46. Paithīnasi
Volume I: Part I pp. 517–519
Paithīnasi holds a significant position within the Dharmaśāstra tradition, being notably mentioned among the thirty-six Smṛtis cited by the esteemed commentator Aprārka. His work is remarkably comprehensive in its scope, addressing all three fundamental branches of Dharmaśāstra: ācāra, which pertains to righteous conduct and customs; vyavahāra, dealing with civil law and legal procedures; and prāyaścitta, concerning expiations and penances for transgressions. An interesting stylistic characteristic of Paithīnasi's contributions is that prose quotations attributed to him considerably outnumber those in verse, suggesting a particular compositional approach that differentiates his text from some of the later, predominantly versified Smṛtis. The enduring authority and widespread recognition of Paithīnasi are further evidenced by the numerous passages quoted from his work by prominent legal commentators and digest writers, including the Mitākṣarā, Aprārka himself, and the Kalpataru, underscoring his foundational influence on subsequent legal thought.
— Synopsis by P.V. Kane, from History of Dharmaśāstra
46. Paithīnasi
46. Paithinasi
Paithinasi, though not named among the Smṛtikāras enumerated in Yāj. I. 4-5, is mentioned among the 36 Smṛtis quoted by Aparārka (p. 7) from the Bhaviṣyapurāṇa and also in the quotation from Paithinasi about the thirty-six names of expounders of Dharmaśāstra in the Smṛti-Candrikā (p. 1). Another reason is that he appears to have dealt in his work with all three branches of Dharmaśāstra, viz. ācāra, vyavahāra and prāyaścitta. Another important matter is that quotations in prose from him far outnumber quotations in verse in the comparatively early digests like the Mit., Aparārka, Kalpataru. Viśvarūpa on Yāj. III. 262 cites a prose passage of Paithīnasi about the prāyaścitta for killing a cow.1 The Mit. quotes prose passages from Paithīnasi on Yāj. III. 17, 19, 253, 265 &c. Aparārka quotes several prose passages from Paithīnasi on pp. 58, 60, 105 174, 189 ( three Aṣṭakas in Pauṣa and the following two months ), 239, 248. Two interesting prose passages2 on Vyavahāra also occur, one being that the wealth of a man dying sonless goes to his brother, in default of brother, to parents or to the senior one among his wiveṣ On p. 1175 Aparārka quotes a long prose passage mentioning 18 persons at whose house one should not dine, nor sit for dinner in the same row with them and who are unfit to be invited at a śrāddha. An interesting passage cited by Aparārka about marriage is as follows: A man should choose a girl whose ( father's ) gotra is not the same as hiṣ He should avoid girls who are within the fifth degree in descent from a common ancestor on the mother's side and 7th in descent from the father's side; or three on the mother's side and five on the father's side.3 This latter portion about three and five degrees has now been accepted by the Indian Parliament ( excepting customs to the contrary ) in the Hindu Marriage Act No. 25 of 1955, Section 3 (f). Kalpataru on Vyavahāra quotes 22 prose passages of Paithīnasi and 7 verseṣ On p. 627 it says4 women are the presiding deities of the home ; (strict) rules about purifica- tion are not demanded of them, nor the observance of vratas nor fasting; they reach the highest world if they properly look after their husbandṣ When an appointed daughter dies her husband does not succeed to her wealth; if she dies sonless, her wealth should be taken by her unmarried daughter or sister. On pp. 818 and 819, there are two prose passages, the first providing for the status of the children of a brāhmaṇa, kṣatriya or Vaiśya woman born from a person of a lower varṇa and the second providing for the status of children born in unions (which are not bad on the ground of illicit inter- course). The Brahmacārikāṇḍa of the Kalpataru quotes 22 prose passages and seven verses from Paithinasi. Kalpataru (Mokṣakāṇḍa pp. 21-22) has a long sūtra of Paithinasi about the daily life of a forest hermit (vānaprastha ). Kalpataru (on Śrāddha) adduces prose passages of Paithinasi fifteen times and only two verseṣ Kalpataru (on Śuddhi) adduces only prose passages (15 times), some (as on pp. 105 and 140) being very long. Kalpataru (Naiyatakālika) quotes Paithinasi 24 times; one prose passage (about one page in extent) deals with honouring a guest (on pp. 188-89) and there is another very long prose passage on rajasvalā occupy- ing one page and a half on pp. 352-3.