The ''Yajnavalkya Smriti'' (,
IAST
The International Alphabet of Sanskrit Transliteration (IAST) is a transliteration scheme that allows the lossless romanisation of Brahmic family, Indic scripts as employed by Sanskrit and related Indic languages. It is based on a scheme that ...
: ') is one of the many
Dharma
Dharma (; , ) is a key concept in various Indian religions. The term ''dharma'' does not have a single, clear Untranslatability, translation and conveys a multifaceted idea. Etymologically, it comes from the Sanskrit ''dhr-'', meaning ''to hold ...
-related texts of
Hinduism
Hinduism () is an Hypernymy and hyponymy, umbrella term for a range of Indian religions, Indian List of religions and spiritual traditions#Indian religions, religious and spiritual traditions (Sampradaya, ''sampradaya''s) that are unified ...
composed in
Sanskrit
Sanskrit (; stem form ; nominal singular , ,) is a classical language belonging to the Indo-Aryan languages, Indo-Aryan branch of the Indo-European languages. It arose in northwest South Asia after its predecessor languages had Trans-cultural ...
. It is dated between the 3rd and 5th century CE, and belongs to the
Dharmashastra tradition. The text was composed after the
Manusmriti, but like it and
Naradasmriti, the text was composed in ''shloka'' (poetic meter) style. The legal theories within the ''Yajnavalkya Smriti'' are presented in three books, namely ''achara-kanda'' (customs), ''vyavahara-kanda'' (judicial process), and ''prayascitta-kanda'' (crime and punishment, penance).
The text is the "best composed" and systematic specimen of this genre, with large sections on judicial process theories, one which had a greater influence on medieval India's judiciary practice than
Manusmriti. It later became influential in the studies of legal process in ancient and medieval India, during the colonial British India, with the first translation published in German in 1849. The text is notable for its differences in legal theories from Manusmriti, for being more liberal and humane, and for extensive discussions on evidence and judiciousness of legal documents.
Date
The text most likely dates to the
Gupta period, roughly between the 3rd and 5th century CE. There is some debate as to whether it is to be placed in the earlier or later part of that time span.
Patrick Olivelle suggests the likely date may be in the 4th to 5th century CE.
Arguments for particular dating are based on the concise, sophisticated vocabulary found throughout the text and on the use of certain terms such as ' (a coin), and references to
Greek astrology (which has been known in India since the 2nd century; see
Yavanajataka). The argument arises when considerations are made as to who was exchanging the ' and when the level of Greek thought which the author understood is brought into question.
Author
The text is named after the revered Vedic sage
Yajnavalkya
Yajnavalkya or Yagyavalkya (, International Alphabet of Sanskrit Transliteration, IAST:) is a Hindu Vedic sage prominently mentioned in the Brihadaranyaka Upanishad (c. 700 BCE) and Taittiriya Upanishad, ''Tattiriya Upanishad''., Quote: "Yajnav ...
, who appears in many major
Upanishads
The Upanishads (; , , ) are late Vedic and post-Vedic Sanskrit texts that "document the transition from the archaic ritualism of the Veda into new religious ideas and institutions" and the emergence of the central religious concepts of Hind ...
of Hinduism, as well as other influential texts such as the
Yoga Yajnavalkya. However, as the text is believed to have been composed more than a millennium after his life, it is possible that it has been attributed to him out of respect, as has been common in the Hindu traditions.
The text was likely composed in the
Mithila
Mithila may refer to:
Places
* Mithilā, a synonym for the ancient Videha state
** Mithilā (ancient city), the ancient capital city of Videha
* Mithila (region), a cultural region (historical and contemporary), now divided between India and Nepa ...
region of historic India (in and around modern
Bihar
Bihar ( ) is a states and union territories of India, state in Eastern India. It is the list of states and union territories of India by population, second largest state by population, the List of states and union territories of India by are ...
).
Structure
The text is in classical Sanskrit, and is organized in three books. These are ''achara-kanda'' (368 verses), ''vyavahara-kanda'' (307 verses) and ''prayascitta-kanda'' (335 verses). The ''Yājñavalkya Smṛti'' consists of a cumulative total of 1,010
ślokas (verses), and its presentation is methodical, clear and concise instead of the poetic "literary beauty" found in Manusmriti according to Robert Lingat.
Ludo Rocher
Ludo Rocher (1926–2016) was an eminent Sanskrit scholar, and the W. Norman Brown Professor Emeritus of South Asia Studies at the University of Pennsylvania.
Biography
Ludo Rocher was born in Hemiksem in the province of Antwerp, Belgium on 25 A ...
states that this treatise, like others in Dharmasastras genre, is a scholarly tradition on
Dharma
Dharma (; , ) is a key concept in various Indian religions. The term ''dharma'' does not have a single, clear Untranslatability, translation and conveys a multifaceted idea. Etymologically, it comes from the Sanskrit ''dhr-'', meaning ''to hold ...
rather than a
Law book, as understood in the western languages. In contrast, Robert Lingat states that the text is closer to presenting legal philosophy and a transition from being Dharma speculations found in earlier Dharma-related texts.
Sources
Yajnavalkya, known for his concise style, drew heavily from Manu's legal treatise and
Kautilya's
Arthashastra
''Kautilya's Arthashastra'' (, ; ) is an Ancient Indian Sanskrit treatise on statecraft, politics, economic policy and military strategy. The text is likely the work of several authors over centuries, starting as a compilation of ''Arthashas ...
in this text. The text mirrors
Manusmriti's structure and follow a similar format in terms of organization and content. Chapter 1 and chapter 3 are influenced by Manu, while chapter 2, focusing on legal procedure, draws from both Manu and Kautilya's Arthashastra. The text includes sections discussing embryology and anatomy, drawn from medical texts such as
Charaka Samhita. It also contains concise portions on music and yogic meditation, likely derived from early treatises on these subjects. Yajnavalkya also claims authorship of a yoga treatise within the text.
Content
The text is laid out as a frame story in which the sages of
Mithila
Mithila may refer to:
Places
* Mithilā, a synonym for the ancient Videha state
** Mithilā (ancient city), the ancient capital city of Videha
* Mithila (region), a cultural region (historical and contemporary), now divided between India and Nepa ...
approach
Yājñavalkya and ask him to teach them
dharma
Dharma (; , ) is a key concept in various Indian religions. The term ''dharma'' does not have a single, clear Untranslatability, translation and conveys a multifaceted idea. Etymologically, it comes from the Sanskrit ''dhr-'', meaning ''to hold ...
. The text opens its reply by reverentially mentioning ancient Dharma scholars, and asserting in verses 1.4-5 that the following each have written a Dharmasastra (most of these are lost to history) – Manu, Atri, Visnu, Harita, Yajnavalkya, Ushanas, Angiras, Yama, Apastamba, Samvarta, Katyayana, Brihaspati, Parashara, Vyasa, Samkha, Likhita, Daksha, Gautama, Shatatapa and Vashistha. The rest of the text is Yājñavalkya's theories on dharma, presented under
Ācāra (proper conduct), Vyavahāra (criminal law) and
Prāyaścitta
''Prāyaścitta'' () is the Sanskrit word which means "atonement, penance, expiation". In Hinduism, it is a ''dharma''-related term and refers to voluntarily accepting one's errors and misdeeds, confession, repentance, means of penance and expiat ...
(expiation).
The ''Yajnavalkya Smriti'' extensively quotes the Manu Smriti and other Dharma-texts, sometimes directly paraphrasing passages from these, often reducing earlier views into a compendium and offering an alternate legal theory.
The text places emphasizes the act of giving (''dana'') as the essence of dharma, and it elevates yoga and self-perception (''atmadarsana'') as the highest form of dharma. There are influential differences from the Manu Smriti and earlier Dharma texts, especially with regard to statecraft, the primary of attested documentary evidence in legal process, and in jurisprudence.
1. Pioneered the structure which was adopted in future dharmaśāstric discourse:
[Olivelle, "Literary History", p. 21]
:a) Divided
dharma
Dharma (; , ) is a key concept in various Indian religions. The term ''dharma'' does not have a single, clear Untranslatability, translation and conveys a multifaceted idea. Etymologically, it comes from the Sanskrit ''dhr-'', meaning ''to hold ...
into fairly equally weighted categories of:
::*
Ācāra (proper conduct)
::*
Vyavahāra (legal procedure)
::*
Prāyaścitta
''Prāyaścitta'' () is the Sanskrit word which means "atonement, penance, expiation". In Hinduism, it is a ''dharma''-related term and refers to voluntarily accepting one's errors and misdeeds, confession, repentance, means of penance and expiat ...
(penance)
:b) Subdivided these three further by specific topics within the major subject heading.
2. Documentary evidence as the highest foundation of Legal Procedure:
:Yājñavalkya portrayed evidence as hierarchical, with attested documents receiving the highest consideration, followed by witnesses, and finally ordeals (five types of verifiable testimony).
3. Restructured the Courts:
[Olivelle, "Literary History", p. 22]
: Yājñavalkya distinguished between courts appointed by the king and those which were formed by communities of intermediate groups. He then portrayed these courts as a part of a system of hierarchical appeals. He streamlined legal processes into four clear steps: plaint, plea, evidence, and verdict, and he was the first to delineate five forums for adjudicating lawsuits. He emphasized the use of documents as legal evidence, a concept absent in Manu's work, showcasing the evolution of jurisprudence and the role of scribes in society.
4. Changed the placement of the discussion of
Ascetic Orders:
:Forest hermits and renouncers are discussed within the section regarding penance (
prāyaścitta
''Prāyaścitta'' () is the Sanskrit word which means "atonement, penance, expiation". In Hinduism, it is a ''dharma''-related term and refers to voluntarily accepting one's errors and misdeeds, confession, repentance, means of penance and expiat ...
). In previous texts, description of ascetics followed the discussion of Brahmins and framed them in opposition to householder Brahmins. He suggested that one could live a spiritually fulfilling life without withdrawing from society, thereby bridging the gap between householders and ascetics.
5. Focused on
:
:Increased attention was given to a description of , dwelling on meditation and the transience of the worldly body. There is even an in-depth, technical discourse based on a medical treatise of the time.
Commentary
Five medieval era ''
bhasya'' (review and commentaries) on ''Yajnavalkya Smrti'' have survived into the modern era.
These are by Visvarupa (''Bālakrīḍā'', 750-1000 CE), Vijanesvara (''Mitaksara'', 11th or 12th century, most studied, from the Varanasi school), Apararka (''Apararka-nibandha'', 12th-century, from the Kashmir school), Sulapani (''Dipakalika'', 14th or 15th century) and Mitramisra (''Viramitrodaya'', 17th-century).
Influence
The legal theories in this text were likely very influential in medieval India, because its passages and quotes are found inscribed in every part of India, and these inscriptions are dated to be from around 10th to 11th century CE. The text is also widely commented upon, and referenced in popular works such as the 5th-century ''Panchatantra''. The text is profusely quoted in chapters 253-258 of the extant manuscripts of the Agni Purana, and in chapters 93-106 of the Garuda Purana
The Sanskrit text ''Garuda Purana'' () is one of 18 Mahapurana (Hinduism), Mahapuranas in Hinduism. The ''Garuda Purana'' was likely composed in the first millennium CE, with significant expansions and revisions occurring over several centuries ...
.
Notes
References
Bibliography
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External links
Yájnavalkya Smriti with Vijnanesvara commentary, Book 1 of 3
SC Vidyarnava (1918), English translation
Yájnavalkya Smriti with Vijnanesvara commentary
(Sanskrit manuscript)
{{DEFAULTSORT:Yajnavalkya Smrti
Hindu law
Dharmaśāstra
Sanskrit texts