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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
punishment to fall upon the guilty.[42]
∵ The foregoing extracts, it will have been observed, are of general application, and do not refer to any part of the law in detail. Several slokas in the first book, however, and some in the third, do refer to and affect the details of law, which are the proper subject of the second book, where therefore they are inserted, according to their subject.
FOOTNOTES:
[10] This is the general subject and title of the first book; but the following slokas are selected as introductory of and with reference to civil and municipal law.
[11] Pre-eminent, divine sages; probably the great Rishis, the first-created of Brahmá, mentioned in the opening verse of Manu.
In the third book (sl. 186—189) two classes of Munis are described, of whom one, after blessed experience of Heaven, return to Earth, and the other are to continue in the abodes of bliss until the destruction of the universe. These latter are the publishers of the Vedas, Upanishads, Sútras, Puráṇas, in fine of all records of knowledge through the medium of language.
[12] These (according to Hindu notions) have withdrawn their senses from external things by, as it were, mental concentration, fixing the thoughts, without change or wavering, upon the soul in its relations with the Supreme Being.
[13] viz.—the brahmachári, the student of the Vedas,
the grihastha, the head of a family.
the vánaprastha, who has retired from active life, to the forest.
the sanyásí, whose duty it is to pass his time in meditating upon Brahmá, so as to attain to the state of a Yogí.
[14] i. e. the mixed casts. (M.)
[15] Manu, ch. 2, sl. 23.
[16] The Commentator explains this by a word which signifies cause or source.
[17] IV. Vedas, of which there are four, each being divided into sanhitá and bráhmaṇa.
V. Puráṇas, these (of which there are 18) treat of the origin and destruction of the world, mythological stories and genealogies, and the doings of the early Hindu monarchs.
VI. Nyáya, one of the six orthodox systems of Hindu philosophy, treating especially of logic and dialectics.
VII. Mimánsá, there are two Mimánsás: the first (pūrva) treats of the rules of duty, as derived from the Vedas, the second or subsequent (uttara) treats of Brahmá, the universal cause and soul.
VIII. Dharma Śástras, viz. Manu, Yájnavalkya, &c., the subject being divided into, 1. Ritual and moral conduct (áchára); 2. Law and judicature (vyavahára); 3. Expiations (práyaschitta).
XIV. Angas, six treatises, viz., pronunciation, grammar, prosody, explanation of obscure terms, religious rites, astronomy. These are considered appendants of the Vedas. The word angas signifies, limbs.
[18] To these twenty many others have to be added, Nárada, &c.: see Introduction.
[19] Śruti are the Vedas; Smriti, the Dharma Śástras: such is the definition of Manu, ch. 2, sl. 10.
[20] The Commentator qualifies this indefinite source of law, as applicable only where two or more lawful alternatives are presented.
[21] Further explained by the Commentator, the evidence or proofs of law; and he adds, the several proofs mentioned, where they clash, are of weight and authority according to their precedence, e.g. Śruti the highest, the mature desire the lowest, Manu, ch. 2, sl. 6, 12.
[22] Which means, having knowledge of the three Vedas. See Manu, ch. 12, sl. 110 to 113.
[23] To explain or enlarge upon this metaphysical phrase would be out of place in the present work. The curious student can refer to the Upanishads and the Vedánta.
[24] Which, in the time of our author, meant, the place of cremation. In the third book, sl. 1, 2, Yájnavalkya says:—A child under two years of age is to be buried, nor shall water be offered; every other deceased, being followed by his relatives to the place for disposal of the dead, shall there be burned.
It was certainly otherwise at the