History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v1.c6.s76.1

v1.c6.s76.1

Harinātha is the author of a digest called Smṛtisāra on several topics of dharmaśāstra. No part of this work has been yet printed. In the India Office there are two mss. of the Smṛtisāra (I. O. cat. p. 448, No. 1488 and p. 449, No. 1489). The first cites 67 authorities (*pramāpakāḥ*) on Dharmaśāstra, out of which the Karmapradīpa, the Kalpataru, the Kāmadhenu, Kumāra, Gaṇeśvaramiśra, Vijñāneśvara, Vilamba (?), Smṛtimañjūṣā and Harihara deserve special mention. This ms. contains the portion of the Smṛtisāra on the saṁskāras, rites on death, śrāddha and prāyaścitta. The other ms. deals with the principal topics of vivāda (various titles of law) and vyavahāra (judicial procedure), viz. partition, father's share on partition, larger share to eldest son, persons excluded from partition and inheritance, impartible property; *strīdhana*; the several kinds of sons; succession to the property of the sonless; re-union; gambling and prize-fighting and other titles of law; various methods of *daṇḍa* (punishment); the various units of measure etc.; judicial procedure i. e. the plaint, the reply, the means of proof, viz, documents, witnesses, possession, reasoning, oaths, and ordeals; review of judgment; minority and dependence; rules about succession according to various authors. This last portion appears to be a sort of supplement, wherein the views of Bālarūpa, Pārijāta, Halāyudha, Kalpataru and of the Smṛtisāra itself on the order of succession to a man dying sonless are set forth. Viśvarūpa and Śrīkara are named in the summary of Bālarūpa's views and the Prakāśa at a later stage (folio 148 b). Bhavadeva-nibandha is also expressly named on possession.