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History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v1.c5: Synopsis of Contents

History of Dharmaśāstra (Ancient and Mediaeval Religious and Civil Law in India) v1.c5

Language
English

Contents

Synopsis of Contents

v1.c5.1

Sec. 1 *Meaning of dharma* : ... pp. 1-4

v1.c5.2

Defies exact rendering in English - In the Ṛgveda, used as adjective or noun - means 'upholder or supporter' in some Ṛgvedic passages - in most Ṛgveda passages means 'religious ordinances or rites' and in rare cases 'fixed principles or rules of conduct' -- in Aitareya-brāhmaṇa dharma means 'whole body of religious duties-' in Chāndogya-Upaniṣad *dharma* means 'peculiar duties of āśramas-' *dharma* came to mean 'duties and privileges of a person as a member of the Āryan community, as member of one of the varṇas or as in a particular stage of life' - the same meaning in Taittirīya Upaniṣad (I. 11), Bhagavadgītā, Manusmṛti and other smṛtis - according to Medhātithi, dharma five-fold viz., varṇadharma, āśramadharma, varṇāśramadharma, naimittikadharma, guṇadharma - this meaning of dharma taken in this work - definitions of dharma according to Jaimini, Vaiśeṣikasūtra, Hārīta, Mahābhārata and Buddhist works - subjects treated in this work, viz. sources of dharma, contents of works on dharma, their chronology.

v1.c5.3

Sec. 2 *Sources of dharma* : ... pp. 4-7

v1.c5.4

According to Gautama, Āpastamba, Vasiṣṭha, Manu, Yājñavalkya -- principal sources were Veda, smṛtis and custom - Vedas do not contain positive precepts on dharma, but give information incidentally - examples from Vedic literature suggesting dharmaśāstra rules.

v1.c5.5

Sec. 3 *When dharmaśāstra works were first composed* ... pp. 8-10

v1.c5.6

It is difficult to say when composed - Nirukta (III. 4-5) exhibits controversies about inheritance and quotes a verse (śloka) from some work on dharma - Bühler's view about such verses -- Gautama and Baudhāyana speak of dharmaśāstra - Baudhāyana and Āpastamba mention numerous sages on *dharma* - Vārtika of Kātyāyana and Jaimini speak of dharmaśāstra - Patañjali on dharmasūtrakāras - dharmaśāstra works existed prior to Yāska or at least before 600 B. C. and in 2nd century B. C. dharmasūtras had become authoritative - method of dealing with the whole dharmaśāstra literature followed in this book, first dharmasūtras, then early metrical smṛtis like those of Manu and Yājñavalkya, later versified smṛtis, then commentaries and digests, such as the Mitākṣarā - chronology of early writers very difficult to settle - Max Müller's view that works in continuous śloka metre followed sūtra works not acceptable.

v1.c5.7

Sec. 4 Dharmasūtras :* ... pp. 10-12

v1.c5.8

Many of them formed part of the Kalpa and were studied in distinct sūtra-caraṇas - dharmasūtras of Āpastamba and Baudhāyana presuppose gṛhyasūtras of their *caraṇa* - no dharmasūtras extant corresponding to the śrauta and gṛhya sūtras of Āśvalāyana, Śāṅkhāyana and Mānava-Tantravārtika on what dharmasūtra was studied in what particular Vedic Śākhā - all dharmasūtras gradually became authoritative in all schools - close connection between gṛhyasūtras and dharmasūtras on certain topics - scope of dharmasūtras - gṛhyasūtras sometimes refer to dharmasūtras - points of distinction between dharmasūtras and the other smṛtis.

v1.c5.9

Sec. 5 Dharmasūtra of Gautama :* ... pp. 12-20

v1.c5.10

Gautama's is the oldest extant dharmasūtra - specially studied by followers of Sāmaveda - Gautama one of the nine subdivisions of the Rāṇāyanīya school of Sāmaveda - Gautamadharmasūtra points to close connection with Sāmaveda - Gautama refers to his own previous dicta - contents of 28 chapters of Gautamadharmasūtra - the work is entirely in prose - Gautama's language agrees more with Pāṇini's rules than Āpastamba's - explanation of this - Haradatta prefers Pāṇinian readings of Gautama's text - some sūtras of Gautama quoted in the Mitākṣarā and other works not found in extant text - extent of literature known to Gautama - the only author named is Manu - the meaning of 'ācāryāḥ' whose views are cited by Gautama - earliest reference to Gautama on dharma is in Baudhāyana-dharmasūtra - Baudhāyana (III. 10) borrows chap. 19 of Gautama - close correspondence between many other sūtras of Gautama and Baudhāyana - Vasiṣṭha (4. 34 and 36) refers to views of Gautama -Vasiṣṭha's 22nd chap. is borrowed from 19th of Gautama - many sūtras the same in Gautama and Vasiṣṭha - Gautama referred to by Manu as son of Utathya - Gautama referred to by Yājñavalkya, Bhaviṣyapurāṇa, Kumārila, Śaṁkarācārya, Medhātithi - Gautama's reference to *Yavana* - probable age between 600 - 400 B. C. - Haradatta and Maskarin commented on Gautama - Asahāya also did so - śloka - Gautama and Vṛddha - Gautama.

v1.c5.11

Sec. 6 *Baudhāyana-dharmasūtra* : ... pp. 20-32

v1.c5.12

Baudhāyana is a teacher of the Black Yajurveda - arrangement of Baudhāyana kalpa according to Dr. Burnell and Dr. Caland - Baudhāyanagṛhya presupposes the Baudhāyanadharmasūtra - gṛhya (III.9.6) speaks of pravacanakāra Kaṇva Bodhāyana and sūtrakāra Āpastamba - tarpaṇa in Baudhāyana-dharmasūtra (II. 5. 27) mentions Kaṇva Bodhāyana, Āpastamba and Hiraṇyakeśin - contents of Baudhāyana-dharmasūtra - extant sūtra has not come down intact - fourth praśna probably an interpolation - third praśna also not free from doubt - Baudhāyana III. 10 taken from Gautama - Baudhāyana III. 6 agrees closely with Viṣṇudharmasūtra 48 - Dr. Jolly thinks both borrowed from a common source - probably Viṣṇu borrows from Baudhāyana - repetitions exist even in the first two praśnas - form and structure of Baudhāyana - quotes numerous verses, even in the first two praśnas - language of Baudhāyana often departs from Pāṇinian standard - literature known to Baudhāyana - several authors on dharma together with their views mentioned by Baudhāyana - Asura Kapila said to be originator of āśramas- Śabara, Kumārila, Viśvarūpa and Medhātithi refer to Baudhāyana dharmasūtra - home of Baudhāyana - Baudhāyana is styled pravacanakāra and Āpastamba sūtrakāra - Bühler holds that Baudhāyana was a southern teacher - age of Baudhāyana dharmasūtra - later than Gautama - Bühler's reasons for placing Baudhāyana a century or two earlier than Āpastamba not convincing - divergences between Baudhāyana and Āpastamba - style of Baudhāyana compared with that of Āpastamba - Baudhāyana to be placed between 500-200 B. C. - numerous sūtras of Baudhāyana identical with those of Āpastamba and Vasiṣṭha - Baudhāyana mentions several appellations of Gaṇeśa, just as Mānavagṛhya does and mentions seven planets, Rāhu and Ketu - Govindasvāmin commented on Baudhāyana.

v1.c5.13

Sec. 7 *Dharmasūtra of Āpastamba*: ... pp. 32-46

v1.c5.14

The Āpastambakalpasūtra of the Black Yajurveda divided into 30 praśnas, dharmasūtra constituting 28th and 29th praśnas thereof - Āpastamba is one of the five subdivisions of the Khāṇḍikeya school of Taittirīyaśākhā - Āpastambagṛhya and dharma sūtras are compositions of same author - some sūtras of the two are identical - Āp. gṛhya does not treat of some topics as they are dealt with in dharma sūtra - contents of Āp. dharmasūtra - form and structure of Āp. dharmasūtra - Āp. is more archaic and un-Pāṇinian than any other dharmasūtra - many unfamiliar words in Āp. - several verses quoted in Āp. - literature known to Āp. - Āp. mentions six aṅgas of Veda and ten writers on dharma by name - Śvetaketu and Āp. - Hārīta quoted frequently by Āp. - Āp. controverts several views - striking coincidences between Gautama and Āp. - Āp. quotes a verse from Purāṇa and speaks of the view of Bhaviṣyatpurāṇa - Āpastamba and Manu - Āpastamba presupposes many rules of the Mīmāṁsā and agrees closely with Jaimini's sūtras - age of Āp. Dh. S. - quoted by Śabara, Kumārila, Śaṁkarācārya, Viśvarūpa and Medhātithi - home and personal history of Āpastamba not known - Āp. is later than Gautama and probably Baudhāyana - his age between 600-300 B. C. - Āp. condemns *niyoga*, rejects secondary sons, does not admit *paiśāca* and Prājāpatya forms of marriage - divergence between the views of Āp. and Gautama and other sūtrakāras - Haradatta's is the only commentary extant on Āp. - Āpastamba smṛti in verse.

v1.c5.15

Sec. 8. Hiraṇyakeśidharmasūtra :* ... pp. 46-50

v1.c5.16

Hiraṇyakeśidharmasūtra forms 26th and 27th *praśnas* of the Hiraṇyakeśikalpa-Hiraṇyakeśin's can be hardly called an independent work, as it borrows hundreds of sūtras word for word from Āp. - a few additions made to Āp. in Hiraṇyakeśi Dh. S. - Hiraṇyakeśin's readings are smoother and more classical than Āpastamba's - arrangement of sūtras also is somewhat different in the two - com. of Mahādeva called Ujjvalā on Hiraṇyakeśin is almost the same as Haradatta's on Āp. - Bühler thinks Mahādeva borrows from Haradatta - Mahādeva's com. in a few places contains more matter than Haradatta's and Mahādeva differs from Haradatta.

v1.c5.17

Sec. 9 Vasiṣṭha-dharmasūtra :* ... pp. 50-60

v1.c5.18

Different editions of Vasiṣṭha contain different numbers of chapters - Kumārila says it was specially studied by Ṛgvedins - explanation of this statement - nothing special in the Vasiṣṭhadharmasūtra to connect it with Ṛgveda - contents of the Vasiṣṭhadharmasūtra - style of Vas. Dh. S. resembles Gautama's - many sūtras of Vas. identical with Gautama and Baudhāyana - form of Vasiṣṭha dharmasūtra resembles Baudhāyana dharmasūtra - Medhātithi and Mitākṣarā quote from almost all chapters of extant Vasiṣṭha and so does Viśvarūpa - literature known to Vasiṣṭha - Vasiṣṭha prohibits learning language of Mlecchas - authors on dharmaśāstra named by Vasiṣṭha - Vasiṣṭha's references to the views of Manu are made with reference to a work of Manu almost identical with the present Manusmṛti and do not compel us to formulate the existence of a Mānava-dharmasūtra - Bühler wrong in taking Vas. Dh. S. 4. 8 as a quotation from Mānavadharmasūtra - Only Vas. Dh. S. 12.16 and 19. 37 where Manu is quoted have no corresponding verses in the present Manusmṛti - Over forty verses are entirely common to Vas. and present Manusmṛti - conclusion that Vas. contains borrowings from the present Manusmṛti or its prototype in verse - Vas. Dh. S. 22 is same as Gautama 19 - Dr. Jolly's view that Vas. Dh. S. 28.10-15 and 18-22 are borrowed from Viṣṇudharmasūtra chap. 56 and 87 or its original the Kāṭhakadharmasūtra is wrong - home of Vas. to the north of Narmadā, according to Bühler - this is mere speculation - earliest reference to Vasiṣṭha as a writer on dharma is in Manu (8-140) - age of Vasiṣṭha - Vasiṣṭha's views are ancient, praticularly about secondary sons, about Dattaka son, about niyoga and remarriage - he mentions only six forms of marriage - but in other matters differs from Gaut. or Baudh. viz. on adoption, on documents - Vas. Dh. S. between 300-100 B. C. - whether Vas. 18. 4 (Rāmaka v. l. Romaka) contains a reference to the Romans - Vṛddha-Vasiṣṭha, an early compilation - there is a Bṛhad Vasiṣṭha and a Jyotir Vasiṣṭha - Yajñasvāmin commented upon Vas. Dh. S.

v1.c5.19

Sec. 10 *Viṣṇudharmasūtra*: ... pp. 60-70

v1.c5.20

Viṣṇu Dh. S. contains 100 chapters and yet sūtra not extensive-several chap. (40, 42, 76) contain only one sūtra and one verse - first chap. and last two are entirely in verse, the rest in mixed prose and verse - Viṣṇu Dh. S. closely connected with Kaṭhaśākhā - Dr. Jolly says chap. 21, 67, 73 and 86 of Viṣṇu closely correspond with Kāṭhaka gṛhya - but Viṣṇu Dh. S. is not the work of the author of Kāṭhaka gṛhya - contents of Viṣṇu Dh. S. - Viṣṇu resembles Vas. Dh. S. - its peculiar feature that it professes to be revealed by God Viṣṇu - its style, easy and diffuse - work contains old and new material - hundreds of sūtras are prose renderings of hundreds of verses occurring in our Manu - hypothesis of a common origin or borrowing by both from a floating mass of verses untenable - extant Viṣṇudharmasūtra borrows from Manu - Viṣṇu contains verses identical with the Bhagavadgītā and Yājñavalkya smṛti - Dr. Jolly's view that Yājñavalkya borrows his anatomical section from Viṣṇu not correct - Viṣṇu Dh. S. contains long list of tīrthas, the word Jaiva for Jupiter - those wanting in Yājñavalkya - extant Viṣṇu Dh. S. later than Manusmṛti and Yājñavalkyasmṛti - Viśvarūpa does not quote a single sūtra of Viṣṇu by name, though he refers to Viṣṇu (ch. 97) for orders of saṁnyāsins - Mitākṣarā quotes hardly any verse from Viṣṇu - Aparārka and Smṛticandrikā quote Viṣṇu profusely-verses were added at a late date to original sūtra - literature known to Viṣṇu Dh. S. - Viṣṇu mentions the seven days of the week, recommends the practice of *satī*, speaks of pustakas, of many good and evil omens among which the sight of yellow-robed Buddhist ascetics is included - it prohibits speech with Mlecchas and journeys to Mleccha countries, it dilates on worship of Vāsudeva - though Viṣṇu agrees in some respects with Kāṭhaka-gṛhya, on some points it differs from it -- date of older kernel of Viṣṇu may be 300 to 100 B.C. - additions made after 3rd century A.D. and before 7th century - some sūtras agree closely with Nārada - Bṛhad Viṣṇu and Vṛddha Viṣṇu and Laghu Viṣṇu - Nandapaṇḍita's com. on the Viṣṇu Dh. S. - probably Bhāruci also commented on it.

v1.c5.21

Sec. 11 The dharmasūtra of Hārīta :* ... pp. 70-75

v1.c5.22

Baudhāyana, Āpastamba and Vasiṣṭha quote Hārīta as an authority - Mr. Islampurkar secured a ms. of Hārīta-dharmasūtra at Nasik in 30 chapters - contents of that ms. - its relation to Maitrāyaṇīyasaṁhitā - it mentions the Kaśmīrian word "Kaphella" -- quotations in commentaries and digests show that Hārīta dealt exhaustively with the same topics that are found in other dharmasūtras - Kumārila mentions Hārīta as dharmaśāstrakāra but does not assign him to any particular caraṇa as he does Āpastamba and others-notable doctrines of Hārīta - mentions worship of Gaṇeśa - Hārīta's verses on vyavahāra quoted in nibandhas are later than the sūtra - Laghu Hārīta and Vṛddha Hārīta - latter in verse is later than Yājñavalkya, Nārada and Kātyāyana.

v1.c5.23

Sec. 12 *The dharmasūtra of Śaṅkha-Likhita* : ... pp. 75-79

v1.c5.24

From Tantravārtika it appears that dharmasūtra of Śaṅkha-Likhita was studied by Vājasaneyins - Mahābhārata (Śānti 23) contains story of brothers Śaṅkha and Likhita - Various compilations ascribed to Śaṅkha alone or Likhita alone or to both - Restoration of Dharmasūtra in Annals of Bhandarkar Institute (vol. VII, VIII) - Verse Śaṅkhasmṛti stricter than prose Śaṅkha - Likhita - com. on dharmasūtra mentioned in Kalpataru and Vivādaratnākara - doctrines of dharmasūtra similar to those of other dharmasūtras - speaks of twelve secondary sons - allows *niyoga* - speaks of several ordeals - defines Āryāvarta as between Sindhu - Sauvīra and Kāmpilya - Literature known to Śaṅkha Likhita - probable age between 300-100 B. C.

v1.c5.25

Sec. 13 *Mānavadharmasūtra : Did it exist ?* ... pp. 79-85

v1.c5.26

MaxMüller and Weber responsible for the theory that the extant Manusmṛti was a recast of an ancient Mānavadharmasūtra now lost - hardly any data for the sweeping generalisation of Max-Müller that all genuine dharmaśāstras are nothing but more modern texts of earlier sūtra works on *kuladharma* - one main plank of this theory that the continuous employment of the śloka metre was unknown in the sūtra period is now exploded - Bühler supports Max Müller's theory by some additional arguments - Vasiṣṭha IV. 5-8 on which Bühler relies not properly understood by him - Vasiṣṭha (19-37) quotes a Mānava śloka which is not in the Anuṣṭubh metre and not found in extant Manu and Bühler thinks it is taken from Mānavadharmasūtra - Bühler's reliance on a fragment of Uśanas which is corrupt is not worth consideration - Bühler relies on Kāmandakīyanītisāra (II. 3. and XI. 67) where Mānavas are said to hold that there are three vidyās for a king and that Manu said that king's council should consist of 12 ministers - These views not the same in extant Manu- Bühler's conclusion not correct - Kāmandaka is only paraphrasing Kauṭilīya - Bühler's generalisation about Mānava or Mānavāḥ without foundation - Kumārila, Śaṅkara, and Viśvarūpa all employ 'Mānava' for Manusmṛti - Bühler relies on analogy of the complete set of Āpastamba and Baudhāyana sūtras for holding that a Mānavadharmasūtra existed - Proper explanation of Vas. Dh. S. IV. 5-8 - Bühler not right in saying that Vas. Dh. S. 11. 23, 12. 16, 23. 43 either contradict Manu or find no counterpart therein - analogy of Āpastamba sūtras of no use - excepting the three caraṇas of the Black Yajurveda, no caraṇa of any Veda has a dharmasūtra attributed to the founder of that caraṇa - an explanation suggested - existing materials not sufficient to establish theory that a Mānavadharmasūtra once existed.

v1.c5.27

Sec. 14 *Arthaśāstra of Kauṭilya* : ... pp. 85-104

v1.c5.28.1

First translated by Dr. Shāma Sāstri and text published in 1909 - other editions - numerous works and articles inspired by the publication of Kauṭilīya Arthaśāstra - Kauṭilīya is oldest extant work on Arthaśāstra - scope of arthaśāstra and relation to dharmaśāstra - arthaśāstra an upaveda of Atharvaveda - purpose of this śāstra - rule in case of conflict between Dharmaśāstra and Arthaśāstra - Cāṇakya, Kauṭilya and Viṣṇugupta are names of the same person - glowing tribute paid to Cāṇakya or Viṣṇugupta by Kāmandakīyanītisāra, Tantrākhyāyikā, Daṇḍin - Bāṇa and Pañcatantra on Kauṭilya as author of Arthaśāstra - Bṛhatkathā of Guṇāḍhya contained his story - Mudrārākṣasa connects his name with Kuṭila - controversy as to whether Kauṭilīya can be the work of a busy minister of Candragupta Maurya - Jolly, Winternitz and Keith hold that extant work is not by the minister of Candragupta - Megasthenes' silence about Cāṇakya explained - whether the Kauṭilīya is the product of a school or of an individual author - Kauṭilya's views cited about 70 times in the work in the third person - explanation of this - Dr. Jolly wrong in his explanation of *apadeśa* (in XV.

v1.c5.28.2

1) - Keith thinks that an author would not parade an uncomplimentary epithet like Kauṭilya (derived from kuṭila) - Is the name Kauṭilya or Kauṭalya - works on gotra and pravara give various forms such as Kauṭali, Kauṭilya and Kauṭili - form, style and contents of the Kauṭilīya - a few verses interspersed in the work, generally at the end - in all 340 verses excluding *mantras* - some verses are certainly quotations - work abounds in numerous technical and rare words - deviations from Pāṇini - summary of contents - section on judicial administration interesting - greatest correspondence between Kauṭilīya and Yājñavalkya - some striking examples - it is Yājñavalkya that borrows - reasons - Yājñavalkya represents a far too advanced stage of juristic principles than Kauṭilya - close agreement between Manu smṛti and Kauṭilya also - but they differ on *niyoga*, as to nomenclature of vyavahārapadas, about heirship of mother and paternal grandmother, on remarriage of widows, divorce, gambling - Kauṭilīya long anterior to the extant Manusmṛti - Kauṭilya's five references to Mānavas explained - references to Svāyambhuva and Prācetasa Manu contained in the Mahābhārata suggest that there were two works in verse on dharma and politics attributed to these or perhaps one work containing both, subsequently recast as the extant Manusmṛti - only two views ascribed to Mānavas in Kauṭilīya not found in extant Manusmṛti - in the dharmasthīya section the only other authors or schools cited are Bārhaspatyas and Auśanasas - none of the dharmasūtras of Gautama and others are anywhere quoted by name - views cited on the question as to whom a child belongs (to the begetter or to him on whose wife it is begotten) can be traced to Baudhāyana, Gautama and Vasiṣṭha - views of Ācāryas cited in the Kauṭilīya - Kauṭilīya later than Gautama and Āpastamba but earlier than extant Manusmṛti - date of Kauṭilīya - it is certainly not later than 2nd century A.

v1.c5.28.3

D. and not earlier than 325 B. C. - schools named by Kauṭilya and also individual authors - views of Ācāryas are quoted over fifty times and Kauṭilya differs in each case - meaning of 'ācāryas' - literature known to Kauṭilya - Sanskrit official language and the work mentions guṇas of composition - Kauṭilīya agrees with Kāmasūtra in several respects - Dr. Jolly and Prof. Keith opine that both works composed about same time - points of difference between the two works - countries and peoples mentioned by Kauṭilya -- silks from Cīna and blankets from Nepal - corporations of Licchavis, Vṛjikas and others mentioned - meaning of ‘rājaśabdopajīvinaḥ’ (in XI-I) - best breeds of horses - Mlecchas sold or pledged children - references to Buddhists and Ājīvakas - weights to be made from stones of Magadha and Mekala - doubtful whether Kauṭilya knew extant text of Mahābhārata - most of the stories cited as illustrations by Kauṭilya occur in the Mahābhārata, but some divergence exists in the case of Janamejaya, Māṇḍavya - Kauṭilya's knowledge of drugs and of rasa (mercury) - references to shrines of Śiva, Skanda &c. - traditional date of 300 B. C. more likely to be correct than 3rd century A. D. approved of by Dr. Jolly and Winternitz - two commentaries on Kauṭilīya, Nayacandrikā of Mādhavayajvan and Pratipadapañcikā of Bhaṭṭasvāmin - sūtras attributed to Cāṇakya - several nīti collections in verse ascribed to Cāṇakya are later than Kauṭilīya.

v1.c5.29

Sec. 15 Vaikhānayadharmasūtra* : ... pp. 105-107

v1.c5.30

Vaikhānasa is one of the six sūtra caraṇas of the black Yajurveda mentioned by Mahādeva in his Vaijayantī on Satyāṣāḍha śrautasūtra - Vaikhānasa occurs in Gautama, Baudhāyana, Vasiṣṭha (9. 10) and Manu (6. 21) - Vaikhānasadharmapraśna divided into three praśnas - contents of the work - its age later than Gautama and Baudhāyana - names more mixed castes than even some of the verse smṛtis - devotion to Nārāyaṇa looms very large in the work - Dr. Caland's view that Manusmṛti borrows from Vaikhānasagṛhya not correct.

v1.c5.31

Sec. 16 Atri* : ... pp. 107-110

v1.c5.32

Atri named in Manu (III. 16) - Ātreyadharmaśāstra in nine adhyāyas - summary of contents - form of Atradharmaśāstra - several works styled Atri-smṛti - summary of Atrisaṁhitā printed by Jīvānanda - Atri quoted as an authority on adoption - Laghu Atri and Vṛddhātreyasmṛti - Mahābhārata (Anuśāsana 65. 1) quotes a verse of Atri.

v1.c5.33

Sec. 17 Uśanas* : ... pp. 110-116

v1.c5.34

Uśanas wrote on politics, as Kauṭilīya shows - Mahābhārata (Śānti 56. 29-30) refers to work of Uśanas on politics - Nītiprakāśikā on Śukra as arranger of rājaśāstra - An Auśanasa dharmaśāstra in verse - contents - peculiar views of Uśanas about offspring of intercaste marriages - several verses common to Uśanas and Manu - names the views of numerous writers on dharma - Haradatta and Smṛticandrikā knew a work of Uśanas dealing with all branches of dharma - Uśanas smṛti in verse - verses of Uśanas on vyavahāra - Śukranītisāra edited by Oppert.

v1.c5.35

Sec. 18 Kaṇva and Kāṇva* : ... pp. 116-117

v1.c5.36

Āp. Dh. S. (I. 6. 19) shows that Kaṇva and Kāṇva were two distinct authors - verses of Kaṇva quoted in Smṛticandrikā.

v1.c5.37

Sec. 19 *Kaśyapa and Kāśyapa* : ... pp. 117-118

v1.c5.38

Baudhāyana (Dh. S. I. 11.20) cites a verse in which Kaśyapa's view is contained - there was a dharmasūtra of Kāśyapa - a Kāśyapa smṛti in prose contained in Deccan College Mss. - contents thereof - Smṛticandrikā includes Kāśyapa among 18 upasmṛtis.

v1.c5.39

Sec. 20 *Gārgya* : ... p. 119

v1.c5.40

A sūtra work of Gārgya on dharma existed - Gārgya and Vṛddha Gārgya - a Gārgīsaṁhitā on astronomy and astrology - Jyotir Gārgya and Bṛhad Gārgya.

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Sec. 21 *Cyavana* : p. 119

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Seems to have written a sūtra work on dharma.

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Sec. 22 *Jātūkarṇya* : ... pp. 119-120

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A verse of Vṛddha Yājñavalkya names Jātūkarṇya as a dharma śāstrakāra - quotations in verse in Mitākṣarā and later works.

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Sec. 23 *Devala* : ... p. 120

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A dharmasūtra of Devala existed once - Mitākṣarā and other works also contain quotations in verse on ācāra, vyavahāra, srāddha - this latter a later compilation - Devalasmṛti in 90 verses on purifications is also a late work - jurist Devala flourished about the same time as Bṛhaspati and Kātyāyana.

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Sec. 24 *Paiṭhīnasi* : ... pp. 121-122

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An ancient sūtrakāra, as Viśvarūpa quotes his sūtras - Dr. Jolly thinks he belongs to Atharvaveda - Paiṭhīnasi on *satī*, inheritance, on absence of untouchability under certain circumstances.

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Sec. 25 *Budha* : ... p. 123

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A sūtrakāra cited by Hemādri, Aparārka, Kalpataru and Jīmūtavāhana - a brief compilation and not very early in age.

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Sec. 26 *Bṛhaspati* : ... pp. 123-126

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An ancient teacher of arthaśāstra mentioned in Kauṭilīya - Mahābhārata (Śānti 59. 80-85) credits him with compression of vast work of Brahmā on *trivarga* and mentions several of his views - Kāmasūtra speaks of Bṛhaspati as writer on *artha* - peculiar views of Bṛhaspati according to Kauṭiliya - Bṛhaspati also wrote a prose work on vyavahāra and prāyaścitta - probably the authors of the two are different - 700 verses on vyavahāra ascribed to Bṛhaspati are quoted in the Mitākṣarā - this is an independent work composed between 300-500 A. D. - smaller compilations in verse ascribed to Bṛhaspati - Bārhaspatya Arthaśāstra edited by Dr. Thomas is a late work.

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Sec. 27 Bharadvāja and Bhāradvāja :* ... pp. 126-128

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A śrautasūtra and gṛhya of Bhāradvāja exist - Viśvarūpa's work establishes existence of a sūtra work on dharma of Bharadvāja - there was smṛti in verse also attributed to Bhāradvāja - Kauṭilīya shows that Bhāradvāja was an ancient author on politics - some views of Bhāradvāja - Mahābhārata on Bhāradvāja - verses on vyavahāra attributed to Bhāradvāja - this probably different from work on politics.

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Sec. 28 Śātātapa :* ... pp. 128-129

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A sūtra work of Śātātapa on dharma dealing with prāyaścitta, śrāddha and ācāra must have existed - verses of Śātātapa quoted in Mitākṣarā and other later works - this is probably different from smṛti work - several verse compilations ascribed to Śātātapa - Vṛddha Śātātapa and Bṛhat Śātātapa.

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Sec. 29 Sumantu :* ... pp. 129-131

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A sūtra work on ācāra and prāyaścitta ascribed to Sumantu existed - Yājñavalkya and Parāśara do not enumerate Sumantu among expounders of dharma - Sumantu mentioned in Mahābhārata and Bhāgavata - verses from Sumantu on dharma are cited by Aparārka - this is a different work - numerous verses on vyavahāra quoted from Sumantu in Sarasvatīvilāsa.

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Sec. 30 The Smṛtis :* ... pp. 131-135

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Two senses of the word smṛti, viz. all orthodox ancient non-Vedic works (such as Pāṇini's grammar, Śrauta sūtras, Mahābhārata Manu, &c.) and (a narrower sense) dharmaśāstra - smṛti, a source of dharma according to Gautama and others - number of smṛtis went on increasing - Yājñavalkya enumerates twenty writers of smṛtis, Parāśara 19 - Tantravārtika speaks of 18 dharmasaṁhitās - Caturviṁśatimata gives views of 24 writers - a smṛti called Ṣaṭ-triṁśan-mata - Paiṭhīnasi enumerates 36 and so does Aparārka - Vṛddha Gautama enumerates 57 - Vīramitrodaya enumerates 18 smṛtis, 18 upasmṛtis and 21 more- total number of smṛtis about 100 - these are products of widely separated ages - some entirely in prose, some entirely in verse, some are mixed - chronology of smṛtis presents perplexing problems - two or three smṛtis go under the same name, e. g. Hārīta, Atri, Śātātapa - sectarian zealots fabricate certain smṛtis - the prefixes laghu, bṛhat and vṛddha applied to smṛtis - well-known verses are ascribed to different authors, as authors quote from memory.

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*Sec. 31 The Manusmṛti:* ... pp. 135-158

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Numerous editions - Manu as the father of mankind in the Ṛgveda and other Vedas - Manu and the deluge in Śatapatha-brāh-maṇa - Manu in the Nirukta - Manu quoted as law-giver in Gautama, Āpastamba and Mahābhārata - introduction to Nāradasmṛti and Manu - how the Manusmṛti is narrated - four versions of Svāyaṁ-bhuva śāstra according to Bhaviṣyapurāṇa - almost impossible to say who composed extant Manusmṛti - Bühler’s theory that our Manu is a recast of Mānavadharmasūtra shown above to be unsustainable - the Mānavagṛhya differs from Manusmṛti in several particulars - Vināyakaśānti of Mānavagṛhya and tests for selecting a bride not contained in our Manu - Mahābhārata distinguishes between Svāya-mbhuva Manu and Prācetasa Manu, former promulgating dharma-śāstra - these two works combined in the present Manu - extant Manu has 12 chapters and 2694 verses - its style - contents of Manu-smṛti - extent of literature known to Manusmṛti - the author of the Manusmṛti is not the first legislator - age of Manusmṛti - external evidence it: Medhātithi’s is first extant commentary - Viśvarūpa quotes 230 verses - Śaṅkara, Kumārila and Śabara refer to Manu - Bṛhaspati had the present text of Manu before him - Aśvaghoṣa in his Vajrasūcī quotes several verses from ‘Mānavadharma’ some of which are found in our Manu - Rāmāyaṇa (Kiṣkindhā 18. 30-32) contains Manu VIII. 318 and 316 - Manu attained present form long before 2nd century A. D. - there are earlier and later strata in Manu - contradictory statements as to Brāhmaṇa marrying a śūdra woman, about appropriate forms of marriage, about niyoga, about flesh-eating - Bühler's conclusion is that cosomological and philosophical portions in 1st and 12th books, rules about mixed castes and duties of castes in 10th book are later additions - all additions made before 3rd century A. D.- Manusmṛti has not suffered several recasts - quotations cited as Vṛddha Manu and Bṛhan-Manu are later than Manusmṛti - extant Manu older than Yājñavalkya - Manu mentions Yavanas, Kāmbojas, Śakas, Pahlavas and Cīnas - extant Manusmṛti composed between 2nd century B. C. and 2nd century A. D. - relation of Mahābhārata and Manu - conflict of views between Mandlik, Hopkins and Bühler - Hopkins holds that there was a mass of floating verses ascribed to mythical Manu on which both Manusmṛti and Mahābhārata drew - Bühler says that the floating mass of verses was not all attributed to Manu - Manu mentions stories and names that occur in the Mahābhārata but these names go into Vedic antiquities - Manu never names the Mahābhārata, while the latter often refers to 'rājadharmas or śāstra of Manu' or to 'what Manu said' - Both Hopkins and Bühler hold that the Anuśāsanaparva and Śāntiparva knew a Manusmṛti, but earlier books, whenever they speak of Manu, refer to floating mass of popular verses - this conclusion not correct - final conclusion, viz., long before 4th century B. C. there was a dharmaśāstra in verse attributed to Svāyambhuva Manu, there was another work on rājadharma attributed to Prācetasa Manu, that probably there was one work, then between 200 B. C. and 200 A. D. Manusmṛti was recast - extant Mahābhārata later than extant Manusmṛti - influence of Manu spread to Cambodia and others countries beyond India- Manu had several commentators, Medhātithi, Govindarāja, Kullūka, Nārāyaṇa, Rāghavānanda, Nandana and Rāmacandra - Asahāya commented on Manu - Udayakara is another commentator and so is Dharaṇīdhara - Nārāyaṇa flourished between 1100-1300 A. D. - Rāghavānanda later than 1400 A. D. - Vṛddha-Manu and Bṛhan-Manu - explanation as to how these originate.

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Sec. 32 *The two Epics* : 158-160

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Rāmāyaṇa is relied upon as a source of dharma though less frequently than the Mahābhārata - Ayodhyākāṇḍa and Matsyakāṇḍa contain disquisitions on politics - age of the epics a different problem more appropriate for a separate treatise - table in context of where dharmaśāstra topics occur in the Mahābhārata and the abhirāmāyaṇa.

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Sec. 33 *The Purāṇas* : ... pp. 160-168

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Purāṇas as a class of literature mentioned in Taittirīya Āraṇyaka, Chāndogya Upaniṣad, Gautama Dh. S., Mahābhāṣya - extant purāṇas are recasts made of older material - some of the extant Purāṇas like Vāyu earlier than 6th century A. D. - Names of principal 18 Purāṇas - 18 Upapurāṇas - Matsyapurāṇa contains much dharmaśāstra material - Agnipurāṇa contains disquisition on rājadharma and chapters 253-258 contain almost the whole of the vyavahāra section of Yājñavalkya - Garuḍapurāṇa borrows about 400 verses from ācāra and prāyaścitta sections of Yājñavalkya - chronology of Purāṇas passed over - Divergence as to the names of the principal 18 purāṇas and as to their extent - Purāṇas very valuable for study of social and religious questions as to mediæval and modern India - Padmapurāṇa divides 18 Purāṇas into three groups of sāttvika, rājasa, tāmasa and divides eighteen smṛtis also in the same way - table showing which dharmaśāstra topics are dealt with in which purāṇa.

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Sec. 34 *The Yājñavalkyasmṛti* : pp. 168-190

v1.c5.68.1

Yājñavalkya, a name most illustrious among Vedic sages - stories about strained relations between Vaiśampāyana and Yājñavalkya - Yājñavalkya and Janaka in the Śatapathabrāhmaṇa - Yājñavalkya, a great philosopher in the Bṛhadāraṇyaka - Yājñavalkya smṛti claims that the Āraṇyaka and Yogaśāstra were composed by the author of the smṛti - slight variation in the number of verses contained in Yājñavalkyasmṛti according to Viśvarūpa, Mitākṣarā and Aparārka - arrangement of verses different in Viśvarūpa and Mitākṣarā, particularly in the prāyaścittakāṇḍa - readings of the two commentators also differ - Agnipurāṇa affords excellent check for consideration of text of Yājñavalkya - Readings of Agnipurāṇa compared with those of Viśvarūpa and the Mitākṣarā - conclusion is that the Agnipurāṇa represents a text midway between Viśvarūpa and that of the Mitākṣarā - So Agnipurāṇa represents a text of Yājñavalkya current about 900 A. D. - total number of verses on vyavahāra in the Agnipurāṇa is 315, out of which the first 31 are not taken from Yājñavalkya - almost all of these 31 taken from Nārada - Garuḍapurāṇa (chap. 93) expressly says that the dharma promulgated by Yājñavalkya was imparted therein - Garuḍa (chap. 93-106 contains dharmaśāstra material taken from ācāra and prāyaścitta sections of Yājñavalkya - Garuḍa (93-102) deals with ācāra and 102-106 with prāyaścitta-Garuḍapurāṇa omits rājadharma section of Yājñavalkya - only a few verses of Yāj.

v1.c5.68.2

are repeated word for word, while a summary only is given of several verses - comparison of the text of the Garuḍapurāṇa with Viśvarūpa's text and that of the Mitākṣarā - Garuḍapurāṇa represents text intermediate between Viśvarūpa and Mitākṣarā - are there different strata in Yājñavalkya? text mainly the same from 700 A. D. and little evidence to show that the text of Yājñavalkya as we have it contains several strata - comparison of Yājñavalkyasmṛti with Manusmṛti - close agreement in phraseology between the two - Yājñavalkya usually tries to compress Manu's dicta - Yāj. adds Vināyakaśānti and Grahaśānti and ordeals, while Manu omits first two and cursorily refers to two ordeals - Yāj. silent on origin of world which we have in Manu - style of Yājñavalkya - contents of smṛti - literature known to Yājñavalkyasmṛti - enumerates 19 authors on dharma - close agreement between Viṣṇu Dh. S. and Yājñavalkya and between Kauṭilya and Yāj. - Manu and Yāj. differ on several points and Yāj. represents a more advanced state of thought than Manu - Manu allows brāhmaṇa to marry śūdra girl, Yāj. does not - Manu condemns niyoga, Yāj. does not - same case with gambling - Yāj. takes Vāyakaśānti from Mānavagṛhya - Yājñavalkyasmṛti in intimate relation to white Yajurveda and literature appurtenant to it - Yājñavalkya closely agrees with Pāraskaragṛhya - Dr.

v1.c5.68.3

Jolly's theory that Yājñavalkya's work goes back to a dharmaśūtra of White Yajurveda is without foundation - date of Yājñavalkyasmṛti - Viśvarūpa separated from the smṛti by several centuries - probable date of Yājñavalky between 100 B. C. and 300 A. D. - Laṅkāvatārasutra (gāthās 814-816) refers to Yājñavalkyasmṛti - Dr. Jolly thinks that Yāj. shows acquaintance with Greek astrology - Dr. Jacobi's theory that naming of week days after planets first introduced by Greeks and borrowed by Indians - these theories untenable - Yāj. does not mention week days, but only the nine planets (in I. 296) - Yāj. does not mention the zodiacal signs - he arranges the nakṣatras from Kṛttikā to Bharaṇi (I. 268) as the Taittirīyabrāhmaṇa does - 'susthe ṛkṣadau' in Yāj. explained by Viśvarūpa without reference to zodiacal signs-from Vedic times nakṣatras divided into auspicious and inauspicious-Yājñavalkya's reference to nāṇakas - Yāj. regards sight of yellowrobed people as an evil omen - Dr. Jolly's date of 400 A. D. for Yājñavalkya is far too late - there is a Vṛddha-Yāj., a Yoga-Yāj., and a Bṛhad-Yāj. - Yoga-Yājñavalkya existed much earlier than 800 A. D. as Vācaspatimiśra quotes a halt verse from Yoga-Yāj. and Aparārka quotes profusely from him - mss. of Yoga-Yājñavalkya in Deccan College collection in 12 chapters and 495 vereses and of Bṛhad-Yogi-Yājñavalkya in 12 chapters and 920 verses - Yoga-Yājñavalkya and Bṛhad-Yogi-Yājñavalkya of the mss.

v1.c5.68.4

are entirely different works - several commentaries on Yājñavalkya, viz. of Viśvarūpa, Vijñāneśvara, Aparārka and Śūlapāṇi.

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Sec. 35 *Parāśarasmṛti* : ... 190-196

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Yāj. mentions Parāśara, but the extant Parāśarasmṛti is probably a recast of an older smṛti - Garuḍapurāṇa (chap. 107) gives a summary of 39 verses of Parāśarasmṛti - From Kauṭilya it appears there was a work of Parāśara on politics - extant Parāśara in 12 chapters and 592 verses deals with ācāra and prāyaścitta alone - Parāśara, an ancient name - Parāśara mentions 19 smṛti writers - contents of the smṛti - Parāśara has peculiar views - authors cited by Parāśara - views of Manu frequently cited - several identical verses in Manu and Parāśara - age of Parāśarasmṛti between 100-500 A. D. - a Bṛhat-Parāśara saṁhitā in 12 chapters and 3000 verses - contents thereof - it is a late work - Vṛddha Parāśara quoted by Aparārka.

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Sec. 36 *The Nāradasmṛti* : ... pp. 196-207

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Two versions of Nārada on vyavahāra, a smaller and a larger one - com. of Asahāya as revised by Kalyāṇabhaṭṭa is contained in Dr. Jolly's edition - Nārada not mentioned by Yāj. or Parāśara in list of expounders of dharma - three introductory chapters on judicial procedure and on sabhā, then 18 *vyavahārapadas*, then an appendix on theft from Nepal ms. - some difference in the names of titles between Nārada and Manu - printed Nārada contains 1028 verses - about 1700 verses of Nārada quoted in digests - Viśvarūpa's and Medhātithi's quotations from Nārada agree with printed Nārada - Agnipuraṇa chap. 253 contains thirty verses of Nāradasmṛti defining the eighteen titles from ṛṇādāna to prakīrṇaka in the same order - Nārada's verses on ācāra, śrāddha and prāyaścitta quoted in Smṛticandrikā, Hemādri - probably this is a different Nārada - form, style and metre of Nārada - Literature known to Nārada - 50 verses prose Sec. 41 *Kārṣṇājini* : ... p. 223

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Sec. 42 *Caturviṁśatimata* : ... p. 223-225

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Embodies in 525 verses the opinions of 24 sages – contents – quoted by Mitākṣarā and Aparārka, but not by Viśvarūpa and Medhātithi – probably compiled about 8th or 9th century A. D. – Bhaṭṭoji commented upon it.

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Sec. 43 *Dakṣa* : ... pp. 225-226

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Mentioned by Yāj. – Viśvarūpa quotes him several times – Aparārka quotes a prose passage – contents of printed Dakṣasmṛti in 220 verses.

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Sec. 44 *Pitāmaha* : ... pp. 226-227

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Quotations from Pitāmaha occur mostly on vyavahāra, particularly ordeals – he treats of nine ordeals – 50 *chalas* enumerated by Pitāmaha in which king took action without a complaint – views peculiar to Pitāmaha, viz. 18 lowest castes, eight constituents of hall of justice, &c. – mentions Bṛhaspati – flourished between 400-700 A. D.

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Sec. 45 *Pulastya* : ... p. 228

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An expounder of dharma named in a verse of Vṛdha Yājñavalkya – Viśvarūpa, Mitākṣarā, Aparārka cite many verses on āhnika and śrāddha – Dānaratnākara cites a prose passage ; Pulastya–composed between 4th and 7th century A. D.

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Sec. 46 *Pracetas* : . . p. 229

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A dharmaśāstra writer mentioned by Parāśara, though not by Yāj. – prose and verse quotations cited by Mitākṣarā and Aparārka – a few prose quotations in Haradatta on Gautama and Smṛticandrikā – Vṛddha Pracetas and Bṛhat Pracetas.

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Sec. 47 *Prajāpati* : ... pp 229-230

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Prajāpati cited as authority by Baudhāyana Dh. S. ( II. 4. 15 ) and Vasiṣṭha ( III. 47 &c. ) – they mean probably Manu ; compilation in 198 verses ascribed to Prajāpati – Mit. and Aparārka and others quote Prajāpati on āśauca, prāyaścitta, śrāddha, ordeals and vyavahāra.

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Sec. 48 *Marīci* : ... pp. 230-231 Quoted on āhnika, āśauca, śrāddha and vyavahāra by Mitākṣarā, Aparārka and Smṛticandrikā – recommends writing as essential for sale, mortgage, gift and partition of immovables.

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Sec. 49 *Yama* : ... pp. 231-235 Yama quoted in Vas. Dh. S. ( 18. 13-15 and 19. 48 ) - various printed compilations in verse ascribed to Yama — Bṛhad Yama in 5 chapters and 182 verses— Viśvarūpa and others quote about a hundred verses of Yama on all topics including vyavahāra—some of these found in printed text - a few prose passages of Yama quoted by Aparārka - Anuśāsanaparva 104. 72-74 quotes gāthās of Yama - some views of Yama on vyavahāra set out - Bṛhad Yama, Laghu Yama and Svalpa Yama.

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Sec. 50 *Laugākṣi* : ... pp. 235-236 Mitākṣarā quotes verses on āśauca and prāyaścitta, while Aparārka quotes prose and verse passages on saṁskāras, vaiśvadeva &c.

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Sec. 51 *Viśvāmitra* : ... p. 236 Named by Vṛddha Yājñavalkya - verses quoted on all topics except vyavahāra.

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Sec. 52 *Vyāsa* : ... pp. 236-238 Printed compilation ascribed to Vyāsa in 250 verses - contents – about two hundred verses of Vyāsa on vyavahāra cited in Aparārka, Smṛticandrikā and other works - his doctrines closely agree with those of Nārada, Bṛhaspati and Kātyāyana - some of his views on vyavahāra set out - flourished between 200-500 A. D. - Aparārka cites many verses from Vyāsa on saṁskāras, śrāddha &c. - probably Vyāsa the jurist is identical with the latter - Gadya-Vyāsa, Vṛddha-Vyāsa and Bṛhad-Vyāsa, Mahāvyāsa and Laghu Vyāsa.

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Sec. 53 *Ṣaṭ-triṁśan-mata* : ... pp. 238-239 This was a compilation like Caturviṁśati-mata - quotations from it cited in Kalpataru, Mitākṣarā, Smṛticandrikā and Aparārka - Viśvarūpa and Medhātithi do not mention it - date between 700-900 A. D. - no verse quoted from this on vyavahāra.

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Sec. 54 *Saṁgraha or Smṛtisaṁgraha* : ... pp. 239-242

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Quoted by Mitākṣarā, Aparārka and Smṛticandrikā on sevaral topics of dharma—quotations on vyavahāra are many and important for history of Hindu Law - views of Saṁgrahakāra and Dhāreśvara coincide in many respects and were criticized by Mitākṣarā - date of Saṁgraha between 8th and 10th centuries.

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Sec. 55 *Saṁvarta* : ... pp. 242-244

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Mentioned as dharmaśāstrakāra by Yāj. - cited on all topics of dharma by Viśvarūpa, Medhātithi, Mitākṣarā - Aparārka quotes about 200 verses - some of his views on vyavahāra - contents of printed Saṁvarta in 230 verses - Bṛhat Saṁvarta and Svalpa Saṁvarta.

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Sec. 56 *Hārita* : ... p. 244

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Verses from Hārita on vyavahāra deserve special treatment - some of his views set out, e. g. definition of vyavahāra, four aspects of vyavahāra, importance of writing, defects of plaint and reply, protection of long possession, when title by itself is decisive against long possession, five kinds of sureties, treatment of erring wives - his date between 400-700 A. D.

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Sec. 57 *Commentaries and Nibandhas* : ... pp. 246-247

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Dharmaśāstra literature falls into three periods, the first from 600 B. C. to 100 A. D. being the period of the dharmasūtras and of the Manusmṛti, the 2nd from 100 A. D. to 800 A. D. of Yājñavalkya and other smṛtis and third from 700 to 1800 of commentators and authors of digests - first part of this last period contains commentaries - digests written from 11th century - no hard and fast line between commentaries and digests - these to be treated of in chronological order as far as possible.

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Sec. 58 *Asahāya* : ... pp. 247-251

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Portion of his bhāṣya on Nārada (up to verse 21 of abhyupetyāśuśrūṣā) published by Dr. Jolly - Kalyāṇabhaṭṭa revised it - exact relationship of Kalyāṇabhaṭṭa's revision to original not clear, but he took great liberties - Kalyāṇabhaṭṭa was encouraged by Keśavabhaṭṭa - Viśvarūpa on Yāj. (III. 263-264) mentions Asahāya by name and quotes latter's explanation of Gautama 22. 13. - Hāralatā of Aniruddha speaks of bhāṣya of Asahāya on Gautama - from a passage of Sarasvatīvilāsa it appears that Asahāya commented on Manu also - Medhātithi on Manu 8. 156 quotes Asahāya - Mitākṣarā mentions the views of Asahāya - date of Asahāya between 600-750 a. d.- a few views of Asahāya set out, viz. definition of dāya, succession to Śulka of a woman, succession to a childless brāhmaṇa.

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Sec. 59 *Bhartṛyajña* :

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... pp. 251-252

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An ancient Bhāṣyakāra mentioned by Medhātithi (on Manu 8. 3) - his views cited by Trikāṇḍamaṇḍana - he wrote bhāṣya on Kātyāyana śrautasūtra and Pāraskara gṛhyasūtra - probably he commented on Gautamadharmasūtra - flourished about 800 a. d.

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Sec. 60 *Viśvarūpa* :

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... pp. 252-264

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His commentary called Bālakrīḍā on Yāj. published at Trivandrum - Mitākṣarā refers to it in introductory verses and on Yāj. (I. 80 and III. 24) - printed com. of Viśvarūpa on vyavahāra portion of Yāj. is very meagre - literature referred to or quoted by Viśvarūpa - most of the quotations from Svāyambhuva found in extant Manu, but not so those ascribed to Bhṛgu - quotes prose passages of Bṛhaspati on vyavahāra - quotes a verse of Viśālākṣa on politics and refers to arthaśāstras of Bṛhaspati and Uśanas - Kauṭilya not named, yet Viśvarūpa seems to have had his work before him - Viśvarūpa's work saturated with doctrines of Pūrvamīmāṁsā - quotes Śabara and Ślokavārtika - quotes his own kārikās on Yāj. I. 7. and other places - his philosophical views identical with Śaṁkarācārya's- Dr. Jolly's view that citations of Viśvarūpa in the Smṛticandrikā on certain points not traced in the printed Bālakrīḍā examined and shown to be incorrect - some citations of Viśvarūpa's views in Gṛhastharatnākara and Hemādri not found in printed text of Viśvarūpa - points in which Viśvarūpa and Mitākṣarā differ set out - Viśvarūpa must have flourished between 750 and 1000 a. d. - If Viśvarūpa identical with Sureśvara, pupil of Śaṅkara, then he flourished between 800-850 - reasons for identity set out - Maṇḍana and Sureśvara not identical - Bhavabhūti and Umbeka identical, but not same as Sureśvara - a digest called Viśvarūpanibandha by another Viśvarūpa - a Viśvarūpasamuccaya mentioned by Raghunandana.

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Sec. 61 *Bhāruci* : ... pp. 264-266

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His views quoted by Mitākṣarā on Yāj. I. 81 and II. 124 - a Bhāruci mentioned as an ancient teacher of Viśiṣṭādvaita system by Rāmānujācārya in his Vedārthasaṁgraha - Bhāruci the philosopher is probably identical with Bhāruci the jurist - from notices in the Sarasvatīvilāsa Bhāruci seems to have commented on the Viṣṇudharmasūtra - Bhāruci and Mitākṣarā disagreed on numerous points.

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Sec. 62 *Śrīkara* : ... pp. 266-268

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Views of Śrīkara set out - first writer to propound the view that spiritual benefit was the criterion for judging of superior rights to succession - probably a Maithila - difficult to say whether he wrote a commentary or an independent digest - flourished between 800-1050 A. D.

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Sec. *Medhātithi* : ... pp. 266-275

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Wrote an extensive commentary on Manu - printed bhāṣya corrupt in 8th, 9th and 12th chapters - reference to king Madana having restored Medhātithi's bhāṣya explained - Dr. Jolly says Medhātithi was a southerner - this is wrong - He was a northerner and probably a Kashmirian - literature known to Medhātithi - smṛtis quoted by him - mentions Asahāya, Bhartṛyajña, Yajvan, Upādhyāya, Ṛju, Viṣṇusvāmin - Medhātithi saturated with Pūrvamīmāṁsā - his reference to Śārīraka explained - Medhātithi and Śaṅkarācārya - peculiar views of Medhātithi set out - wrote Smṛtiviveka from which he quotes verses in his Manubhāṣya - date of Medhātithi - flourished between 825-900 A. D.

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Sec. 64 *Dhāreśvara Bhojadeva* : ... pp. 275-279

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Mitākṣarā (on Yāj. II. 135 and III 24) mentions views of Dhāreśvara - Dhāreśvara is to be identified with king Bhojadeva of Dhārā - works on numerous branches of knowledge attributed to Bhoja of Dhārā such as on Poetics, Rājamṛgāṅka (on astronomy), a com. on Yogasūtras - Śuddhikaumudī of Govindānanda mentions Rājamārtaṇḍa of Bhoja on srāddha – Mitākṣarā and Dhāreśvara disagree on several points, e. g. on the question whether ownership was known from śāstra alone, on the meaning of 'duhitarah' in Yāj. – on other points the two agree – Bhūpālapaddhati or simply Bhūpāla or rāja refers to a work of Bhojadeva – Bhujabalabhīma of Bhojarāja quoted in Tithitattva and Āhnikatattva of Raghunandana as distinct from the Rājamārtaṇḍa - Bhoja reigned from 1000 to 1055 A. D. - Dharmapradīpa of Bhoja is the work of another Bhoja, who was son of Bhāramalla and king of Āśāpura – it was written between 1400–1600 A. D.

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*Sec. 65 Devasvāmin:* ... pp. 279–281

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Said by Smṛticandrikā to have composed a digest of smṛtis – Nārāyaṇa, commentator of Āśvalāyanagṛhya, relies on bhāṣya of Devasvāmin – he composed a digest on ācāra, vyavahāra and āśauca – Smṛticandrikā quotes his views on the meaning of Yautaka, on the meaning of duhitaraḥ in Yāj., on Manu 9. 141 – A Devasvāmin commented on Pūrvamīmāṁsāsūtras and on the Saṁkarṣakāṇḍa – difficult to say whether he is identical with the writer on dharmaśāstra – Devasvāmin flourished about 1000-1050 A. D.

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*Sec. 66 Jitendriya:* ... 281-283

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He is frequently quoted by Jīmūtavāhana in his three works - Jitendriya held that the wives of a person whether separated or joint succeeded to their deceased husband – no early writer other than Jīmūtavāhana cites him - flourished between 1000-1050 A. D.

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*Sec. 67 Bālaka:* ... pp. 283-284

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Mentioned by Jīmūtavāhana, Śūlapāṇi, Raghunandana – several views of Bālaka set out - flourished before 1100 A. D.

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*Sec. 68 Bālarūpa:* ... pp. 284-286

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The opinions of Bālarūpa are cited in the Smṛtisāra and Vivādacandra - also in the Vivādacintāmaṇi – he wrote at least on vyavahāra and Kāla – Bālaka and Bālarūpa are probably identical - Bālarūpa is certainly earlier than 1250 A. D. - Vivādacandra once speaks of 'author of Bālarūpa', suggesting thereby that Bālarūpa was a work.

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Sec. 69 Yogloka :* ... pp. 286-287

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Known only from works of Jīmūtavāhana and Raghunandana - Jīmūtavāhana only rarely agrees with him and generally criticizes him and taunts him with being a logician merely - Bṛhad Yogloka and Svalpa Yogloka - Yogloka wrote at least on vyavahāra and Kāla - flourished between 950-1050.

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Sec. 70 Vijñāneśvara :* ... pp. 287-293

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The unique position of the Mitākṣarā on account of being esteemed as of paramount authority by British Indian courts - the several names of the Mitākṣarā - quotes a host of smṛti writers and six predecessors as authors of commentaries and digests - personal history of Vijñāneśvara - profound student of pūrvamīmāṁsā- date of Vijñāneśvara - between 1070-1100 - out of many commentators of the Mitākṣarā three famous - peculiar doctrines of the Mitākṣarā - seems to have been author of Āśaucadaśaka also - several commentaries on Āśaucadaśaka by Harihara, Raghunātha and Bhaṭṭoji - Vijñāneśvara not the author of Triṁśat-ślokī - Nārāyaṇa, a pupil of Vijñāneśvara, wrote Vyavahāra-śiromaṇi.

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