ব্যবস্থা-দর্পণ [খণ্ড-১] | Byabastha-Darpan [Vol. 1]

1x tions exist between sruéi, smriti, and purdna, there the sruti is preferable; but where a contra- diction exists between a smriti and a purdna, there the smrité is to be held in preference” ¢Vydsa). “If two texts (of Aishis) differ, reason (or that which it best supports) must in practice prevail” (Jagnyavalkya. ) The various digests have not however treated of all parts of the Dharma shdstra, nor have they arrived at the same conclusion. _ The variations in the doctrines of the digests have led to the formation of the different schools. The digests, with reference to the discrepancies existing among them, may be said to be of five classes, each of which has been adopted as autho- rity in some particular part of India, and thus have been formed the five divisions or schools of Hindu law. These schoola are—the Gouriya (Bengal), the Benares, the Mithil4 (North Behar), the Mahdrdshtra (the Marhatta country,) and the Drdvira*. The original smritis are of course common to all of them, but they have each given the preference to the doctrines incul- cated in particular digcsts; and the textsof the sages must be used in the same sense as pro- pounded in the particular digests adopted in each of the schoola. Of these five schools two may he sid to be the principal,—the Benares and Bengal: the other three being in most respects assimilated to the Benares school. The Mitdékshara of Vigyaneshwara is the chief guide of the Benares school. * “ The range of its authority,” says Mr. Colebrooke, “ is far greater than that of any of the other digests ; for it, is received in all the schools of Hindu law from Benares to the southern extremity of the Peninsula of India, as the chief pround work of the doctrines which they follow, and as an autho- rity from which they rarcly dissent.” The law books used in the different provinces, except Bengal, agree in generally deferring to the authority of the Mitakshara, in frequently appealing to its texts, and in rarely and at the‘same time modestly dissenting from its doctrines on particular questions. That dissent consists in inculcating certain doctrines not contained in, nor sanctioned by, the Mitakshara ; and the adoption of some of these doctrines and the use of the books inculcating such doctrines distinguish cach of the minor schools from that of Benares. The other works which concurrently with the Mitdkshard are preferentially respected in the province of Benares are the Viramitrodaya by Mitra Misra,the Parasurdmddhava, the ryavahdra- midhave, the commentaries on the Mitdkshard by Vireshwara Bhatta and Balam Bhatta, and the Vivdda-tandava and other works of Kamalakara. The Icading authorities of Mithila are the Vivdda-ratnakarat, and Vivdda-chintdma nit. The Vivddu-chandra by Lakshmi or Lakshimdé Devi is likewise much respected in that schoolS. The works which concurrently with the above are of great weight in Mithild arc the treatise on * The Drdvira school is that of the whole of tho southern portion of the Veninsula of India. It 1s termed by Sir William Macnaghten ‘the school of Dekhan" which is a corruption of the Sanskrit word dakshina (south.) + Vivdda-ratnakara was compiled under the superintendence of Chandeshwara, the minister of 2fara Sinha Deva, king of Mithiléi. Chandeshwara himself is also the reputed author of some law tracts. The Vyavahar-ratadkara, compiled under the superintendence of tho same minister, is also of great authority im Mithila. : | This work was composed by Véchaspati Misra, who was also the author of several othor works, namely. th> Vyavahéra-chintdmani, &c. commonly cited by the name of Misra: these also are of great authority in Mithil:. Mr. Colebrooke says :—** No more than ten or twelve genorations have passed since he flourished at Sernoul in Tirhoot.” Coleb. Dig. pre. p. xv. § This learned lady set the namo of her nephew MMisaru Misra to all her ৪৪৪৬০s on law an.l philosophy, and took the titles of her works from the thon reiguing prince Chandra Sinha, grandson of Hara Sinha Deva. Ibid. pre. pp. 15 & 16.