History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v1.c6.s45.15

v1.c6.s45.15

As Viśvarūpa and Medhātithi both name Asahāya, his lowest limit is about 750 A. D. How much earlier he flourished it is difficult to say. He can hardly be earlier than the 6th century. In the com. on Nārada (p. 48) there is a story from Pāṭaliputra about the repayment of a debt by sons, grandsons and great-grandsons. It has been argued (Calcutta Law Journal, vol. 17 p. 59) that, as Pāṭaliputra was a deserted city in the middle of the 7th century and as the reference shows that Pāṭaliputra was a living and flourishing city, Asahāya must have lived long before the 7th century. But as the very authenticity of the text of the bhāṣya is doubtful owing to the drastic 'revision' of Kalyāṇabhaṭṭa, such a conclusion is extremely hazardous. In the ms. of the bhāṣya other places such as Vaṭapadraka (probably modern Baroda), Avāvadu and Saṁvāduka are mentioned. There is nothing to show that the author was either a native of or had a first-hand knowledge of Pāṭaliputra. He might have been relying on traditions when he gave the story. Dr. Jolly not being aware of the express mention of Asahāya by Medhātithi argued that he flourished earlier than Medhātithi (Tagore Law Lectures p. 5; S. B. E. vol. 25 p. VII) on the ground that the Mit. and the Sarasvatīvilāsa always place Asahāya before Medhātithi whenever authorities on vyavahāra are enumerated. Dr. Jolly's conclusion is right as shown above, but his reasoning is faulty. There is hardly anything of chronology in the order in which authors are named, since we find that the Sarasvatīvilāsa⁵¹⁶ names Vijñāneśvara even before Asahāya, though the former flourished centuries after the latter.