History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.t2.579

v4.c63.t2.579

According to Śabara, Jaimini in I. 3. 8-9 deals with certain words like *yava*, *varāha* and *vetasa*, that have different significances among Āryas and Mlecchas (and therefore these sūtras constitute what is called yavavarāhādhikaraṇa). But Kumārila does not like this view of Śabara and proposes another topic for these two sūtras, viz. the relative strength of smṛti and sadācāra where they are in conflict. Here there are three¹⁶⁴⁶ possible views, viz. that both are equally strong and so there is an option in case of conflict, that ācāra is stronger, that smṛti is the stronger of the two. The prima facie view is that both are equally strong, since smṛti and sadācāra are both inferred to be based upon Veda. Kumārila's own final conclusion is that smṛti is of greater force than ācāra, that is, where they come in direct conflict smṛti should prevail. His position is that, though both smṛti and ācāra are to be deemed to be based on Veda, there is a difference between the two. People have full faith in such smṛtis as that of Manu and Manu and others are believed to have been inspired sages and are the propounders of the rules of dharma scattered about in various Vedic śākhās, while the same cannot be said about modern men and their practices cannot claim or possess the same weight and allegiance that the practices laid down by Manu and other sages can. From the practice of śiṣṭas one may infer a smṛti as the root thereof and then further one may infer a śruti as the root of the smṛti. Therefore ācāra is removed by two stages from the Veda, while smṛti is removed only by one stage from the Veda. Hence Kumārila says that in case of conflict smṛti should prevail over ācāra. The practices that are discussed here (acc. to Kumārila, Pārthasārathi and others) are such as the marriage with a maternal uncle's daughter or with a paternal aunt's daughter and the like that are in vogue among certain people and that are yet opposed to smṛtis (such as Manu XI. 171-72) and for which a visible motive can easily be found (*kāmādihetvantaraṁ spaṣṭa-meva dṛśyate*, as the Śāstradīpikā says).