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

428

THE NINTH LECTURE.

Saunaka and
Sakai a’s
texts as
regards the
adoptibility
o£ certain
sons.

Necessity q£
Mimansa
rules in inter-
preting
Smritis.

principles in the Dattaka, Mimansa and Dattaka
Chandrika is with reference to unimportant incidental
matters. The reason of this is that as regards most of
the important questions the authors of these works
take the texts to be clear and unambiguous. For
instance, as regards the question' of the adoptibilitv
of daughter’s or sister's or maternal aunt’s son, they
take the text of Sakala to be clear and conclusive.
But you have seen how Nilkantha’s disquisition on the
text of Saunaka touching the point shows the doubtful
meaning of that text ; and you will see that the con-
clusive character of Sakala’s words is extremely
doubtful, seeing that it is not quite in accordance with
the teachings of venerable Mann, whereby the
daughter’s son may be accepted in some cases as
a son. With inference to the adoptibilitv of a boy
who is the only soil of his parents, both the
Mimansa and Chapdrika entertain i«o doubt as to the
binding character of the texts of Saunaka and Vashistha
on the subject. Although their Lordships of the
Privy Council have held the texts to be merely
monitarv.
Now I would refer to the two great commentators
of Manu. Kulluka observes at the outset of his
commentary that the proper way of expounding
'Manu’s Srnriti ancl the rest is by applying the
Mimansa rulefe* in interpreting them, and not the
iconoclastic rules of^he free-thinkers.1

r A ^srrfa,

Vef |

, Kulluka’s commentarv on Manu, Sloka t, Ch. I.