व्यवहारमयूख (नीलकण्ठ भट्ट - पश्चिमी भारत की हिन्दू न्याय-संहिता एवं व्यवहार कोष)

2 VYAVAHĀRAMAYŪKHA [S. I. 1 1-4
[M. p. 1 l. 20-p. 2 l. 20
Vyavahāra is an action or operation that facilitates the exposure of
the wrong that is not known (at the time when the
Definition of operation begins as belonging to one) and that pertains
Vyavahāra to one out of the several persons that have a dispute
(about it), or it is an operation in which the plaintiff
and the defendant are the agents, in which possession, witnesses and (other)
means of proof are applicable (according to circumstances) and which helps the
establishment (of truth) in the midst of conflicting alternatives. Accord-
ing to the Madanaratna in the case of a reply of confession¹ (to the claim
of the plaintiff) the term vyavahāra is applied (only) in a secondary sense.
The latter part² (of the above definition) serves the purpose of excluding
(from the denotation of vyavahāra) vāda, vitaṇḍā and the like.
Now (as to) the titles of Vyavahāra. Now (as to) its divisions, Yājñava-
lkya says (2. 5)
If one invaded by others in a way that is in conflict with the smṛtis
and established usage complains to the king, that becomes a subject of
vyavahāra.
The word ādharṣitaḥ means ill-treated, despised.
Manu (8. 4-7) speaks of eighteen divisions of the subjects of vyavahāra.
Of them the first is (1) the non-payment of debts, (then) (2) deposit,
(3) sale by one who is not the owner, (4) partnership, (5) resumption of
gifts, (6) non-payment of wages, (7) breach of compacts or conventions, (8)
rescission of purchase and sale, (9) dispute between master and herdsman,
(10) rules about boundary disputes, (11, 12) harshness of bodily injury and
speech (i.e. assault and defamation), (13) theft, (14) violent offences,
(15) adultery, (16) duties of husband and wife, (17) partition, (18)
gambling and prize-fighting. These are the eighteen subjects here in the
sphere of vyavahāra.
'Anapākarma' means not giving. 'Anuśayaḥ' means repentance (i.e.
rescission). Dyūtam means playing by means of inanimate objects (like
dice), (while) samāhvaya means gaming by means of animate objects. In this
(above) passage adultery and harshness of speech and assault are separately

1. Reply of confession.—When a plaintiff lodged his complaint, the defendant had to
   give a reply which was of four kinds, viz. a total denial (mithyā), a confession or admission
   of plaintiff's claim (saṁpratipatti), a plea of cause (i.e. accepting the whole or part of the
   plaintiff's averments and meeting them with a counter-cause), a plea of res judicata (prāṅ-
   nyāya). When the defendant admits plaintiff's claim, there is no necessity to employ means
   of proof and to establish the truth by reasoning. Hence the definition of vyavahāra in
   which the plaintiff ... alternatives cannot primarily apply to such a proceeding.
2. The latter part, i.e., the words 'in which possession ... alternatives'. For
   explanation of vāda and vitaṇḍā vide notes to V. M. pp. 4–5. These are technical terms in
   Nyāya. In both there are disputants, but in vāda the pramāṇas are pratyakṣa, anumāna
   &c. and not possession &c. In vitaṇḍā (mere cavilling) there is no attempt to find out the
   truth, but there is simply a desire to ridicule and vanquish one's opponent.
   P. 2 (text)