History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.t2.602.1

v4.c63.t2.602.1

The general rule about the binding character of customs is set out as follows. Gaut. (XI. 20) observes,¹⁶⁶² 'the dharmas (customs) of countries, castes and families, which are not opposed to the Vedic scriptures, are authoritative and binding'. Gaut. provides in the next two sūtras that cultivators, traders, herdsmen, money-lenders and artisans can lay down conventions or usages that would be binding on the respective classes, that when a dispute arises as to these usages the king should learn affairs from those who wield authority over those classes and decide the dispute accordingly. Vas. I. 17 states, 'Manu has declared that the (peculiar) customs of countries, castes and families may be followed in the absence of rules propounded by the Veda', and in XIX. 7 prescribes that the king should enforce these among the four varṇas. Āp. Dh. S. II. 6. 15. 1 appears to lay down that the customs of countries and families (if not opposed to Veda) are authoritative and are to be followed in the respective countries or families. But this view seems to be unacceptable to Baudh. Dh. S. (I. 1. 19-26) which says,¹⁶⁶³ 'there is difference of opinion regarding five (practices) in the South as well as in the North. We shall explain those peculiar to the south. They are: to eat in the company of (in the same plate with) one whose upanayana is not performed, to eat in the company of one's wife, to partake of stale food, to marry the daughter of a maternal uncle or of a paternal aunt.