History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.t2.642

v4.c63.t2.642

In some cases it was provided that where there is a conflict among smṛtis the view of the majority should prevail. Gobhila-smṛti (III. 148-149) provides¹⁶⁹² that where there is a conflict among passages (of smṛtis), authoritativeness rests with that view which is supported by a majority of the texts, but where two passages are of equal authority then reasoning has to be employed. The assumption or axiom was, according to Medhātithi¹⁶⁹³ (on Manu II. 29 and XI. 216), Mit. (on III. 325), Sm. C. (I. p. 5), Aparārka p. 1053, Madanapārijāta (pp. 11, 91) and others that all smṛtis form one śāstra, that if some smṛti texts on the same subject are in conflict there is an option and when there is no conflict all rules from all smṛtis should be held applicable to the subject matter; this was based on the analogy of the maxim called 'sarva-śākhāpratyayanyāya' or 'śākhāntarādhikaraṇa' (vide Jai. II. 4. 9 and Śabara thereon).