘aṣvāmi-vikraya’ (Manu VIII. 197–198); pp. 331-337 deal with fines arising on breach of court’s temporary orders in a proceeding such as temporary injunction not to leave one’s place of residence or not to do certain acts, pp. 331-355 are concerned with fines for members of the court (sabhya) in certain cases, review of judgment, fines for parties attributing faults to good witnesses, fines for false witnesses, fines for witnesses found to be false on account of being bribed (Manu VIII. 120-121 ), fines for witnesses called upon to depose but not coming to do so without any reason &c.

Vardhamāna gives about himself and his work some in formation. He wrote the Dandaviveka while king Bhairava was the ruler of Mithilā and states that his elder brother was Gandakamiśra and the latter along with Śhaṅkara and Vacaspati

(Continued from the previous page) notes the truth and falsehood of men. The Dan.laviveka remarks (p. 56 ) : gata TOTE TUTE TEEUSE

RITA fos af! Iyu is one of the commentators on the Manu-snuști, whom the Dandaviveka quites profusely, H, D.-108

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were his gurus (Intro. Verse 6). At the end he says that he wrote the Dandaviveka for the sake of the king of Videha, that he was the son of Bhaveśa of the Bilvapañcaka family. He mentions at the end that he wrote the work after consulting the follow ing works and authors viz. Kalpataru, Kamadhenu, Halāyudha, Dharmakosa, Smrtisāra, Kr̥tyasagara, Ratnakara, Parijāta, the two Sambitās of Manu and Yajnavalkya with the commentaries thereon; besides Vyavahāratilaka, Pradipika and Pradipa. Besides those mentioned in the verses at the end and besides the two epics, Purinas, Dharmasutras and smstis he mentions also Kr̥tya sāra (p. 28), Graheśvaraniśra (pp 27, 13+), Candeśvara, Catur varga-cintamaṇi (326, 346-7). Parāśarab rāsya (p. 279), Bhava deva (pp. 77, 238, 347, 353), Bhūpālapaddhati (136), Balabhūṣana (p. 135), Miśrāḥ (i, e. Vacaspatimiśra, his guru 64, 65, 92, 195, 97, 282, 317), Vivāda-cintāmaṇi (211, 278 ), Samayaprakāśa (136), Smstisagara (136), Sūlapāṇi (240), Harinātha (p. 251, 326 ), Harihara ( 182 ).

It appears that he composed nine works viz. Dandaviveka, Dvaitaviveka, Ganzākstyaviveka, Peribhāṣāviveka, Smṛtitattva viveka, Dharmapradipa, Smrtiparibhası, Smrtitattvāmrta, Smṛti tattvāmsta-sāroddhāra ( abridgement of the preceding ). For the Smṛtitattvāista, vide Mitra’s Notices, Vol, VI No. 1992 pp. 12-13 on (Santika-Paustika) where his mother’s name is given as Gauri. The 2nd verse of that work is interesting. 1296 It says at present people’s usages differ from Sastra; when there is a conflict Sastra is stronger and therefore it has been accepted in this work. For Smstitativāmsta-sāroddhāra Vide Mitra’s Notices Vol. VI p. 57 ( where at the end he refers to the Dandaviveka his as work). On p. 76 of the Dandaviveka he refers to his own Dvaitaviveka.1297 At the end of the Sonrtitattvaviveka (Mitra’s Notices Vol. V No. 1868 pp. 183-185 the colophon describes Vardhamāna as Mahā dharmadhikārm (Judge).

1296 व्यवहारोन्यथा लोके सांप्रतं शास्त्रमन्यथा । तयोविरुद्धयोः शास्त्रं बलवत्वादिहादृतम्।।

2nd verse of स्मृतितत्त्वामृत.

1297 On a verse of Vyāsa about a murierer and his associates

Vardhamana remarks 1969:37Aquetoniaalapitata 45 विधो वधः स चास्माभिद्वैतविवेके भेदप्रभेदाभ्यां विस्तरेण प्रपञ्चितः । दण्ड fa a p. 76.

Vardhamana

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Some of his references are interesting e. g. he quotes a prose passage of Vispugupta about Rūpyamāsaka, Dharana, Niṣka and a verse of Viṣṇugupta stating that 1/70th part of a suvarṇa is called ropaka and a dināra is equal to 28 ropakas,1298

On p. 28 he refers to another view of Viṣṇugupta on * Māṣa ’.1299 in one place (p. 291-292 ) he cites some cases of conflict between Dharmaśāstra and Arthasastra and between two dharmaśāstras also.1300

The English Introduction to the Dandaviveka is an instruc tive one. It compares the provisions in the Dandaviveka with the Indian Penal Code and the modern criminal law of India and well brings out the points of agreement and difference between them.

As to his date there is no much difficulty. He was a pupil of Vācaspatimisra and refers to the Vivadacintamani of that great Maithila scholar and therefore was a junior contemporary of Vacaspati. He flourished under king Bhairava of Mithila ( 5th Intro, verse of Dandaviveka) who belonged to the Kameśvara dynasty. In J. A. S. B. vol. XI ( New Series, p. 433 ) a complete list of the kings of this dynasty and the probable dates of the authors that flourished under the Karnaṭa and Kumeśvara dyna. sties is set out, according to which Śhaṅkaramisra (one of the gurus of Vardhamana ) flourished in the 2nd and 3rd quarters of the 15th century A. D., while Vacaspati flourished in the 3rd and 4th quarters of the same century and Vardhamana must have flourished some decades before La. San. 376 (i. e. 1496

A. D. ), when a ms, of his Gangikstyaviveka (one of his latest works ) was copied (vide J. A. J. 3. Vol. XI. p. 403 ). Vācas

1298 रजताधिकार विष्णुगुप्तः । अष्टाशीतिगौरसार्यपा रूप्यमापकस्तेपोडश धरणं निष्को

at fāgraaf te RT 7070 i uzgo p. 26; faroua: 1 Ugui सप्ततितमो भागो रोपक उच्यते दीनारो रोपकैरष्टाविशत्या परिकीर्तितः । दण्डवि०

p. 27. Is Ropak the same as Rupee ? 1299 तथा कार्षापणपादः चतु:काकिनीको माषः, वक्ष्यमाणनारदवचनात् । राजतश्चापरो

HTET faculaziala i sust4 FTTI07UTT i guclè p. 28. 1300 स्वदारनियमे शङ्खलिखिताभ्यामुक्तेपि नारदेन परानबरुद्ध स्वदासीगमनानुज्ञान

वत् ब्राह्मणस्याहिंस्यत्वे मनुनो तेपि कात्यायनेन आततायिनो हिंसाभ्यनुज्ञानवत् , मातुलकन्याया मातु: सपिण्डत्वेन शातातपादिभिरुद्वहनप्रतिषेधेपि बृहस्पतिना GTATVIRTINI ALT 1679 I quel p. 291.

860

pati’s Srāddhacintamaṇi refers to Vardhamana’s work on Pari bhāṣā’. For the Smṛti-paribhāsā of Vardhamāna, vide Mitra’s Notices, vol. V pp. 160-161.

Raghunandana refers to him as Vardhamānopādhyāya or Navya-vardhamāna in order to distinguish him from another Vardhamana, son of Gangesopadhyāya, who flourished in the 13th century. Vide Tithittattva (Vol. I, 122) where the Smști paribhāșikā is cited; for citations from Navya-Vardhamana vide Smṛtitattva Vol. I, tithi pp, 19, 184, Sraddha, 213, 224; Áhnika p. 332 (Raghu. differs ), 352, 424, Mala. pp. 803, 815, 818. The Sraddha-pradipa of Vardhamana is mentened by Raghu. in Sraddhatattava (vol I) p. 414.

In the Journal of Oriental Institute (Baroda ), vol. II (pp. 71-85) Dr. Ludo Rocher (Ghent University) furnishes an analysis of all mss. of the Dandaviveka with varions readings.