History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.t2.659.2

v4.c63.t2.659.2

107 declares, 'in this work dharma has been fully stated as well as the good and evil qualities of (human) actions and the ancient customs and usages of the four varṇas.'¹⁷⁰⁸ Manu adds (I. 108), 'ācāra (customs and usages) are transcendental law, and so are the practices declared in the Veda and the smṛti; therefore a twice-born person desirous of his own welfare should always make efforts to follow it'.¹⁷⁰⁹ This has been the basic text in modern decisions that recognize the binding nature of customs. It is therefore necessary to understand the exact meaning of this verse. Two constructions are possible; (1) that the word ācāra is qualified by the words 'śrutyukta' and 'smārta' and that the first half declares that usages declared in the Veda or smṛti are transcendental law (this is the meaning given by most commentators of Manu); (2) that ācāra by itself and other rules of conduct declared in the śruti or smṛti are transcendental (i. e. here in the first half of the verse there is a reference to three kinds of ācāras, as Govindarāja and Nandana explain). If we look to the preceding verse and the following verses (that eulogise ācāra) the 2nd construction looks more natural and has been accepted by the decided cases when¹⁷¹⁰ they lay down that 'immemorial usage is transcendental law' (Sir William Jones' translation of Manu I. 108) and that "under the Hindu system of law clear proof of usage will outweigh the written text of the law". The Anuśāsana (141. 65) and Śānti 354.