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History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v1.c6.s83: 98. Vācaspatimiśra

History of Dharmaśāstra (Ancient and Mediaeval Religious and Civil Law in India) v1.c6.s83

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English

98. Vācaspatimiśra

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Vācaspatimiśra is the foremost *nibandha* writer of Mithilā. His Vivādacintāmaṇi has been recognised by the High Courts in India and by the Judicial Committee of the Privy Council as a work of paramount authority on matters of Hindu Law in Mithilā.⁹⁷² Vācaspati was an extremely voluminous writer and appears to have composed dozens of works. In the Śrāddhakalpa *alias* Pitṛbhaktitaraṅgiṇī, almost his latest work, he says that he wrote in his youth ten works on śāstra and thirty *nibandhas* on smṛti and composed the work in question in his declining years.⁹⁷³ At least eleven works of his bearing the title 'cintāmaṇi' are known. They are briefly noticed below.

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⁹⁷² Vide 11 Moo. I. A. 139 at p. 174 and 487 at p. 508, I. L. R. 20 All. 267 at p. 290 (P. C), I. L. R. 10 Cal. 392 at p. 399, I. L. R. 12 Cal 348 at p. 351.

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⁹⁷³ शास्त्रे दश स्मृतौ त्रिंशन्निबन्धा येन यौवने। निर्मितास्तेन चरमे वयस्येष विनिर्ममे॥ vide I. O. cat. p. 556 No. 1730.

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The Ācāracintāmaṇi deals with the daily rites of Vājasaneyins.⁹⁷⁴ The Āhnikacintāmaṇi is quoted in his Śuddhicintāmaṇi. The Kṛtyacintāmaṇi was published in Bengali characters at Benares in *śake* 1814 (vide JASB. for 1915, p. 395) and deals with the festivals that are celebrated on different days in the year. The Tīrthacintāmaṇi has been published in the B. I. series. It is divided into five *prakāśas*, viz. Prayāga, Puruṣottama (Puri), Gaṅgā, Gayā and Vārāṇasī and deals with such topics as the purpose of pilgrimages, the preliminaries of pilgrimage, the various rites to be performed at the several *tīrthas*, the subsidiary sacred places at the principal *tīrthas* etc. He mentions the Kalpataru, Gaṇeśvaramiśra, Jayaśarmā, the Mitākṣarā, Smṛtisamuccaya and Hemādri. In the introduction he explicitly states that he composed the work after carefully examining the Kṛtyakalpadruma and Pārijāta, the Ratnākara and other works.⁹⁷⁵ The Dvaitacintāmaṇi is mentioned in his Kṛtyacintāmaṇi. The Nīticintāmaṇi is mentioned in the Vivādacintāmaṇi (p. 72). The Vivādacintāmaṇi (text) was published at Calcutta in 1837 (which edition is used in this work) and was translated into English by Prasannakumar Tagore (in 1863) with a learned preface. It explicitly states that the author carefully studied the Kṛtyakalpadruma, Pārijāta and Ratnākara.⁹⁷⁶ The work deals exhaustively with the eighteen titles of law (*vyavahārapadas*). The principal authors and works, besides the usual *smṛtis* and *purāṇas*, mentioned in the work are noted below.⁹⁷⁷ In this work he mentions several vernacular equivalents for Sanskrit terms. The Vyavahāracintāmaṇi⁹⁷⁸ deals with judicial procedure, viz. the four principal topics thereof, viz. *bhāṣā* (the plaint), *uttara* (reply of defendant), *kriyā* (evidence), *nirṇaya* (decision). The Śuddhicintāmaṇi was printed at Benares in Bengali characters in *śake* 1814 (JASB for 1915, p. 396 *n* 2). The Śūdrācāracintāmaṇi deals with the duties of śūdras (Mitra's Notices, vol. VI, p. 22, No. 2001). The Śrāddhacintāmaṇi is a standard work and was printed at Benares in Bengali characters in *śake* 1814.

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⁹⁷⁴ अहोरात्राश्रितो धर्म इह वाजसनेयिनाम्। निबध्यते हरिं नत्वा श्रीवाचस्पतिशर्मणा॥ Mitra's Notices, vol. V. p. 169, No. 1857.

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⁹⁷⁵ श्रीकृत्यकल्पद्रुमपारिजातरत्नाकरादीनवलोक्य यत्नात् । प्रणम्य मूर्ध्ना मधुसूदनाथ वाचस्पतिस्तीर्थविधिं तनोति ॥ तीर्थचिन्तामणि; vide p. 268 also.

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⁹⁷⁶ श्रीकृत्यकल्पद्रुम ... यत्नात् । वाचस्पतिः श्रीपतिनक्रमौलिर्विवादचिन्तामणिमातनोति ॥

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⁹⁷⁷ कल्पतरु, गृहस्थरत्नाकर, पारिजात, प्रकाश, बालरूप, भाष्यकार (of शङ्खलिखित, p. 67, the same quotation occurring in the वि. र. p. 234), मिताक्षरा, मेधातिथि, रत्नाकर, लक्ष्मीधर, स्मृतिसार, हलायुध. Note the following words 'व्युत्करोवकरः गोन्दतल इति प्रसिद्धः' (p. 63), 'आरक्षकः कोटाल इति प्रसिद्धः' (p. 95, i. e. *Kotwal* in Marathi), 'संक्रमः साकम इति प्रसिद्धः' (p. 101; compare Marathi सांकव).

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⁹⁷⁸ भाषोत्तरक्रियापादा निर्णयः सोपदेशकः । चतुष्पातस्वरूपोऽयौ व्यवहारो निरूप्यते ॥ I. O. cat. p. 417 No. 1400.

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Besides the works and authors enumerated in the foot-note above, the others mentioned by him in his several Cintāmaṇis are noted below.⁹⁷⁹

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⁹⁷⁹ अनिरुद्ध, असहाय, आचारप्रदीप, उदयकर, कर्क, कर्मप्रदीप, कालविवेक, कालादर्श, कुलार्णव, गोविन्दराज, दुर्गाभक्तितरङ्गिणी, पितृभक्ति, प्रदीप, भवदेव, भीमपराक्रम, भोजराज (or simply राज), राजमार्तण्ड, रामार्चनचन्द्रिका, वर्धमानोपाध्याय, विवेक, व्यवहारमातृका, शुद्धिसार, श्राद्धकल्पचिन्तामणि, श्राद्धपल्लव, श्राद्धपञ्जी, श्राद्धविवेक, श्रीदत्तोपाध्याय, सुगतिसोपान, स्मृतिपरिभाषा, स्मृतिदर्पण, स्मृतिसागर, हरिहरमिश्र, हरिहरपद्धति, हारलता.

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Besides these there is a group of Vācaspati's works with the title 'nirṇaya'. The Tithinirṇaya⁹⁸⁰ starts with an invocation of the highest Being (*paramātman*) while most of his works are begun with an obeisance to Hari or Kṛṣṇa. It first divides *tithis* into śuddhā and viddhā (commingled with another tithi) and then discusses all the *tithis* from the first to the fifteenth and also *amāvāsyā*; it deals with the questions as to the rites of that *tithi* which is *kṣaya*, with śivarātrivrata, naktavrata, holidays, fasts, jayantīvrata, holikā festival etc. The Dvaitanirṇaya,⁹⁸¹ as its name implies, is concerned with the settlement of some doubtful points of Dharmaśāstra such as the names to be given to brāhmaṇas and the other *varṇas*, doubts on gifts and consecration of tanks and wells, doubts about daily bath, *saṁdhyā*, *devapūjā*, *vaiśvadeva*, daily offerings to manes, about judicial proceedings and the taking of interest, about various *vratas* like ekādaśī and janmāṣṭamī, about intercalary months, about the proper time for marriage and *upanayana*. The Mahādāna-nirṇaya⁹⁸² expatiates on the sixteen munificent gifts such as weighing against gold and silver. In the introductory verses Vācaspati gives the genealogy of his patron's family from Bhaveśa, whose son was Harasiṁhadeva, whose son was Narasiṁha, whose son Bhairavendra bore the *biruda* (appellation) Hari-nārāyaṇa. A verse⁹⁸³ at the beginning and one at the end attribute the work to Bhairavendra and to Rūpanārāyaṇa respectively. Rūpa-nārāyaṇa was the *biruda* of Rāmabhadra, a son of Bhairavendra. Therefore it looks probable that the work was commenced in the reign of Bhairava and was completed in the reign of his son Rāmabhadra. M. M. Chakravarti says that Bhairava himself bore at one time the *biruda Rūpanārāyaṇa*. M. M. Haraprasad Sāstri (Nepal cat. p. 90) mentions a Vivādanirṇaya of Vācaspati. The Śuddhinirṇaya of Vācaspati deals with impurity on birth and death, the religious acts that must be performed even in times of impurity, *sapiṇḍa* relationship, periods of impurity for the principal varṇas and mixed castes; periods of impurity on abortion, the deaths of infants and women, accidental deaths etc., over-lapping of several periods of *āśauca*; impurity arising from carrying a corpse; rites after the death of a *saṁnyāsin*; impurity from contact of lower castes, such as washermen and cāṇḍālās, freedom from impurity at tīrthas and marriages etc.

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⁹⁸⁰ अद्वैतोद्बोधगम्याय निर्गुणस्थितिहेतवे । जगतामादिभूताय नम्रस्ते परमात्मने ॥ विलोक्य मुनिवाक्यानि संप्रदायानुसारतः । तिथद्वैतविधौ यत्नात्क्रियते तिथिनिर्णयः ॥ Mitra's Notices, vol. V. p. 149 No. 1139.

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⁹⁸¹ Vide Mitra's Notices, vol. I, p. 149 No. 275 and vol. V, p. 296 No. 1973 for the द्वैतनिर्णय.

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⁹⁸² Vide Haraprasad Sastri's cat. of palm-leaf and paper Nepal mss. p. 122 for the महादाननिर्णय.

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⁹⁸³ श्रीवाचस्पतिधीरं सहकारितया समासाद्य । श्रीभैरवेन्द्रनृपतिः स्वयं महादाननिर्णयं तनुते ॥ ; श्रीरूपनारायणभूमिपालकृतो महादानविनिर्णयोयम् । यशःप्रसूनञ्चितदिक्पतीनामाकल्पमाकल्पतु भूपतीनाम् ॥ at end.

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Besides these, Vācaspati appears to have either composed or contemplated writing seven works called Mahārṇava on kṛtya, ācāra, vivāda, vyavahāra, dāna, śuddhi and pitṛyajña. Of these the Kṛtyamahārṇava is found and deals with festivals and fasts and the proper times therefor (vide JASB for 1915, p. 398). He also wrote the Gayāśrāddhapaddhati, the Candana-dhenupramāṇa and the Dattakavidhi. Probably his last work, as stated above, was the Śrāddhakalpa *alias* Pitṛbhaktitaraṅgiṇī.

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Apart from the works on dharmaśāstra, Vācaspati wrote also on the systems of philosophy. But it is not necessary for our purpose to go into that question.

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Most of his works styled 'cintāmaṇi' are mentioned by Raghunandana in the *tattvas* (e. g. Kṛtyacintāmaṇi in Ekādaśītattva, Vivāda-and Vyavahāra-cintāmaṇi in Dāyatattva). The Śuddhicintāmaṇi is quoted in the Śuddhitattvārṇava of Śrīnātha-ācārya-cūḍāmaṇi, the Śrāddha-cintāmaṇi is quoted in the Śrādhha-kriyā-kaumudī (pp. 265, 475) and in the Śuddhikaumudī (pp. 89, 93) of Govindānanda, the Vivāda-cintāmaṇi is quoted in the Vīramitrodaya (p. 697) and the Vyavahāracintāmaṇi is criticized in the same work (p. 288). His Pitṛbhakti-taraṅgiṇī is mentioned in the Śuddhitattva and Śrāddhatattva. Vācaspati vouchsafes very little information about himself or his family. In the colophons of his works he is generally styled mahāmahopādhyāya and *miśra* or *sanmiśra*. In the colophon of the Śūdrācāra-cintāmaṇi⁹⁸⁴ he is described as the *pariṣad* (the adviser of the king in finally deciding difficult points of Dharmaśāstra) of *Mahārājādhirāja* Harinārāyaṇa. We saw above that his Mahādānanirṇaya connects itself with two kings Bhairava and his son Rūpanārāyaṇa. At the end of the Śrāddhakalpa we are told that Vācaspati who was the *pariṣad* of Rāmabhadradeva *alias* Rūpanārāyaṇa, son of Harinārāyaṇa, composed the work at the bidding of his patron.⁹⁸⁵ Vardhamāna in his Daṇḍaviveka says that one of his *gurus* was Vācaspati.⁹⁸⁶ It is probable that it is this Vācaspati that is meant. But as against this we must remember that Vācaspati in his Śrāddha-kalpa quotes Vardhamāna Upādhyāya on śrāddha. Vardhamāna wrote his Daṇḍaviveka while king Bhairava was reigning and his Gaṅgākṛtyaviveka for Rāmabhadradeva. So Vācaspati was an elder contemporary of Vardhamāna.

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⁹⁸⁴ महाराजाधिराजश्रीमद्धरिनारायणपरिषदा सकलपण्डितमण्डलीशिरोमणिना श्रीवाचस्पतिमिश्रेण विरचितः शूद्राचारचिन्तामणिः &c. Mitra's *Notices*, vol. VI. p. 23 No. 2001.

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⁹⁸⁵ समस्तेत्यादिमहाराजाधिराजश्रीहरिनारायणात्मज-समस्तेत्यादिमहाराजाधिराजश्रीरूपनारा-यणपदवीसमलङ्कृतमिथिलामण्डलाखण्डलश्रीमद्रामभद्रदेवचरणादिष्टेन तत्परिषदा श्रीवा-चस्पतिशर्मणा विरचितोयं श्राद्धकल्पः परिपूर्णः । I. O. cat. p. 556 No. 1730. The pedigree of the कामेश्वर kings of Mithilā from भवेश is :

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⁹⁸⁶ ज्यायान्गण्डकमिश्रः शङ्करवाचस्पती च मे गुरवः । दण्डविवेक verse 6.

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Prasannakumar Tagore assigned 1423 A. D. as the time of the Vivādacintāmaṇi (vide preface p. xxviii). Ghose in his Hindu Law (vol. II p. xiv) says that Vācaspati wrote the Śrāddhacintā-maṇi by order of queen Jayā, widow of king Bhairavadeva and

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Vide Ind. Ant. vol. XIV, p. 196 for a detailed pedigree gathered from Pāñjas of Mithilā (though somewhat confused) and Ind. Ant. vol. 28, pp. 57-58.

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mother of Puruṣottamadeva,⁹⁸⁷ that Harinārāyaṇa (i. e. Bhairava) ruled from 1513 to 1527 and that the latter was killed by Nasratshah, the Pathan king of Bengal. M. M. Chakravarti holds that the literary activity of Vācaspati lay between 1450 to 1480 A. D. Since Vācaspati mentions the Ratnākara (of Caṇḍeśvara) and Rudradhara as his authorities he must be later than about 1425 A. D. Vācaspati's works are quoted by Govindānanda and Raghunandana. Therefore Vācaspati is certainly earlier than 1540 A. D. The ms. of the Mahādānanirṇaya found in Nepal is dated in 392 of the Lakṣmaṇasena era (Monday of Vaiśākha, dark half, 12th *tithi* i. e. 22nd April 1511 A.D.) The ms. of the Śuddhinirṇaya (Mitra's Notices vol. X, p. 58, No. 3308) was copied in *saṁvat* 1416, which must in this particular case be taken as equivalent to *śake* 1416 i. e. 1494-95 A. D., since Vācaspati could not have flourished about 1360 A. D. (which corresponds to Vikrama *saṁvat* 1416). Hence the period assigned by Chakravarti for the literary activity of Vācaspati appears to be correct. That date is further corroborated by the fact that Vācaspati wrote under Bhairavendra and his son Rāmabhadradeva, that were 4th and 5th in descent from king Bhaveśa of Mithilā, who as we saw above began to rule over Mithilā in the third quarter of the 14th century.

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⁹⁸⁷ Compare विष्णोर्व्यक्तः(?) पुरमिव शम्भोरिव देहवामार्धम् । देवीसनाभिरेषा जयति जयात्मा महादेवी ॥ श्रीभैरवेन्द्रधरणीपतिधर्मपत्नी राजाधिराजपुरुषोत्तमदेवमाता । वाचस्पतिं निखिलतन्त्रविदं नियुज्य द्वैते विनिर्णयविधिं विधिरुत्तनोति ॥ verses 5 and 7 of द्वैतनिर्णय, Mitra's Notices, vol, I p. 149.

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This Vācaspati who flourished in Mithilā in the latter half of the fifteenth century is very often confounded with other authors bearing the same name. The great philosopher Vācaspati who was author of the Bhāmatī on the Śārīrakabhāṣya of Śaṅkara and of several other commentaries on other systems of philosophy flourished in the first half of the 9th century as he wrote his Nyāyasūcinibandha in 898 (most probably of the Vikrama era).⁹⁸⁸ There was another (Candraśekhara) Vācaspati who wrote the Smṛtisārasaṁgraha (cat. of Calcutta San. College mss. vol. II, p. 181, No. 203) and flourished in the first half of the 18th century.

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⁹⁸⁸ न्यायसूचिनिबन्धोसावकारि सुधियां मुदे । श्रीवाचस्पतिमिश्रेण वस्वङ्कवसुवत्सरे ॥

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