Showing posts with label Mitakshara. Show all posts
Showing posts with label Mitakshara. Show all posts

Hinduism - What Are The Yajnavalkya?

 

Yajnavalkya or "remembered" writings, a genre of literature that is significant but not as authoritative as the shrutis, or "heard" scriptures.

This smrti is attributed to the sage Yajnavalkya and is an example of a Dharma Shastra, which were texts that prescribed principles for proper human conduct and ideal social life.

Unlike the Dharma Sutras, which are attributed to identifiable individuals, the Dharma Shastras are usually attributed to mythic sages in order to strengthen the authority of these texts.

There are around a thousand verses in the existing text, split into parts on religious custom (achara), justice administration (vyavahara), and expiation (prayashchitta).

The Yajnavalkya Smrti was the subject of numerous commentaries, one of which, the Mitakshara, was given the status of a legal code for the greater part of India during the British empire.

Estimates on its date of composition range from the first to the sixth century, but it is clearly later than the Manu Smrti because some parts of the middle section are far more developed.


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Hinduism - Who Was Vijnaneshvara?

 

Vijnaneshvara is a Hindu (12th c.) Author of the Mitakshara, a lengthy commentary on the Yajnavalkya Smrti, which is itself a work of dharma literature, or religious obligation books.

This specific piece of criticism was crucial to the British administration of India.

The British were mostly content to have traditional religious laws govern their Indian subjects, but they needed a standard to do so.

The Mitakshara was given the status of traditional law and was used as a legal code in large parts of British India.

Bengal, where the Dayabhaga was the legal authority, was the only major part of India where Hindus were not subject to this.

One of the major differences between the two was in matters of inheritance.

The Mitakshara stresses inheritance by survivorship, in which only living males can inherit property, whereas the Dayabhaga stresses inheritance by succession, in which a dead man’s heirs can inherit in his name.


~Kiran Atma


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Hinduism - What Is Mitakshara?


Vijnaneshvara's voluminous commentary on the Yajnavalkya Smrti, written early in the twelfth century.

The British colonial administration of India benefited greatly from this commentary.

The British were happy to have their Indian subjects governed by their traditional religious laws, but they needed to know what these laws were in order to do so.

The Mitakshara was given the status of traditional law in large parts of British India, and it served as a legal code.

Bengal, where the Dayabhaga was the legal authority, was the only major part of India where the Mitakshara did not hold sway.

Inheritance was one of the most significant differences between the two.

The Mitakshara emphasizes survival inheritance, in which only living males can inherit property, whereas the Dayabhaga emphasizes succession inheritance, in which a deceased man's heirs can inherit in his name.


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Hinduism - What Are Marriage Prohibition In Hindu Marriages?

 

Marriage Prohibitions are a set of laws that prohibit people from marrying one other.

Hindus, like other cultures, have well-defined norms and regulations about who one should marry and who one should not marry—marriages should be endogamous, or between members of the same social grouping (in this case, the jati).

Within this broader group, it is widely recognized that the bride and groom should not be from the same gotra or pravara—mythic lineages describing old sage ties.

The marriage of people with whom one had a sapinda relationship—common ancestry—was also prohibited.

The Sapinda connection ends after the seventh generation on the father's side and the fifth generation on the mother's side, according to one well-known code of law, the Mitakshara.

A legitimate marriage may be formed between people who have shared ancestors outside those bounds.

This sapinda formula was often disregarded, especially in portions of southern India, where marrying one's maternal uncle's daughter was not only acceptable, but encouraged.

While some dharma books criticize the practice as an abomination, others point out that it is a tradition unique to the south, where it is only authorized as part of the family's usual practice (kulachara).

Cross cousin marriage has a long history in southern India, and it is still practiced today.

There is also opinion among southern Indian brahmins that their tiny population—roughly 4% of the total—made it hard to locate brahmin wives under the tight criteria.

This ritual was judged less significant due to the conflicting imperatives of marrying other brahmins and adhering to lineage constraints.

Mars is a planet connected with action, conflict, and misfortune in Hindu astrology (jyotisha).

Mars is seen as a powerful but evil planetary force as a result of these links.

The day of the week controlled by Mars, Tuesday, is considered an unlucky day, and people commonly undertake rituals of protection to shield themselves from Mars's negative influence.

From 1901 until 1931, Marshall, Sir John, was Director General of the Archeological Survey of India (ASI).

Marshall obtained his British knighthood for discovering and excavating the towns of the Indus Valley civilization during his stint as director.

He also continued the work of his ASI predecessors, especially Sir Alexander Cunningham, in recording and cataloging India's ancient treasures.


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Hinduism - What Are The Various Inheritance Arrangements As Per Hindu Family Law? What Are Mitakshara, Stridhan, And Dayabhaga?


In Hindu law, there are various different inheritance arrangements.

Matrilineal succession, in which inheritance is handed down via the mother's line, is practiced by a few groups in southern India.

In most of the remainder of India, inheritance is passed down down the generations.

According to the instructions contained in two important legal texts: the Dayabhaga in Bengal and variations on the Mitakshara across most of India, patrilineal inheritance takes two primary forms.

Only men born into the male line are given joint family property by the Mitakshara.

Although the head of the family is usually in charge of running the family property, all men have equal interests.

The death of a male heir immediately raises the share of all other surviving males, but the birth of a male diminishes the share of all other surviving males.

Women do not have the right to inherit familial property under the Mitakshara, but they do have rights to personal wealth (stridhan) that was theirs to gift and inherit.

Only live persons may inherit property under the Mitakshara system, which was founded on the concept of survivorship.

The Dayabhaga model emphasizes succession, with sons becoming shares of the family property after their father's death, rather than upon birth.

If a son dies before his father, the son's heirs (including his wife and kids) become inheritors as representatives of the dead heir, not as individuals.

Both widows and daughters might have a portion in family property under the Dayabhaga model, and they are entitled to operate as agents in their own right.

Although this seems to be significantly more beneficial to women in principle, it is known to have had some horrific effects in practice.

The popularity of sati, the practice in which a widow is burnt on her husband's funeral pyre, astounded the British when they first arrived in Bengal late in the eighteenth century.

Sati seems to have been less widespread in many other regions of India, based on admittedly little evidence.

One explanation for the disparity is that sati was used by the family to prevent their daughter-in-law, who was an outsider to the family, from gaining authority over their ancestral land.

 


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