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Shri Mahavir Jain Aradhana Kendra
www.kobatirth.org
Acharya Shri Kailassagarsuri Gyanmandir
xxvi
INTRODUCTION
Dandaviveka (the present treatise) and Dvaitaviveka, relate to topics of positive law (17751T), while the rest to ritual and ceremonial law (माचार and प्रायश्चित्त ). Dandaviveka is a Penal Code, dealing with offences and their punishments, while Dvaitaviveka is a digest on Civil Law. Dandaviveka teems with quotations from the metrical Smộtis of Manu, Yājñavalkya, Vasiştha, Gautama, Nárada, Kätyāyana, Vyāsa, Vişņu, and others, from four commentaries of Manu-Smộti, (viz., Kullūka Bhatta, Govindarāja, Medhatithi, and Nārāyaṇa Sarvajña), from the Mitākṣarā of Vijñānesvara, the celebrated commentary of Yajñavalkya-Smrti, from the Puräņas and various Nibandhas, viz., Kalpataru, Kamadhenu, Vivadaratnākara, Vivādacintā maņi, and of the works of Bhavadeva, Halāyudha, and Laksmīdhara. But of all the nibandhas, the Vivādaratnakara has been mainly laid under contribution. Vardhamāna invariably refers to the Vivādaratnākara as simply the Ratnākara, which cannot be any other than the Ratnākara of Candeśvarı Țhakkura, as appears from a comparison of the quotations from it in the present treatise with the work Vivādaratnākara itself. The titles of the Tarangas (Chapters) of the latter work dealing with criminal law correspond exactly with those of the Paricehedas (Chapters) of the former work. The reason of such multiplicity of quotations from, and correspondence of the titles of Chapters with, the Vivādaratnākara appears to be the fact that both the authors belonged to the same country, Mithilā (modern North Bihar), separated only by two centuries.
The Present Edition The present edition is based on the readings of five manuscripts, marked *, c, d, , and 5 respectively. The * MS. was secured from the Asiatic Society of Bengal, the u and y MSS. from the Oriental Institute, Baroda, and the 9 and 5 MSS. from Babu Brajanandana Sinha Saheb of Sakri (Darbhanga). To bring out this edition, I consulted the original Smộtis, the Purāņas, and the available nibandhas.
My heartfelt thanks are due to the Oriental Institute of Baroda and to the inaugurators of the Gaekwad's Oriental Series for kindly permitting me to edit this rare and unique
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