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Women In The Sacred Laws
Kulapati's Preface The Author
Foreword Prologue
The Dharma Sutras Contemporary Evidence
The Manu - Samhita The Later Law-Books
Digest On Hindu Law Espirit Des Lois
Major Sections

THE COMMENTARIES AND DIGESTS ON HINDU

Its loss may have been due to the raids of the Mohammedans, and the foreign country from which he recovered it may have been the Deccan. In the second half of the 16th century, when Sankarabhatta, a member of the influential family of the Bhattas of Benares, wrote his solutions of doubtful points (Dvaityanirnaya), he thought fit to declare expressly in the introduction to his work that he would take the opinions of the southern writers for his guide (dakshinatyamate sthitva).

The Mitakshara was held in such high esteem in Benares that the native judges, previous to the establishment of English tribunals in that place, asked the Pandits in each case arising to consult the Mitakshara. Much the same custom appears to prevail at the present day in adoption cases at least, in the native states of Rajaputana'.

These commentaries discuss various social questions such as marriage, inheritance, adoption, limits of properties, penances, and various similar problems concerning society and home; but the two questions that engaged scrutiny of these commentators, and which he have subsequently undergone considerable modification at their hands, are those relating to Stridhana, or woman's right to property, and inheritance.

As regard the rites, ceremonies and scope of different kind marriages, they conform to the more authoritative lawgivers - the Grhya-Sutras, of course, continued to be the basis for domestic rituals. No striking variation of any kind in rituals can be traced, except that they assert that all the lower forms of marriages must definitely observe the performance of the ordinary marriage ceremonies. One of the later Smrti karas, viz., Devala, expresses the same opinion.

He clearly states that the nuptial rite is indispensable even in the case of the last four kinds of marriages i.e. the Gandharva and other lower forms. The ancient lawgivers, however, do not seem to have shared this view. As to the selection of the bride, the signs by which the matchmakers were to be guided, and the various other details of the ceremonies, they agree with the rules laid down by the earlier Smrti writers.

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Women In The Sacred Laws
About The Commentaries And Digests On Hindu
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