Sarkar, Kishori Lal: The Mimansa rules of interpretation as applied to Hindu law (Calcutta, 1909)

Sutra relat-
ing to the
second prin-
ciple.

Sutra relating
to the third
principle.

Sutras relat-
ing to the
fourth prin-
ciple.

228 THE FOURTH LECTURE.
The answer :
“The authbritativeness of the Smriti law is a
matter of inference, because the promulgators of it
are the same as those of the Vedas/'1
The second principle is contained in the third Sutra
of the chapter and forms the second Adhikarana of it.
“A Smriti is, however, to be disregarded in case of
conflict ; the presumption in its favour arising in the
absence (of conflict.)”2 3
The third principle is worked out by commentators
from the fourth Sutra of the chapter and is the third
Adhikarana of it. The Sutra runs as follows :
“( A Smriti is to be disregarded) also when an
(improper) reason is seen.”'1 All the commentators
agree in taking hetu (reason) to mean a dushta helu
(an improper reason).
t 1'he fourth principle is embodied according to some
commentators in Sutras 5, 6 and 7. But according to
Kumarila Bhatta Sutras 5 and 6 form a separate
Adhikarana (topic). He maintains that Sutra 7 alone
embodies the principle stated under the fourth head.
This Sutra 7 is as follows :
“But usages not admitting of the (vitiating) cause
{viz., perverse motive) prevail.”4
Kumarila Bhatta’s views will be fully stated later
on.
The fifth principle, regarding conflicting usages is

1 ^fq^T ^TTrf
2 f^qccRq^' I
3 I
4 =qfqqT I

Jaimini I. iii. 2.
Jaimini I. iii. 3.
Jaimini I. iii. 4.
Jaimini I. iii. 7.

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