सामग्री पर जाएँ
सर्वकोश
व्यवहारमयूख (नीलकण्ठ भट्ट - पश्चिमी भारत की हिन्दू न्याय-संहिता एवं व्यवहार कोष)

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

Vyavahara Mayukha of Nilakantha Bhatta

नीलकण्ठ भट्ट (सम्पादक: पी. वी. काणे) द्वारा

DevanagariSanskritpublished332 पृष्ठ

पृष्ठ 36, कुल 332 में से

संदर्भ में पढ़ें
पृष्ठ 36

S. I. 1. 4-6 TITLES OF LAW 3
M. p 2 l 20-p 3 l 15 ]
mentioned (from sāhasa) according to the maxim of the cattle and the bull¹,
though they are (mere) varieties of sāhasa according to the dictum of
Bṛhaspati ( p 359 v 1):
Sāhasa is of four kinds, viz killing a man, robbery, intercourse with
another's wife and harshness of two kinds
The nature of these eighteen (divisions) will be explained later on.
Now the summary of the fundamentals² of vyavahāra (judicial procedure).
Bṛhaspati ( p 279 v 18 ) says :
(The king) should construct a separate building in his fort, with water
and trees near it, ( and ) on the eastern side of it he should prepare the
court-room, facing the east and possessed of all the good characteristics (of
a sabhā).

  • The same (i e sabhā) is (styled) dharmādhikaraṇa (hall of justice),
    as the text of Kātyāyana says
    That place, where the sifting of truth and falsehood after deliberation
    in accordance with dharmaś'āstra (the science of law) is authoritatively
    made is the dharmādhikaraṇa ( the hall of justice )
    Manu ( 8 1--2 ) says ;
    The king desirous of investigating judicial proceedings should enter the
    sabhā ( court ), being well-mannered and wearing a dress and ornaments
    befitting good breeding, along with ministers well-versed in state policy and
    with brāhmaṇas, ( and ) should look into the causes of the litigants.
    Yājñavalkya ( 2 1 ) says :
    The king, being free from anger and avarice, should investigate judicial
    proceedings along with learned brāhmaṇas in conformity with dharma-
    s'āstra
    ( The word ) ' nṛpaḥ ' ( means ) any one whatever ( of any caste )
    having authority to protect the subjects and not merely a ksatriya ( a
    man of the warrior caste ) Kātyāyana ( says )
    The king who looks into ( the judicial proceedings ) together with the
    judge, the councillors, the brāhmaṇas, the family priest and the sabhyas
    ( assessors, respectable men ) reaches heaven on account of ( his having
    followed ) dharma ( the dictates of righteousness )
  1. ' The maxim of the cattle and the bull ' — For detailed explanation vide notes to
    V. M. p 6 When a man says ' let cattle be brought and bulls also ', this mode of expression
    is employed to draw special attention to the intractability of bulls, though the latter are
    included in the generic term ' cattle ' So robbery and adultery are separately mentioned
    apart from sāhasa by Manu, though they are varieties of sāhasa, in order to draw special
    attention to these important heads of vyavahāra.
  2. The word mātṛkā means ' fundamentals, basis '. Jīmūtavāhana's work dealing with
    general rules of procedure and the means of proof is styled Vyavahāramātṛkā.
  • P 8 (text)