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==Commentaries==
==Commentaries==
* More than a dozen commentaries have been written on the ''Dāyabhāga''. Kane lists the most important commentators as<ref>Kane, P. V., ''History of Dharmaśāstra'', (Poona: Bhandarkar Oriental Research Institute, 1975), Volume I, Part II, 711.</ref>:
* More than a dozen commentaries have been written on the ''Dāyabhāga''. Kane lists the most important commentators as<ref>Kane, P. V., ''History of Dharmaśāstra'', (Poona: Bhandarkar Oriental Research Institute, 1975), Volume I, Part II, 711.</ref>:
* Śrīnātha Ācāryacūda (1470-1540 A.D.)
===Śrīnātha Ācāryacūda===
*(1470-1540 A.D.)
* Rāmabhadra Nyāylankāra (1510-1570 A.D.)
===Rāmabhadra Nyāylankāra===
* (1510-1570 A.D.)
* Acyutānanda Cakraviartin (1510-1570 A.D.)
===Acyutānanda Cakraviartin===
* (1510-1570 A.D.)
* Maheśvarabhaṭṭācārya (1530-1600 A.D.)
===Maheśvarabhaṭṭācārya===
* (1530-1600 A.D.)
* Śrīksṛṣṇa (Mid 18th century)
===Śrīksṛṣṇa===
*(Mid 18th century)
* Raghundanda (1520-1575)
===Raghundanda===
* (1520-1575)
===Whether this work was actually done by Raghundanda, or another scholar using his name, is a topic of debate in the Hindu law field. Colebrook believes this to the base, although Kane hesitantly believes it to be the work of Raghundanda<ref>Rocher, ''Jimutavahana's Dāyabhāga: The Hindu Law of Inheritance in Bengal'', (Oxford University Press, 2002), 17.</ref>.
* Whether this work was actually done by Raghundanda, or another scholar using his name, is a topic of debate in the Hindu law field. Colebrook believes this to the base, although Kane hesitantly believes it to be the work of Raghundanda<ref>Rocher, ''Jimutavahana's Dāyabhāga: The Hindu Law of Inheritance in Bengal'', (Oxford University Press, 2002), 17.</ref>.


==Dating==
==Dating==

Revision as of 21:32, 13 December 2008

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 used in the Mitākṣarā, resulting in several basic contradictions between the texts. The Dāyabhāga is the strongest authority in Modern British Indian courts in the Bengal region of India. [1] Based on Jīmūtavāhana's criticisms of the Mitākṣarā, it is thought that his work is precluded by the Mitākṣarā. This has led many scholars to conclude that the Mitākṣarā represents the orthodox doctrine of Hindu law, while the Dāyabhāga represents the reformed version. [2]

The central difference between the texts is based upon when one becomes the owner of property. The Dāyabhāga does not give the sons a right to their father's ancestral property until after his death, unlike Mitākṣarā, which gives the sons the right to ancestral property upon their birth. The digest has been commented on more than a dozen times. [3]

Translation

Henry Thomas Colebrooke

  • The text was translated into English by Calcutta Supreme Court judge,Henry Thomas Colebrooke through the use of manuscripts and pandits in 1810. Colebrooke broke the text into chapters and verses which were not in the original text and is often criticized for numerous errors in translation.[4] Rocher believes the mistakes were due to three factors[5] :

1.) The format of the Sanskrit texts 2.) The texts were deeply involved with an ancient civilization, which the translators were not familiar with 3.) The misconception that the text was written by lawyers, for lawyers

  • Colebrooke created the division of two schools of thought in India, separating the majority of India, thought to follow the Mitākṣarā and the Bengal region, which followed the Dāyabhāga system.

Topics covered in the digest

  • Partition of the father and grandfather's property
  • Inheritance procedure among brothers after the death of the father
  • Those excluded from inheritance due to disabilities
  • The order of succession of one who dies without a son

Sages Mentioned in the Dāyabhāga

Manu

Yājńavalkya

Visnu

Nārada

Bṛhaspati

Kātyāyana

Vyāsa

Central differences between the Dāyabhāga and the Mitākṣarā

Sons Inheritance

  • The son has no right to the father's ancestral property until after his death, or the father's ownership becomes extinct through other means, such as being excluded from the caste or becoming ascetic. This is in direct contrast to the Mitākṣarā, which gives the sons a claim upon birth.[7]

The Rights of the Widow

  • The widow succeeds the father's property rights on his death, even in cases where he held property jointly with his brother.[8]

Ancestral Property

  • Dāyabhāga states that the father is the sole ruler of all property, both ancestral and personal. Unlike the Mitākṣarā, ancestral property is not seen as communal, therefore the father does not require the consent of his sons to act over the ancestral property. The essential difference between the 'Dāyabhāga' and the Mitākṣarā family is that the 'Dāyabhāga' sees no difference between the father's total control over ancestral and personal property.[9]

Personal Property

  • The father has the right to do as he wishes with his personal property in both the Mitākṣarā and the Dāyabhāga.

Inheritance

Succession

  • After the father's death, the sons will succeed his portion of the ancestral property. This can be done during the father's lifetime, but only if the father chooses to do so. The property is not communally owned by the family, as it is in the Mitākṣarā. Each son has the ability to do what he wishes with his portion of the property after his father's death.[10]

Dharmaratna

  • The Dāyabhāga is one of three recovered parts of Jīmūtavāhana's digest, the Dharmaratna.

The other surviving parts include:

Vyavahāra-Mātrkā

  • Focuses on the Vyavahāra, or judicial procedure. Covers the four traditional areas of jurisprudence[11]:
  • Plaint
  • Reply
  • Evidence
  • Decision


Kāla-Viveka

  • Focuses on the appropriate times for the performance of religious duties and sacrifices.[12]

Commentaries

  • More than a dozen commentaries have been written on the Dāyabhāga. Kane lists the most important commentators as[13]:

Śrīnātha Ācāryacūda

  • (1470-1540 A.D.)

Rāmabhadra Nyāylankāra

  • (1510-1570 A.D.)

Acyutānanda Cakraviartin

  • (1510-1570 A.D.)

Maheśvarabhaṭṭācārya

  • (1530-1600 A.D.)

Śrīksṛṣṇa

  • (Mid 18th century)

Raghundanda

  • (1520-1575)
  • Whether this work was actually done by Raghundanda, or another scholar using his name, is a topic of debate in the Hindu law field. Colebrook believes this to the base, although Kane hesitantly believes it to be the work of Raghundanda[14].

Dating

  • The time of the writing is a topic of debate in the Hindu Law field. Many of the previous authors to which Jīmūtavāhana refers have been lost. Scholars such as Rājkumār Sarvādhikārī estimate his writing to have occurred in the fifteenth century, yet Dr. Pandurang Vaman Kāne believes he wrote between 1090 and 1130. [15] Commentaries and names mentioned in the 'Dāyabhāga prove that Jīmūtavāhana cannot be placed earlier than 1125 A.D.[16] The vast differences between scholars appear on later dates.

Location

  • The provisions relating to property rights are followed in West Bengal and Assam.

Hindu Succession Act


Notes

  1. ^ Kane, P. V., History of Dharmaśāstra, (Poona: Bhandarkar Oriental Research Institute, 1975), Volume I, Part II, 703.
  2. ^ Rocher,Jimutavahana's Dāyabhāga: The Hindu Law of Inheritance in Bengal, (Oxford University Press, 2002), 23.
  3. ^ Kane, P. V., History of Dharmaśāstra, (Poona: Bhandarkar Oriental Research Institute, 1975), Volume I, Part II, 704.
  4. ^ Rocher,Jimutavahana's Dāyabhāga: The Hindu Law of Inheritance in Bengal, (Oxford University Press, 2002), 33.
  5. ^ Rocher,Jimutavahana's Dāyabhāga: The Hindu Law of Inheritance in Bengal, (Oxford University Press, 2002), 35.
  6. ^ Kane, P. V., History of Dharmaśāstra, (Poona: Bhandarkar Oriental Research Institute, 1975), Volume I, Part II, 704.
  7. ^ Kane, P. V., History of Dharmaśāstra, (Poona: Bhandarkar Oriental Research Institute, 1975), Volume I, Part II, 704.
  8. ^ Robert Lingat, The Classical Law of India, (New York: Oxford UP, 1973), 172.
  9. ^ Robert Lingat, The Classical Law of India, (New York: Oxford UP, 1973), 172.
  10. ^ Robert Lingat, The Classical Law of India, (New York: Oxford UP, 1973), 173.
  11. ^ Rocher,Jimutavahana's Dāyabhāga: The Hindu Law of Inheritance in Bengal, (Oxford University Press, 2002), 9.
  12. ^ Kane, P. V., History of Dharmaśāstra, (Poona: Bhandarkar Oriental Research Institute, 1975), Volume I, Part II, 704.
  13. ^ Kane, P. V., History of Dharmaśāstra, (Poona: Bhandarkar Oriental Research Institute, 1975), Volume I, Part II, 711.
  14. ^ Rocher, Jimutavahana's Dāyabhāga: The Hindu Law of Inheritance in Bengal, (Oxford University Press, 2002), 17.
  15. ^ M. Chakravarti, Part I. Bengal, (J.A.S.B., 1915) 321-327
  16. ^ Kane, P. V., History of Dharmaśāstra, (Poona: Bhandarkar Oriental Research Institute, 1975), Volume I, Part II, 712.
  17. ^ Kane, P. V., History of Dharmaśāstra, (Poona: Bhandarkar Oriental Research Institute, 1975), Volume I, Part II, 704.

References

  • Lingat, Robert (1973). The Classical law of India. New York: Oxford UP Publ. {{cite book}}: Cite has empty unknown parameter: |coauthors= (help)
  • Chakravarti, M. (1915). Part 1. Bengal. J.A.S.B. Publ. {{cite book}}: Cite has empty unknown parameter: |coauthors= (help)
  • Lingat, Robert (1973). The Classical law of India. New York: Oxford UP Publ. {{cite book}}: Cite has empty unknown parameter: |coauthors= (help)


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