History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v3.c44.16

v3.c44.16

Aparārka (pp. 409-414), Hemādri (Dāna pp. 997-1029), Dānakriyākaumudī (pp. 160-181), Jalāśayotsarga-tattva of Raghunandana, the Pratiṣṭhāmayūkha and Utsargamayūkha of Nīlakaṇṭha, Rājadharmakaustubha (pp. 171-223) and several other works give a very comprehensive procedure of the consecration of wells, ponds and tanks, based upon the gṛhyapariśiṣṭas, the purāṇas such as the Matsya chap. 58, the Tantras, Pāñcarātra and other works. This procedure is passed over here. The idea²⁰⁷⁵ was that unless the reservoir was consecrated in the way prescribed its water was not holy and when consecrated it became holy. Pratiṣṭhā generally means dedicating to the public with prescribed²⁰⁷⁶ rites. Utsarga means 'divesting oneself of ownership over a thing and dedicating it for the use of all.' There were four principal stages in the procedure of pratiṣṭhā; first the saṅkalpa,²⁰⁷⁷ then the homa, then the utsarga (i. e. declaration that the thing has been dedicated) and lastly the dakṣiṇā and feeding of brāhmaṇas. In *Deosaran Bharthi v. Deoki Bharthi* 3 Patna 842 it was said (at p. 850) 'the essential ingredient that constitutes a gift whether of movable or of immovable property in the Hindu Law is the *Saṅkalpa* and the *Samarpaṇa* whereby the property is completely given away and the owner completely divests himself of the ownership in the property'. In the case of temples, the proper word to use is pratiṣṭhā and not utsarga.