Professional Documents
Culture Documents
This document covers the important information about the various Smrtis
in general and about Yajnavalkya Smrti in particular. The portion in KSOU
MA are the 6 Prakaranas from the Vyaavahaara Adhyaaya of Yajnavalkya
Smrti. This material has been consolidated from the various posts in the
blogs on this topic which covered the sessions by Dr. Gururaj Rao, Prof.
Vanitha Ramaswamy and Smt. Harini (MA Student). The coverage is
limited to the important aspects, based on the earlier KSOU MA exam
question papers. The phrases asked in KSOU MA exam सन्दभर् questions
have been provided in a separate section under each prakarana. Some
additional information mentioned by the speakers during the class room
sessions have been marked as “Side notes”. They may not be important
from the exam point of view. They have been included either to understand
the context or just for information. Here is a downloadable file which
includes a table of contents. Click here. yajnavalkya-smrti
Introduction
Srthis and Smrtis
स्मृितः श्रुितः हरेः आज्ञा says ऋिष: वाधूल: pointing out that the Smrti and Srthi are
created by the command of Hari or Sriman Narayana. श्रूयते अनेन इित श्रुितः i.e.,
That which is heard is Shruti. स्मयर्ते अनेन इित स्मृितः i.e., That which is
remembered is Smrti. It recollects the important points of the Vedas and
provides us in a concise manner.
Purpose of Smrtis
Vedas contain िविध and िनषेध i.e., ordained actions and prohibited actions.
The Smrtis are the commentaries by the Rishis on the Vedic injunctions.
श्रुितस्तु वेदो िवज्ञेयो धमर्शास्त्रं तु वै स्मृितः | Manu Smrti states that it is to be known
that Veda is Shruti and Dharma Shastras are Smrtis. Gautama refers to
Smrti as the essence of Dharma. These scriptures explain how to practice
Dharma, the importance of adhering to it, and the ill-effects of not
following the principles of Dharma.
The Vedas are the Srthi. They are the most authoritative of all the
scriptures. While the Vedas are अपौरुषेय – not written by man, the Smrtis
are written by Rishis. This being the case, it is very important to
understand the need for creating these Smrtis. The roles and
responsibilities of the different members of the society of that particular
time are explained in the Smrtis. It provides for some changes in the
actions to be performed, according to the requirement of times, without
contradicting the Vedic injunctions. So Smrti text can be written any
number of times, depending on the need of the times. But it should not be
against the dicta of the Shruti, which elaborate the fundamental Dharma of
the mankind.
Vedas are स्वतः िसद्धप्रमाण – these propositions are self-evident and they do
not require any external proof for their correctness. Though Smrtis are
written by individuals, it is also accepted to be correct since it is based on
the Vedas. आप्तवाक्यप्रमाण – It is considered to be correct because it is the
words of those Rishis who are concerned with our welfare. आप्तवाक्यं शब्दः।
The words of our well-wishers is to be taken as the truth as per Shabda
Pramaana. When there is वक्त्रानुकूल्य, श्रोतानुकूल्य and प्रसङ्गानुकूल्य i.e., when the
disposition of speaker, the disposition of the listener and the atmosphere
are conducive, whatever is being said has to be taken as आप्त वाक्यम् – the
well-wisher’s advice and they ought to be followed.
Shruti
Four Vedase Rigveda, Samaveda, Yajurveda and
Athrvaveda
चतुिवर् भागाः – 4 Parts of each Veda –Samhita, Brahmana, Aranyaka,
Upanishad
Samhitas are the Mantras. मन्त्र = संिहता
Brahmanaas were created while putting the Samhita to
use.
Aranyakasare the philosophy behind ritual sacrifice part of
the ancient Indian texts, the Vedas.
Upanishads are the Vedanta part and they include the
knowledge about the self.
Smrti
The Smrti literature is a vast corpus of derivative work.
AllSmrti texts are regarded to ultimately be rooted in or
inspired by Shruti. Major Smriti literatures are: Vedanga
(वेदाङ्ग), Upaveda (उपवेद), Upanga (उपांग), and Dharsanas
Vedangas are the auxiliary disciplines or subjects that
one must learn to fully comprehend the meaning of the
text contained in the Vedas.- Nirukta, Chandas,
Vyakarana, Shikshaa, Kalpa, Jyotisha
Nirukta is the science of etymologies. It explains
the word-roots and derivation of meanings of
words in different contexts. Text: Yaska’s Nirukta.
Vyakarana is Grammar. Panini’s Astadhyayi is
the authority on Sanskrit Grammar. It was not
written in Sanskrit but Panini used a meta-
language called Upadesa to define the grammar of
Sanskrit in about 8000 sutras/rules. Text: Panini’s
Astadhyayi.
Siksha deals with phonetics, the pronunciation
and accent. It explains how each syllable should be
pronounced in which context and the psychic
effects of those. There are two variations to plain
pronunciation, called Udatta and Anudatta.
Altering the pronunciation alters the meaning of
what is being chanted and the results of chanting.
Text: Panini’s Siksha.
Chandas is the science of metres. Syllables are
classified into two categories, Guru and Laghu. A
string of Guru-Laghu sequence of a particular
length is called a metre. There are various metres
in which the Vedic mantras are composed, such as
Gayatri, Anusthup, Trishtup and Jagati. The
chandas of a mantra determines its usage, such as
its purpose and context. But it acts more as an
error-correcting mechanism. Since the Veda is an
oral tradition, any aberration in the chandas
because of error in text or the swara, can be easily
identified and corrected. Text: Pingala’s
Chandassastra.
Jyotisha is the science of shining objects –
astronomy. Text: Lagadha’s Vedanga Jyotisha.
Kalpa speaks of the ritual portion, how and when
sacrifice is to be conducted. Texts: Kalpa Sutras,
consisting of Sulba Sutras and Srauta Sutras. Sulba
Sutras contain the geometry of altars along with
mathematical deductions for the geometry. Srauta
Sutras contain guidelines for conducting sacrifices.
The Upavedas are the practical or applied knowledge.
They deal with various arts and sciences. They are
Ayurveda – Health, Dhanur Veda – War,
Gandharva Veda – Music, and (स्थापत्य) Sthaapatya
Veda– Architecture.
There are four Upangas: Nyaya, Mimamsa, Itihasa-
Purana and Dharma Sastra
Dharma Shastras include smriti grantas and the
four sutras – Dharma sutra, Grhya Sutra, Sulba
Sutra and Srauta Sutra. The sutras are laid down
for each Vedic sakha/branch.
Dharma sutras contain the guidelines to
live a Dharmic life. Examples are
Aapasthamba, Baudayana, Gautama,
Vashishta – written in Sutra form. They deal
with customs, duties, law.
Smrti Grantas — After Dharma Sutras,
the Dharma Shaastras were written in
shloka or verse form. The Dharma-shastras
expanded and remodeled in verse form the
Dharmasutras. Examples – Manu
Smriti, Yajnavalkya Smriti, Paraasara
Smriti, Naarada Smriti, Vishnu Smriti.
Grhya sutras contain specific guidelines to
Grhasthas on the domestic rituals. गृह्य सूत्रस –
Mainly deal with चत्वािरंशत् संस्काराः (among
which षोडश-संस्काराः are important)
Srauta sutras contain guidelines for
performing Vedic rituals.
Shulba sutras contain the mathematical
principles for construction of various the
sacrificial altar (यज्ञस्तूपः Geometry).
Shad-Darshan Shastra (Nyaya, Vaisheshika,
Samkya, Yoga, Mimamsa, Vedanta)
Nyaaya-Vaisheshika
Nyaaya – Praacheena Nyaaya and Navya
Nyaaya
Vaisheshika – every object has an atom.
Deals with Atomic theory.
In the modern system of system, they
have been merged into one system called
the Nyaya system. Tarka Shashtra also
refers to this Nyaaya System. तकर्यन्ते
प्रितपाद्यन्ते इित तकर्ः This is the science of
logic.
Samkya-Yoga
Samkya deals with the soul by means of
the 25 principles based on which the
nature of the soul is proved.
Yoga means yolk. Yoga deals with the
connection with the supreme. It tells the
methods to connect with the supreme.
Meemaamsa-Vedanta
Poorva Meemaamsa or meemaamsa
deals with the sacrificial rituals.
Purification of the person after which he
becomes ready to receive the ultimate
knowledge.
Uttara Meemaamsa or Vedanta deals
with gnaana – a system which tries to
explain Jeevatma, paramaatma and the
Jagat.
Vedanta has different schools of thought
– Advaita, Dvaita, Vishishtaadvaita,
Shakti Vishishtaadvaita, etc. The first 3
are very important ones.
The Smrti authors explain the Vedic ideals without any misinterpretations.
The Smrtikaaras had the intention to lead their disciples in the right path
and elevate them to higher levels. आिचनोित आचरत्यिप आचायर्ः – An Aacharya
acquires knowledge and carries out his actions based on the acquired
knowledge. He has unity in thoughts, words and action. ऋिषः is a gnaani.
He sees oneness in humanity – सवर्ंखिल्वदं ब्रह्म | He shows the direction to all
the human beings. मागर्दशीर् महिषर् ः | There is no selfish interest in him. He is
concerned about everyone. Since each person’s life is unique, the Rishi
considers the good for everyone and provides the appropriate guidance.
The Smrtis contain the advice of a guru to his disciples. So these are
considered as शासन – the rules that need to be adhered to. Among the three
types of classification of the scriptures as Prabhu Sammita (stated with an
authority), Mitra Sammita (stated in a friendly manner) and Kaantaa
Sammita (stated in a loving way), the Smrtis come under Prabhu Sammita
as these are like the orders of the master that need to be obeyed, failing
which there would be punishment. So, whether one likes or not, the
injunctions stated in the Smrtis are to be carried out, at least due to the
fear of the punishment. भयािदन्द्रश्च वायुश्च मृत्युधार्वित पंचमः | Things are
happening in a specific order in the world because of the fear of the
consequences.
Usually the Smrtis are in Gadya or Prose form. There are a few which are
in Padya or Poetry form set to specific Chandas. There are also Smrtis
which are in Champu style – i.e., a combination of Gadya and Padya.
Important Smrtis
There are 37 important Smrtis. Some of the popular Smrtis are: Manu
Smrti, Yagnavalkya Smrti, Narada Smrti, Parashara Smrti, Brihaspati
Smrti and Katyayana Smrti. There are also many other Smrtis like Daksa
Smrti, Angirasa Smrti, etc. The Smrtis are mostly named after the authors
or writers – the one who collates and documents the work.
Dharma is King of kings and far more rigid than the king. It guides the
individuals as well as the communities. A king is primarily expected to
uphold the dharma. King is never the Law-maker but and authority to
enforce law.
Subject matter of smritis is divided into 3 namely, achaara, vyavahaara and
prayaschitta. Achaara and prayaschitta deal with religious observances and
the expiation rites. Vyavahaara deals with civil law.
The increase in the number of smrti texts show the importance of subject
matter and also the willingness to accommodate changes required by the
contemporary society.
There are many topics that have been repeatedly covered in many Smrtis
or even multiple times within the same Smrti due to the significance of the
matter of consideration. Some of them are discussed below.
Varnaashramadharma
One such aspect which has gained the prominence among the subjects
dealt with in the Smrtis is Varnaashramadharma. The duties to be carried
out by the people belonging to different Varnaas are the Varna Dharma.
Similarly, the duties to be carried out by the people considering their
present phase of life are the Ashrama Dharma. The four Ashramas are
Brahmacharyaashrama (Student), Grhastaasharama (householder),
Vaanaprastaashrama (where one retires to forest), and Sannyaasaashrama
(Sannyasi).
Runa Trayam
The three debts or ऋणत्रयम् are िपतृ-ऋण, देव-ऋण and गुरु-ऋण | The Smrtis
elaborate on these types of debts, how they are to be repaid, what is the
parihaara or remedy in the event of not fulfilling the debts. In काश्यपस्मृित,
condensing the information that is present in the other Smrtis, Kashyapa
says – देविपतृमनुष्यभूतब्रह्मयज्ञानुपसेवमानः | According to him, Smrtis mainly deals
with these topics – the types of the Yagnas (to the god, parents, human
beings, other beings and towards knowledge) and the way to do upaseva of
these Yagna.
The Smrtis also deal with some dual concepts or Dvandvas which are
extremely important like the two eyes. Some of them are
अवश्यं अनुभोक्तव्यं कृतं कमर् शुभाशुभम् | Whether it is the good fortune or the bad
fortune, it has to be experienced. The karmas are classified as
Sanchita Karmas (accumulated works), Prarabdha Karmas (ripe or
fructuous actions), and Kriyamaana or Aagami Karmas (current works).
Types of Dharma
General laws that govern humanity are covered in these Smrti literatures.
It is based on the Vedas, and these were written by recollecting the Vedic
literature. The duties and responsibilities to be carried out at different
phases of life and in different circumstances are covered in the Smrtis. It
elaborates the activities to be performed as per the phases of life or the four
Ashramas. If we want to have an integrated society and work in a united
manner, a set of common principles that are respected by all people is
required. These literatures were not written for a specific community.
These were called as Maanava Dharma and are applicable to the entire
humanity.
If Vedas are the solid gold, the Smrti texts are the golden jewels minted at
different times to suit the trend of the present times. This flexibility in
undergoing change according to the changing times is the beauty of the
Vedic literature. This is the reason that Vedas and the Sanaatana dharma
have stood the test of time. It would have been a dead literature if it had
been rigid. There is scope of change in the Smrtis according to the current
needs of the people. Thus the greatness of Smrtis is that they are important
for the protection of the human race. The adherence to Smrti is a
wonderful concept that has to be preserved and practiced in the society for
the sake of humanity. As suggested by Vivekananda we need a new Smrti
for the present century. “As time rolls on, more and more of the Smrtis will
go, sages will come, and they will change and direct society into better
channels, into duties and into paths which accord with the necessity of the
age, and without which it is impossible that society can live.” Swami
Sivananda also conveys the same point when he says, “Our present society
has considerably changed. A new Smriti to suit the requirements of this
age is very necessary. Another sage will place before the Hindus of our days
a new suitable code of laws. Time is ripe for a new Smriti. Cordial greetings
to this age”.
Then, Yajnavalkya approaches his guru and apologizes. The Guru also
forgives him. Before starting to learn from the beginning, he does tapas
and prays to the Lord Savitra Surya Naaraayana. He prays that he should
get the knowledge which no one had got until now. Thus he gains the
ultimate superior knowledge from Surya Naaraayana. The story continues
further in the puranas. Yajnavalkya, after gaining the knowledge from
Surya, prays to Brahma for extended life. Thus he gets 5000 years of life
due to Brahma’s blessings. Again and again he performs penance and gets
extensions of 5000 years. When he does his penance for the fourth time,
Brahma questions him the need for this extension pointing out the
impermanence of life. It is said – जातस्य मरणं ध्रुवं, ध्रुवं जन्म मृतस्य च | Yajnavalkya
mentions that he wants to gain more and more knowledge. When Brahma
asks Yajnavalkya as to what he had gained so far by studying day and night
in the earlier years, Yajnavalkya shows three mountains and says that he
had gained a handful of sand from the three mountains. By saying this,
Yajnavalkya indicated the limitlessness of the knowledge where the three
mountains are the three Vedas – Rig, Yajur and Saama.
Yajnavalkya learnt from his father Brahmaratha rishi and became a great
rishi. He adhered to Dharma. He was considered as a परमज्ञानी | Since Sun
god came in the form of a White horse and taught him the knowledge, it is
called Sukhla Yajur Veda. The works authored by Yajnavalkya are
Vaajasaneyi Samhita, Yajnavalkya Smriti, Yajnavalkya Gita, Yajnavalkya
Upanishad, Yajnavalkya Shikshaa, Yajnavalkya bhashyaa, and गायत्री-गूढाथर्-
चिन्द्रका, explaining the secret meaning of Gaayatri mantra, about the
devataa associated with each letter of the mantra, about the form of
Vishnu, that is present as the antaryaami in the letters of the mantra,
which are to be meditated upon. Madhyandina Shakha, which is also
called as Vajasaneyi Madhyandiniya shakha is a branch of Shukla
Yajurveda. The name Vajasaneyi is derived from Vajasaneya, patronymic
(i.e., belonging to the clan) of sage Yajnavalkya, who was an authority and
according to tradition, founder of the Vajasaneyi branch.
Once there was a debate and discussion on the aspects related to Dharma
conducted at the city of Mithilaa. The proceedings were recorded in the
Yajnavalkya Smriti.
धमर्साधनम्
The other aspect dealt by him is Ahimsa. परोपकाराय पुण्याय पापाय परपीड़नम् ।
Helping others is a good deed and harming others is a sinful act. He
stresses on the need for non-violence towards all the beings however
insignificant they are. He says अिहंसा सत्यं अस्तेयं शौचं इिन्द्रयिनग्रहः । दानं दमो दया
क्षािन्तः सवेर्षां धमर्साधनम् || १.१२२ || (आचाराध्यायः/गृहस्थधमर्प्रकरणम्) Non violence,
truth, refraining from any stealing, cleanliness (morally as well as
physically), control over senses, charity, self restraint, compassion,
patience (and forgiveness) are the ways one can adopt, to follow Dharma.
दानम्
दानं ध्रुवं फलित पात्रगुणानुकूल्यात् | Alms given give fruit according to the qualities
of the person accepting them. Daana is another important Aachaara or
practices. Even if a person is not able to perform the austerities, if he gives
daana and supports the austerities performed by another person, he would
also reap a part of the fruits of those austerities. Hence Daana is very
important for every one even if they are not able to follow the other
practices.
The commonly mentioned three types of Daanaa are गो दान, िहरण्य-दान (or
भूदान) and अन्नदान | There are different definitions of Annam. अित्त इित अन्नम् |
That which is eaten. The mind is relaxed when one eats. So the knowledge
which helps in calming the mind is also considered as Annam. So
Annadaana also means ज्ञान-दान.
िपतृ-यज्ञः
The details about the pitrus are described in this chapter. The pinda is kept
in the floor to satisfy the hunger of the pitrus, saying ते सवेर् तृिप्तमायान्तु मया दत्तेन
भूतले | He insists on the importance of performing these rites. कुय्यार्त् +
आचायर्पूजाथर्म् + िवत्तशाठ्यम् + िववजर्येत् agnipuraana | न िवस्तरेत् श्राद्धकायर्म् – don’t
make shraarddha to be a big event – Only the people who are eligible to
receive the pitru-shesha should be invited for the shraarddha
ceremony done for the dead relatives. िवत्तशाठ्यम् न कारयेत् | The ceremony
has to be done with devotion and sincerity. This is so because the curse of
the departed elders can cause Vamsha naasha – the destruction of the clan.
आयुः प्रजां धनं िवद्यां स्वगर्ं मोक्षं सुखािन च । प्रयच्छिन्त तथा राज्यंप्रीता नॄणां िपतामहाः || १.२७० ||
(आचाराध्यायः – श्राद्धप्रकरणम्) The pleased (preetaah) fathers and grandfathers
will give long life, wealth, knowledge, svarga, moksha, happiness, and
kingdom.
पञ्चायतन-पूजा
राजधमर्
In this Smriti, he also elaborates on the duties of the King and the
Sanyaasins. In the first chapter on Aachaarana, he also describes the duties
of the different varnas like Brahmana, Vaishya, Kshatriya and Shudhra.
He also describes the role of woman. यत्र नायर्स्तु पूज्यन्ते रमन्ते तत्र देवता | The
blessings of devatas are present in the house which upholds the women. He
gives importance to the opinion of women. Ultimately, everything happens
by the Divine Will – सवर्ं भगवदधीनम् |
Vyaavahaara
Stree Dana
One aspect that is not generally covered in the other Smritis, which is
specifically covered in this Smriti, is regarding the wealth of the women.
This Smriti has been the basis for the Indian laws in this matter. This
comes under the asaadhaarana prakarana. न स्त्री स्वातन्त्रमहर्ित – At no stage in
life should a woman be independent (i.e., being left alone as a destitute) .
During marriage, the couple promises each other – धमेर्च अथेर्च कामेच इमां
नाितचरािम । धमेर्च अथेर्च कामेच इमं नाितचरािम ॥ In my duty, in my financial
commitments, in my needs, I will not violate this lady or this man.
A man should never use his wife’s wealth. From his own earnings, he
should keep a part as Aapad Dana – i.e., for emergency expenses, one part
for charity, one part has to be kept aside as Stree Dana as a security for his
wife and daughters, and only the remaining part could be spent for the
other expenses. This Stree Dana is to be kept by the lady for her use when
she faces a crisis and it is not meant for use by her husband when he
requires it for any family expenses. She should give only if it a life-
threatening situation for the husband. Once the money is given to the wife
or the daughter, the man loses the right over that Stree Dana, while he
could take back the money given to his son.
Even after the wife dies, the husband cannot claim right over the money. If
their child or children are minor, then 50% of the amount goes to them
and the remaining goes to the king’s treasury. If there is no minor child,
then 50% of the amount goes towards charity (the fruits of which are
expected to protect the children) and the remaining goes to the king’s
treasury. These are to be understood in the context of the situation at those
days.
Praayashchitta Adhyaaya
Praayashchitta Aapaddharma
Yoga
As mentioned in the Yoga Sutras of Patanjali: “योगः िचत्त वृित्त िनरोधः” meaning
“Yoga is the silencing of the modifications of the mind”, Yajnavalkya
stresses the importance of controlling the modifications of the mind. Only
a person who has control over his mind will be able to practice Dharma. He
mentions that Yoga will help in controlling the mind, which in turn will
help in the adherence to Dharma. He suggests doing meditation every day.
प्रातः प्रभृित सायान्तं सायािद प्रातरन्ततः यत् करोिम जगन्नाथ तदस्तु तव पूजनम् | From dawn to
dusk and from dusk to dawn, whatever I do, o Lord of the world, may it be
an offering to you. One should pray in the morning and night.
Rahasya prakarana
MA Syllabus Portion
Summary of the Prakaranas
Prakarana summary from Vaishali K. Shah for those Prakarans that are
there in KSOU MA syllabus.
Saadhaarana-vyavahaara-maatrka-prakaranam :
General rules of procedure
Overview
श्रुताध्ययनसंपन्ना धमर्ज्ञाः सत्यवािदनः । राज्ञा सभासदः कायार् िरपौ िमत्रे च ये समाः ॥ २.२ ॥ The
members of the sabha should be well-educated on the Vedas and be
interested to learn more, be born in noble families known for the good
qualities, be truthful and impartial towards enemies and friends. [Side
note: ज्ञािननोऽिप मौिननः – The gnaanis keep quite to avoid saying any untruth
even by slip of tongue]. Even the close relatives or the friends should be
considered impartial by the jury. यज्ञसदृशी सभा | The Sabha is considered
equivalent to the Yagna-shaala. Like the poornaahuti offered in the Yagna,
the important part is the verdict by the King.
सभ्यैः सह िनयोक्तव्यो ब्राह्मणः सवर्धमर्िवत् || २.३ || The members of the sabha should
know all the dharmas that apply to the four varnas and four ashrams. The
members should not have their own preferences and aversions. Those who
have their own family conflicts do not qualify to be members of the sabha
as their opinion could be influenced by their experiences. They should not
get excited instantly and they should know to control their emotions. One
whose profession is not accepted by the shaastras (like selling food) should
not be a member. [Side note: Selling of food and vidhya are prohibited].
The Sanyasins are exempt from being called to be present in the court.
The importance has to be given to the disputant (वािद) who gives the
compliant. When a person takes an oath then his words are to be given
importance. Those who challenge by bidding money that if they are found
to be at fault, they agree to pay a certain amount, are to be given
importance. Due to the confidence that he is right, the person comes
forward to pay this amount.
Types of disputes
The king, free from anger and greed, should administer justice, along with
learned braahmanas, in conformity with dharmashaastra, the principles of
legal sciences.
श्रुताध्ययनसंपन्ना धमर्ज्ञाः सत्यवािदनः ।
<*>राज्ञा सभासदः कायार् िरपौ िमत्रे च ये समाः ॥ यास्मृ२.२ ॥
ये िरपौ िमत्रे च समाः, श्रुत+अध्ययन-संपन्नाः, धमर्ज्ञाः, सत्यवािदनः, (ते) सभासदः राज्ञा कायार् |
पूवार्वेदक-संिनधौ, श्रुताथर्स्य उत्तरं, लेख्यं (भवित) । ततः सद्यः अथीर् प्रितज्ञात+अथर्-साधनं लेखयेत् |
The answer (refutation) (उत्तरम्) of the defendant, who has heard the
complaint (श्रुताथर्स्य), should be taken down in writing, in the presence
(संिनधौ) of the plaintiff or complainant (पूवार्वेदक). Next (ततः ), the plaintiff
(अथीर् ) should immediately (सद्यः ) have written down (लेखयेत)् the evidence
(अथर्-साधन) by means of which the matter-in-dispute (प्रितज्ञा) is to be
established.
तित्सद्धौ िसिद्धम् आप्नोित | अतः अन्यथा िवपरीतम् (आप्नोित)। अयं व्यवहारः िववादेषु चतुष्पाद ्
उपदिशर् तः |
Asaadhaarana-maatrkaa-prakaranam: Special
rules of procedure
Overview
The king should find out the reactions संभाव्य-लक्षण of both parties through
the members of the court, or through his spies or on his own. Certain body
languages like drying up of the lips, avoiding eye contact, walking
restlessly, being nervous, facial expressions, etc., could indicate that the
person might be lying. The king should be smart enough to find out if
these reactions are natural to that person due to the age, nature and other
factors; or whether it is because of saying a lie.
गितप्रितभन्दक are the illegal activities like bribing or frightening other people
like the witness or the jury, done by either parties to get the verdict in their
favor. These are hindrances (प्रितभन्दक) to the progress (गित) of the case.
Such things might not become explicit. The king has to get such
information through his spies. The king should gather full details (पूवर्-
इितहास) about the nature of the person before giving the verdict. एकत्र
िनणीर्तशास्त्रात् – the verdict should be based on the similar verdicts provided
earlier. The king should also consider the accused person’s earlier cases
that he has been convicted for.
अथर्शास्त्रात् तु बलवद ् धमर्शास्त्रम् इित िस्थितः ॥ यास्मृ२.२१ ॥ The dharma shashtra are
considered more important over the Arthashastra, Raaja Neeti, dhanda
neeti, etc. So the king should adhere to those while giving the verdict. For
example, there is an injunction – ब्रह्मणो न हन्तव्यः – A Brahmin should not be
killed. If a crime is committed by a Brahmin, he cannot be killed. Other
alternatives are to be taken, like causing an insult or banishing the person
from the kingdom, that are equivalent to killing.
There are varied means, अथर्साधन, to prove the truth. One is the िलिखत,
written document. The second is the Shakshi or witness. The third is
Bhukti or possession. In the absence of these three, it has to be understood
through Divya, some divine interference, which is beyond the physical
proof.
(Side note: A story in which there was a special lucky ring that an old man
has to give to one of his three sons. He made two similar ones and gave the
rings to all the three sons individually telling them that they should keep it
as it would bring them good luck. All the three sons benefit from their
rings. After many years, they realize that all three were having the rings
and they go to the court. As the jury could not decide which one is real,
they tell the sons that their father had asked them to have the ring with all
faith and that it would bring them good luck. So they should give up the
doubt and continue with the faith that they have the special ring).
When one complaint has been filed against a person, another one
against him/her cannot be filed till the present case is disposed off.
The plaintiff cannot alter his version. No change in subject matter or
the nature of the suit will be entertained.
If there is any change in version in cases of assault or violence, the
case gets dismissed. But in cases of disputes relating to cattle, women,
land, immovable, recovery of debt, the case is not dismissed but the
plaintiff is liable for punishment for changing the version.
Both plaintiff and defendant have to produce a surety [pratibhu]. A
person who assumes responsibility for the plaintiff or the defendant is
called pratibhu.
If the defendant loses then he pays what is due to the plaintiff and an
equal amount of money to the king.
If the plaintiff loses then he will pay that amount to the king.
Nomads, those who lick their lips (i.e., to show eagerness or pleasure
about a future event), whose foreheads perspire, whose form becomes
changed in colour, who stammers, who talks inconsistently, who has
born mental deformity, etc. cannot be a complainant or a witness.
In case of gifts purvavadi has the right. The one who got it first has the
right over it. Suppose the gifted property has been purchased by
another person or the king and then gifted to someone else then the
first claimant has no right over it.
If a wager (bet amount) is involved in a dispute then the losing party
shall pay the disputed amount; wager; and also a fine to the king.
Of a set of complaints if a false denial is proved against a defendant in
at least one of the cases, then the defendant is made to admit all the
other complaints too.
Rules of dharmashastra prevail over arthashastra.
Pramana or evidence has to be written down by the plaintiff. Evidence
may be manava [human] and divya [divine].
Human evidence is of 3 kinds, likhitam [written as in sale deed],
bhukti [possession] and sakshi [witness]. Human evidence is greater
than divine.
Written evidence: if both have it then, in civil disputes regarding
property, evidence in support of later transaction prevails [i.e., the
ownership deed with later date]. In cases of pledge, gift or a sale, the
evidence in support of the earlier claim prevails.
If a person has not objected to another person enjoying his land for 20
years, then the former loses his right over the property. In cases of
animals like horse and elephant, the period is 10 years.
This is not applicable in case of pledges.
Title [agama] and possession [bhukti] are 2 things. Title is superior to
possession except when possession has descended down a line of
ancestors. If it is 4th generation or more then possession is superior
even without title.
Title without a possession for even a short period is invalid. This is to
cover the cases of a gift that was never accepted.
Invalid transactions include those done by force, brought forth by
women at night, with intoxicated persons, mad man, oppressed by
disease, misery, frightened and transaction against a servant without
the permission of his master are all invalid.
Lost and recovered property goes to king unless the claimant gives
proper identification of it.
Wealth recovered from robbers shall be distributed to the people of
the country.
उभयतः सािक्षषु सत्सु, पूवर्वािदनः सािक्षणः । पूवर्पक्षे अधरीभूते (सित), उत्तरवािदनः (सािक्षणः)
भविन्त |
When there are witnesses for both sides, those for the person who claims
priority (i.e., the one who has enjoyed at a prior date and not the person
who has filed the complaint first) should be taken first; and if the first
claim gets invalidated, then the witnesses of the next claimant should be
examined.
स्मृत्योः िवरोधे न्यायः तु व्यवहारतः बलवान् । अथर्शास्त्रात् तु बलवद ् धमर्शास्त्रम् इित िस्थितः |
सवेर्ष्वथर्िववादेषु बलवत्युत्तरािक्रया ।
आधौ प्रितग्रहे क्रीते पूवार् तु बलवत्तरा ॥ यास्मृ२.२३ ॥
सवेर्षु अथर्-िववादेषु उत्तरा-िक्रया बलवती (भवित) । आधौ प्रितग्रहे क्रीते च पूवार् तु बलवत्तरा |
नृपेण अिधकृताः पूगाः श्रेणयः अथ कुलािन च | नृणाम् व्यवहार-िवधौ पूवर्ं पूवर्ं गुरु (इित) ज्ञेयम् |
The interest will vary from least to highest increasing in this order –
Brahmana, Kshatriya, Vaishya, Sudhra – वणर्क्रम | Brahmana should give
2%. Kshatriya and Vaishya should give 3% and 4% respectively. Rest will
give 5%. If a person resides in forest and those who have risky profession
like wrestlers and those who do not have a permanent residence, then the
interest will be 10% due to the insecurity. If the person moves around in
the sea, then the interest increases further to 20%. सवेर् सवार्सु जाितषु ॥ २.३८ ॥
The transactions are to be held as per the agreements irrespective of the
class whether the loan to the person is secure or not. Depending on the
pledged item, the interest will be 8 times for decayable material like the
fluids (oil) and 4, 3 and 2 times for cloth, grains and gold respectively.
If the person is not able to repay, the sons and the relatives will have to
repay. If any woman had taken the loan, then the husband will have to
repay. The son need not repay if the father’s loan was taken for the
purposes of his enjoyment – alcohol consumption, lust or gambling.
Total 7 points. First 5 relating to the debtor [one who has taken the
money]. Last 2 related to creditor [lender].
Debtor: kind of debt to be paid, kind of debt not to be paid, by
whom to be paid, at what particular time and in what way it is to
be paid. [what, what not, whom, when and how]
Creditor: mode of advancing a loan and mode of recovery.
Interest against pledge 1/80th part of principal for a month.
If moving through forests then 10%; If travelling overseas then 20%
interest because of high risk.
All debtors to pay agreed interest irrespective of the class.
Four kinds of interests are mentioned in Naarada Smruti. Kaalika
[monthly], Kaarita [fixed according to an agreement], Kaayika
[manual labour-slavery] and Chakravrddhi [compound interest]
In case of pledge of female animals, the progeny [santati] is the
interest. The creditor enjoys the milk and labor of the female animal
in that period.
Maximum interest is 8 times in case of fluids, 4 times for cloth, 3
times for grains and 2 times for gold.
5 methods for loan recovery are there according to Manu namely 1.
Moral persuasion [dharma] 2. Suit of law [vyvahara] 3. Deceit [chala]
4. Starvation [Acharitam- sitting in front of debtor’s house in protest]
5. Force [bala]
If the loan was taken for maintaining the family then the head of the
family should repay. In case of his absence [death, etc.,] then other
members should repay.
If the loan was taken for any other purpose then the wife is not liable
to repay.
If the loan was taken by the woman or was agreed by her when her
husband received it, then she is liable to pay.
In case of loan, the guarantee given to the creditor is of 2 kinds.
Pratibhu [surety] and Adhi [pledge].
Praatibhaavyam: law of surety-ship
Surety [pratibhu] is a contract with another person to bring about
confidence.
3 types, for appearance [darshana], for assurance [pratyaya] and for
payment [daana].
If the surety person dies then his son is liable to pay in case of daana.
When there are 2 or more sureties, the amount will be equally divided
and paid.
If the case wins, in return, the person who gave surety also receives
money or some article from the debtor.
Aadhi : Law of pledges
Pledge is hypothecation to the creditor by the debtor.
There are 2 kinds namely the pledge with time limit [krtakala] and
without time limit [akrtakala].
Each has 2 more kinds – gopya [only custody] and bhogya [use and
enjoyment].
Expiry means the entire cessation of the debtor’s right of ownership,
and the ownership of the creditor becoming absolute.
Krtakala pledges will expire at the end of the stipulated period and the
pledged item will become the Creditor’s own. For example, if the
pledge is for one year, if the debtor does not redeem it by making the
necessary payment, the creditor will take the ownership after one
year. This holds good for both Gopya and Bhogya.
Bhogya has no expiry date in the case of akrtakala, (since it has been
already stated that krtakala has a fixed period beyond which it
expires). The creditor can use the pledge as long as the amount is not
paid back. But he cannot claim ownership of the pledge and he would
have to return the pledge whenever the amount is paid.
In case of akrtakala-Gopya, the pledge is kept only for custody and the
creditor is expected to get separate interest from the debtor. Gopya
will expire in the case of akrtakala when the lent amount has doubled.
This means that if the unpaid interest also matches the principal, the
debtor loses the ownership over the pledged item.
If the creditor does not return the property then he is considered as
thief.
Pledge is mainly for the interest component. So the debtor can pay the
principal and take back the pledge.
If the pledge has gone beyond time limit and the profit has exceeded
the interest, then the creditor has to pay the excess amount to the
debtor.
If the interest component is not totally covered, then the debtor has to
pay the remaining amount along with the principal to get back the
pledge.
कान्तारगाः तु दशकं, सामुद्रा िवंशकं शतम् । सवेर् सवार्सु जाितषु स्वकृतां वा वृिद्धं दद्युः |
Persons (usually) travelling through forests should pay ten percent and
those who travel by sea twenty percent. The interest is more as there is a
danger of the loss of the principal also. Or all should pay what they agree –
irrespective of their class – i.e., irrespective of whether the loan will be
secure or unsecured. The transactions are to be held as per the agreement.
In the case of female animals, the interest is their progeny. In the case of
fluid the utmost limit for interest is eight-fold. The interest of the principal
loan advanced should be four-fold, three-fold, and two-fold in the case of
cloth, grain and gold respectively.
सुराकामद्यूतकृतं दण्डशुल्काविशष्टकम् ।
वृथादानं तथैवेह पुत्रो दद्यान् न पैतृकम् ॥ यास्मृ२.४७ ॥
The son should not pay the paternal debt which was contracted for the
purposes of spirituous liquor, lust or gambling, or which is due as the
balance of an unpaid (i.e., remaining portion of) fine or toll, as also a gift
without any consideration.
यत् पत्या सह कृतं वा, यद ् स्वयंकृतं वा, प्रितपन्नं ऋणं िस्त्रया देयम् | स्त्री अन्यत् दातुं न अहर्ित |
न दाप्योऽपहृतं तं तु राजदैिवकतस्करैः ।
भ्रेषश्चेन्मािगर् तेऽदत्ते दाप्यो दण्डं च तत्समम् ॥ यास्मृ२.६६ ॥
राज-दैिवक-तस्करैः अपहृतं तं तु न दाप्यः । मािगर् ते अदत्ते (सित) भ्रेषः चेत् तत् दाप्यः समम् दण्डं च |
That, however, which has been carried away by (an act of) the King, natural
calamities, or thieves shall not be caused to be restored. When, however,
the loss (भ्रेषः) occurs after demand (मािगर् ते) and non-payment (अदत्ते), the
depositary should be fined and compelled to pay an amount equal (to the
deposit).
Saakshiprakaranam – Witness
Overview
The next prakarana is about Saakshi or witness. यथाजाित यथावणर्ं सवेर् सवेर्षु वा
स्मृताः ॥ यास्मृ२.६९ ॥ The person in the same Jathi or samskraara is to be taken
as Saakshi. i.e., for Brahmana, another Brahmana is to be called and not a
Kshatriya. The person from a lower jathi might give wrong witness out of
respect for the person in the higher jathi. Children below 8, women and old
men above 80 do not have the right to be a witness. (Side note: In those
days, the eight years old boy would go to gurukula and have the required
maturity). Those who are involved in risky professions are not allowed to
be a witness. The vaadi and the prativaadi could bring witnesses. The King
could choose whom to question. उभयानुमतः साक्षी भवत्य् एकोऽिप धमर्िवत् – २.७२
Just one person who is a common witness for both parties is sufficient if
that person adheres to Dharma. Else, there has to be three or five and in
the extreme cases up to 7 witnesses could be there. तपिस्वनो दानशीलाः कुलीनाः
सत्यवािदनः । धमर्प्रधाना ऋजवः पुत्रवन्तो धनािन्वताः ॥ यास्मृ२.६८ ॥ Those who are
committed, those who are broad-minded, those who are born in a good
family, truthful, having dharmic ideals – such people having rujatva
quality – i.e., union of speech, mind and action. The people coming should
have children and sufficient wealth – such people will hesitate to commit
sins and will not fall for money. Mentally retarded or handicapped like
visually impaired person, etc. cannot be taken as a witness. Friends and
people in the same profession should not come as a witness. Based on the
context, if situation demands, these rules could be relaxed and there can be
exceptions. The dharmic witness धमर्-शाक्षी is considered to be the best form
of witness. [Side note: Once there was a saint called Indiresha Vitala Dasar.
He had lost his eyes. Once a thief leaves some stolen items in his hands and
he escapes. The Dasar gets caught as the theft. When asked to produce a
witnesses, the Dasar says that only Lord Thimmappa should come as
witness. In the King’s dream, Lord Srinivasa tells the king that his devotee
is innocent].
यथा-जाित, यथा-वणर्ं (वा), सवेर् सवेर्षु स्मृताः वा श्रौत-स्मातर्-िक्रयापराः ित्र+अवराः सािक्षणः ज्ञेयाः |
सािक्षणः श्रावयेद्वािदप्रितवािदसमीपगान् ।
ये पातककृतां लोका महापातिकनां तथा ॥ यास्मृ२.७३ ॥
In the presence of the plaintiff and the defendant, the witnesses should be
affirmed (in the following form). “Those regions which are meant for the
perpetrators of sins and of baser sins, ….. to all these shall he go who gives
false evidence.”
Lekhyaprakaranam – Documents
Overview
The last prakarana is about written documents called लेख्य prakarana. All
the transactions of the king whether general or special, should have proper
written documentation. The record has to be written in the presence of a
witness. The important aspects to be captured mandatorily in the
document are the year, the month, the thithi, the nakshatra, the day of the
week, (i.e., panchaanga which indicates the first aspects namely vaara,
tithi, nakshatra, yoga, and karana, along with samvatsara and sthaana) the
place, and the day of the transaction and the personal details about the
borrower and the lender like the gotra, nakshatra, age, etc.
The document should not be spoiled by oil or turmeric. िभन्ने दग्धेऽथवा िछन्ने
लेख्यं अन्यत्तु कारयेत् ॥२.९१॥ If it is torn or damaged or burnt, a new one has to be
prepared in the presence of some respectable witness. Both the parties
should understand and sign it and both parties should have the witness.
Yajnavalkya concludes his work saying that the king should resolve all the
cases without deviating from the dharmic principles. The verdict should be
based on the code of conduct or the injunctions of dharma.
[Side note: During Srinivasa Kalyana, when Kubera comes to collect his
loan, he mentions that the first witness was the Ashwatta Vruksha and the
second witness was the Sun].
सािक्षिभः िवना अिप, बल+उपिधकृताद ् ऋते, यत् लेख्यं तु स्व-हस्त-िलिखतं, तत् लेख्यं प्रमाणं स्मृतम्
|
ित्रिभः पुरुषैः एव लेख्यकृतं ऋणं तु देयम् । यावत् तत् न प्रदीयते तावद ् आिधः तु भुज्यते |
देशान्तरस्थे, दुलेर्ख्ये, नष्टे, उन्मृष्ट,े हृते तथा, िभन्ने, दग्धे, अथवा िछन्ने, अन्यत् लेख्यम् तु कारयेत् |
Appendix
Reference material
1. याज्ञवल्क्यस्मृितः https://sa.wikibooks.org/s/la
https://sa.wikibooks.org/s/lb https://sa.wikibooks.org/s/l9
https://archive.org/stream/yajnavalkyasmrit00yj
2. KSOU material seems to be based on this book — Mitākṣarā-of-
Vijnāneśvara-on-Yājnavalkya-Dharmaśāstra-Vyavahāra-pt-1-
Gharpure-translation
https://www.scribd.com/doc/199798475/Mit%C4%81k%E1%B9%A3
ar%C4%81-of-Vijn%C4%81ne%C5%9Bvara-on-Y%C4%81jnavalkya-
Dharma%C5%9B%C4%81stra-Vyavah%C4%81ra-pt-1-Gharpure-
translation
3. http://www.indianscriptures.com/scriptures/introduction-of-
scriptures/smrutis/yadnyavalkya-smruti
The Smrutis were written by great rishis who were very knowledgeable and
they also practiced the dharma. They gained this status of Rishi through
their righteous conduct while carrying out the worldly actions. Most of the
Smrutis are named after its Author like Yajnavalkya Smruti or Vaadula
Smruti. They have realized the ultimate truth and they wrote these works
to share their knowledge with others.
1. Vaadula Smruti
2. Narayana Smriti
Different Smritis give different definitions for the five great sins or the
pancha mahaa paatakas. According to this Narayana Smriti they are
brahma-hatya (killing a Brahma), suraa-paana (consuming alcohol),
svarna-steya (stealing gold), guru-talpa-gamana (going to the guru’s bed
i.e., approaching Guru Patni with wrong intentions), and go-vadha (killing
a cow). Usually the sins for which there is no redemption from undergoing
the consequences are considered as Mahaa Paatakas. But in this Smriti,
there is prayaschita told even for these pancha maha patakas. Three
actions are suggested as the remedial action. First one is the recitation of
Adhamarshana Sutra. Adha indicates the sin. Marshana means – to
forgive. The second prayaschita is the recitation of Hari’s Pavamaana
Sutra. For the physical cleansing, the consumption of pacha-gavya is
recommended.
This Smriti highlights the influence of the Kali Yuga. It states the places
where the Kali Purusha resides. The primary place is the place of kalaha or
commotion or fight – किलस्तु कलहिप्रयः | It is essential to know the residing
place of Kali like gold; and try our best to avoid coming under its influence.
This Smriti also recommends the places that are ideal to avoid Kali’s
influence. People should avoid the Papa karma and stay in the Kali Nigraha
Sthaanaas.
3. Vyaagrapaada Smriti
There are around 400 shlokas in this Smriti. The specialty about this
Smriti is that the recitation of this Smriti itself serves as a parihara,
whereas the other Smritis give instructions on the ways to do parihara. सवर्-
पाप-हरं िदव्यं सवर्-शंशय-नाशनं चतुणार्ं अिप वणार्नां व्याग्रः शास्त्रम् अकल्पयत् | Vyaagraha
created this divine Shaastra for the people in all the four Varnaas for the
eradication of all their doubts and for the destruction of all their sins.
4. Gautama Smriti
5. Bharadwaaja Smriti
6. Dalabya Smriti
7. Haarita Smriti
He is the son of Rishi Jabali. He has authored three works – Lagu Haarita
Smriti, Haarita Smriti, and Vrudda Haarita Smriti with 117 shlokas, 200
shlokas, and 3500 shlokas respectively. He explains how Lord Vishnu is to
be worshipped and stress on the importance of Bhakti. Since Vishnu has
the quality of Bhakta-vatsalya, he is easily blessed by the devotion of the
devotees. He cites some examples for how Vishnu has blessed his disciples.
He states the greatness of the Ekaakshara mantras – for example, “Gam”
for Ganesha. While explaining this, he gives special importance to the
mantra for Narasimha. नरिसंहः क्षस्य देवता | Narasimhan is the god of “Ksha”.
8. Aushanas Smriti
This is also called Kashyapa Dharma Shashtra as he has put all the
Dharmas in an authoritative manner in this Smriti. Some of the initial
verses are in the Gadya / prose format, while the rest are in Padya / poetry
format. In the initial Gadya portion along with only 20 shlokas in Padya
portion which are in Anushtub Chandas are available now. He elaborates
on the duties of the Grihasta. How the husband should protect his wife,
what are the responsibilities of the wife, etc. यत्र नायर्स्तु पूज्यन्ते रमन्ते तत्र देवता:।
There will be all prosperity and the divine presence where the women are
kept happy. He gives importance to the guidance of the woman and
mentions that the advice of the elderly woman is to be taken while taking
decisions related to the household dilemmas.
Aruna is the son of Kashyapa. There are 148 shlokas in this smriti. The
daily routine of a Brahmin, his actions, his thoughts, the unique duties of
the Brahmin are all explained in this. He mentions the greatness of a
Brahmin. He explains about giving and receiving dhaana. On receiving
dhaana, (so that the giver can obtain the punya of giving), it is mentioned
about the person from who dhaana can be received, what items can be
accepted, etc. Other topics related to the duties of the Brahmin are also
covered like यज्ञ – यज्ञापन Conducting and making others conduct yagna,
अध्ययन – अध्यापन studying and teaching others, hospitality towards invited
and uninvited guests, etc.
Though there is mention that this is a very long Smriti, currently only 30
shlokas are available. Raja Dharma, Varnashrama Dharma, Nitya-
Naimittika Karma, etc. are mentioned in this Smriti. Like how Krishna
states in the Gita, स्वधमेर् िनधनं श्रेयः, this Smriti recommends the adherence to
one’s own dharma. This Smriti concludes stating that one’s own Dharma is
the greatest Dharma for the person.
He is the drushtaa of the eight mandal of Rig Veda. There is branch called
Kanva Shakhaa comprising of the followers of this eight mandal of Rig
Veda. He gives a lot of importance for the Grihasta Dharma. He elaborates
on the duties of the householder. कुरु कृष्णापर्णं िनत्यम् | The good actions that
were performed should be offered to Krishna on a daily basis. There are
two ways of offering possible – one is dedicating the fruits of all the actions
and the other one is to offer only the fruits of the good actions. There is a
belief that Krishna multiplies the offering hundred times and returns it
back. So, in order to avoid the negative impact, Kanva does not
recommend offering the fruits of all actions which could have some faults.
The other non-saatvik nishidda actions are also to be offered with a prayer
to free us from the impact of these actions.
Here he mentions about the various aspects of Pitru Yagna like how to
offer Pindaa, its quantity, etc.
Refer the separate section after this overview of the different Smritis.
He talks about the eight types of marriages, on who can do it, under what
circumstances these are to be done, etc. These 8 types of marriages are
covered in 4 or 5 Smritis. The different types are Brahma Vivaaha, Daiva
Vivaaha, Aarsha Vivaaha, Praajapatya Vivaaha, Gandharva Vivaaha,
Aasura Vivaaha, Paishaacha Vivaaha and Raakshasa Vivaaha. The present
day marriage procedure is considered to be Aarsha Vivaaha or Maanushya
Vivaaha. The other forms of marriage do not apply to the present times.
For example, if the couple looks at each other, that is considered as
Gandharva marriage. If one person’s hand touches the other person, then
it is considered as a marriage. (Side Note: With the present day culture of
shaking hands, this rule will lead to ananta-patnitvaa or having unlimited
wives J ).
Bruhaspati, the guru of the devas gave this instructions to Lord Indra. Only
81 shlokas are available now. There is an elaborate description of the
duties and responsibilities of the Devataas, their 32 characteristics, the
relevance of these characteristics, etc. It is believed that only the portion
that is required for mankind is available with us. The portions that are
meant for the Devataas have been retained in the Deva loka where they are
adored and followed.
There are different avatars of Yama. This Smriti is written by the Yama
named Vivasvan, the son of one of the 20 Suryas. This Smriti says that
Dharma has to be adhered to for the welfare of the humanity, while the
other smritis recommend it for one’s own upliftment. There are three
works namely Lagu Yama Smriti, Yama Smriti and Bruhat Yama Smriti
having 99 shlokas, 78 shlokas and 182 shlokas respectively. The specialty
of this Smriti is the relaxation given for children. He says that the activities
performed between 8 and 80 only count for accumulating the paapa or
punya. Before 8 years, whatever the child does, he/she is freed of the result
of those actions and it actually impacts their parents only. After 80 years of
age, the duties are relaxed considering the health conditions.
There is a story told in our epics that once Narada decided to visit all the
lokas. When he entered the hell ruled by Yama, the people were
undergoing different kinds of punishments like being fried in oil,
continuous cutting of the limbs which get attached back again to the
Yaatana Shaarira, etc. But, they felt extreme happiness due to the power of
his chanting of Narayana naama.
नारायणेित मन्त्रोिस्त िजह्वािप वशवितर् नी |
तथापी नरके घोरे पतत्येतत् अहो िविधः ||
Narada says this with surprise – There is this powerful mantra called
Narayana. There is also this tongue which is well within our control. Yet,
people fall into this hell. Oh! Fate is powerful.
Yama tells Narada that it is true. But if he does his preaching here in the
hell, Yama would not be able to discharge his duties. So he recommends
Narada to go to the earth and preach there. Narada in turn tells Yama that
Yama would also have to take a birth in the world since he committed the
sin of stopping the in-dwellers of hell from hearing the Narayana Naama.
There is a ritual called Vrishotsarga that is done on the eleventh day as part
of the Sraddha using a Vrishaba or a bull. This Smriti explains about the
significance of that ritual. He mentions that the intake of the Pitru jala or
the water that is given after doing the yearly Pitru kaarya causes the
progeny to be born. It becomes the cause of Vamshaa Abhivridhi.
He is the mantra drushtaa for Rig Veda’s ninth Mandala and the
Pavamaana Sukta. There are 90 shlokas in this Smriti. He elaborates on
the greatness of Panchagavya and mentions the proportion in which the
items have to be mixed while preparing the Panchagavya, etc. Here he
mentions specific aspects like the cow’s urine should be that of a cow in the
color of Tamra or copper, the cow dung should be that of a white (shveta)
colored cow, the milk should be from yellow (suvarna) colored cow, the
curd should be from cow the mix of brown and black (neela) colored cow,
and the ghee should be obtained from the black colored cow.
He is the mantra drushtaa for Rig Veda’s third Mandala. He is the mantra
drushtaa for Gayatri Mantra also. There are three works – Vishvamitra
Smriti, Vishvamitra Samhita, and Vishvamitra Kalpa. The Smriti has 475
shlokas. He elaborates about the greatness of Gayatri. Usually Gayatri
Mantra is considered to be having 3 parts – tripadaa Gayatri matching the
Gayatri Chandas. But he shows Gayatri to be having 4 parts –
chatuspaada-Gayatri.
[Additional Info: This Turiya Gayatri is of 32 letters with 1st pada with 8
letters being included. It is the highly secret and is even hidden from the
Gods. This vidya is imparted only to Yatis].
He mentions about Kojaagara vrata. During Sharad ritu, i.e., during the
time of navaraatri, on one specific day, the devotees should stay awake
during the night time as on that day and worship Lashmi. It is believed
that Lakshmi Devi will be checking “को जागरित” – who is awake? and bless
those who are worshipping her that night. He also explains the five types of
Achamana.
In this Smriti, there is mention about nine nines नवनवक. They are nine
types of Snaana, nine types of Bhakti, daana, aachamana, archana,
shraadda, tapas, bhojana, and aarjana.
He prohibits eating the food that remains after someone has eaten. He also
mentions the parihaara for such a mistake committed.
This Smriti has 12 chapters. The greatness of the four yugas has been
mentioned – चतुयुर्ग माहात्म्यम् | The four yugas are kruta yuga, kretaayuga,
dwaapara yuga, and kali yuga. The dharma to be observed in each yuga is
explained. The cause for the reduction in the size of man from one yuga to
another has been explained. The height of men is supposed to be 16 feet, 9
feet, 7 feet, and 6 feet respectively in the four yugas. आकार सदृशः प्रज्ञः | प्रज्ञया
सदृशः आकारः | says Kalidasa. Based on the size of the body, they possessed
the physical strength, they did their austerities and gained greater amount
of gnaana. With the passage of yuga, as the Dharma and Shraddha keep
reducing, even the life span has been reducing. कलौ कलुषिचत्तानां – In
the kali yuga, the people have impure thinking.
Shanka and Likhita were brothers. They discussed about the aspects of
Dharma and documented the conclusion and the summary in this Smriti.
There are other Smritis that these two rishis wrote on their own. In Shanka
Smriti, Laghu Shanka Smriti, Likhita Smriti and Shankalikhita Smriti there
are 350 shlokas, 71 shlokas, 93 shlokas, and 32 shlokas respectively. This
Smriti deals specially with the Yati Dharma, the duties and responsibilities
of a Sanyaasi. काषाय-दण्ड-मात्रेण यितः पूज्यो भिवष्यित | The Sanyaasi is to be
respected once they take the ocher robes and the sacred stick. Others do
not have the rights to question the yati. Only Yama can comment on their
actions. The pooja to be performed by the Sanyaasis are mentioned in this
Smriti. If a sanyaasi happens to think about the beauty of any lady, the
prayaschchita is given as giving up one’s life by rolling on the hot sands.
This Smriti is also referred to as Atri Dharma Sutra. There 9 adhyaayas and
90 Shlokas. It is in the Champu format. Fourth and Seventh chapters are in
sutra form. Explaining the ways to do Praanaayaama and its benefits, this
smriti states that Praanaayaama is an important tool for man to conduct
his life in the right manner. सन्ततं िचन्तयेऽनन्तं अन्त्यकाले िवशेषतः | We should
always think about God and in particular during the last days. Since it is
important to have thoughts about God during the praana prayaana
samaya, it is essential to have the practice of always remembering God.
Vashishta is the Drushtaa for the seventh mandala of Rig Veda. This Smriti
has 7 adhyaayas and 1150 shlokas. It is also called Vaishnava Smriti as it
elaborates on the need to worship Vishnu and the procedure for the
worship. It gives importance to the company of good people – महत्-जन-
समागम | Good people are those who perform their duties in the right way.
He mentions about the greatness of the Sudharshana Chakra and also
about the greatness of getting the mudra of shanka and chakra on the
arms. It demonstrates our bhakti towards God and symbolically indicates
Vishnu. Three aspects of Ankana-bhajana-naamakarana namely adoring
the symbols, chanting the names and naming the children after Vishnu are
the ways to demonstrate our Bhakti towards him. He also mentions about
the shodashsamskaara and the greatness of Shaligraama. Which types of
Shaligraama can be kept in the house, what different shapes of
Shaligraama indicates, how it is to be worshipped, and other aspects
related to Shaaligraama.
There are 4 chapters and 250 shlokas in this Smriti. He specially explains
the Varanaashrama Dharma, the greatness of chastity, the characteristics
of kanya and stree, and the duties of the woman. The need for Daampatya
and the importance of Daampatya is explained in this Smriti. The
significance of Eka-patni Vrata or Sa-patni Vrata is also mentioned in this
Smriti.
The most important of all the Smritis is Manu Smriti and the next one is
Yagnavalkya Smriti. वेदाथोर्पिनबन्धृत्वात् प्राधान्यं िह मनोः स्मृतम् | The Smriti by
Manu has a prominence as in it, the meaning of the Vedas has been
provided in a condensed manner. Manu mentions that he has collated the
knowledge provided by Lord Brahma to his students. He states in the
Smriti itself that he has mentioned about the earlier times, the present
times, and how the things are going to happen in the future times. This
smriti has 12 Chapters and 2684 shlokas. Each chapter primarily deals
with a specific aspect. In the final chapter, he summaries everything and
mentions about Moksha Dharma. The ultimate goal of man should be
Moksha. All the actions of man is towards gaining the chaturvida-phala-
purushaartha namely dharma, artha, kama, and moksha.