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

DOI Page / Citation link:
https://doi.org/10.11588/diglit.39769#0276
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THE FOURTH LECTURE.

Adhikarana, which deal with the subject of usages in
general. As the preceding Adhikarana is general cover-
ing questions of the customary sense of words as well as
customs and usages regarding conduct, so this Adhi
karana relates to conflicts of usages in general
including the question of conflict of verbal usages
as ' well as conflict of usages regarding civil life.
Kumarila Bhatta, no doubt, discusses the questions
of conflicting verbal usages under this Adhikarana.1 2
But he maintains the wide character of the rule
as including usages in general enunciated. He sup-
ports the rule by the following argument: “ Smriti and
usage conflicting, doubt arises as to whether they are
co-ordinate or unequal. To regard them as co-ordinate
would create confusion, although they are traceable to
a common source ( the Sruti).”3 So I have enunciated
the rule as follows : Between two conflicting usages
(either verbal or otherwise) that which conforms to the
Shastra is to prevail.
The Sutra introducing the Adhikarana as by an
opponent funs thus: —
‘ If in them (facts established by usage) no disagree-
ment be observed (with the Vedas'', this would give rise
to the confusion of co-ordinates.’3 The meaning of
1 farsNr^f!)' I
fetum*) cnjT 3Tb?: n
t Tantravartika, Benares edition—pp. 145.
2 ♦rqoqmR f33V? 3T I
< fRu mfhqfTf: ^T^parurarfdtrfq 11
, Do. p. 150
3 WT fqqfrrqfrr: FT1U l Jaimini [. iii. 8.

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