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History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v1.c6.s57.24

History of Dharmaśāstra (Ancient and Mediaeval Religious and Civil Law in India) v1.c6.s57.24

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v1.c6.s57.24

In the Madras Govt. mss. library there is a ms. of the Vyavahāra-śiromaṇi of Nārāyaṇa, who says that he learnt dharmaśāstras under Vijñāneśvara (adhītya dharmaśāstrāṇi Vijñāneśvara-sadguroḥ). The work deals with the *vyavahāra* portion and was composed for the benefit of the un-initiated (bālabodhārtham). The ms. contains the portion dealing with the king's duty to look into the disputes of people, the time for doing that, sabhā, definition of prāḍ-vivāka (judge), the plaint and its defects, āsedha (restraint of the defendent ), means of proof the eighteen titles of law, ṛṇādāna, nikṣepa, saṁbhūya-samutthāna, dattapradānika, abhyupetya-aśuśrūṣā, vetanasya-anapākarma, asvāmivikraya, vikrīyāsaṁpradāna, krītvānuśaya, samayasyānapākarma, sīmāvivāda, strī-puṁsayoga, dāyavibhāga. The work breaks off in the middle of the explanation of the verse 'patnī duhitaraścaiva'. He closely follows the Mitākṣarā in all that he says; but in one place he expressly differs from his teacher, viz. whereas the Mitākṣarā mentions four different times for partition, Nārāyaṇa says that there are really two times of partition, when the father desires partition and when the son or sons desire it.648a On *saṁbhūyasamutthāna* he quotes a passage from Kauṭalya (the ms. uses this form), which agrees closely with the printed text (vide Arthaśāstra III. 14, p. 186, ed. by Shama Sastrī ).648b

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