Jaina Law Bhadrabahu Samhita

The provided text is the preface and introduction to The Jaina Law of Inheritance and Partition, also known as the Bhadrabahu Samhita, edited and translated by J. L. Jaini. The document primarily focuses on establishing the distinctness and authority of Jaina law, differentiating it from Hindu law, and highlighting the historical challenges in its recognition by legal systems.

Here's a comprehensive summary of the key points:

Core Purpose and Authority:

• Addressing a Need: The book aims to fill a significant gap by providing an authoritative Jaina law text, specifically on inheritance and partition, which was previously lacking in courts and legal discourse. This absence led to misinterpretations and the imposition of Hindu law on Jaina community matters.
• Ancient Origins: The Bhadrabahu Samhita is presented as a text of immense antiquity, potentially dating back to around 340-365 BCE, making it almost as old as Lord Mahavira himself and therefore carrying unparalleled authority within Jainism.
• Authoritative Author: Bhadrabahu Svami is described as a towering and heroic figure in Jaina history, a contemporary and revered preceptor of Chandragupta Maurya.

Key Arguments for Jaina Law's Distinctness:

• Theological and Moral Basis: Jaina law, like any legal system, is rooted in its unique theological and moral teachings. Jainism's fundamental differences from Brahmanical traditions (e.g., belief in a creator God, the nature of souls) necessitate a distinct legal framework.
• Rejection of Hindu Law: The document strongly refutes the notion that Jainas are merely Hindu dissenters or that Jaina law is a derivative of Hindu law. It argues that Jainism predates and is independent of Hinduism. The practice of Brahmins officiating at Jaina ceremonies or Jainas adopting some Hindu customs is attributed to social imitation and lack of accessible Jaina texts, not to an inherent legal or theological linkage.
• Historical Misconceptions: The text debunks common misconceptions about Jainism's origins and its relationship with Hinduism and Buddhism, stating it's not a compromise but an independent and ancient tradition.
• Fundamental Differences in Principles: Jaina law is shaped by core Jaina principles like Ahimsa (non-violence), the unlimited capacity of the soul for evolution, the eternal nature of the universe, and compassion (Daya). These principles lead to legal rules that can be fundamentally opposed to Hindu law, particularly in areas like adoption. The example given is the differing rationale for adoption in Hinduism (saving the soul from hell) versus Jainism (where individual karma determines destiny).

Challenges in Legal Recognition and Practical Implications:

• "Ignorance and Idleness" of Courts: The prevalent judicial practice of assuming Jainas are governed by Hindu law is attributed to the lack of accessible Jaina law texts and the difficulty of proving Jaina customs. This led to courts applying Hindu law under the guise of "justice, equity, and good conscience."
• Practical Disadvantages for Jainas: The imposition of Hindu law has led to the denial of Jaina rights, arbitrary findings, and misrepresentations, causing "havoc" to Jaina customs and interests.
• The Struggle for Recognition: The text highlights a history of litigation where Jaina law and custom were asserted, often inconsistently. While some cases saw triumphs for Jaina law based on specific customs, others incorrectly applied Hindu law.
• Need for Exhibiting Jaina Law: The author emphasizes that the error in courts has persisted because Jaina law, though not non-existent, was not "exhibited" or made known.
• Commonality with Hindus: The author acknowledges that due to shared geographical and cultural contexts, Jainas and some Hindu groups share common customs, inter-dining, and even inter-marriages, which can lead to the mistaken assumption that Jaina law is identical to Hindu law.

Key Features of Jaina Law as Presented:

• Law and Morality Intertwined: In its early stages, Jaina law, like other ancient systems, closely mixes religious observances, moral codes, and legal rules.
• Patria Potestas with Modifications: A form of paternal authority exists, but it's less rigid than Roman law and emphasizes persuasion and family councils over absolute power.
• Freedom and Personality of Children: The text touches upon the Kantian idea that children are endowed with freedom and personality from birth, not mere property of parents.
• No Testamentary Power Recognized (Implicitly for Ancestral Property): The text notes that no testamentary power is recognized, implying limitations, particularly concerning ancestral property. (This is further elaborated in the judgment in Appendix B).
• Recognition of Intermarriages and Varna System: The Samhita recognizes intermarriages and the varna system, distinguishing it from the more rigid caste system and suggesting it was based more on occupation.
• Women's Position: Women hold a high, though subordinate, position. They are co-actors in juristic acts, succeed to husband's property over the husband's mother, and have their own Stridhana (woman's property) that is inviolable.
• Classification of Sons: The text details various classifications of sons, including Aurasa (biological), Dattaka (adopted), Kreeta (bought), Sauta (grandson), Sahodara (brother), and Upmata (foundling), with distinctions made regarding their eligibility for inheritance and oblation ceremonies.
• Stridhana: Five types of Stridhana are described, which are generally protected from confiscation except in extreme distress or for religious purposes.

The Specifics of the Bhadrabahu Samhita Chapters Translated:

• The book translates chapters on Inheritance and Partition.
• It aims to resolve family disputes by suppressing negative emotions like anger, pride, deceit, and greed.
• It covers rules regarding the division of property among brothers, the rights of daughters and widows, adoption procedures, and the inheritance of various types of property.
• It differentiates between movable (jangama) and immovable (sthåvara) property.
• It addresses the shares of sons from mothers of different varnas (castes), and the succession rights of adopted sons, daughters, and their descendants.

Appendix B - The Indore High Court Judgment:

• This section details a specific Jaina legal case heard in the Indore High Court.
• It confirms the arguments made in the preface: Jainas are not governed by Hindu Law per se but by their own Jaina Law and customs, which must be proven.
• It extensively analyzes the historical context of legal recognition for Jaina law and discusses the nature of evidence required to prove customs.
• Crucially, it upholds the rights of a Jaina widow, particularly a childless one, to alienate her husband's property, including ancestral property, based on Jaina Law texts like the Bhadrabahu Samhita, Arhana Niti, and Vardhamana Niti, and community usage. The judgment asserts that Jaina widows have broader powers than those typically recognized under Hindu law.

In essence, The Jaina Law of Inheritance and Partition (Bhadrabahu Samhita) is presented as a foundational text for understanding and asserting the distinct and authoritative legal framework of Jainism, aiming to rectify past misinterpretations and ensure justice for the Jaina community by establishing its unique legal traditions.