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INTRODUCTION,
ciji
is placed so awkwardly that it is absolutely impossible to guess which place in the sequence of heirs the author meant to allot to them. As stated above, the verse most probably was inserted by the editor of the ancient Dharma-sätra. If he had cared at all for order and intelligibility, he ought not to have contented himself with the enunciation of the maxim that these persons do inherit, but he ought to have indicated where the preceding close series of heirs has to be broken in order to admit them. Very significant, too, are the constant mingling of moral exhortations with the legal rules and the occasional recommendation of quaint judicial devices which are common in the earlier stages of the development of the law. Though the duty of kings to protect their subjects and to restrain the wicked has been fully explained in the seventh chapter, yet in the sections on theft (VIII, 302–311), on violence (VIII, 343-347), and on adultery (VIII, 386–387), the author expatiates again and again on the necessity of eradicating such offences. In the second case the specific rules, providing for the punishment of sâhasa crimes, are left out, the omission being repaired at the end of the ninth chapter. Both Yagñavalkya and Närada think it unnecessary to recur to the moral obligations of the king after pointing them out once. Both refrain also from mentioning the curious expedient which Manu recommends (VIII, 182-184) for the decision of doubtful disputes regarding deposits. Another important point is that Manu's rules on some titles are exceedingly incomplete, and touch one particular case only, from which it is not always easy to deduce the general principle. Thus, in treating of the subtraction or resumption of gifts, Manu (VIII, 212-213) confines his remarks to pious gifts which are not applied in the manner stipulated. Yâgñavalkya (II, 175-177) gives under this head at least some general principles, showing what is required for the validity of gifts; while Náradal offers a fairly full and systematic treatment of the whole law of gifts. A similarly gradual development is visible under other heads, especially concerns among
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+ Professor Jolly's Translation, pp. 59-60.
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| SR No. | 007684 |
| Book Title | Vinaya Texts |
| Original Sutra Author | N/A |
| Author | T W Rhys Davids, Hermann Oldenberg |
| Publisher | Oxford |
| Publication Year | 1881 |
| Total Pages | 2523 |
| Language | English |
| Classification | Book_English |
| File Size | 47 MB |