DOI Page / Citation link:
https://doi.org/10.11588/diglit.39769#0279
THE FOURTH LECTURE.
Rule 7.—An usage or Smriti must be reduced to
the short, simple and general form of a Vedic Vidhi.
The Padartha-prabalya Adh'ikarana establishes the
validity of usages in general, provided they are not
vitiated by any, perverse motive or the like. The
Shastra-prasiddha-padattha Adhikarana lays down that
in case of conflict between usages that which conforms
to the Shastra is to prevail. But usages are often cum-
brously expressed And they are often observed only by
certain sections of the people or obtain only in particular
parts of the country. By the Padartha-prabalya Adhi-
karana when they are not contradicted by the Sruti,
a presumption is to be made in favour of their validity.
The question arises how is this presufhption to be
made ? Is everything in connection with the usage to
be embodied in the rule of law to be presumed 7 Again
if it obtains with particular sections of the people dr
in particular parts of the country, should the rule to be
presumed, be in a particularized and limited shape ?
These questions are answered by the principle stated
in the above rule, which says that the Vidhi to .be
presumed should be a simple and general one. Such a
solution, however, raises another very serious question
viz., if a general Vidhi applicable to every place and
to every person is to be presumed, even when
the custom or usage is really local or tribal, then the
effect is to abolish local or tribal customs. Not only
this, there would be the further effect of bringing into
existence general rules in the place of what were
intended to be local or tribal.
The Mimansa mode of treatment of the subject,
however, prevents the above difficulties. The Miman-
Holaka
maxim.
Rule 7.—An usage or Smriti must be reduced to
the short, simple and general form of a Vedic Vidhi.
The Padartha-prabalya Adh'ikarana establishes the
validity of usages in general, provided they are not
vitiated by any, perverse motive or the like. The
Shastra-prasiddha-padattha Adhikarana lays down that
in case of conflict between usages that which conforms
to the Shastra is to prevail. But usages are often cum-
brously expressed And they are often observed only by
certain sections of the people or obtain only in particular
parts of the country. By the Padartha-prabalya Adhi-
karana when they are not contradicted by the Sruti,
a presumption is to be made in favour of their validity.
The question arises how is this presufhption to be
made ? Is everything in connection with the usage to
be embodied in the rule of law to be presumed 7 Again
if it obtains with particular sections of the people dr
in particular parts of the country, should the rule to be
presumed, be in a particularized and limited shape ?
These questions are answered by the principle stated
in the above rule, which says that the Vidhi to .be
presumed should be a simple and general one. Such a
solution, however, raises another very serious question
viz., if a general Vidhi applicable to every place and
to every person is to be presumed, even when
the custom or usage is really local or tribal, then the
effect is to abolish local or tribal customs. Not only
this, there would be the further effect of bringing into
existence general rules in the place of what were
intended to be local or tribal.
The Mimansa mode of treatment of the subject,
however, prevents the above difficulties. The Miman-
Holaka
maxim.