History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v3.c44.73.1

v3.c44.73.1

In *Girijanund Datta Jha v. Sailajanund Datta Jha* 23 Cal. 645 it is observed as follows (at p. 653) 'notwithstanding the existence of numerous richly endowed Hindu shrines all over India from the earliest times, the Hindu Law strictly so called is, as Sir T. Strange complains (see his Hindu Law, Ed. of 1839, vol. 1, p. 32) meagre in its provisions relating to religious endowments, a fact which may perhaps be accounted for on the supposition that the high reputation for piety and purity of character justly enjoyed for the most part by the priestly classes of ancient India who had the management of the shrines was deemed a sufficient safeguard against breach of duty, so as to render detailed rules of law to regulate their conduct unnecessary'. In the following some of the meagre material that can be gathered from Dharmaśāstra works and analogous writings is set out. Manu (XI. 26) first appeals to the religious sentiments of people by declaring that the wicked man who from greed seizes the property of gods or of brāhmaṇas feeds in another world on the leavings of the food of vultures. Śabara remarks (on Jaimini²¹⁰³ IX. 1.9) that when it is said that a village or field belongs to a god, that is not a literal expression but used only in a secondary sense. That is said to be owned by a person which one can use as one likes; a field or a village can-not be used by a deity; but the attendants on the god (or temple) are maintained out of what is donated to a temple or god.