Parashar Smruti Part 02

This comprehensive summary is based on the provided text, which is identified as Parashar Smruti Part 02, authored by Madhavacharya and Chandrakant Tarkalankar, and published by The Asiatic Society. The catalog link provided is to Jainqq.org, which hosts a scanned copy of the book.

The provided text from the book primarily covers the Prāyaścitta Kāṇḍa (Chapter on Expiations/Penances) and begins to touch upon the Vyavahāra Kāṇḍa (Chapter on Civil Law/Procedure). It is a commentary by Madhavacharya on the Parāśara Smṛti, with an edition by Mahāmahopādhyāya Chandrakanta Tarkālaṅkāra.

Here's a breakdown of the key themes and content from the provided pages:

Overall Context:

• Title: Parāśara-Smṛti (with the gloss by Mādhavāchārya). Volumes II and III, consisting of the Prāyaścittakāṇḍa and Vyavahārakāṇḍa.
• Author of Commentary: Mādhavāchārya (also known as Vidyāranya), a celebrated scholar of the Southern school in the 14th century. He was the advisor to the kings of Vijayanagara and reinterpreted Dharmaśāstra texts according to the spirit of his age.
• Editor: Mahāmahopādhyāya Chandrakanta Tarkālaṅkāra.
• Publisher: The Asiatic Society.
• Significance: The text is considered an authority on Hindu Law, particularly in Southern and Western India. It's still studied as a basic textbook. The reprint edition aims to make this important treatise accessible again.

Key Themes and Content (Prāyaścitta Kāṇḍa - Chapters 4-11):

1. Nature of Prāyaścitta (Expiation):

   • The text begins by defining Prāyaścitta as a combination of tapas (austerity) and citta (resolve/determination) aimed at eradicating sin.
   • It discusses whether Prāyaścitta is nitya (daily), naimittika (occasional/conditional), or kāmya (desired/volitional). The consensus leans towards naimittika, performed when specific transgressions occur, but it can also have kāmya aspects (seeking specific benefits from expiation).

2. Causes of Sins (Papāni):

   • Sins are attributed to the uncontrolled nature of the senses (anigrahāc chrindriyānām).
   • Transgressions include failing to perform prescribed duties (vihināt sthāna anuṣṭhānāt) and engaging in forbidden actions (ninditasya ca sevanāt).
   • The text delves into the classification of sins, mentioning ati-pātakāni (major sins), mahāpātakāni (greatest sins), anupātakāni (minor sins), and prakīrṇaka (miscellaneous sins). Specific examples are given, such as killing a Brahmin, drinking alcohol, stealing gold, intercourse with the guru's wife (Brahmāhatyā, Surāpāna, Suvarṇa-haraṇa, Guru-dāra-gamana).

3. Classification of Sins and Corresponding Expiations:

   • The text details various categories of sins with specific atonements.
   • Prāyaścitta for offenses related to animals (especially Cows): A significant portion discusses punishments and expiations for various offenses against cows. This includes:
     • Killing a cow: The text details different expiations based on the circumstance (e.g., taptakṛcchra, prāyaścitta, pārāka, cāndrāyaṇa, and prescribed penances like fasting, drinking cow urine/milk/ghee, and donations).
     • Injuries to cows (breaking horns, bones, skin, etc.): Specific penances are prescribed for these.
     • Improper handling/housing of cows: Restrictions on tying them improperly, causing them distress, or leaving them in dangerous places are discussed, along with the associated expiations.
     • Specific situations like accidental injury or death while trying to protect cows are addressed.
   • Prāyaścitta for offenses related to humans:
     • Murder: Different penances are prescribed for killing Brahmins, Kshatriyas, Vaishyas, Shudras, and specific categories of people, often with variations for kāmataḥ (intentional) and akāmataḥ (unintentional) acts.
     • Unintentional sins: The concept of prasāda or anugraha from elders or wise individuals is mentioned as a form of atonement when carrying out penances becomes difficult.
     • Sins related to women: Strict rules and expiations are discussed for transgressions involving women, including those related to marital status, purity, and family relationships (e.g., intercourse with forbidden relatives, child marriage, widow remarriage, and the consequences of violating marital vows).
     • Offenses against family members: Sins related to parents, siblings, wives, and children are touched upon.
   • Prāyaścitta for breaking vows: Rules for violating certain vows and the resulting expiations are covered.
   • Prāyaścitta for specific impure actions: Rules for contact with impure substances or people (like candālas, śvakapāka), bathing after contact, and purification rituals are detailed.
   • Prāyaścitta for consuming forbidden food/drink: Extensive lists of forbidden items and the associated penances (like cāndrāyaṇa, taptakṛcchra) are provided.
   • Prāyaścitta for improper conduct in public/social settings: Rules related to eating with specific groups, maintaining purity, and performing rituals correctly.

4. Types of Penances:

   • The text frequently mentions specific penances like:
     • Prāyaścitta (general term for expiation)
     • Cāndrāyaṇa (a lunar penance)
     • Taptakṛcchra (a penance involving consuming specific substances like cow urine, dung, milk, curd, ghee, or water)
     • Kṛcchra (general term for difficult penance)
     • Mahā-kṛcchra
     • Pārāka (a severe fast)
     • Brahmakūrca (a specific penance involving cow products)
     • Fasting (upavāsa)
     • Japa (chanting mantras)
     • Homa (fire rituals)
     • Donations (dakṣiṇā)
     • Pilgrimage to holy places (tīrtha-yātrā)
     • Śraddha (ritual offering to ancestors)
     • Śiro-vapana (shaving the head)
     • Divya (ordeals like fire, water, poison, balance)
     • Vrata (vows)

5. Role of Scholars and Society:

   • The text emphasizes the importance of parisat (an assembly of learned Brahmins) in determining and guiding penances.
   • The need for righteousness, adherence to scriptural injunctions, and the role of guru and acharya in guiding individuals are highlighted.

6. Karma and Rebirth:

   • The text implicitly touches upon the concept of karma and rebirth through the discussion of consequences for sins (pātaka-vipāka). While not a primary focus in the provided excerpt, the framework of atonement suggests the belief in the need to purify oneself for future lives.

Key Themes and Content (Vyavahāra Kāṇḍa - Beginning of Chapter 12):

1. Introduction to Vyavahāra: The chapter introduces the concept of vyavahāra (civil law and disputes) as a critical aspect of maintaining societal order. It explains that vyavahāra is necessary when dharma (righteous conduct) is disrupted.
2. Sources of Law: Dharmaśāstra (scriptures), ācāra (customs), caritra (conduct/tradition), and rājāñjā (royal decree) are presented as sources for resolving disputes. The hierarchy among these sources is discussed, with śāstra generally taking precedence.
3. Court Procedure and Participants:
   • King/Ruler (Rājan): The king is presented as the ultimate arbiter of justice, responsible for maintaining order and upholding dharma.
   • Assembly (Sabhā): The court or assembly is described, including its requirements and location.
   • Judges/Assessors (Sabhyas): Learned individuals, often Brahmins with specific qualifications (catuśśāstra, śrutijñāna, vitarka), are required for judgment. Their number can vary (seven, five, three, or even one learned person).
   • Presiding Officer (Prāḍvivāka): This officer, often a Brahmin, plays a crucial role in conducting the proceedings, questioning parties, and ensuring adherence to dharma.
   • Scribes (Lekhaka): Responsible for recording proceedings and documents.
   • Accountants (Gaṇaka): Skilled in calculation and measurement.
   • Witnesses (Sākṣin): Their qualifications, reliability, and the process of deposing are discussed. Certain individuals are disqualified from testifying.
   • Parties to the dispute (Arthin, Pratyarthin): The plaintiff and defendant.
   • Evidence: Various forms of evidence are discussed, including documents (lekya), witnesses (sākṣin), possession (bhukti), customs (caritra), and ordeals (divya).
4. Types of Disputes (Vyavahāra Pada): The text begins to list and define different types of civil disputes, including:
   • Rṇādāna (Debts and Loans)
   • Pratibhū (Suretyship)
   • Nirikṣa (Deposits)
   • Vikraya (Sale)
   • Kraya (Purchase)
   • Sambandhavikraya (Sale of relationships/property associated with relationships)
   • Samaya-atyaya (Breach of Contract/Agreement)
   • Strī-pum-saṁyoga (Matrimonial Disputes/Issues related to marriage)
   • Dāyabhāga (Inheritance)
   • Vākpāruṣya (Defamation/Harsh Speech)
   • Daṇḍapāruṣya (Assault/Physical Injury)
   • Dūta (Messenger services/disputes related to envoys)
   • Prakīrṇaka (Miscellaneous matters not fitting other categories)
5. Ordeals (Divya): Different types of ordeals (agni, jala, viṣa, kośa, tula, tandula, taptamāṣa) are described as methods for determining guilt or innocence when evidence is inconclusive. The procedures and the qualifications of those who conduct them are also outlined.
6. Contracts and Agreements: The importance of written agreements (likhita) and witnesses (sākṣin) is stressed for validity.
7. Deterrence and Punishment: The text touches upon the role of the king in dispensing justice, including fines (daṇḍa) and punishments, with varying severity based on the offense and the social status of the individuals involved.

Overall Scope: The provided text is a detailed exposition of Jain legal and ethical principles as interpreted through the lens of ancient Indian Dharmaśāstras, specifically the Parāśara Smṛti as commented upon by Madhavacharya. It offers insights into societal norms, penal practices, and the philosophical underpinnings of religious and legal duties in ancient India.

This summary is based solely on the provided pages and the title/author information. A complete understanding would require access to and analysis of the entire work.