A DIGEST OF THE HINDU LAW AS CURRENT IN BENGAL. OFFICE LIBRARY WITH AUTHORITIES, EXPLANATORY NOTES &C. ALSO ADMITTED LEGAL OPINIONS, AND DECIDED CAUSES BEARING UPON VYAVASTHÁS OR PRINCIPLES. BY SHAMACHURN SIRCAR THE CHIEF INTERPRETER OF THE HIGH COURT, MEMBER OF THE ASIATIC SOCIETY IN CALCUTTA AND AUTHOR of an Anglo Bengali GRAMMAR, &C. SECOND EDITION ENLARGED AND IMPROVED. Complete in one Volume. 4630 "Law is the king of kings, far more powerful and rigid than they nothing can be mightier than law, by whose aid, as by that of the highest monarch, even A text of the Veda translated by Sir W. Jones CALCUTTA, PRINTED AT THE GIRISH-VIDYARATNA PRESS, MIRZAPOOR, UPPER CIRCULAR ROAD No. 58-5. 1867 [Price 12 Rupees, ERRATA CORRIGENDA. Page دو I, Line 21 summary of contents, for 202 read 209. for "adoption" read adopted son. 34 heading, for " Apúrna" read" Apúrvá.” V 11 127 260 30* دو 29 foot note, for " pp. 5143,514 read pp. 513,514." 28 body, for "Rám Gosáín" read "Rám-joy Gosáin.'» 281 38 39 "paternal grand father's" read "maternal grandfather's." "father's daughter's son" read "grandfather's daughter's son." 479 marginal note, for "Nos. 285,295&296 read Nos. 284,295 &296. 514 Line 19 body, for "we" read “he.” 553 marginal note, for "No. 352” read "No. 351” Vyavastha No. 182" read "Vyavasthá No. 382" 27 foot note, for "see the second at page 657" read "the second note at page 657." PREFACE TO THE FIRST EDITION. THE HINDOO LAW is, according to our belief, of divine origin. It is termed Smriti (remembrance) or what was remembered, in contradistinction to the Veda, which is denoted Sruti (audition) or what was heard. The Smriti was revealed by the Self-Existent to MANU, who remembered and taught it to MARICHI and nine other sages,† one of whom, BHRIGU, being appointed by MANU to promulgate his laws, communicated the whole to the Rishis. The Smriti comprises three kándas or adhyayas (books or parts.) The áchára (ritual,) which comprises rules for the observance of religious rites and ceremonies, social usages, and moral duties of the different castes; the vyavahára (civil acts and rules,) which embraces as well forensic law and practice as rules of private acts and contests; and the Prayashchitta (expiation,) which prescribes the atonement or religious penalty for sin. The general body of law comprehending all these is denominated the Dharma Shastra. The Dharma Shastra is to be sought primarily in the Sanhitás (collections or institutes) of the holy sages, whose number according to the list given by JÁGNYAVALKYA is twenty: namely, MANU, ATRI (a,) VISHNU (b), HÁRÍTA, JÁGNYAVALKYA or YÁJNYAVALKYA (c,) USHaná (d,) Angirá (e,) Jama or Yama (f,) A ́PASTAMba, Samvarta, Kátyáyana, • By these terms, it is signified that in the Veda the words of revelation are preserved, while in the system of law the sense is recorded either in the divine words or other equivalent expressions. The Veda chiefly concerns religion, but contains a few passages directly applicable to jurisprudence. ↑ MARÍCHI. ATRI, ANGIRÁ, PULASTYA, PULAHA, KRATU, PRAChetá, VashishtHA, BHRIGU, and NÁRADA. These are denominated PRAJAPATI, or lords of created beings. See MANU, ch. i. v, 35-40 and 57–60. Vide MANU, ch. i. v. 57–60. (a) One of the ten lords of created beings, and father of DATTÁ-TREYA, DURVÁSÁ and SOMA. (b) Not the Indian divinity, but an ancient philosopher who bore that name. (c) Grandson of BISWAMITRA, as described in the introduction of his own institutes. (d) Ushana is another name of Shukra, the regent of the planet Venus: he was grandson of BHRIGU. (e) ANGIRÁ holds a place among the ten lords of created beings, and according to the Bhígavata became father of Utathya and of VRIH ASPATI in the reign of the second MANU. (f) Brother of the seventh MANU and ruler of the world below I |