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

254

THE, FOURTH LECTURE.

Sutras relat®
ng to the
maxim.

sakas always keep in view the distinction between a
general Vidhi embodying a general principle, and Vidhis
which provide the mode' of the application of such a
general Vidhi to particular cases. The Vidhis of the
former class are called Utpatti Vidhis, and those of
the latter class are called Viniyoga or Prayoga Vidhis.
The .Utpatti Vidhis can never be local or tribal, but the
Viniyoga or Prayoga Vidhis are from their very nature
local or tribal. The Mimansa idea is when you enunciate
a rule of law regarding any usage or custom, you
should make it general as inculcating the principle of
it, leaving it to be extended to any place and to any
people. But it does not follow from it that, as a
matter of fact,‘ it obtains universally.
With these preliminary remarks, now let us examine
the Samapya Sruti-kalpana or Holaka Nyaya.
r The word Holaka means The spring festival’
named Holi. I shall, first of all, give the Sutras com-
posing this Adhikarana, and then consider their effect
as discussed by the commentators. The Adhikarana
begins with, the suggestion of the opponent, ‘if a pre-
sumption is necessary) a presumption co-extensive with
the usage would do to make it authoritative’.1 The
opponent means to say that, if there be an usage
for the Holi or spring festival for the eastern part of
India, it maybe simply presumed that the Veda enjoins
that the Holi festival should be performed in the east
only.
The answer is :
“ No, a duty should be a duty of all men following

i vgtmr cfrraps' wi' i Jaimini I. iii. 15.