History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v1.c6.s18.21.3

v1.c6.s18.21.3

Bṛhaspati says that the Manusmṛti occupies a pre-eminent position because it correctly represents the sense of the Veda and that a smṛti which is in conflict with Manu is not esteemed.²⁸¹ Bṛhaspati in numerous places pointedly refers to the present text of the Manusmṛti. One such quotation about *niyoga* has been cited above (note 172). Bṛhaspati says "Manu has spoken of quantities (units of weights) beginning from the mote in the sun-beam to the kārṣāpaṇa.²⁸²" This is obviously a reference to Manu 8. 132-136. Bṛhaspati says "Manu enumerated thirteen sons and just as in the absence of clarified butter, oil is a substitute, so in the absence of an *aurasa* son or a *putrikā*, the eleven kinds of son are a substitute.²⁸³" This has in view Manu 9. 158-160, 180, 127-130, where Manu speaks of the twelve sons, out of whom eleven are substitutes and advocates that a sonless man should appoint a daughter (*putrikā*, who then is the 13th kind of son). In another place Bṛhaspati declares "Manu forbade gambling as it destroys truth, purity and wealth; but others allowed it provided a share was given to the king (in the gains of gambling²⁸⁴)." This very aptly describes the attitude of Manu (9. 224) and of Yāj. (II. 201-203). Bṛhaspati says "If a man kills a cow with a weapon &c., he should perform the penance laid down by Manu, but if he kills a cow by forcible restraint, then he should perform the penance laid down by Aṅgiras or Āpastamba." The reference is to Manu XI.