The Law Code of Yājñavalkya 2.8.13
Mitākṣarā (Ṛjumitākṣarā) 2.8.13
- Language
- Sanskrit
2.8.13
rāddhānte tv arjananiyamasya puruṣārthatvāt tadatikrameṇārjitenāpi dravyeṇa kratusiddhir bhavati puruṣasyaiva niyamātikramadoṣa iti niyamātikramārjitasyāpi svatvaṃ syād iti mantavyam, loke tatra svatvaprasiddhyabhāvāt vyavahāravisaṃvādāc ca | evaṃ pratigrahādyupāyake svatve laukike sthite, brāhmaṇasya pratigrahādaya upāyāḥ kṣatriyasya vijitādayaḥ vaiśyasya kṛṣyādayaḥ śūdrasya śuśrūṣādayaḥ ity adṛṣṭārthā niyamāḥ | rikthādayas tu sarvasādhāraṇāḥ svāmī rikthakrayasaṃvibhāgaparigrahādhigameṣu (GDh 10.39) ity uktāḥ | tatrāpratibandho dāyo riktham | krayaḥ prasiddhaḥ | saṃvibhāgaḥ sapratibandho dāyaḥ | parigraho 'nanyapūrvasya jalatṛṇakāṣṭādeḥ svīkāraḥ | adhigamo nidhyādeḥ prāptiḥ | eteṣu nimitteṣu satsu svāmī bhavati | jñāteṣu jñāyate svāmī | brāhmaṇasyādhikaṃ labdham (GDh 10.40) iti brāhmaṇasya pratigrahādinā yal labdhaṃ tad adhikam asādhāraṇam | kṣatriyasya vijitam (GDh 10.41) ity atrādhikam ity anuvartate | kṣatriyasya vijayadaṇḍādilabdham asādhāraṇam | nirviṣṭaṃ vaiśyaśūdrayoḥ (GDh 10.42) ity atrāpy adhikam ity anuvartate | vaiśyasya kṛṣigorakṣādilabdhaṃ nirviṣṭaṃ tad asādharaṇam | śūdrasya dvijaśuśrūṣādinā bhṛtirūpeṇa yal labdhaṃ tad asādhāraṇam | evam anulomajānāṃ pratilomajānāṃ ca lokaprasiddheṣu svatvahetuṣu yad yad asādhāraṇam uktaṃ sūtānām aśvasārathyam ityādi tat tat sarvaṃ nirviṣṭaśabdenocyate, sarvasyāpi bhṛtirūpatvāt, nirveśo bhṛtibhogayoḥ iti trikāṇḍīsmaraṇāt | tat tad asādhāraṇaṃ veditavyam | yad api patnī duhitaraś caiva ity ādismaraṇaṃ tatrāpi svāmisaṃbandhitayā bahuṣu dāyavibhāgitayā prāpteṣu lokaprasiddhe 'pi svatve vyāmohanivṛttyarthaṃ smaraṇam iti sarvam anavadyam |
In the established conclusion, however, because the restrictive rule on acquisition is for the sake of the person, the accomplishment of the sacrifice occurs even with wealth acquired through the transgression thereof; the fault of transgressing the rule belongs solely to the person. Thus it must be maintained that ownership arises even of what is acquired through the transgression of a restrictive rule, because of the absence of recognition of ownership in the world [under the contrary view] and because of contradiction with everyday practice. Thus, when it is established that ownership, having means such as the acceptance of gifts, is worldly, the rules stating that for a Brahmin the means are acceptance of gifts and the like, for a Kshatriya conquest and the like, for a Vaishya agriculture and the like, and for a Shudra service and the like, have an unseen spiritual purpose. But inheritance and the like are common to all, as stated in: 'One becomes an owner through inheritance, purchase, partition, seizure, or finding' (GDh 10.39). There, inheritance is unobstructed heritage. Purchase is well known. Partition is obstructed heritage. Seizure is the taking of water, grass, wood, and the like that had no prior owner. Finding is the obtaining of hidden treasure and the like. When these causes exist, one becomes an owner; when they are known, the owner is known. In the rule 'for a Brahmin, that which is received is an additional [means]' (GDh 10.40), what is received by a Brahmin through the acceptance of gifts and the like is additional, that is, exclusive [to him]. In 'for a Kshatriya, what is conquered' (GDh 10.41), the word 'additional' is carried forward; what is obtained by a Kshatriya through victory, fines, and the like is exclusive [to him]. In 'for a Vaishya and a Shudra, what is earned' (GDh 10.42), the word 'additional' is also carried forward. What is obtained by a Vaishya through agriculture, cattle-rearing, and the like is 'what is earned', which is exclusive [to him]. What is obtained by a Shudra through service to the twice-born and the like in the form of wages is exclusive [to him]. Likewise, for those born in direct and inverse order of caste, whatever exclusive [means] among worldly-known causes of ownership are stated—such as 'for Sūtas, horsemanship and charioteering'—all that is designated by the word 'earned', because everything is in the form of wages, as recorded in the Amarakośa: 'nirveśa means wages and enjoyment.' All those are to be understood as exclusive. As for the smṛti text, 'The wife and daughters as well...', there too, when many persons are entitled to share the heritage by virtue of being related to the owner, even though ownership is established by worldly convention, the smṛti text is intended to dispel confusion; thus everything is unexceptionable.
Translations (1)
- English (machine translation) — English, machine translation
Commentaries (2)
- Bālambhaṭṭī (Lakṣmīvyākhyāna) — Bālambhaṭṭa Pāyaguṇḍe 1740, Sanskrit
- Lakṣmīvyākhyāna — Bālakṛṣṇa 1730, Sanskrit
Linked texts (1)
- Yājñavalkyasmṛti — Yājñavalkya, Sanskrit