History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.803

v4.c63.803

Nār. (XIII. 1) employs the expression *samayasyānapākarma*. Manu VIII. 5 employs the first expression. Manu (VIII. 218-219) has both names in view, when he says 'I shall now declare the rules applicable to those who violate *samayas* (conventions). He who having entered into a compact (*saṁvid*) under (the sanction of) an oath with the inhabitants of a village or a district or with a group of traders or other persons breaks it through greed should be banished from the kingdom by the king.' In Āp. Dh. S. I. 1. 1. 2 and II. 4, 8. 13 the word 'samaya'⁸⁵² is employed in the sense of 'convention or accepted doctrine'. The same word is also used in the sense of 'agreement' as in Yāj. I. 61 (*gāndharvaḥ samayānmithaḥ*). In this title it means 'the acceptance of a certain rule or convention arrived at by many', as explained by⁸⁵³ Medhātithi on Manu VIII. 219. It signifies a local or caste usage or convention made by groups of people (such as guilds and corporations) binding on all members that form or join the several groups. The Amarakośa holds that *ācāra* and *saṁvid* are among the several meanings of *samaya*. Medhātithi explains that, if the inhabitants of a village come to a decision that they would oppose the inhabitants of a neighbouring village who were indulging in grazing their cattle in the pastures of the former village or diverting the watercourses and that if in doing so there was a riot or a suit were filed before the king, all should be of one mind, that any one of those who encouraged this decision would be liable to be punished if he backed out of it through some inducement offered by the headman of the other village. Nār. XIII. 1 explains that *samaya* means the rules (or conventions) settled among heretics, *naigamas*⁸⁵⁴ and the like. Yāj. II. 192 and Nār. XIII. 2 provide that the conventions of guilds, *naigamas*, heretics, śreṇis, pūgas, gaṇas and in towns and districts should be enforced by the king and their traditional mode of conducting their business should be protected. Some remarks have already been made on guilds and corporations above (pp. 156-57 notes 196-198). Vide also H. of Dh. vol. II. pp. 66-69 for the guilds and corporations and the meanings of words like *śreṇi*, *pūga*, *gaṇa* etc. Some further information is added here. The Sm. C. (II. p. 223) has a very⁸⁵⁵ interesting note illustrating the various conventions of several groups and its remarks are copied *verbatim* by the V. P. pp. 332-333. It says: 'Even heretics have certain rules made for the benefit of their monasteries. Among naigamas there is a practice that those who disregard messages brought by servants wearing a specific jacket (as a uniform) should be fined. Śreṇis are guilds of craftsmen such as weavers. They have rules that certain articles are to be sold only by a certain guild and by no other. Pūgas are groups of elephant riders and horse riders.' Vrāta is defined by Kāt. as a body of persons armed with various weapons, while the Mahābhāṣya on Pāṇini V. 2. 21 (*vrātena jīvati*) explains it as a 'group of men of several castes and several occupations who make a living by relying on their formidable bodies'. Acc. to the Mit. heretics are those like the Bauddhas who do not regard the Veda as authoritative. Gaṇa means, acc.