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TheYajnavalkya Smriti (Sanskrit:याज्ञवल्क्य स्मृति,IAST:Yājñavalkya Smṛti) is one of the manyDharma-related texts ofHinduism composed inSanskrit. It is dated between the 3rd and 5th century CE, and belongs to theDharmashastra tradition.[1] The text was composed after theManusmriti, but like it andNaradasmriti, the text was composed inshloka (poetic meter) style.[2] The legal theories within theYajnavalkya Smriti are presented in three books, namelyachara-kanda (customs),vyavahara-kanda (judicial process), andprayascitta-kanda (crime and punishment, penance).[3]
The text is the "best composed" and systematic specimen of this genre, with large sections on judicial process theories, one which had a greater influence on medieval India's judiciary practice thanManusmriti.[4][5][6] It later became influential in the studies of legal process in ancient and medieval India, during the colonial British India, with the first translation published in German in 1849.[7] The text is notable for its differences in legal theories from Manusmriti, for being more liberal and humane, and for extensive discussions on evidence and judiciousness of legal documents.[8]
The text most likely dates to theGupta period, roughly between the 3rd and 5th century CE. There is some debate as to whether it is to be placed in the earlier or later part of that time span.[note 1]Patrick Olivelle suggests the likely date may be in the 4th to 5th century CE.[1]
Arguments for particular dating are based on the concise, sophisticated vocabulary found throughout the text and on the use of certain terms such asnāṇaka (a coin), and references toGreek astrology (which has been known in India since the 2nd century; seeYavanajataka). The argument arises when considerations are made as to who was exchanging thenāṇaka and when the level of Greek thought which the author understood is brought into question.[9]
Attested written legal documents
Every loan transaction, where any amount has been agreed to be repaid with interest by a contract entered into by mutual consent, should be reduced to writing and should be attested by witnesses.
The text is named after the revered Vedic sageYajnavalkya, who appears in many majorUpanishads of Hinduism, as well as other influential texts such as theYoga Yajnavalkya.[11] However, as the text is believed to have been composed more than a millennium after his life, it is possible that it has been attributed to him out of respect, as has been common in the Hindu traditions.[11]
The text was likely composed in theMithila region of historic India (in and around modernBihar).[8]
The text is in classical Sanskrit, and is organized in three books. These areachara-kanda (368 verses),vyavahara-kanda (307 verses) andprayascitta-kanda (335 verses).[3][6] TheYājñavalkya Smṛti consists of a cumulative total of 1,010ślokas (verses), and its presentation is methodical, clear and concise instead of the poetic "literary beauty" found in Manusmriti according to Robert Lingat.[6]
Ludo Rocher states that this treatise, like others in Dharmasastras genre, is a scholarly tradition onDharma rather than aLaw book, as understood in the western languages.[12] In contrast, Robert Lingat states that the text is closer to presenting legal philosophy and a transition from being Dharma speculations found in earlier Dharma-related texts.[12]
Yajnavalkya, known for his concise style, drew heavily from Manu's legal treatise andKautilya'sArthashastra in this text. The text mirrorsManusmriti's structure and follow a similar format in terms of organization and content. Chapter 1 and chapter 3 are influenced by Manu, while chapter 2, focusing on legal procedure, draws from both Manu and Kautilya's Arthashastra. The text includes sections discussing embryology and anatomy, drawn from medical texts such asCharaka Samhita. It also contains concise portions on music and yogic meditation, likely derived from early treatises on these subjects. Yajnavalkya also claims authorship of a yoga treatise within the text.[13]
The text is laid out as a frame story in which the sages ofMithila approachYājñavalkya and ask him to teach themdharma.[14] The text opens its reply by reverentially mentioning ancient Dharma scholars, and asserting in verses 1.4-5 that the following each have written a Dharmasastra (most of these are lost to history) – Manu, Atri, Visnu, Harita, Yajnavalkya, Ushanas, Angiras, Yama, Apastamba, Samvarta, Katyayana, Brihaspati, Parashara, Vyasa, Samkha, Likhita, Daksha, Gautama, Shatatapa and Vashistha.[15][16] The rest of the text is Yājñavalkya's theories on dharma, presented underĀcāra (proper conduct), Vyavahāra (criminal law) andPrāyaścitta (expiation).
TheYajnavalkya Smriti extensively quotes the Manu Smriti and other Dharma-texts, sometimes directly paraphrasing passages from these, often reducing earlier views into a compendium and offering an alternate legal theory.[17] The text places emphasizes the act of giving (dana) as the essence of dharma, and it elevates yoga and self-perception (atmadarsana) as the highest form of dharma.[18] There are influential differences from the Manu Smriti and earlier Dharma texts, especially with regard to statecraft, the primary of attested documentary evidence in legal process, and in jurisprudence.[19]
Women must be honored
Woman is to be respected by her husband,
brother, father, kindred, mother-in-law, father-in-law,
husband's younger brother, and the bandhus,
with ornaments, clothes and food.
1. Pioneered the structure which was adopted in future dharmaśāstric discourse:[21][full citation needed]
2. Documentary evidence as the highest foundation of Legal Procedure:[21]
3. Restructured the Courts:[24][full citation needed]
4. Changed the placement of the discussion ofAscetic Orders:[24]
Five medieval erabhasya (review and commentaries) onYajnavalkya Smrti have survived into the modern era.[27] These are by Visvarupa (Bālakrīḍā, 750-1000 CE), Vijanesvara (Mitaksara, 11th or 12th century, most studied, from the Varanasi school), Apararka (Apararka-nibandha, 12th-century, from the Kashmir school), Sulapani (Dipakalika, 14th or 15th century) and Mitramisra (Viramitrodaya, 17th-century).[27][28]
The legal theories in this text were likely very influential in medieval India, because its passages and quotes are found inscribed in every part of India, and these inscriptions are dated to be from around 10th to 11th century CE.[29][30] The text is also widely commented upon, and referenced in popular works such as the 5th-centuryPanchatantra.[29] The text is profusely quoted in chapters 253-258 of the extant manuscripts of theAgni Purana, and in chapters 93-106 of theGaruda Purana.[30][31]
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