History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.t2.649.3

v4.c63.t2.649.3

4) and the Saṅgraha state that in case of conflict between smṛti and purāṇa smṛti is to be preferred. Aparārka (p. 9) quotes¹⁷⁰¹ a smṛti text, 'that is highest dharma which is understood from the Veda, that is to be known as inferior dharma that is declared in the Purāṇas and the like'. Aparārka (p. 15) further tells us that¹⁷⁰² according to the Bhaviṣyatpurāṇa the purāṇas are of authority in declaring dharma that is *vyāmiśra* (i. e. mixed up and not purely Vedic). Medieval writers were often divided as to the authoritativeness of purāṇas. Mitramiśra (in his commentary¹⁷⁰³ on Yāj. II. 21) asserts that dharmaśāstra (viz. smṛti) is not more authoritative than purāṇa and that in case of conflict between a smṛti text and a purāṇa text recourse must be had to reasoning as in the case of conflict between two smṛtis. On the other hand, the V. Mayūkha,¹⁷⁰⁴ after quoting Manu IX. 126 and Devala about the first born among twins being regarded as the oldest and after referring to a half verse from the Bhāgavatapurāṇa (rather from the commentary of Śrīdhara thereon) which holds that among twins the one born later is to be deemed as the elder, remarks that the Purāṇa passage is to be set aside in favour of the smṛti passages and that in the purāṇas usages opposed to the smṛtis are very frequently met with. It further says that this view is preferable to that of some others according to whom in this matter the custom of the country should be followed. The Nirṇayasindhu (III. p.