Mitakshara
Encyclopedia
The is a on the Yajnavalkya Smriti best known for its theory of "inheritance by birth." It was written by Vijñāneśvara, a scholar in the Western Chalukya court in the late eleventh and early twelfth century. Along with the Dāyabhāga
, it was considered one of the main authorities on Hindu Law
from the time the British began administering laws in India. The entire , along with the text of the , is approximately 492 closely printed pages.
of the Cālukya dynasty of Kalyāni, one of the great rulers of the Deccan. He was a "profound student of the Purva-Mimamsa system," a system of exegetical thought focused on the interpretation of the Vedas. Contrary to Derrett's opinion based on Yajnavalkya 2.4 and 2.305 that Vijñāneśvara was a judge, Kane holds that these passages about characteristics of judges do not reflect a social or historical reality, but rather an interpretation based upon Mimamsa.
, and Dhāreśvara, other commentators, as authoritative sources. Derrett places the text between 1121 CE and 1125 CE, a much shorter time frame than Kane, but Kane claims that this time frame is purely arbitrary, and Derrett does not provide the evidence to support his claim. Lingat, however, is content to place the simply at the end of the eleventh century. Historically, Vijñāneśvara was attempting to clarify and explain parts of the , and he was criticizing and discussing earlier commentaries on the same text in an attempt to reconcile differences and further explain the meaning and the significance of the text.
, and Dhāreśvara. The 's most important topics include property rights, property distribution, and inheritance. This text has become the authority, especially on inheritance, throughout most of India after the British began to move in.
, became an influential source for British Courts in India. The was influential throughout the majority of India, except in Bengal and Assam, where the Dāyabhāga
prevailed as an authority for law. The British were interested in administering law in India, but they wanted to administer the law that already existed to the people. Thus, they searched for a text that could be used to help solve disputes among the people of India in manners which were already customary in the sub continent. These disputes often involved property rights or inheritance issues. Thus, the first translation of the was by Colebrooke
in 1810, and it was only this section of the text that gave the British insight on how to deal with inheritance issues. At that point, the held the status of a legislative text because it was used as a direct resource regarding inheritance in the courts of law in most of India.
did the first translation of the in 1810 because there was an immediate need in the British courts for the "law" (or as close as they could get to the law) regarding inheritance that already existed among the people of India. W. Macnaghten did the second translation, dealing with procedure, in 1829. Finally, J. R. Gharpure provided us with a complete translation of the .
Dayabhaga
The Dāyabhāga is a Hindu law treatise written by Jīmūtavāhana which primarily focuses on inheritance procedure. The digest is most notable for being based on Śāstric doctrines differing from those more commonly used in the , resulting in several basic contradictions between the texts...
, it was considered one of the main authorities on Hindu Law
Hindu law
Hindu law in its current usage refers to the system of personal laws applied to Hindus, especially in India...
from the time the British began administering laws in India. The entire , along with the text of the , is approximately 492 closely printed pages.
Author
Vijñāneśvara lived near the end of the eleventh century during the reign of Vikramaditya VIVikramaditya VI
Vikramaditya VI became the Western Chalukya King after deposing his elder brother Somesvara II. Vikramaditya's reign is marked by the start of the Chalukya-Vikrama era. Vikramaditya VI was the greatest of the Western Chalukya kings and had the longest reign in the dynasty. He earned the title...
of the Cālukya dynasty of Kalyāni, one of the great rulers of the Deccan. He was a "profound student of the Purva-Mimamsa system," a system of exegetical thought focused on the interpretation of the Vedas. Contrary to Derrett's opinion based on Yajnavalkya 2.4 and 2.305 that Vijñāneśvara was a judge, Kane holds that these passages about characteristics of judges do not reflect a social or historical reality, but rather an interpretation based upon Mimamsa.
Date and Historical Context
Kane places the between 1055 CE and 1126 CE, but he says, "there is no evidence to establish the exact time when the work was undertaken." He places it after 1050 CE because it names Viśvarūpa, MedhātithiMedhatithi
Medhātithi is one of the oldest and most famous commentators on the , more commonly known as the Laws of Manu. The text is a part of the Hindu Dharmaśāstra tradition, which attempts to record the laws of dharma.-Location:...
, and Dhāreśvara, other commentators, as authoritative sources. Derrett places the text between 1121 CE and 1125 CE, a much shorter time frame than Kane, but Kane claims that this time frame is purely arbitrary, and Derrett does not provide the evidence to support his claim. Lingat, however, is content to place the simply at the end of the eleventh century. Historically, Vijñāneśvara was attempting to clarify and explain parts of the , and he was criticizing and discussing earlier commentaries on the same text in an attempt to reconcile differences and further explain the meaning and the significance of the text.
Sources and Topics
Vijñāneśvara's commentary "brings together numerous passages, explains away contradictions among them by following the rules of interpretation laid down in the Purva Mimamsa system, brings about order by assigning to various dicta their proper scope and province...and effects a synthesis of apparently unconnected injunctions." In this sense, the commentary is similar to a digest (nibandha) in that it attempts to draw into the commentary outside opinions about the same passages of the text which he is commenting on. Although he is commenting on the , he cites numerous earlier commentators as well, including Viśvarūpa, MēdhātithiMedhatithi
Medhātithi is one of the oldest and most famous commentators on the , more commonly known as the Laws of Manu. The text is a part of the Hindu Dharmaśāstra tradition, which attempts to record the laws of dharma.-Location:...
, and Dhāreśvara. The 's most important topics include property rights, property distribution, and inheritance. This text has become the authority, especially on inheritance, throughout most of India after the British began to move in.
Effect on British India
The , along with the DāyabhāgaDayabhaga
The Dāyabhāga is a Hindu law treatise written by Jīmūtavāhana which primarily focuses on inheritance procedure. The digest is most notable for being based on Śāstric doctrines differing from those more commonly used in the , resulting in several basic contradictions between the texts...
, became an influential source for British Courts in India. The was influential throughout the majority of India, except in Bengal and Assam, where the Dāyabhāga
Dayabhaga
The Dāyabhāga is a Hindu law treatise written by Jīmūtavāhana which primarily focuses on inheritance procedure. The digest is most notable for being based on Śāstric doctrines differing from those more commonly used in the , resulting in several basic contradictions between the texts...
prevailed as an authority for law. The British were interested in administering law in India, but they wanted to administer the law that already existed to the people. Thus, they searched for a text that could be used to help solve disputes among the people of India in manners which were already customary in the sub continent. These disputes often involved property rights or inheritance issues. Thus, the first translation of the was by Colebrooke
Henry Thomas Colebrooke
Henry Thomas Colebrooke was an English orientalist.-Biography:Henry Thomas Colebrooke, third son of Sir George Colebrooke, 2nd Baronet, was born in London. He was educated at home; and when only fifteen he had made considerable attainments in classics and mathematics...
in 1810, and it was only this section of the text that gave the British insight on how to deal with inheritance issues. At that point, the held the status of a legislative text because it was used as a direct resource regarding inheritance in the courts of law in most of India.
Translations
ColebrookeHenry Thomas Colebrooke
Henry Thomas Colebrooke was an English orientalist.-Biography:Henry Thomas Colebrooke, third son of Sir George Colebrooke, 2nd Baronet, was born in London. He was educated at home; and when only fifteen he had made considerable attainments in classics and mathematics...
did the first translation of the in 1810 because there was an immediate need in the British courts for the "law" (or as close as they could get to the law) regarding inheritance that already existed among the people of India. W. Macnaghten did the second translation, dealing with procedure, in 1829. Finally, J. R. Gharpure provided us with a complete translation of the .