Vaidyanatha-Diksitiyam

My previous post had a reference to the recent dharma sastras of Hindus - nibandha. I came across this reference to it in Kamakoti website. These are discourses of swamiji.

http://www.kamakoti.org/hindudharma/part15/chap3.htm


Vaidyanatha Diksita's own name for his work is Smrti-Muktaphala-Nibhandana-Grantha.

We know very little about the author of this extremely useful book. Diksita must have lived some two hundred years ago; he belonged to Kandiramanikkam, near Nacciyarkoil (in Tanjavur district). It must be noted that he himself practised the dharmas he had dealt with in his nibhandana and he is also believed to have performed big sacrifices.


Vaidyanatha-Diksitiyam is considered superior to similar works by Medhatithi, Vijnesvara, Hemadri and so on. Exhaustive in nature, it deals with the duties and rites pertaining to the different castes and asramas (the four stages of life), ritual purity, sradhha, prayascitta, stridharma, dayabhaga, dravyasuddhi. It even gives directions about the division of paternal property. When the Hindu code Bill was introduced in free India some put forward the view that the division of property must be based on the sastras. Such division is called "Dayabhaga". The word "dayadi" is derived from "daya".

The division of property in Kerala, in the uncle-nephew line, is called marumakkatayam.

Diksitiyam is the last among the nibhandanas. In the preparation of this work Vaidyanatha Diksita had the advantage of making a comparative study of all the previous works on Dharmasastra. Before it the authority followed it to some extent in the South was the nibhandana of Tozhappar.

Vaisnavas and Smartas alike today accept the Diksitiyam as an authority.

The nibhandanas are not like the Vedas (Sruti), the Kalpa-sutras and the Smrtis. Since they came later it is not easy to make them acceptable to all. Diksita, it must be noted, does not show the least trace of bias in his work and has followed the Mimamsa in determining the meaning of Vedic texts. He has brought together previous sastras and arrived at conclusions only after resolving the contradictions in them. This is the reason why his work is considered as authority in the South.

When the Smrtis differ in some matters, he takes a broad view and suggests: "Let each individual follow the practices of his region and the tradition of his forefathers".

Real Character and Spirit of Hindu Law

I came across the chapter with the above title in the book The Perspective, A Collection of Articles of Dattopant B. Thengadi, published by Sahitya Sindhu, Bangalore in 1971.

This book was given as a present to me By Mr. K. Udaya Sanker, a Medicine student at that time in Kakinada (in 1974 or so).

The attitude of Hindu Dharma towards different religions has enabled it to become a Confederation of all religions. Similarly its attitude towards Law has helped it to become a Vishva Dharma.

The growth of Hindu Law: Firstly, the four vedas and their six subsidiary sciences. Then the Dharma Shastras.

The compilers of Dharma Shastras flourished during different periods.

They were Manu, Atri, Vishnu, Harita, Yajnavalkya, Usanas, Angiras, Yama, Apastamba, sambarta, Katyayana, Brhaspati, Parasara, Vyasa, sankha, Likhita, Daksha, Gautam, Satatapa, and Vasishta.

Other ancient sources being the Meemamsa, the Nyaya and the Puranas.

The Smritis, the current usage, good conscience-in absence of any other guide-and desire resulting from thorough deliberation are also important as sources of Hindu Law.

I noticed in the article the statement, it is curious to note that the above authorities have been considerably overshadowed by subsequent commentaries or digests (Nibandhas). The work of compiling Nibandhas was going on from the ninth to the nineteenth century. The last Nibandha, i.e., Vivada-Bhangarnav or Vivadarnava-setu was compiled at the request of Warren Hastings.

These Nibandhas have given rise to different schools of Hindu Law governing different parts of the country, such as, the Dayabhaga School governing Eastern parts, the Southern School governing almost the entire area of the former Madras Presidency, the Banaras School governing whole of Northern India including Orissa but excluding Mithila and Punjab; the Mithila School governing the tract of land bounded by the three rivers, Gandaka, Kosi, and Ganges; the Western School governing Maharashtra, Berar, North Kanara and Sindh; and the Punjab School governing Pubjab.

It is interesting to note the statement, Smritis do not repeal the other Smrities. All Smrities are sources of law. Another interesting feature of Hindu Law is the fact that in case of any inconsistency between the usage and the Smriti, the usage is supposed to carry with it greater validity.

Our society contained within ints bosom various stratas of civilisation and within the framework of Hindu socio economic order every strata was free to follow its own usages