Universitätsbibliothek HeidelbergUniversitätsbibliothek Heidelberg
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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#0350
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THE SIXTH LECTURE.

Shorasi
maxim
explained.

Dvayo-pra-
uayanti
maxim
explained.

Kalanja) is also^ a Nishedha Vidhi. Kalanja means
fermented food. So such a food is absolutely
prohibited.
The Shorasi maxim treats of a conflict not be-
tween a condemnatory prohibition as <in the Kalanja
maxim and some thing opposed to it, but as between a
prohibition, as recognized by recent writers, of the
essential element of some definite positive proposition.
For instance, there is the proposition : ‘Use the
Shorasi vessel at the dead of night.’ Against this there
is the text, ‘Do not use the Shorasi vessel at the dead
of night.’ This is a case of direct conflict, and there
cannot be any attempt to reconcile them. In such a
case, option to follow one or the other rule is the only
course left. But, if against the proposition ‘Use the
Shorasi vessel "at the dead of night’ you have the
proposition, “ Do not use the Shorasi vessel at the dead
of night-during a new moon time.” This will not be
a contradiction, but the second proposition will be
read as a Paryudasa (exception), which does not affect
the essence iof the first proposition.
The Dvayo-pranyanti maxim is the third maxim
of Group A. Great importance is attached to it by
the Hindu Jurists. It lays down,, however, a very
elementary principle, the principle that one should not
blow hot and cold ,at the same time.
The maxim has its origin in the following texts
regarding the four monthly-Yaga which is a Vikrita
(development) of the Darsha-paurnamasi and not of
the Shaumika Yaga, as some (Purvapakshinas)
opponents thought. . *
 
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