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History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v1.c6.s93: 108. The Vīramitrodaya of Mitramiśra

History of Dharmaśāstra (Ancient and Mediaeval Religious and Civil Law in India) v1.c6.s93

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108. The Vīramitrodaya of Mitramiśra

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The Vīramitrodaya is a vast digest composed by Mitramiśra embracing almost all branches of dharmaśāstra. Excepting the Caturvarga-cintāmaṇi of Hemādri, this work is probably the largest known on dharmaśāstra. But it surpasses in interest and usefulness even Hemādri's work since it deals with vyavahāra also. It was divided into sections called *prakāśas*. So far the *prakāśas* on vyavahāra, paribhāṣā, saṁskāra, rājanīti, āhnika, pūjā, tīrtha and lakṣaṇa have been published, the first by Jivananda ( Calcutta 1875 ) and the rest in the Chowkhamba Sanskrit series. The text of the dāyabhāga portion of the Vyavahāraprakāśa was also published by Golapchandra Sarkar Sastri with an English translation ( Calcutta 1879 ). It appears that Mitramiśra wrote on prāyaścitta also.¹¹⁰¹ But that work has not yet been met with. The very names of the sections of the Vīramitrodaya convey an idea of the subjects dealt with in them. The Lakṣaṇaprakāśa deals with the auspicious signs of men, women, the several parts of human body, elephants, horses, thrones, swords, bows and with the characteristics and qualities of the queen, the ministers, the astrologer, physician, doorkeeper, description of śālagrāma, śivaliṅga, rudrākṣa beads etc. In the *āhnikaprakāśa* he dilates upon the daily duties beginning with one's rising from bed on brāhmamuhūrta, śauca, ācamana and ending with going to bed. The Vyavahāraprakāśa is probably the largest *nibandha* on *vyavahāra*. This is divided into four parts. The first part deals with the meaning of *vyavahāra*, the constitution of the *sabhā* (court of justice), the appointment of judges, conflict of dharmaśāstra and arthaśāstra, assessors, the various grades of courts, the procedure about plaints and defendant's replies and their faults; the burden of proof and the means of proof. The second gives a detailed exposition of the means of proof, viz. witnesses, documents, possession and ordeals. The third treats of the eighteen titles of law including *dāyavibhāga* and the fourth very briefly speaks of those matters which were to be started *suo motu* by the king and not by a private individual. The *dāyavibhāga* portion of the Vyavahāraprakāśa occupies a little more than one-fourtth of the whole of the work.

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¹¹⁰¹ अत्युत्कटत्वासद्वकुर्वन्तीनां श्वनेनापि निष्कासनमित्यादि प्रायश्चित्तप्रकारो ( प्रकरणे ? ) विवेच्यामः। वीर० p. 640 (व्यवहार section, Jivananda).

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In the Tīrthaprakāśa he deals with the nature of *tīrthas*, the utility thereof for men, the persons entitled to undertake pilgrimage, the proper times for pilgrimage, the ceremonial acts to be performed at *tīrthas* such as shaving, fasts, bathing, gifts, the description of the several *varṣas* and *dvīpas* and of sacred rivers like the Ganges, Narmadā, sacred places like Gayā, Prabhāsa, Badrī, Puṣkara and Purī.

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In the Pūjāprakāśa he speaks of the definition of *pūjā*, persons entitled to perform *pūjā* (worship of gods), the rewards of *pūjā*, proper times and places for *pūjā*, śālagrāma, the proper articles and clothes for the worship of idols, proper flowers, fragrant substances, *naivedya*, the detailed method of worshiping Viṣṇu, Śiva, the Sun, Durgā, Brahmā etc. In the printed edition there are no introductory verses here.

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In the Saṁskāra-prakāśa the author enumerates the saṁskāras and describes in detail garbhādhāna, puṁsavana, anavalobhana, sīmantonnayana, jātakarma, nāmakaraṇa, śiśuniṣkramaṇa, annaprāśana, cūḍā, upanayana, *vivāha* etc., the duties of brahmacārins, *gotras*, *pravaras* and *sapiṇḍya*, all astrological matters in connection with marriage, piṇḍapitṛyajña, sarpabali, aṣṭakāśrāddha, śūlagava.

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The Rājanītiprakāśa treats of the definition of *rājan*, the proper time and procedure of coronation, the daily routine for kings, the qualifications of ministers, commander-in-chief and the dependents of the king, forts, capital, palaces, the four expedients of *sāma* etc., the six *guṇas*, auspicious and evil signs, marching for battle, Kaumudī and Indradhvaja festivals etc.

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In all his works Mitramiśra mentions hundreds of authors and works. The portion on vyavahāra is full of long-drawn controversies in which he refutes the views of numerous predecessors. The Vīramitrodaya enters into polemics far more frequently than Nīlakaṇṭha. He generally upholds the Mitākṣarā of Vijñāneśvara against all its critics, particularly the writers of the Bengal school. But he does not slavishly admire the Mitākṣarā in every thing. Now and then he rebukes even Vijñāneśvara. For example, he does not approve of what the Mitākṣarā says about the son called *Kānīna*.¹¹⁰² He finds fault with Vijñāneśvara's explanation of the verse 'anyodaryastu' as extremely forced and far-fetched and as simply exhibiting the author's pedantry.¹¹⁰³ Out of the host of works and writers that he names in the vyavahāra section the important ones are noted below.¹¹⁰⁴

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¹¹⁰² या तु मिताक्षराकृता यद्यनूढायामुत्पन्नस्तर्हि मातामहसुतोप्यूढायां तदा वोढुरेवेति व्यवस्था कृता सापि मनसि न चमत्कारमादधाति । वीर० p. 606.

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¹¹⁰³ विज्ञानेश्वरेणापि मानवसंवादाद्यान्योदर्यस्तु संसृष्टी नान्योदर्यो धनं हरेदिति पाठेन योगीश्वरवचनस्य यत्तद्व्यावृत्त्यध्याहारादिना क्लिष्टमत्यन्ताप्रतीयमानार्थकं स्वप्रज्ञाविलसितमात्रम् । वीर० p. 681 ; vide वीर० pp. 183, 668 for other criticisms of the मिताक्षरा.

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¹¹⁰⁴ अपरार्क, कल्पतरु, गोपाल, चण्डेश्वर, जीमूतवाहन, तात्पर्यपरिशुद्धि (of उदयन), दायतत्त्व, धारेश्वर, नयविवेक, पारिजात, पार्थसारथि, प्रकाश, प्रदीप, भवदेव, भवनाथ, मदनरत्न, माधवीय, मिताक्षरा, मेधातिथि, रघुनन्दन, रत्नाकर, लीलावती, वाचस्पति, वादभयङ्कर, विज्ञानयोगिन्, विद्यारण्य, व्यवहारतत्त्व, व्यवहारतिलक (of भवदेव), व्यवहारचिन्तामणि, शारदातिलक, शास्त्रदीपिका, शूलपाणि, सोमेश्वर, स्मृतिचन्द्रिका, स्मृतितत्त्व, हलायुध.

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The Vīramitrodaya is a work of high authority in the Benares School of Hindu Law. The Privy Council has laid down that ' the Vīramitrodaya is properly receivable as an exposition of what may have been left doubtful by the Mitākṣarā and declaratory of the law of the Benares school. '¹¹⁰⁵ Similarly it has been said by the same high tribunal that the Vīramitrodaya may be referred to even in Bengal where the Dāyabhāga is silent.¹¹⁰⁶ But where the text of the Mitākṣarā on any point is quite clear, the gloss of the Vīramitrodaya on the text of any sage which is in conflict with the rule laid down in the former cannot be referred to for the purpose of casting a doubt on the clear rule of the Mitākṣarā.¹¹⁰⁷ The Vīramitrodaya is inferior to the Vyavahāramayūkha in Western India¹¹⁰⁸ and its doctrines are not followed in those provinces when in conflict with those of the other two works. Their Lordships of the Privy Council say in *Vedachala v. Subramania*¹¹⁰⁹ ' although the Smṛticandrikā in the Southern Presidency is regarded as the most authoritative commentary on Vijñāneśvara's work, the Vīramitrodaya holds, as in Western India, a high position. It supplements many gaps and omissions in the earlier commentaries and illustrates and elucidates with logical preciseness the meaning of doubtful prescriptions. '

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¹¹⁰⁵ Vide *Gridharilal v. The Bengal Government* 12 Moo. I. A. 448 at p. 466 (where following the Vīramitrodaya the maternal uncle was held to be an heir as a bandhu); vide *Collector of Madura v. Mootoo Ramlinga* 12 Moo. I. A. 397 at p. 438.

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¹¹⁰⁶ *Moniram v. Keri Kolitani* I. L. R. 5 Cal. 776 (P. C.) at p. 789 (where it was held that unchastity in the case of a widow subsequent to her inheriting her husband's property does not work forfeiture of her rights).

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¹¹⁰⁷ I. L. R. 25 Cal. 354 at pp. 367-368.

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¹¹⁰⁸ 12 Moo. I. A. 397 at p. 438 and I. L. R. 3 Bom. 369.

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¹¹⁰⁹ I. L. R. 44 Mad. 753 (P. C.) at p. 764 = L. R. 48 I. A. p. 349.

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There is a ms. of the Dānaprakāśa in the Deccan College (.No. 305 of 1884–1887). It is an extensive work and contains the usual topics about gifts.

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Besides the digest called Vīramitrodaya Mitramiśra composed a commentary on the smṛti of Yājñavalkya. There is a ms. in the Deccan College (No. 58 of A 1883-84) which contains portions (with gaps) of the commentary on the three kāṇḍas (ācāra, vyavahāra, prāyaścitta). From the portion available it appears that the commentary was of considerable extent, though not as voluminous and as full of polemics as his digest. The ācāra portion had at least 446 folios (with 6 lines on each side and 30 letters in each line), the vyavahāra at least 257 and prāyaścitta a great many more than 153. Besides the works noted above he quotes the Karmapradīpa and the Smṛtisāra. In this work he does not quite approve of the reasons for the preference shown to the mother over the father as an heir by the Mitākṣarā, viz. the occurrence of the word 'mātā' as the first word when the word 'pitarau' is dissolved and the greater propinquity of the mother as compared with the father, since the latter can beget sons from another wife.¹¹¹⁰ The commentary gives three varieties of *dāsī*.¹¹¹¹ Vide I. O. cat. p. 371 No. 1288 and Peterson's 2nd report pp. 49-53 for further details about this commentary.

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¹¹¹⁰ इत्थं च विग्रहवाक्ये मातृशब्दस्य पूर्वनिपातात् पित्रेपेक्षया वैमात्रेयाजनकत्वेनासाधारणप्रत्यासत्तिसत्त्वाच्चेति मिताक्षरालेखनं चिन्त्यम् । folio 149 of the com. on व्यवहार section of याज्ञ०; compare वीरमित्रोदय p. 666 (Jivananda) where Mitramiśra is apologetic about the same reasons of the Mit.

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¹¹¹¹ दासी पुरुषविशेषेण विवाहापरिगृहीता । सा च त्रिविधा । एकेन पुरुषेण स्वभोगार्थं पुरुषान्तरभोगतो निरुद्धा भुजिष्या वेश्या चेति । भुजिष्या च स्वामिन्नियतपुरुषान्तरोभोगविषया स्वपरिचर्याकारिणी । folio 247.

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In the Ācāraprakāśa he quotes besides some of the works mentioned above the following also, viz. Kullūka, Prayogapārijāta, Prāyaścittaviveka, Madanapārijāta, Śrīdatta (vide I. O. cat. p. 437 No. 1471).

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In the introductions to the several sections of his digest and also in the colophons therein Mitramiśra furnishes considerable information about himself, his family and the family of his patron. Mitramiśra was the son of Paraśurāmapaṇḍita and grandson of Haṁsapaṇḍita. Haṁsapaṇḍita seems to have been a native of Gopācala (Gwalior) and was endowed with the rare combination of wealth and learning. One Caṇḍeśvara of Kāśī was the *guru* of Paraśurāmapaṇḍita. Mitramiśra indulges in hyperbolic¹¹¹² descrip-

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¹¹¹² मा कुर्वन्तु मुधा बुधाः परिचयं ग्रन्थेषु नानाविधे-

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त्यन्तं न हि तेषु सर्वविषयः कश्चित् क्वचिद्वर्तते ।
पश्यन्तु प्रणयादनन्यमनसो ग्रन्थं मदीयं त्विमं
धर्माधर्मसमस्तनिर्णयविधिर्यस्मिन्दरीदृश्यते ॥ verse 39 of आह्निकप्रकाश.

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tions of his own learning and naively tells his readers that they need study only his work and may neglect all other *nibandhas*. Mitramiśra was commanded by Vīrasiṁha to compose his great digest.¹¹¹³ The introduction to the Āhnikaprakāśa starts with king Medinīmalla who was a scion of the Kāśīrāja family. His son was Arjunadeva who became ruler of Bundelkhand. His son was Malakhāna, whose son was Pratāparudra (founder of the capital Orccha). His son was Madhukarasāha, whose son was Vīrasiṁha. Vīrasiṁha's son was¹¹¹⁴ Jujhāra who is described as 'young' (yuvā in verse 23). His son was Vikramārka whose son was Narasiṁhadeva. There is no such introduction to the printed Pūjāprakāśa and Narasiṁhadeva is not mentioned in the introductions to the other prakāśas. From the article of Mr. Lala Sitaram in the Calcutta Review (May and July 1924) further information can be gathered about Birsinghdeo (i. e. Vīrasiṁhadeva). In the article it is shown how and under what circumstances Vīrasiṁha killed Abul Fazal, the friend of Emperor Akbar and a great literary genius. We are told there that there is a work called Vīrasiṁhadeva-carita composed in Vikrama year 1664 (1607-8 A. D.) by Keśavadāsa, author of Kavipriyā and Rasikapriyā. Vīrasiṁha was 7th out of the eight sons of Madhukarasāha. Not only was he a soldier, but he was a great builder. He built the palace forts of Orcchha and Datia, the temple of Keśavadeva at Mathurā, several lakes called Birasāgara, Siṁhasāgara and Deosāgara (after the three parts of his own name). He is said to have ruled at Orchha from 1605 to 1627 A. D. From the introduction to¹¹¹⁵ the commentary on Yājñavalkya it appears that Vīrasiṁha commanded Mitramiśra to write it and that a learned man Sadānanda, the ornament of Tīrabhukti (Tirhoot), was also connected with its composition. It will be seen that the title Vīramitrodaya very cleverly suggests that Mitramiśra wrote it under the patronage of Vīrasiṁhadeva. The title may mean ‘the rise of Vīra and Mitra’ or ‘the rise of the friend of Vīra’ or ‘the rise of the sun, viz. Vīra’.

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¹¹¹³ स्वस्ति श्रीमद्युतवीरसिंहनृपतेराज्ञावशादुत्सुकः श्रीमित्रामिधपण्डितः प्रतिदिशं कीर्त्यानिशं मण्डितः । नानानिर्णयवर्णनं व्यसनिनां संख्यावतां प्रीतिदं सम्प्राप्तव्यवहारसाधकमिमं कुर्वे प्रकाशं परम् ॥ 2nd Intro. verse to व्यवहारप्रकाश (Jivananda).

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¹¹¹⁴ राज्यं प्राप जुझारसिंहनृपतिर्यस्यायतो भूपते- स्तत्पुत्रोपि गुणार्णवः समजति श्रीविक्रमार्को नृपः । तत्सुनुर्नरसिंहदेवनृपतिस्तं वीरसिंहं विना लेभे राज्यपरम्परासुखमिदं मन्ये महेन्द्रोपि किम् ॥ verse 27 of आह्निकप्रकाश. The colophon at the end of the first part of व्यवहारप्रकाश is इति श्रीमत्स-कलसामन्तचक्रचूडामणिमञ्जरीधमञ्जरीनीराजितचरणकमलश्रीमहाराजाधिराजप्रतापरुद्र-तनूज-श्रीमन्महाराजमधुकरसाहसूनु-श्रीमहाराजाधिराजचतुरुदधिवलयवसुन्धराहृदयपुण्ड-रीकविकासदिनकरश्रीवीरसिंहदेवप्रयोजित-श्रीहंसपण्डितात्मज-श्रीपरशुराममिश्रसूनुसकल-विद्यापारावारपारीणधुरीणजगद्दारिद्र्यमहागजपारीन्द्रविद्वज्जनजीवातु-श्रीमन्मित्रमिश्रकृते वीरमित्रोदयाभिधनिबन्धे व्यवहारप्रकाशे &c. Vide Pogson's 'History of the Boondelas' pp. 10-11 for Arjunadeva and his descendants.

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¹¹¹⁵ I. O. cat. p. 371 No. 1288 ‘वित्तं मत्वाप्यसारं वितरदविरतं याज्ञवल्क्योक्तिमुक्तावारं स्मृत्यर्थसारं रचयितुमथ स प्रादिशन्मित्रमिश्रम् । उत्तंसस्तीरभुक्तेरखिलबुधगुरुः श्रीसदानन्दधीमान् श्रीभाजो मित्रमिश्राज्जगदुपकृतये विश्वदादेशदीपम् ॥ ज्ञानानां दैन्यदोषापहमकलिमयं याज्ञवल्क्योक्तिकोशाद् दृष्ट्वा स्मृत्यर्थसारं समचिनुत यशो धर्मलक्ष्मीविहारम् । verses 15 and 16.

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The time when Mitramiśra flourished can be easily settled on account of his relations with Vīrasiṁhadeva. In his Āhnikaprakāśa he mentions the great-grand-son of Vīrasiṁha. Therefore that section must have been written when Vīrasiṁha was advanced in age. Vīrasiṁha ruled at Orchha from 1605 to 1627. Hence the literary activity of Mitramiśra must be placed in the first quarter of the 17th century. This date agrees with the fact that he names Vācaspati and Raghunandana. We thus see that Mitramiśra was almost a contemporary of Kamalākarabhaṭṭa and Nīlakaṇṭha. The two latter do not refer to him nor does Mitramiśra name them.

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In the Vyaṅgyārtha-kaumudī of Anantāśrama¹¹¹⁶ of Puṇyastambha (Puṇtāmbe) on the Godāvarī, a commentary on the Rasamañjarī of Bhānudatta, the author gives a pedigree of his patron. He describes the Kāśīrāja family at Benares, in which was born Pratāparudra whose son was Madhukarasāha, whose son was Vīrasiṁhadeva. Ananta wrote the commentary for Candrabhānu, a son of Vīrasiṁhadeva, in 1635 A. D. This corroborates the dates above given by Mr. Lala Sitaram. Therefore it is almost beyond doubt that the literary activity of Mitra-miśra lies between 1610 and 1640 A. D.

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¹¹¹⁶ Vide I. O. cat. p. 356 No. 1224,

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