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Vyavahāra

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155-508: Vyavahāra ( Sanskrit : व्यवहार ) is an important concept of Hindu law denoting legal procedure. The term is analyzed by Kātyāyana as follows: "Vi means ‘various,’ ava means ‘doubt,’ hara is ‘removal’; legal procedure is called by the term vyavahāra because ‘it removes various doubts.’” Kane defines it as follows: "When the ramifications of right conduct, that are together called dharma and that can be established with efforts (of various kinds such as truthful speech, etc.) have been violated,

310-615: A boat that carried the Vedas, Manu's family and the seven sages to safety, helped by Matsya. The tale is repeated with variations in other texts, including the Mahabharata and a few other Puranas . There are fourteen Manus that rule in succession during each Kalpa (day of Brahma ). The current Kalpa has the following Manus: The first Manu . He was the mind born son of the god Brahma , and husband of Shatarupa . He had three daughters, namely Akuti, Devahuti and Prasuti. Devahuti

465-427: A cow, corn, Sũrya, Agni, an elephant’s shoulder, a horse’s back, the box of a chariot, or weapons, or by their son or grandson. One should select different (oaths) according to their caste.” For example, a kșastriya would swear by his chariot or gold, a vaiśya by his cows, seeds, or gold, etc. While oaths should be administered in small cases, ordeals should be reserved for heavier crimes. According to Kātyāyana, “When

620-472: A dead language in the most common usage of the term. Pollock's notion of the "death of Sanskrit" remains in this unclear realm between academia and public opinion when he says that "most observers would agree that, in some crucial way, Sanskrit is dead." Manu (Hinduism) Manu ( Sanskrit : मनु ) is a term found with various meanings in Hinduism . In early texts, it refers to the archetypal man, or

775-460: A deposition suo motu (witness comes and speaks on his own accord without having been appointed), and a witness of intervening death (witness died before trial). Once a witness is determined to be competent, the chief judge should question them one-by-one, in front of the plaintiff and defendant, beginning with the plaintiff's witnesses. Manu explains the proceedings as follows: Manu: “In the morning (the judge), after being purified himself, shall ask

930-433: A focus on Indian philosophies and Sanskrit. Though written in a number of different scripts, the dominant language of Hindu texts has been Sanskrit. It or a hybrid form of Sanskrit became the preferred language of Mahayana Buddhism scholarship; for example, one of the early and influential Buddhist philosophers, Nagarjuna (~200 CE), used Classical Sanskrit as the language for his texts. According to Renou, Sanskrit had

1085-407: A friendly way. Therefore he is said to be the prādvivāka (=chief judge)." The Smṛti of Kātyāyana states that, “ The chief judge and the sabhyas were not to hold conversation in private with any one of the litigants while the suit was pending and if they did so they were liable to be fined.” . If a decision is given that is against the smṛti and usage, through friendship, greed or fear, each

1240-416: A hundred coins because you borrowed them from me” a reply by way of denial would respond with, “I do not owe you a hundred coins.” In this circumstance, the defendant is denying that he ever borrowed the coins at all. A reply by way of exception to the plaint, “You owe me a hundred coins because you borrowed them from me” would be “I do not owe you a hundred coins, since I paid them back,” or “I do not owe you

1395-402: A hundred coins, since I received them as a gift.” In the first instance, the defendant is agreeing with the plaint that he had borrowed a hundred coins, but he raises an exception (“I paid them back”), and therefore does not owe the plaintiff the money. In the second example, the defendant denies that he ever borrowed a hundred coins but received them in another way and thus does not owe them. If

1550-591: A language competed with numerous, less exact vernacular Indian languages called Prakritic languages ( prākṛta - ). The term prakrta literally means "original, natural, normal, artless", states Franklin Southworth . The relationship between Prakrit and Sanskrit is found in Indian texts dated to the 1st millennium CE. Patañjali acknowledged that Prakrit is the first language, one instinctively adopted by every child with all its imperfections and later leads to

1705-658: A limited role in the Theravada tradition (formerly known as the Hinayana) but the Prakrit works that have survived are of doubtful authenticity. Some of the canonical fragments of the early Buddhist traditions, discovered in the 20th century, suggest the early Buddhist traditions used an imperfect and reasonably good Sanskrit, sometimes with a Pali syntax, states Renou. The Mahāsāṃghika and Mahavastu, in their late Hinayana forms, used hybrid Sanskrit for their literature. Sanskrit

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1860-432: A long time), by an oath, by a royal decree, or by reconciliation of the parties. Nārada classifies the decisions in a different way, differentiating between sacred law, positive law, custom, and royal decrees. Sacred law refers to a decision in which “a case has been duly investigated, decided in accordance with circumstance, and examined by means of oaths, it should be known as a decision by the sacred law.” Positive law , on

2015-454: A natural part of the earliest Vedic language, and that these developed in the centuries after the composition had been completed, and as a gradual unconscious process during the oral transmission by generations of reciters. The primary source for this argument is internal evidence of the text which betrays an instability of the phenomenon of retroflexion, with the same phrases having sandhi-induced retroflexion in some parts but not other. This

2170-479: A negative evidence to Pollock's hypothesis, but it is not positive evidence. A closer look at Sanskrit in the Indian history after the 12th century suggests that Sanskrit survived despite the odds. According to Hanneder, On a more public level the statement that Sanskrit is a dead language is misleading, for Sanskrit is quite obviously not as dead as other dead languages and the fact that it is spoken, written and read will probably convince most people that it cannot be

2325-546: A pan-Indo-Aryan accessibility to information and knowledge in the ancient and medieval times, in contrast to the Prakrit languages which were understood just regionally. It created a cultural bond across the subcontinent. As local languages and dialects evolved and diversified, Sanskrit served as the common language. It connected scholars from distant parts of South Asia such as Tamil Nadu and Kashmir, states Deshpande, as well as those from different fields of studies, though there must have been differences in its pronunciation given

2480-578: A party.” Yājñavalkya elaborates, explaining “[w]itnesses should be ascetics, liberally disposed, of good family, speaking truth, eminent in the sacred law, honest, having a son, well to do.” A witness can be considered incompetent in a number of ways including: on account of a text (brāhmanas, devotees, ascetics, and aged people should not be summoned as witnesses due to their figuring in authoritative texts), because of viciousness (no truth can be found in witnesses who are thieves, violent people, etc.), because of discord (if witnesses’ statements are contradictory),

2635-547: A prefix, but refers to the first Manu – Svayambhuva, the spiritual son of Brahma . In the Hindu cosmology , each kalpa consists of fourteen Manvantaras , and each Manvantara is headed by a different Manu. The current universe, is asserted to be ruled by the 7th Manu named Vaivasvata . Vaivasvata was the king of Dravida before the great flood . He was warned of the flood by the Matsya ( fish ) avatar of Vishnu , and built

2790-578: A refined and standardized grammatical form that emerged in the mid-1st millennium BCE and was codified in the most comprehensive of ancient grammars, the Aṣṭādhyāyī ('Eight chapters') of Pāṇini . The greatest dramatist in Sanskrit, Kālidāsa , wrote in classical Sanskrit, and the foundations of modern arithmetic were first described in classical Sanskrit. The two major Sanskrit epics, the Mahābhārata and

2945-538: A restrained language from which archaisms and unnecessary formal alternatives were excluded". The Classical form of the language simplified the sandhi rules but retained various aspects of the Vedic language, while adding rigor and flexibilities, so that it had sufficient means to express thoughts as well as being "capable of responding to the future increasing demands of an infinitely diversified literature", according to Renou. Pāṇini included numerous "optional rules" beyond

3100-425: A short interval of time. If he weighs less the second time, he is considered innocent; if he weighs equally or more, he is declared guilty. In the ordeal of fire, the person has to walk a certain distance carrying a red-hot iron ball in his hand. If his hand is not injured at the end of the day, he is innocent. In the ordeal of the grains of rice, the person has to swallow and spit out grains of rice which have undergone

3255-439: A similar phonetic structure to Tamil. Hock et al. quoting George Hart state that there was influence of Old Tamil on Sanskrit. Hart compared Old Tamil and Classical Sanskrit to arrive at a conclusion that there was a common language from which these features both derived – "that both Tamil and Sanskrit derived their shared conventions, metres, and techniques from a common source, for it is clear that neither borrowed directly from

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3410-521: A special treatment. He is declared guilty if, when spitting out the grains, his saliva is mixed with blood. The ordeal to be administered is selected “according to the nature of the crime, according to the status of the individual who is to undergo it, and according to the time when the ordeal is to be administered.” Vyāsa describes the following kinds of decisions: by valid means of proof (document, witnesses, possession), by motives (inferences and logical speculation), by customs (local rules established for

3565-458: A suit was decided. The King or Kṣatriya has the responsibility of overseeing legal procedure and then enforcing their results. According to Nārada , "The king is the assistant of the sacred law when two people are engaged in a lawsuit; he should investigate cases accurately, free from affection or hatred." For the King, vyavahāra is part of his personal caste dharma . In the section on laws for

3720-428: A title, it must be of longstanding, uninterrupted, not claimed by others, and held in the presence of the other party.” If a title (property) accompanies the ownership, the possession and the title need to be produced simultaneously, and if there is no title, the possession needs to be of longstanding. Although texts disagree about how much time someone has to have possession of something before they have ownership of it,

3875-610: A total of 14. The texts ascribed to the Svayambhuva Manu include Manava Grihyasutra , Manava Sulbasutra and Manava Dharmashasta ( Manusmṛti or "rules of Manu"). Jain theology mentions the 14th patriarch named Nabhiraja , mentioning him also as Manu. This, state scholars, links Jain tradition to Hindu legends, because the 14 patriarchs in Jain tradition are similar to the 14 Manus in Hindu legends. The Manu of Jainism

4030-417: A wager and the opposing party does not, and the waging litigant is successful in the case, the defeated litigant need only pay the fine for the crime, not the wager. In a sense, a wager can be seen as a form of evidence; if a defendant wages his entire estate in his defense, he must be certain of his innocence. Additionally, a wager is only considered legitimate if it is articulated in a written agreement between

4185-417: A witness speaks the truth in s deposition, he reaches the most magnificent worlds, and here he obtains an unsurpassed fame; such a speech is created by Brahman.” Witnesses who give false statements on the stand, however, reach “the same worlds as the perpetrators of sins and minor sins, incendiaries, and the murderers of women and children.” Additionally, false witnesses should serve a punishment twice as high as

4340-711: Is a classical language belonging to the Indo-Aryan branch of the Indo-European languages . It arose in South Asia after its predecessor languages had diffused there from the northwest in the late Bronze Age . Sanskrit is the sacred language of Hinduism , the language of classical Hindu philosophy , and of historical texts of Buddhism and Jainism . It was a link language in ancient and medieval South Asia, and upon transmission of Hindu and Buddhist culture to Southeast Asia, East Asia and Central Asia in

4495-519: Is a probandum, i.e. “of something that deserves to be proved, of a quality-bearer characterized by qualities that deserve to be demonstrated. Thus, it means: a valid plaint is an utterance of (the plaintiff’s) own opinion.” The valid plaint must be 1) free from the defects of the statement, 2) provided with a valid cause, 3) definite, 4) in accordance with common practice, 5) concisely worded, 6) explicit, 7) free from doubts, 8) free from contradictory causes, 9) capable of meeting opposing arguments. Therefore,

4650-516: Is akin to that of Latin and Ancient Greek in Europe. Sanskrit has significantly influenced most modern languages of the Indian subcontinent , particularly the languages of the northern, western, central and eastern Indian subcontinent. Sanskrit declined starting about and after the 13th century. This coincides with the beginning of Islamic invasions of South Asia to create, and thereafter expand

4805-416: Is also sometimes accompanied by a legal wager , or paņa. A legal proceeding is attended with a wager if “before writing down the plaint, a wager is placed like this: ‘The one who is defeated here will give so much to the winner by way of punishment.’" If the litigant who places a wager loses the case, he must pay both the wager amount they placed and the punishment for the crime. However, if one litigant places

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4960-452: Is found in the writing of Bharata Muni , the author of the ancient Natya Shastra text. The early Jain scholar Namisādhu acknowledged the difference, but disagreed that the Prakrit language was a corruption of Sanskrit. Namisādhu stated that the Prakrit language was the pūrvam ('came before, origin') and that it came naturally to children, while Sanskrit was a refinement of Prakrit through "purification by grammar". Sanskrit belongs to

5115-406: Is not in accord with the law), one quarter each on the witnesses, the sabhyas and the kings. Additionally, a judge were to be banished (1) if they utter injustice, (2) if they live on bribery, or (3) if they betray other people’s confidence. “A false judge, a false witness, and the murderer of a brahmana are said to be equally deep in guilt.” There are four parts of Hindu legal procedure: A plaint

5270-420: Is not valid when it is not connected with the subject, when it is too concise, when it is too broad, and when it pervades only part of the thesis.” There are four types of reply in Hindu law procedure: A reply by confession is when the defendant agrees with the plaint, i.e. if the plaint is, “You owe me a hundred coins” and the reply is, “Yes I do.” Some argue that a confession makes the plaint invalid; if someone

5425-532: Is rare in the later version of the language. The Homerian Greek, like Ṛg-vedic Sanskrit, deploys simile extensively, but they are structurally very different. The early Vedic form of the Sanskrit language was far less homogenous compared to the Classical Sanskrit as defined by grammarians by about the mid-1st millennium BCE. According to Richard Gombrich—an Indologist and a scholar of Sanskrit, Pāli and Buddhist Studies—the archaic Vedic Sanskrit found in

5580-479: Is taken along with evidence of controversy, for example, in passages of the Aitareya-Āraṇyaka (700 BCE), which features a discussion on whether retroflexion is valid in particular cases. The Ṛg-veda is a collection of books, created by multiple authors. These authors represented different generations, and the mandalas 2 to 7 are the oldest while the mandalas 1 and 10 are relatively the youngest. Yet,

5735-512: Is that of a document, which is considered more reliable evidence than witness testimony. There are two types of documents as prescribed by vyavahāra: public and private documents. The two major forms of public documents (although there are more) are official grants of land or the like, and documents of success (delivered by the king to the victorious party in a lawsuit). These documents, due to their official nature, do not need to meet many criterion to be taken as reliable evidence. Private documents, on

5890-589: Is the predominant language of one of the largest collection of historic manuscripts. The earliest known inscriptions in Sanskrit are from the 1st century BCE, such as the Ayodhya Inscription of Dhana and Ghosundi-Hathibada (Chittorgarh) . Though developed and nurtured by scholars of orthodox schools of Hinduism, Sanskrit has been the language for some of the key literary works and theology of heterodox schools of Indian philosophies such as Buddhism and Jainism. The structure and capabilities of

6045-399: Is trying to prove something that the defendant agrees to be true, the plaintiff's statement suffers from the defect of siddha-sādhana (proving what is proved) Others, such as Vācaspati , disagree, arguing that the point of judicial procedure is the establishment of truth, and a plaint responded to with a confession serves this purpose. Following with the previous plaint example of “You owe me

6200-540: The Bhagavata Purana , the Panchatantra and many other texts are all in the Sanskrit language. The Classical Sanskrit with its exacting grammar was thus the language of the Indian scholars and the educated classes, while others communicated with approximate or ungrammatical variants of it as well as other natural Indian languages. Sanskrit, as the learned language of Ancient India, thus existed alongside

6355-580: The Dalai Lama , the Sanskrit language is a parent language that is at the foundation of many modern languages of India and the one that promoted Indian thought to other distant countries. In Tibetan Buddhism, states the Dalai Lama, Sanskrit language has been a revered one and called legjar lhai-ka or "elegant language of the gods". It has been the means of transmitting the "profound wisdom of Buddhist philosophy" to Tibet. The Sanskrit language created

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6510-613: The Indo-European family of languages . It is one of the three earliest ancient documented languages that arose from a common root language now referred to as Proto-Indo-European : Other Indo-European languages distantly related to Sanskrit include archaic and Classical Latin ( c. 600 BCE–100 CE, Italic languages ), Gothic (archaic Germanic language , c.  350 CE ), Old Norse ( c. 200 CE and after), Old Avestan ( c.  late 2nd millennium BCE ) and Younger Avestan ( c. 900 BCE). The closest ancient relatives of Vedic Sanskrit in

6665-753: The Rigveda had already evolved in the Vedic period, as evidenced in the later Vedic literature. Gombrich posits that the language in the early Upanishads of Hinduism and the late Vedic literature approaches Classical Sanskrit, while the archaic Vedic Sanskrit had by the Buddha 's time become unintelligible to all except ancient Indian sages. The formalization of the Saṃskṛta language is credited to Pāṇini , along with Patañjali's Mahābhāṣya and Katyayana's commentary that preceded Patañjali's work. Panini composed Aṣṭādhyāyī ('Eight-Chapter Grammar'), which became

6820-532: The Rigveda , a collection of 1,028 hymns composed between 1500 BCE and 1200 BCE by Indo-Aryan tribes migrating east from the mountains of what is today northern Afghanistan across northern Pakistan and into northwestern India. Vedic Sanskrit interacted with the preexisting ancient languages of the subcontinent, absorbing names of newly encountered plants and animals; in addition, the ancient Dravidian languages influenced Sanskrit's phonology and syntax. Sanskrit can also more narrowly refer to Classical Sanskrit ,

6975-531: The Rāmāyaṇa , however, were composed in a range of oral storytelling registers called Epic Sanskrit which was used in northern India between 400 BCE and 300 CE, and roughly contemporary with classical Sanskrit. In the following centuries, Sanskrit became tradition-bound, stopped being learned as a first language, and ultimately stopped developing as a living language. The hymns of the Rigveda are notably similar to

7130-399: The burden of proof is upon the defendant. In the case of a denial, it's upon the plaintiff, and if there was a confession, there is no burden. The burden is on the plaintiff in the case of a denial because asking the defendant to prove this would be asking him to prove a negative, i.e. prove he did NOT borrow the coins. The burden should be upon a party to prove a positive aspect, i.e. proving

7285-461: The dharmaśāstras includes: court, listening to and assessing witnesses and their testimony, deciding and enforcing punishment, and the pursuit of Justice in the face of Injustice. Davis later quotes the Nāradasmṛti in an attempt to answer the question why legal procedure came about in the Hindu tradition. The text states, “When men had dharma as their only focus and were speakers of the truth, there

7440-406: The sandhi rules, both internal and external. Quite many words found in the early Vedic Sanskrit language are never found in late Vedic Sanskrit or Classical Sanskrit literature, while some words have different and new meanings in Classical Sanskrit when contextually compared to the early Vedic Sanskrit literature. Arthur Macdonell was among the early colonial era scholars who summarized some of

7595-500: The verbal adjective sáṃskṛta- is a compound word consisting of sáṃ ('together, good, well, perfected') and kṛta - ('made, formed, work'). It connotes a work that has been "well prepared, pure and perfect, polished, sacred". According to Biderman, the perfection contextually being referred to in the etymological origins of the word is its tonal—rather than semantic—qualities. Sound and oral transmission were highly valued qualities in ancient India, and its sages refined

7750-414: The 13th century, a premier center of Sanskrit literary creativity, Sanskrit literature there disappeared, perhaps in the "fires that periodically engulfed the capital of Kashmir" or the "Mongol invasion of 1320" states Pollock. The Sanskrit literature which was once widely disseminated out of the northwest regions of the subcontinent, stopped after the 12th century. As Hindu kingdoms fell in the eastern and

7905-532: The 7th century where he established a major center of learning and language translation under the patronage of Emperor Taizong. By the early 1st millennium CE, Sanskrit had spread Buddhist and Hindu ideas to Southeast Asia, parts of the East Asia and the Central Asia. It was accepted as a language of high culture and the preferred language by some of the local ruling elites in these regions. According to

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8060-425: The Classical Sanskrit language launched ancient Indian speculations about "the nature and function of language", what is the relationship between words and their meanings in the context of a community of speakers, whether this relationship is objective or subjective, discovered or is created, how individuals learn and relate to the world around them through language, and about the limits of language? They speculated on

8215-532: The Dravidian languages borrowed from Sanskrit vocabulary, but they have also affected Sanskrit on deeper levels of structure, "for instance in the domain of phonology where Indo-Aryan retroflexes have been attributed to Dravidian influence". Similarly, Ferenc Ruzca states that all the major shifts in Indo-Aryan phonetics over two millennia can be attributed to the constant influence of a Dravidian language with

8370-521: The Dravidian words and forms, without modifying the word order; but the same thing is not possible in rendering a Persian or English sentence into a non-Indo-Aryan language. Shulman mentions that "Dravidian nonfinite verbal forms (called vinaiyeccam in Tamil) shaped the usage of the Sanskrit nonfinite verbs (originally derived from inflected forms of action nouns in Vedic). This particularly salient case of

8525-476: The Indo-Aryan language underwent rapid linguistic change and morphed into the Vedic Sanskrit language. The pre-Classical form of Sanskrit is known as Vedic Sanskrit . The earliest attested Sanskrit text is the Rigveda , a Hindu scripture from the mid- to late-second millennium BCE. No written records from such an early period survive, if any ever existed, but scholars are generally confident that

8680-519: The Indo-European languages are the Nuristani languages found in the remote Hindu Kush region of northeastern Afghanistan and northwestern Himalayas, as well as the extinct Avestan and Old Persian – both are Iranian languages . Sanskrit belongs to the satem group of the Indo-European languages. Colonial era scholars familiar with Latin and Greek were struck by the resemblance of

8835-532: The Muslim rule in the form of Sultanates, and later the Mughal Empire . Sheldon Pollock characterises the decline of Sanskrit as a long-term "cultural, social, and political change". He dismisses the idea that Sanskrit declined due to "struggle with barbarous invaders", and emphasises factors such as the increasing attractiveness of vernacular language for literary expression. With the fall of Kashmir around

8990-496: The Muslim rulers. Hindu rulers such as Shivaji of the Maratha Empire , reversed the process, by re-adopting Sanskrit and re-asserting their socio-linguistic identity. After Islamic rule disintegrated in South Asia and the colonial rule era began, Sanskrit re-emerged but in the form of a "ghostly existence" in regions such as Bengal. This decline was the result of "political institutions and civic ethos" that did not support

9145-487: The Satyakas, Haris, Viras and others were demigods, the seven great saints were headed by Jyotirdhama, and Trisikha became Indra. Harimedha begot a son named Hari, who was the incarnation of Vishnu for this Manvantara, by his wife Harini. Hari was born to liberate the devotee Gajendra . Saptarshis list: Hirannyaroma, Vedasrí, Urddhabahu, Vedabahu, Sudhaman, Parjanya, and Mahámuni. In Raivata-manvantara, Lord Vishnu's avatar

9300-499: The Saṃskṛta language, both in its vocabulary and grammar, to the classical languages of Europe. In The Oxford Introduction to Proto-Indo-European and the Proto-Indo-European World , Mallory and Adams illustrate the resemblance with the following examples of cognate forms (with the addition of Old English for further comparison): The correspondences suggest some common root, and historical links between some of

9455-638: The South India, such as the great Vijayanagara Empire , so did Sanskrit. There were exceptions and short periods of imperial support for Sanskrit, mostly concentrated during the reign of the tolerant Mughal emperor Akbar . Muslim rulers patronized the Middle Eastern language and scripts found in Persia and Arabia, and the Indians linguistically adapted to this Persianization to gain employment with

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9610-447: The Vedic Sanskrit in these books of the Ṛg-veda "hardly presents any dialectical diversity", states Louis Renou – an Indologist known for his scholarship of the Sanskrit literature and the Ṛg-veda in particular. According to Renou, this implies that the Vedic Sanskrit language had a "set linguistic pattern" by the second half of the 2nd millennium BCE. Beyond the Ṛg-veda, the ancient literature in Vedic Sanskrit that has survived into

9765-451: The Vedic Sanskrit's bahulam framework, to respect liberty and creativity so that individual writers separated by geography or time would have the choice to express facts and their views in their own way, where tradition followed competitive forms of the Sanskrit language. The phonetic differences between Vedic Sanskrit and Classical Sanskrit, as discerned from the current state of the surviving literature, are negligible when compared to

9920-511: The Vyavahārapadas. Vyavahārapada means "the topic or subject matter of litigation or dispute." Manu (Hinduism) divided the vyavahārapadas into eighteen titles of law. Manu acknowledged that "the enumeration of the 18 vyavahārapadas was a matter of a convenient arrangement and that the number 18 did not embrace all disputes whatever but only the largest number of disputes and the most important among them." The eighteen titles of law include "(i)

10075-459: The alphabet, the structure of words, and its exacting grammar into a "collection of sounds, a kind of sublime musical mold" as an integral language they called Saṃskṛta . From the late Vedic period onwards, state Annette Wilke and Oliver Moebus, resonating sound and its musical foundations attracted an "exceptionally large amount of linguistic, philosophical and religious literature" in India. Sound

10230-440: The capacity to understand the old Prakrit languages such as Ardhamagadhi . A section of European scholars state that Sanskrit was never a spoken language. However, evidences shows that Sanskrit was a spoken language, essential for oral tradition that preserved the vast number of Sanskrit manuscripts from ancient India. The textual evidence in the works of Yaksa, Panini, and Patanajali affirms that Classical Sanskrit in their era

10385-442: The case after delivering a reply by way of denial, exception, or former judgment should pay the disputed amount to the plaintiff and an equal amount to the king. If the defendant wins, the plaintiff should pay a fine twice as high as the amount mentioned in the plaint. In the case of a confession, the defendant pays half the fine he would pay if he had denied the plaint and was defeated. Certain guidelines must be followed in determining

10540-527: The close relationship between the Indo-Iranian tongues and the Baltic and Slavic languages , vocabulary exchange with the non-Indo-European Uralic languages , and the nature of the attested Indo-European words for flora and fauna. The pre-history of Indo-Aryan languages which preceded Vedic Sanskrit is unclear and various hypotheses place it over a fairly wide limit. According to Thomas Burrow, based on

10695-614: The context of a speech or language, is found in verses 5.28.17–19 of the Ramayana . Outside the learned sphere of written Classical Sanskrit, vernacular colloquial dialects ( Prakrits ) continued to evolve. Sanskrit co-existed with numerous other Prakrit languages of ancient India. The Prakrit languages of India also have ancient roots and some Sanskrit scholars have called these Apabhramsa , literally 'spoiled'. The Vedic literature includes words whose phonetic equivalent are not found in other Indo-European languages but which are found in

10850-653: The crystallization of Classical Sanskrit. As in this period the Indo-Aryan tribes had not yet made contact with the inhabitants of the South of the subcontinent, this suggests a significant presence of Dravidian speakers in North India (the central Gangetic plain and the classical Madhyadeśa) who were instrumental in this substratal influence on Sanskrit. Extant manuscripts in Sanskrit number over 30 million, one hundred times those in Greek and Latin combined, constituting

11005-474: The defendant DID borrow the coins. Human trials produce evidence including witnesses, documents, and possession, and divine trials involve oaths and ordeals administered to the defendant. In a trial, there can be a minimum of three witnesses and a maximum of nine. A competent witness is explained by Manu: “Householders, those who have a son, those born of an indigenous family, whether satriyas, vaishyas, or shudras, are competent witnesses if they are produced by

11160-493: The demigods are the Adityas, Vasus, Rudras, Visvedevas, Maruts, Asvini-kumaras and Rbhus. The king of heaven, Indra, is known as Purandara , and the seven sages are known as Jamadagni, Kashyapa, Atri, Vashista, Gautama, Agastya and Bharadwaja Saptarshis list: Diptimat, Galava, Parasurama , Kripa , Drauni or Ashwatthama , Vyasa , and Rishyasringa . In Savarnya-manvantara, Lord Vishnu's avatar will be called Sarvabhauma. In

11315-467: The detailed and sophisticated treatise then transmitted it through his students. Modern scholarship generally accepts that he knew of a form of writing, based on references to words such as Lipi ('script') and lipikara ('scribe') in section 3.2 of the Aṣṭādhyāyī . The Classical Sanskrit language formalized by Pāṇini, states Renou, is "not an impoverished language", rather it is "a controlled and

11470-471: The differences between the Vedic and Classical Sanskrit. Louis Renou published in 1956, in French, a more extensive discussion of the similarities, the differences and the evolution of the Vedic Sanskrit within the Vedic period and then to the Classical Sanskrit along with his views on the history. This work has been translated by Jagbans Balbir. The earliest known use of the word Saṃskṛta (Sanskrit), in

11625-402: The dispute (in a court between parties) which springs from what is sought to be proved (such as debt), is said to be vyavahāra." According to Donald Davis, “There are two basic meanings of vyavahāra. The first is a general sense of practice, business, or everyday transactions. The other, specific sense is legal procedure, the processes of litigation including a trial.” Legal procedure according to

11780-460: The distant major ancient languages of the world. The Indo-Aryan migrations theory explains the common features shared by Sanskrit and other Indo-European languages by proposing that the original speakers of what became Sanskrit arrived in South Asia from a region of common origin, somewhere north-west of the Indus region , during the early 2nd millennium BCE. Evidence for such a theory includes

11935-438: The document. Additionally, the content of the document needs to be very descriptive. It needs to clearly indicate the nature of the subject and describe details of all persons involved and bear the exact date and place of the transaction. The third mode of human evidence is possession, and it is considered a much surer means of proof than the other two. In order for possession to serve as adequate evidence, “it must be supported by

12090-490: The early medieval era, it became a language of religion and high culture , and of the political elites in some of these regions. As a result, Sanskrit had a lasting impact on the languages of South Asia, Southeast Asia and East Asia, especially in their formal and learned vocabularies. Sanskrit generally connotes several Old Indo-Aryan language varieties. The most archaic of these is the Vedic Sanskrit found in

12245-415: The evil Rakshasas who created havoc in all the worlds, along with Satyajit, who was Indra at that time. Saptarshis list: Jyotirdhama, Prithu, Kavya, Chaitra, Agni, Vanaka, and Pivara. In Tapasa-manvantara, Lord Vishnu's avatar was called Hari. Tapasa (also called Tamasa ), the brother of the third Manu, was the fourth Manu , and he had ten sons, including Prithu, Khyati, Nara and Ketu. During his reign,

12400-419: The fine for the defeated party. For example, Kātyāyana explains the fines to be given in trials of ordeals: “In case of poison, water, fire, the balance, holy water, rice, and the ordeal by the hot piece of gold, he should inflict fine on the defeated according to the following gradation: a thousand, six hundred, five hundred, four, three, two, and one hundred, and less.” All these aspects of the trial, including

12555-593: The first is the non-payment of debts; (ii) deposits; (iii) sale without ownership; (iv) partnerships; (v) delivery and non-delivery of gifts; (vi) non-payment of wages; (vii) breach of contract; (viii) cancellation of a sale or purchase; (ix) disputes between owners and herdsman; (x) the Law on boundary disputes; (xi) verbal assault; (xii) physical assault; (xiii) theft; (xiv) violence; (xv) sexual crimes against women; (xvi) Law concerning husband and wife; (xvii) partition of inheritance; and (xviii) gambling and betting.” The plaint

12710-548: The first language of the respective speakers. The Sanskrit language brought Indo-Aryan speaking people together, particularly its elite scholars. Some of these scholars of Indian history regionally produced vernacularized Sanskrit to reach wider audiences, as evidenced by texts discovered in Rajasthan, Gujarat, and Maharashtra. Once the audience became familiar with the easier to understand vernacularized version of Sanskrit, those interested could graduate from colloquial Sanskrit to

12865-406: The first man ( progenitor of humanity ). The Sanskrit term for 'human', मनुष्य ( IAST : manuṣya) or मानव (IAST: mānava) means 'of Manu' or 'children of Manu'. In later texts, Manu is the title or name of fourteen rulers of earth, or alternatively as the head of dynasties that begin with each cyclic kalpa (aeon) when the universe is born anew. The title of the text Manusmriti uses this term as

13020-542: The forest to practice austerities on the bank of the River Sunanda. At some point of time, Rakshasas attacked them, but Yajna, accompanied by his sons, the demigods, swiftly killed them. Then Yajna personally took the post of Indra, the King of the heavenly planets. Svayambhuva Manu's abode is Brahmavarta , with the town of Barhismati as the capital. Barhismati was formed when Visnu in his cosmic boar form ( Varaha ) shook his body, there fell large hair, which turned into

13175-412: The foundation of Vyākaraṇa, a Vedānga . The Aṣṭādhyāyī was not the first description of Sanskrit grammar, but it is the earliest that has survived in full, and the culmination of a long grammatical tradition that Fortson says, is "one of the intellectual wonders of the ancient world". Pāṇini cites ten scholars on the phonological and grammatical aspects of the Sanskrit language before him, as well as

13330-445: The general consensus seems to be three uninterrupted generations. Very little is known about the oaths taken in Hindu courts. “Hindu Law only knew the oath imposed by the judge: in the absence of human modes of proof, he invites the party to swear an oath which will constitute sufficient evidence for the case to be decided upon.” The oath can take many different forms based upon a person's caste. “Witnesses should swear by gold, silver,

13485-537: The gods Varuna, Mitra, Indra, and Nasatya found in the earliest layers of the Vedic literature. O Bṛhaspati, when in giving names they first set forth the beginning of Language, Their most excellent and spotless secret was laid bare through love, When the wise ones formed Language with their mind, purifying it like grain with a winnowing fan, Then friends knew friendships – an auspicious mark placed on their language. — Rigveda 10.71.1–4 Translated by Roger Woodard The Vedic Sanskrit found in

13640-431: The historic Sanskrit literary culture and the failure of new Sanskrit literature to assimilate into the changing cultural and political environment. Sheldon Pollock states that in some crucial way, "Sanskrit is dead ". After the 12th century, the Sanskrit literary works were reduced to "reinscription and restatements" of ideas already explored, and any creativity was restricted to hymns and verses. This contrasted with

13795-486: The intense change that must have occurred in the pre-Vedic period between the Proto-Indo-Aryan language and Vedic Sanskrit. The noticeable differences between the Vedic and the Classical Sanskrit include the much-expanded grammar and grammatical categories as well as the differences in the accent, the semantics and the syntax. There are also some differences between how some of the nouns and verbs end, as well as

13950-439: The king cannot be present at a legal proceeding, he appoints a Brahmin to take his place. In the absence of a Brahmin, a kşatriya should be appointed; in the absence of a kşatriya, a vaiśya . Cases were examined by either the king or by the chief judge. The chief judge collaborated with the other judges to devise the questions necessary for investigation, and "[i]n a lawsuit he puts question and counter-question; he speaks first in

14105-412: The king of gods, Indra replied that his storms could be pushed away by Vayu. Vayu said that his winds could not push away the earth, and thus Bhumavat, the male personification of the earth, was stronger. Bhumavat said that Adishesha, who holds both Vishnu and the earth, is the strongest. Adishesh told Manu and Jyothishmati that his second avatar on earth would be stronger than himself, and thus Jyothishmati

14260-528: The king or judge), seeds, fires and water." There is also differentiation among the different grades of courts. The king's courts are the highest grade, “but other tribunals were recognized in the smṛtis and digests." It appears there were no court fees in ancient India, except for fines imposed by the king, and texts such as the Viṣṇudharmasūtra , NāradaSmṛti , Yājñavalkya Smṛti , and Kauṭilya ’s Arthaśāstra prescribe rules for payment after

14415-439: The king should make the loser, the defeated one, pay the aforementioned fine and his wager to the king, and the amount under litigation to the plaintiff.” After a valid plaint has been made, the king should order the reply to be given. The amount of time given to a defendant to produce his reply is based upon a few things, including when the act in question was committed and the strength of the case. According to Kātyāna, “[a] reply

14570-455: The king should not deprive temples of their properties. Other details pertaining to the administration of temples deal with the institutions in charge of running the temples, and therefore fall more into the realm of ācāra . Sanskrit language Sanskrit ( / ˈ s æ n s k r ɪ t / ; attributively 𑀲𑀁𑀲𑁆𑀓𑀾𑀢𑀁 , संस्कृत- , saṃskṛta- ; nominally संस्कृतम् , saṃskṛtam , IPA: [ˈsɐ̃skr̩tɐm] )

14725-416: The king should reject a plaint if it is “1) unknown (not made by anybody), 2) defective, 3) meaningless, 4) purposeless, 5) unprovable, or 6) adverse.” A plaint is unknown if it is not made by anybody, and it is adverse if it is directed against the chief judge, the king, a town, or the kingdom. According to Nārada , “The statement (of the plaint) is considered to be the fundamental part of legal procedures; if

14880-400: The king to this Law.” The king's personal dharma is inextricably linked to legal proceedings and his dharma is determined by the merits and demerits of his subjects, therefore it is crucial he bring about justice. This is why it is stressed in the dharmaśāstras how important it is for the king to be fair and righteous and to appoint learned Brahmins to counsel and help him in legal matters. If

15035-471: The king, the Manu-Smṛti states, “Arranging in this manner for the discharge of all his obligations, he should protect these subjects with care and vigilance. When bandits abduct from his realm subjects screaming for help, while he and men in his service stand by—he is surely dead, he is not alive. For a Kṣatriya , the protection of his subjects is the highest Law; the enjoyment of the specified rewards binds

15190-432: The largest cultural heritage that any civilization has produced prior to the invention of the printing press. — Foreword of Sanskrit Computational Linguistics (2009), Gérard Huet, Amba Kulkarni and Peter Scharf Sanskrit has been the predominant language of Hindu texts encompassing a rich tradition of philosophical and religious texts, as well as poetry, music, drama , scientific , technical and others. It

15345-412: The linguistic expression and sets the standard for the Sanskrit language. Pāṇini made use of a technical metalanguage consisting of a syntax, morphology and lexicon. This metalanguage is organised according to a series of meta-rules, some of which are explicitly stated while others can be deduced. Despite differences in the analysis from that of modern linguistics, Pāṇini's work has been found valuable and

15500-514: The literary works. The Indian tradition, states Winternitz , has favored the learning and the usage of multiple languages from the ancient times. Sanskrit was a spoken language in the educated and the elite classes, but it was also a language that must have been understood in a wider circle of society because the widely popular folk epics and stories such as the Ramayana , the Mahabharata ,

15655-400: The litigants. The specific logistics of wager-placing are unclear; “it is uncertain whether the paņa is made by one or both of the parties, whether it is paid to the ‘winner’ of the suit or to the king, and what size the paņa must be.”. The Mitākṣarā of Vijñāneśvara on Yājñavalkya 2.18 explains the wager payment in the following way: “There in that legal proceeding which includes a ‘wager,’

15810-511: The modern age include the Samaveda , Yajurveda , Atharvaveda , along with the embedded and layered Vedic texts such as the Brahmanas , Aranyakas , and the early Upanishads . These Vedic documents reflect the dialects of Sanskrit found in the various parts of the northwestern, northern, and eastern Indian subcontinent. According to Michael Witzel, Vedic Sanskrit was a spoken language of

15965-448: The money, but due to the intervening fact that “this matter has been decided in the court before,” he does not owe the money regardless. If the reply is found to be valid, a trial is granted. Unlike the leniency given for the time to produce a reply, “[n]o delay should be granted in producing witnesses and making them depose.” There are two kinds of trial: human and divine. If the reply is by way of exception or by way of former judgment,

16120-429: The more advanced Classical Sanskrit. Rituals and the rites-of-passage ceremonies have been and continue to be the other occasions where a wide spectrum of people hear Sanskrit, and occasionally join in to speak some Sanskrit words such as namah . Classical Sanskrit is the standard register as laid out in the grammar of Pāṇini , around the fourth century BCE. Its position in the cultures of Greater India

16275-401: The most advanced analysis of linguistics until the twentieth century. Pāṇini's comprehensive and scientific theory of grammar is conventionally taken to mark the start of Classical Sanskrit. His systematic treatise inspired and made Sanskrit the preeminent Indian language of learning and literature for two millennia. It is unclear whether Pāṇini himself wrote his treatise or he orally created

16430-602: The most archaic poems of the Iranian and Greek language families, the Gathas of old Avestan and Iliad of Homer . As the Rigveda was orally transmitted by methods of memorisation of exceptional complexity, rigour and fidelity, as a single text without variant readings, its preserved archaic syntax and morphology are of vital importance in the reconstruction of the common ancestor language Proto-Indo-European . Sanskrit does not have an attested native script: from around

16585-559: The mudritā is the court of a judge appointed by the king, who is authorized to uses the royal seal, and the śāsitā is the court in which the king himself presides. The court assignment of a case was also very influenced by the situation of the litigants. "For those who stay in the forest the session should be held in the forest, for the soldiers in the army, and for the merchants in the caravans." Furthermore, “[t]he court-house should be decorated with flowers, statues, paintings, idols of gods and should be furnished with incense, throne or seat (for

16740-545: The numbers are thought to signify a wish to be aligned with the prestige of the language. Sanskrit has been taught in traditional gurukulas since ancient times; it is widely taught today at the secondary school level. The oldest Sanskrit college is the Benares Sanskrit College founded in 1791 during East India Company rule . Sanskrit continues to be widely used as a ceremonial and ritual language in Hindu and Buddhist hymns and chants . In Sanskrit,

16895-403: The oral transmission of the texts is reliable: they are ceremonial literature, where the exact phonetic expression and its preservation were a part of the historic tradition. However some scholars have suggested that the original Ṛg-veda differed in some fundamental ways in phonology compared to the sole surviving version available to us. In particular that retroflex consonants did not exist as

17050-423: The other hand, is a decision made based upon the prescriptions. A decision is determined by custom if it is made according to local rules and the customs of the people. A royal decree is “[w]hen kings consider a particular custom to be contrary to equity, in the same way this custom should be annulled by a royal decree.” The punishment of the defeated party is related to the reply of the accused. A defendant who lost

17205-400: The other hand, which include principal civil transactions ( partitions , gifts, mortgages, debts, etc.) have to meet far more conditions. There are many possible defects of private documents that would render them illegitimate evidence. For one, the person who created the document can’t be a child or mentally insane, and they can’t have been intoxicated or under fear or misfortune when drawing up

17360-431: The other." Reinöhl further states that there is a symmetric relationship between Dravidian languages like Kannada or Tamil, with Indo-Aryan languages like Bengali or Hindi, whereas the same relationship is not found for non-Indo-Aryan languages, for example, Persian or English: A sentence in a Dravidian language like Tamil or Kannada becomes ordinarily good Bengali or Hindi by substituting Bengali or Hindi equivalents for

17515-520: The period of the eighth Manu , the Manu is Surya Savarnika Manu . He is the son of Surya by his second wife, Chhaya . He is thus the half-brother to Shraddhadeva Manu. His sons are headed by Nirmoka, and among the demigods are the Sutapas. Bali , the son of Virochana , is Indra , and Galava and Parasurama are among the seven sages. In the age of this Manu, Lord Vishnu's avatar will be called Sarvabhauma,

17670-521: The period of the eleventh Manu , the Manu is Dharma-savarni, the son of Satya Yuga . He has ten sons, headed by Satyadharma. Among the demigods are the Vihangamas, Indra is known as Vaidhrita, and the seven sages are Aruna and others. Dharmasetu will be born of Vaidhrita and Aryaka. Saptarshis list: Tapaswí, Sutapas, Tapomúrtti, Taporati, Tapodhriti, Tapodyuti, and Tapodhan. In Rudra-savarnya-manvantara, Lord Vishnu's avatar will be called Sudhama. In

17825-475: The period of the fourteenth Manu , the Manu is Indra-savarni. Among his sons are Uru and Gambhira, the demigods are the Pavitras and others, Indra is Suci, and among the sages are Agni and Bahu. Brihadbhanu will be born of Satrayana from the womb of Vitana. Almost all literature refers to the first 9 Manus with the same names but there is a lot of disagreement on names after that, although all of them agree with

17980-609: The period of the tenth Manu , the Manu is Brahma-savarni. He is the son of Upsaloka( The son of lord Kartikeya ) Among his sons is Bhurishena, and the seven sages are Havishman and others. Among the demigods are the Suvasanas, and Sambhu is Indra. Vishvaksena would be a friend of Sambhu and will be born from the womb of Vishuci in the house of a brahmana named Visvasrashta. Saptarshis list: Niśchara, Agnitejas, Vapushmán, Vishńu, Áruni, Havishmán, and Anagha. In Dharma-savarnya-manvantara, Lord Vishnu's avatar will be called Dharmasetu. In

18135-456: The period of the thirteenth Manu , the Manu is Deva-savarni. Among his sons is Chitrasena, the demigods are the Sukarmas and others, Indra is Divaspati, and Nirmoka is among the sages. Yogeshwara will be born of Devahotra and Brihati. Saptarshis list: Agnibáhu, Śuchi, Śhukra, Magadhá, Gridhra, Yukta, and Ajita. In Indra-savarnya-manvantara, Lord Vishnu's avatar will be called Brihadbhanu. In

18290-608: The period of the twelfth Manu , the Manu is Rudra-savarni, whose sons are headed by Devavan. The demigods are the Haritas and others, Indra is Ritadhama, and the seven sages are Tapomurti and others. Sudhama, or Svadhama, who will be born from the womb of Sunrita, wife of a Satyasaha. According to Manava Purana, Rudra Savarni Manu is the son of Shiva and Parvati . Saptarshis list: Nirmoha, Tatwadersín, Nishprakampa, Nirutsuka, Dhritimat, Avyaya, and Sutapas. In Deva-savarnya-manvantara, Lord Vishnu's avatar will be called Yogeshwara. In

18445-455: The plaint “You owe me a hundred coins because you borrowed them from me” was responded to with “I do not owe you a hundred coins, since this matter has been decided in the court before,” or “I do not owe you a hundred coins, because I never borrowed them, and that matter has been previously settled in court” that would be an example by reply by way of former judgment. In these cases, the defendant either agrees or disagrees he had previously borrowed

18600-425: The plaintiff falls short of it, he is lost; if he carries it through, he is successful.” Once a plaint is made, the plaintiff cannot change it (i.e. changing the amount of money the plaintiff believes another man owes him). Additionally, the plaint needs to be written down, with all minute details of the situation recorded, or it is considered invalid. Most plaints included one of the eighteen Hindu titles of law, called

18755-414: The possible influence of Dravidian on Sanskrit is only one of many items of syntactic assimilation, not least among them the large repertoire of morphological modality and aspect that, once one knows to look for it, can be found everywhere in classical and postclassical Sanskrit". The main influence of Dravidian on Sanskrit is found to have been concentrated in the timespan between the late Vedic period and

18910-439: The previous 1,500 years when "great experiments in moral and aesthetic imagination" marked the Indian scholarship using Classical Sanskrit, states Pollock. Scholars maintain that the Sanskrit language did not die, but rather only declined. Jurgen Hanneder disagrees with Pollock, finding his arguments elegant but "often arbitrary". According to Hanneder, a decline or regional absence of creative and innovative literature constitutes

19065-480: The problems of interpretation and misunderstanding. The purifying structure of the Sanskrit language removes these imperfections. The early Sanskrit grammarian Daṇḍin states, for example, that much in the Prakrit languages is etymologically rooted in Sanskrit, but involves "loss of sounds" and corruptions that result from a "disregard of the grammar". Daṇḍin acknowledged that there are words and confusing structures in Prakrit that thrive independent of Sanskrit. This view

19220-399: The property of the temples. This even includes the trees that are on or near holy ground, with a fine of 40 units for cutting off a twig. The king would appoint a devatādhyakṣa , an officer who superintends the temples. In an emergency, this superintendent would gather the wealth of the temples and place it at the disposal of the king, who would presumably repay it. It is also ordained that

19375-609: The regional Prakrit languages, which makes it likely that the interaction, the sharing of words and ideas began early in the Indian history. As the Indian thought diversified and challenged earlier beliefs of Hinduism, particularly in the form of Buddhism and Jainism , the Prakrit languages such as Pali in Theravada Buddhism and Ardhamagadhi in Jainism competed with Sanskrit in the ancient times. However, states Paul Dundas , these ancient Prakrit languages had "roughly

19530-497: The relationship between various Indo-European languages, the origin of all these languages may possibly be in what is now Central or Eastern Europe, while the Indo-Iranian group possibly arose in Central Russia. The Iranian and Indo-Aryan branches separated quite early. It is the Indo-Aryan branch that moved into eastern Iran and then south into South Asia in the first half of the 2nd millennium BCE. Once in ancient India,

19685-562: The role of language, the ontological status of painting word-images through sound, and the need for rules so that it can serve as a means for a community of speakers, separated by geography or time, to share and understand profound ideas from each other. These speculations became particularly important to the Mīmāṃsā and the Nyaya schools of Hindu philosophy, and later to Vedanta and Mahayana Buddhism, states Frits Staal —a scholar of Linguistics with

19840-496: The same relationship to Sanskrit as medieval Italian does to Latin". The Indian tradition states that the Buddha and the Mahavira preferred the Prakrit language so that everyone could understand it. However, scholars such as Dundas have questioned this hypothesis. They state that there is no evidence for this and whatever evidence is available suggests that by the start of the common era, hardly anybody other than learned monks had

19995-556: The semi-nomadic Aryans . The Vedic Sanskrit language or a closely related Indo-European variant was recognized beyond ancient India as evidenced by the " Mitanni Treaty" between the ancient Hittite and Mitanni people, carved into a rock, in a region that now includes parts of Syria and Turkey. Parts of this treaty, such as the names of the Mitanni princes and technical terms related to horse training, for reasons not understood, are in early forms of Vedic Sanskrit. The treaty also invokes

20150-615: The social structures such as the role of the poet and the priests, the patronage economy, the phrasal equations, and some of the poetic metres. While there are similarities, state Jamison and Brereton, there are also differences between Vedic Sanskrit, the Old Avestan, and the Mycenaean Greek literature. For example, unlike the Sanskrit similes in the Ṛg-veda, the Old Avestan Gathas lack simile entirely, and it

20305-684: The son of Devaguhya. Saptarshis list: Savana, Dyutimat, Bhavya, Vasu, Medhatithi, Jyotishmán, and Satya. In Daksha-savarnya-manvantara, Lord Vishnu's avatar will be called Rishabha. The ninth Manu is Daksha-savarni. He is the son of Lord Varuna. His sons are headed by Bhutaketu, and among the demigods are the Maricigarbhas. Adbhuta is Indra, and among the seven sages is Dyutiman. Rishabha would be born of Ayushman and Ambudhara... Saptarshis list: Havishmán, Sukriti, Satya, Apámmúrtti, Nábhága, Apratimaujas, and Satyaket. In Brahma-savarnya-manvantara, Lord Vishnu's avatar will be called Vishvaksena. In

20460-433: The statements of the plaintiff, defendant, witnesses, and decision-maker, should be written down in great detail in a document called a ‘certificate of the decree’ for future judicial reference. Occasionally, the realms of ācāra and vyavahāra overlap, such as in the case of the administration of temples. The king is involved in some areas of temple administration. It is part of his duty to punish those interfere with or ruin

20615-438: The subject-matter of the lawsuit. Expert witness testimony should be respected in all cases. According to Rocher, "each and every case must be decided in association with persons who are experts in that field." For example, if a merchant were being charged with a crime, a decision is not possible without the expert testimony of other merchants. Furthermore, the cases of ascetics should not be decided without experts acquainted with

20770-416: The three Vedas . The second mode of human evidence is documents. As helpful as witnesses are in trials, “[t]he ancient authors have been fully aware of the extreme weakness of human memory: if made after a certain lapse of time, the deposition of witnesses loses its validity because they are likely to have forgotten many an important detail.” Therefore, a second form of evidence that may be presented at trial

20925-469: The town. The small hairs which fell turned into kuśa and kāsa grass. In this Manvantara, the Saptarshis were Marichi , Atri , Angiras , Pulaha , Kratu , Pulastya , and Vashishtha . In Svayambhuva-manvantara, Lord Vishnu's avatar was called Yajna . The Saptarshis were Urjastambha, Agni, Prana, Danti, Rishabha, Nischara, and Charvarivan. In Svarocisha-manvantara, Lord Vishnu's avatar

21080-653: The turn of the 1st-millennium CE, it has been written in various Brahmic scripts , and in the modern era most commonly in Devanagari . Sanskrit's status, function, and place in India's cultural heritage are recognized by its inclusion in the Constitution of India 's Eighth Schedule languages . However, despite attempts at revival, there are no first-language speakers of Sanskrit in India. In each of India's recent decennial censuses, several thousand citizens have reported Sanskrit to be their mother tongue, but

21235-418: The twice-born people to deliver true evidence. They too, shall be purified, face eastward of northward, and stand close to gods or brāhamaņas. The chief judge….should address them in the following terms: ‘Declare everything you know about how these people have mutually behaved with regard to this case; for you are a witness to it.’” The truth-telling of witnesses is considered of extremely high importance. “When

21390-408: The variants in the usage of Sanskrit in different regions of India. The ten Vedic scholars he quotes are Āpiśali, Kaśyapa , Gārgya, Gālava, Cakravarmaṇa, Bhāradvāja , Śākaṭāyana, Śākalya, Senaka and Sphoṭāyana. In the Aṣṭādhyāyī , language is observed in a manner that has no parallel among Greek or Latin grammarians. Pāṇini's grammar, according to Renou and Filliozat, is a classic that defines

21545-564: The vernacular Prakrits. Many Sanskrit dramas indicate that the language coexisted with the vernacular Prakrits. The cities of Varanasi , Paithan , Pune and Kanchipuram were centers of classical Sanskrit learning and public debates until the arrival of the colonial era. According to Lamotte , Sanskrit became the dominant literary and inscriptional language because of its precision in communication. It was, states Lamotte, an ideal instrument for presenting ideas, and as knowledge in Sanskrit multiplied, so did its spread and influence. Sanskrit

21700-409: The witnesses are equal, one should purge (one’s cause) by means of an ordeal; and equally so in case of a lawsuit that involves capital punishment, even if witnesses are available.” The number of ordeals is different in various texts, ranging from two listed by Manu to nine listed by Brihaspati . A few examples of ordeals are as follows: In the ordeal of the balance, the defendant is weighed twice within

21855-502: The Ṛg-veda is distinctly more archaic than other Vedic texts, and in many respects, the Rigvedic language is notably more similar to those found in the archaic texts of Old Avestan Zoroastrian Gathas and Homer's Iliad and Odyssey . According to Stephanie W. Jamison and Joel P. Brereton – Indologists known for their translation of the Ṛg-veda – the Vedic Sanskrit literature "clearly inherited" from Indo-Iranian and Indo-European times

22010-427: Was Vedasira, whose wife, Tushita, gave birth to Vibhu. Vibhu was the incarnation of Vishnu for this Manvantara . He remained a Brahmachari all his life and never married. He instructed eighty-eight thousand dridha-vratas, or saintly persons, on sense-control and austerity. The Saptarshis for this Manvantara were Kaukundihi, Kurundi, Dalaya, Sankha, Pravahita, Mita, and Sammita. In Uttama-manvantara, Lord Vishnu's avatar

22165-408: Was a spoken language ( bhasha ) used by the cultured and educated. Some sutras expound upon the variant forms of spoken Sanskrit versus written Sanskrit. Chinese Buddhist pilgrim Xuanzang mentioned in his memoir that official philosophical debates in India were held in Sanskrit, not in the vernacular language of that region. According to Sanskrit linguist professor Madhav Deshpande, Sanskrit

22320-427: Was a spoken language in a colloquial form by the mid-1st millennium BCE which coexisted with a more formal, grammatically correct form of literary Sanskrit. This, states Deshpande, is true for modern languages where colloquial incorrect approximations and dialects of a language are spoken and understood, along with more "refined, sophisticated and grammatically accurate" forms of the same language being found in

22475-472: Was adopted voluntarily as a vehicle of high culture, arts, and profound ideas. Pollock disagrees with Lamotte, but concurs that Sanskrit's influence grew into what he terms a "Sanskrit Cosmopolis" over a region that included all of South Asia and much of southeast Asia. The Sanskrit language cosmopolis thrived beyond India between 300 and 1300 CE. Today, it is believed that Kashmiri is the closest language to Sanskrit. Reinöhl mentions that not only have

22630-738: Was also the language of some of the oldest surviving, authoritative and much followed philosophical works of Jainism such as the Tattvartha Sutra by Umaswati . The Sanskrit language has been one of the major means for the transmission of knowledge and ideas in Asian history. Indian texts in Sanskrit were already in China by 402 CE, carried by the influential Buddhist pilgrim Faxian who translated them into Chinese by 418 CE. Xuanzang , another Chinese Buddhist pilgrim, learnt Sanskrit in India and carried 657 Sanskrit texts to China in

22785-468: Was called Ajita. Ajita came as Chakshsusa Manu, the son of the demigod Chakshu. He had many sons, headed by Puru, Purusa, and Sudyumna. During the reign of Chakshusa Manu, the King of heaven was known as Mantradruma. Among the demigods were the Apyas, and among the great sages were Havisman and Viraka. He had a daughter named Jyothismati, who wished for the most powerful being as her husband. When asked Indra,

22940-501: Was called Satyasena. Uttama, the son of Priyavrata, was the third Manu . Among his sons were Pavana, Srinjaya and Yajnahotra. During the reign of this Manu, the sons of Vashista, headed by Pramada, became the seven saintly persons. The Satyas, Devasrutas and Bhadras became the demigods, and Satyajit became Indra. From the womb of Sunrita, the wife of Dharma, the Supreme Lord Narayana appeared as Satyasena, and killed all

23095-540: Was called Vaikuntha, not to be confused with Vishnu's divine realm , of the same name. Vaikuntha came as Raivata Manu, the twin brother of Tamasa. His sons were headed by Arjuna, Bali and Vindhya. Among the demigods were the Bhutarayas, and among the seven brahmanas who occupied the seven planets were Hiranyaroma, Vedasira and Urdhvabahu. Saptarshis list: Sumedhas, Virajas, Havishmat, Uttama, Madhu, Abhináman, and Sahishnnu. In Chakshusha-manvantara, Lord Vishnu's avatar

23250-517: Was called Vibhu. The second Manu , whose name was Svarocisha, was the son of Agni, and His sons were headed by Dyumat, Sushena and Rochishmat. He invented clothing and made it for mankind. At his deathbed, Devala Rishi was born from Shiva's third eye to succeed Svarochisa Manu in making clothes for mankind. and In the age of this Manu, Rochana became Indra, the ruler of the heavenly planets, and there were many demigods, headed by Tushita. There were also many saintly persons, such as Urjastambha. Among them

23405-414: Was given in marriage to Prajapati and she gave birth to nine daughters, and a single son named Kapila . Prasuti gave birth to several daughters including Khyati , Anasuya amongst many, and Akuti gave birth to one son named Yajna and one daughter. Both Kapila and Yajna, who were sons of Devahuti and Akuti respectively, were incarnations of Vishnu. Svayambhuva Manu, along with his wife, Satarupa, went into

23560-420: Was liable to be fined twice as much as the fine to be paid by the defeated party. Kane states, “it was believed that when a just decision was given, the king and his sabhyas became free from sin, the sin only reaches him when he is guilty (whether plaintiff or defendant); but where an unjust decision is rendered a quarter of the sin falls on the litigant (plaintiff or defendant) who is guilty of adharma (that which

23715-447: Was no legal procedure, no enmity, and no (selfish) conflict. Legal procedure came into being when dharma was lost among men." According to the Smṛti of Bṛhaspati there are four different kinds of courts of justice. The pratiṣṭhitā is a court established in a fixed place such as a town, the apratiṣṭhitā is not fixed in one place, but moving from place to place as on a circuit,

23870-670: Was reborn as Revati to marry that avatar, Krishna's brother Balarama. The Seventh Manu Saptarshis list: Marichi , Atri , Angiras , Pulaha , Kratu , Pulastya , and Vashishtha , and other like Jamadagni , Kashyapa , Gautama , Vishvamitra , Bharadvaja . During Vaivasvata-manvantara, Lord Vishnu's avatar is called Matsya . The seventh Manu , who is the son of Vivasvan , is known as Sraddhadeva (or satyavrata) or Vaivasvat (son of Vivasvan). He has ten sons, named Ikshvaku , Nabhaga, Dhrsta, Saryati, Narisyanta, Dista (Nabhanedista), Tarusa (Karusha), Prsadhra, Vasuman (Pramshu) and Ila (Sudyumna). In this manvantara, or reign of Manu, among

24025-442: Was visualized as "pervading all creation", another representation of the world itself; the "mysterious magnum" of Hindu thought. The search for perfection in thought and the goal of liberation were among the dimensions of sacred sound, and the common thread that wove all ideas and inspirations together became the quest for what the ancient Indians believed to be a perfect language, the "phonocentric episteme" of Sanskrit. Sanskrit as

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