DOI Seite / Zitierlink:
https://doi.org/10.11588/diglit.49827#0079
64 NEW MATERIALS FOR HISTORICAL STUDY OF HINDU LAW. •
Lecture sureties by Katyayana, in regard to which even the
in- older and more copious version of Narada cannot vie in
completeness and systematic treatment with those two
authors, who cannot be placed earlier than the 6th or 7th
century, if Narada has been rightly referred to the 5th
Fragments or 6th century. The remaining Smritis which are quoted as
worksW1 authorities on Civil Law may be divided into four classes,
the first of which comprises the independent works of
Vyasa, Devala, Pitamaha, Yama, Atri, Prajapati, Kagyapa,
d indeP-ks" ^haradvaja, Rishyagringa, Samvarta, Angiras, Prachetas,
1 "° Sumantu and some other authors. All these writers are
very much inferior in importance to Brihaspati and Katya-
yaiia, and the fragments attributed to them are for the
most part so scanty, that it is impossible to fix their dates
with any thing amounting to precision.
Vyas Yyasa shows himself acquainted with most of those
technicalities, which had been introduced into Judicial Pro-
cedure by the Schools of Law, and he occasionally goes
even beyond Narada, Katyayana and Brihaspati in
detailed treatment of this subject. Thus, e. g., his rules
on documents, especially on forged documents, are very
minute. In the Law of Debt he enumerates seven sorts of
sureties, i. e. two more than Katyayana, and three more
than Brihaspati. In treating of Stridhana he mentions
and defines the species of Stridhana, called Saudayika, and
fixes the maximum amount of Stridhana to be given to a
woman at two thousand Pauas. Both rules occur in no'
other Srariti except Katyayana’s.
Devaia. Devala’s definition of the meaning and extent of the
term Stridhana is more wide than that of any other
author. On the other hand, he assigns to the widow the
last place in the order of heirs to one deceased without
male issue, which is contrary to the ruling even of such
comparatively early authors as Vishnu and Yajnavalkya.
Pitamaha. Pitamaha is quoted as an authority particularly on the
Law of Evidence, and no other author has left us such
detailed descriptions of all the nine sorts of ordeals as he.
Besides he refers to the eight parts of a Judicial Proceed-
ing much in the same way as Narada, and mentions 22 law
cases to be brought before the King, which appear to cor-
respond to the eighteen old titles of law. He also refers
to the Bhils and other low castes which are never men-
tioned in the oldest law-books.
Regarding the other writers of this class it is hardly safe
Lecture sureties by Katyayana, in regard to which even the
in- older and more copious version of Narada cannot vie in
completeness and systematic treatment with those two
authors, who cannot be placed earlier than the 6th or 7th
century, if Narada has been rightly referred to the 5th
Fragments or 6th century. The remaining Smritis which are quoted as
worksW1 authorities on Civil Law may be divided into four classes,
the first of which comprises the independent works of
Vyasa, Devala, Pitamaha, Yama, Atri, Prajapati, Kagyapa,
d indeP-ks" ^haradvaja, Rishyagringa, Samvarta, Angiras, Prachetas,
1 "° Sumantu and some other authors. All these writers are
very much inferior in importance to Brihaspati and Katya-
yaiia, and the fragments attributed to them are for the
most part so scanty, that it is impossible to fix their dates
with any thing amounting to precision.
Vyas Yyasa shows himself acquainted with most of those
technicalities, which had been introduced into Judicial Pro-
cedure by the Schools of Law, and he occasionally goes
even beyond Narada, Katyayana and Brihaspati in
detailed treatment of this subject. Thus, e. g., his rules
on documents, especially on forged documents, are very
minute. In the Law of Debt he enumerates seven sorts of
sureties, i. e. two more than Katyayana, and three more
than Brihaspati. In treating of Stridhana he mentions
and defines the species of Stridhana, called Saudayika, and
fixes the maximum amount of Stridhana to be given to a
woman at two thousand Pauas. Both rules occur in no'
other Srariti except Katyayana’s.
Devaia. Devala’s definition of the meaning and extent of the
term Stridhana is more wide than that of any other
author. On the other hand, he assigns to the widow the
last place in the order of heirs to one deceased without
male issue, which is contrary to the ruling even of such
comparatively early authors as Vishnu and Yajnavalkya.
Pitamaha. Pitamaha is quoted as an authority particularly on the
Law of Evidence, and no other author has left us such
detailed descriptions of all the nine sorts of ordeals as he.
Besides he refers to the eight parts of a Judicial Proceed-
ing much in the same way as Narada, and mentions 22 law
cases to be brought before the King, which appear to cor-
respond to the eighteen old titles of law. He also refers
to the Bhils and other low castes which are never men-
tioned in the oldest law-books.
Regarding the other writers of this class it is hardly safe