History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.117.5

v4.c63.117.5

of Bhīmadeva dated Vikrama year 1265) and Tawney's translation of the Prabandha-cintāmaṇi pp. 18, 84, 129, 149, 190 for 'pañcakula'. The provisions about the conflict between customs and usages on the one hand and *śruti* and *smṛti* on the other will be dealt with in detail later on in another section. A few words may be said here about conflicts between smṛtis. In disputes between residents of the same country, the same city or the same hamlet of cowherds or of the same capital or village, the decision should be according to their own conventional usages, but in disputes between these and others (who are not residents of those respective places) the decision must be in accordance with the sacred texts³⁸⁰ (Kāt. 47 q. in S. V. p. 72, Par. M. III. p. 41). Another rule is that when there is an apparent conflict between two smṛtis, reasoning is to decide in ordinary life which should be followed or reasoning based on the actions of the aged and the experienced is to decide what text to follow (Yāj. II. 21) and the business of the interpreter consists in holding that one of the smṛtis contains a general rule and the other an exception or that the two apply to different sets of circumstances (viṣayavyavasthā) or that an option may be intended. Voluminous glosses have been written on this one text of Yāj II. 21 right from Viśvarūpa in the 9th century downwards. Another rule is that in the administration of justice dharmaśāstra rules have superior force to those of arthaśāstra.