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قراءة كتاب Hindu Law and Judicature from the Dharma-Sástra of Yájnavalkya
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Hindu Law and Judicature from the Dharma-Sástra of Yájnavalkya
with the Śúdrá. Later promulgators of law,[9] restrict the Bráhmaṇa to his own class.
But although cast, once developed, admitted not of change, juridical rules, subservient to cast, might and did progress: civil laws and procedure became more comprehensive and exact, the criminal code more regulated, lenient, and enlightened. And as universally, (for such is human,) breaches and occasional disregard of rules have, silently though surely, worked a change, or caused exceptional accessions to the rules themselves.
The rule of the Śástras, that kingly power should belong to the Kshattriya alone, was, even in the halcyon days of Hindu polity, repeatedly set aside. Chandragupta, a Śúdrá, and his dynasty, held sway over India from 315 to 173 B. C.: afterwards came Bráhmaṇical kings, the Kánwas, from 66 to 21 B. C.: whilst the mighty Gupta kings, from 150 to 280 A. C., were Vaisyás.
The code of Manu presents a disarranged mass of regulations, in so much that some have supposed the disorder to have been designed.
That conclusion, however, is repelled by the comparatively succinct arrangement of Yájnavalkya and other sages. It is more consistent to suppose, that Manu, as originally promulgated, was, from time to time, added to, with an accidental disregard of method.
Áchára, ritual, comprises the distinctive cast-ceremonies, domestic and social usages, rites of purification, of sacrifice.
Vyavahára, may be called the juridical rules, embracing as well substantive law as the procedure and practice of legal tribunals.
Práyaschitta, expiations, are the religious sanctions, or penalties of sin; the divine visitation upon offenders, and the mode in which the sinner may avert, by atonement, the consequences of divine vengeance.
The date of Yájnavalkya's Dharma Śástra is not definitely or satisfactorily fixed. From internal evidence, it is doubtless much subsequent to Manu.
The data for conjecturing the period of Yájnavalkya are;
1. Reference is made to Buddhist habits and doctrines, viz. the yellow garments, the baldhead, the Swabháva (B. I. sl. 271, 272, and 349).
Hence, this Dharma Śástra must have been promulgated later than B. C. 500.
2. Reference is made to a previous Yoga Śástra promulgated by Yájnavalkya (B. III, sl. 110). Now, the Yoga philosophy was first shaped into a system by Patanjali who, according to Lassen, probably flourished about 200 B. C.
3. Mention is made of coin as náṇáka (B. II, sl. 240). Now, the word nano occurs on the coins of the Indoscythian king, Kanerki, who, according to Lassen, reigned until 40 A. C.
The result, though indefinite, places the earliest date of Yájnavalkya's code towards the middle of the first century after Christ.
FOOTNOTES:
[6] See his paper Zur Geschichte der Indischen Gesetzbúcher (Contributions to the history of the Indian law-books) in Weber's Indische Studien, vol. I, pp. 232 to 246.
[7] Yájnavalkya, ch. I, sl. 3 to 5.
[8] We have followed Mr. Elphinstone (Hist. ch. 1) in the orthography of this word: it is from the Portuguese casta, breed, race.
[9] See Lassen's Indische Alterthumskunde, vol. II, p. 510.
SELECTED SLOKAS
OF THE FIRST BOOK.
RITUAL AND MORAL CONDUCT.[10]
1. The Munis[11] after adoration to Yájnavalkya, lord of Yogís,[12] thus addressed him:
Reveal to us the several duties of the casts, of the orders,[13] and of the others![14]
2. The prince of the Yogís, who then abode in Mithilá, meditating for a moment, said to the Munis: Hearken to the rules of duty in the country of the black antelope![15]
3. There are fourteen repositories[16] of the sciences and of law; the four Vedas together with the Puráṇas, the Nyáya, the Mimánsá, the Dharma Śástras, and the six Angas.[17]
4. Manu, Atri, Vishṇu, Háríta, Yájnavalkya, Uśanas, Angiras, Yama, Ápastamba, Sanvarta, Kátyáyana, Brihaspati,
5. Paráśara, Vyása, Śankha, Likhita, Daksha, Gautama, Śátátapa, and Vaśishṭha,[18] are they who have promulgated Dharma Śástras.
6. When a gift is made, in due season, place and manner, in good faith and to a fit person—all this gives the idea of Law.
7. The Śruti, the Smriti,[19] the practice of good men, what seems good to one's self,[20] and a desire maturely considered—these are declared

