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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#0277
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THE FOURTH LECTURE. 25 I
this is that, if you accept the principle of every fact
established by usage to be valid on the supposition
of being consonant to the Vedas, then all such facts will
be in a co-ordinate position with equal weight, and in
that case how , will you discriminate between them
if there be conflict amdng them ? The answer is given
as follows :
“(There will be no difficulty in preferring one to
another by considering) which of them is found in the
Shastra or is borne out by its principles.”1 The meaning
is, that in case of conflict between two usages, that one
which is found in the Shastra or is conformable to it
should prevail. You will observe, however, that an
usage wholly outside the limits of a Shdstra would be
perfectly valid by the preceding Adhikarana, if there
be no other usage in rivalry to it. The consideration of
Shastra comes in, when there is more than one usage dn
the same matter and in the same locality. In the same
*
locality and with regard to the same community, two
conflicting usages should not be tolerated. One of
them must be eliminated by the aid of t»he Shastra.
But, on the same matter, there may be two different
usages in two different localities or with regard to two
different communities. Jaimini would not regard these
differences as conflicts. That in such a case there is no
conflict but merely differences of application, is shown
by Jaimini in chapter IV of the secoild Book, beginning
from Sutra 8 downwards. In these Sutras, he makes
out that the different practices of the different Shakhas
are merely different applications of the same Vidhi.
Kumarila concludes his discussions on this topic’by the

Conflict- be-
tween two
usages.

I WT^ll TfafavUrf \

Jaimini I. iii. 9.
 
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