Dharmshastra Ka Itihas Part 2

This document is a Hindi translation of "धर्मशास्त्र का इतिहास" (History of Dharmaśāstra), Part 2, authored by Pandurang Vaman Kane. The publisher is Hindi Bhavan, Lucknow.

Here's a comprehensive summary based on the provided pages:

Overall Context:

• The book is a comprehensive history of Dharmaśāstra, covering ancient and medieval Indian religious and folk customs.
• This specific volume is the second part of the series, translated into Hindi by Arjun Chaube Kashyap.
• The author, Dr. Pandurang Vaman Kane, is highly respected and recognized as a scholar of Oriental studies and Sanskrit literature.
• The Hindi translation was undertaken by the Uttar Pradesh government's Hindi Samiti, housed at the Rajarshi Purushottamdas Tandon Hindi Bhawan in Lucknow.
• The preface highlights the broad meaning of 'Dharma' as encompassing civilization, culture, ethics, lifestyle, customs, and life principles of a community, particularly emphasizing Hinduism's respect for other religions and cultures.
• The work is described as an encyclopedia of Hindu civilization, detailing concepts like Dharma, Dharmaśāstra, caste, varnas, duties, rights, rituals, ethics, sacrifices, charity, status, behavior, pilgrimage, vows, and time. It draws references from Vedas, Upanishads, Smritis, Puranas, Ramayana, and Mahabharata.

Key Sections and Themes Covered in the Provided Pages:

The table of contents and the initial chapters outline the vast scope of this volume, which focuses on:

1. Rajadharma (Royal Duty/Law): This section details the principles of governance and the duties of a ruler.
   • Introduction to Rajadharma: Discusses the ancient origins of discussions on royal duties, citing the Mahabharata (Shanti Parva) and Manusmriti as major sources. It mentions various ancient exponents of Rajadharma like Brihaspati, Bharadwaja, Shukra, and Kautilya. The term "Rajashastra," "Dandaniti," and "Arthashastra" are explored as synonyms for the science of governance.
   • The Seven Angas (Limbs/Constituents) of the State: Explains the classical Jain and Hindu concept of the seven essential parts of a kingdom: Swami (Sovereign/King), Amatya (Minister), Janapada or Rashtra (Territory and Population), Durga (Fortress/Capital), Kosha (Treasury), Danda (Army/Force), and Mitra (Ally). It elaborates on the importance of each 'prakriti' (nature/constituent) and their interdependence.
   • Duties and Responsibilities of the King: The text emphasizes the king's primary duty of protecting the subjects (Prajā-raksha). It highlights that the king is considered the creator of the age and responsible for the well-being and order of society. Kingship is often portrayed as divinely ordained, with kings embodying the attributes of various gods.
   • The Origin of Kingship: Discusses theories of kingship, including the concept of divine right, the social contract theory (implied in some contexts), and the need for a ruler to prevent "Matsya Nyaya" (the law of the fishes, where the strong prey on the weak). The text notes the evolution of kingship from elected positions to hereditary succession, while still acknowledging the people's consent in some traditions.
   • King's Control and Responsibilities: Explains the checks and balances on the king's power, including the influence of Dharmaśāstra, the council of ministers (Mantriparishad), and the ultimate right of the people to depose an unjust ruler. The text details the king's role in maintaining social order, upholding Dharma, protecting the weak, and promoting the welfare of the state and its people, often likening the king to a father figure.
   • Education of the Prince: Outlines the curriculum for royal princes, including studies in the three Vedas (Trayi), philosophy (Anvikshiki), economics (Varta), and political science (Dandaniti). It stresses the importance of discipline, ethics, and practical training.
   • Treasury (Kosha): Discusses the importance of a healthy treasury for the state's functioning, its sources of income (taxes, tributes), and the need for its careful management.
   • Army (Bala/Danda): Details the different types of armies (Mala, Bhruta, Shreni, Mitra, Amitra, Atavi), the comparison of their strengths, and the importance of military training and discipline. It touches upon various weapons and battlefield tactics.
   • Allies (Mitra): Explains the significance of alliances in statecraft, discussing different types of friends and the strategies for securing them.
   • Treaty (Shadgunya) and Diplomacy: Covers the six principles of foreign policy (Sandhi, Vigraha, Asana, Yana, Sansraya, Dvaidhibhava) and the strategic importance of diplomacy and treaties.
   • Fortress (Durga): Explains the importance of fortified cities and capital, detailing various types of fortresses (Oudaka, Parvata, Dhānvana, Vana) and their defensive features.
   • Chori (Steya) and Sahasa: Discusses the law and punishment related to theft and violent crimes.
   • Stridhana (Woman's Property): Touches upon the legal aspects related to a woman's property.
   • Bhukti (Enjoyment/Possession): Discusses the concept of possession and its legal implications for ownership.
   • Sakshi (Witness): Details the qualifications, disqualifications, and procedures for taking witness testimony in legal proceedings.
   • Divya (Ordeals): Explains various forms of divine or ordeals used to determine guilt or innocence when other evidence is lacking, such as weighing (Tula), fire ordeal (Agni), water ordeal (Jala), and poison ordeal (Vish).
   • Nirnaya (Judgment): Covers the final decision-making process in legal cases.
   • Samaya (Contracts/Agreements): Discusses various types of contracts, their validity, and breach of contract.
   • Vetana (Wages/Salary): Details regulations regarding wages, employment contracts, and disputes between employers and employees.
   • Abhyupetya-aushushrusha: Discusses cases where someone agrees to serve another and then fails to do so.
   • Swāmi-pāla Vivāda: Covers disputes between masters and their servants or guardians.

Methodology and Sources:

• The text draws heavily from ancient Indian texts, including the Vedas, Brahmanas, Upanishads, Smritis (like Manu, Yajnavalkya, Narada, Brihaspati, Gautam, Vasistha, Vishnu), Puranas, Epics (Ramayana, Mahabharata), and works on political science like Kautilya's Arthashastra and Kamandaka's Nitisara.
• It also refers to inscriptions and other historical records to support its claims and establish chronologies.
• The author acknowledges the difficulty in precisely dating ancient Indian texts and authors, often providing scholarly estimates.

Overall Impression:

This volume is a monumental work of scholarship, providing an exhaustive historical and textual analysis of Dharmaśāstra, with a particular focus on its application to governance and law. It meticulously examines the concepts, principles, and historical evolution of these subjects within the Indian tradition. The Hindi translation aims to make this vast knowledge accessible to a wider audience.