History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v7.c93.371.1

v7.c93.371.1

Very intricate questions arise with regard to the relative force of śruti (Veda), smṛti and sadācāra (usages observed by śiṣṭas as defined above and in Manu XII. 109). The Mit. on Yāj. I. 7 (laying down five sources of Dharma viz. śruti, smṛti, sadācāra, and two more) states the general rule that in case of conflict each preceding one is more powerful than each succeeding one. Manu (I. 12) states that, for those who desire to know Dharma, Śruti (Veda) is the highest authority. Therefore, in case of conflict between śruti and smṛti the former prevails. There are a few exceptions even to this clear rule which may be illustrated later on But where two smṛtis are in conflict, the ordinary rule, following the Ṣoḍaśi-nyāya and the words of Gautama I. 5 (Tulyabalavirodhe vikalpaḥ), should be an option. Many works on Dharmaśāstra must have been composed long before 500 B. C., since Gautama mentions Manu (in 21. 7) and 'ācāryāḥ' (in 3. 35, 4. 18) and Āp. Dh. S. (I. 6. 19. 2-12) mentions no less than nine individual authors' opinions on the single question as to whose food may be eaten. Manu (in III. 16) mentions three views held by four sages on the position of a brāhmaṇa who marries a śūdra wife or has a son or child from her. A striking example of a conflict between smṛtis is the rule of Manu (III. 13), Baud. Dh. S. I. 8. 2, Viṣṇu Dh. S. 24. 1-4, Vas. I. 25, Pār. Gr. I.