Hindu Law and Custom (Recht und Sitte) c7.237

c7.237

For law proper the fragments of Bṛhaspati and Kātyāyana are most important. Bṛh.,¹ a Ms. of whose juridical Smṛti must have existed till recent times in the opinion of a Śāstrin (Bühler), closely follows M. whom he declares to be the standard author and comments upon his work and enlarges it (§ 5). Even where he does not expressly mention M. he always adheres to his teachings. Thus he has taken the 18 titles of law from M., divides them, however, into two parts relating to property and injury (2,1-11) respectively, i.e. into civil and criminal law. In the law of debt he explains the peculiar expressions (11, 55-58) by means of which various ways of realising a debt have been described in M. 8,49. Where he differs from M., as is the case in the law of indivisible property (25,79), he takes care not to mention the honoured teacher by name.