History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.t2.602.2

v4.c63.t2.602.2

Now (the customs peculiar) to the north are: to sell wool, to drink rum, to deal in the sale of animals with an upper and a lower row of teeth, to follow the profession of arms and to travel by sea. He who follows (these practices) in any other country than where they are generally in vogue commits sin. For, in respect of these customs the authoritativeness must be restricted to the respective countries. Gautama declares that this is false. And one should not approve of (accept) either (of the two sets of practices), because they are opposed to the tradition of śiṣṭas (or opposed to the smṛtis and the views of śiṣṭas)'. The Tantravārtika¹⁶⁶⁴ (p. 211) mentions the argument of some concerning these passages of Āp. and Baud. viz. that Āpastamba's very general statement that practices of countries and families are authoritative in the respective countries cannot be accepted as valid, as it is opposed to the views of Gaut. (XI. 20), as Baud. expressly states that certain practices though prevalent in certain localities cannot be accepted as valid and binding even in those localities because they are opposed to the express words of such authoritative and highly venerated smṛtis (as those of Manu). Manu in several places provides for the enforceability of customs and usages. In Manu VII. 203 it is said, 'the conqueror should hold as authoritative and binding the lawful customs of the conquered country, just as they are stated to be' and in Manu VIII.