MANU AUTHORITY OF VEDAS part 11 and final KR IRS 17724 18724 1 That is, what these people say is ‘good’ should be done. Baudhāyana also prescribes the same number—
daśāvarā pariṣat | Yājñavalkya says— catvāro vedadharmajñāḥ parṣat traividyameva vā | sā brūte yaṃ sa dharmaḥ syādeko vā'dhyātmavittamaḥ || by which the Assembly should consist either (1) of four men versed in the Veda and the Dharmaśāstra, or (2) of those men each versed in three Vedas, or (3), of only one man who is the best ‘knower of the philosophy of the Self.’ Manu also (12.110 and 112) fixes the number at (1) ten or (2) three of those who are fully learned in the three Vedas. The opinion of this ‘Assembly’ is as authoritative as the Veda itself,—says Yama. Manu (4.178) sanctions the authority of ‘Family Custom’— yenāsya pitaro yātā yena yātāḥ pitāmahāḥ | tena yāyāt satāṃ mārgaṃ tena gacchanna riṣyati || But this can be a guide only in matters where the scriptures are found to be at variance with one another; —as is clear from the words of Sumantu— yatra śāstragatirbhinnā sarvakarmasu bhārat | tasmin kulakramāyātmācāraṃ tvācared brudhaḥ || Saṃskāramayūkha, p. 1.—That ‘Sadāchāra’ is authoritative which is not repugnant to Veda and Smṛti texts. (D) Śīla—Samyak-Saṅkalpaja-Kāma (Mentioned in Manu 2-6.) Medhātithi on Manu, 2.6.—Medhātithi takes the two terms ‘Śīla’ and ‘Smṛti’ as interrelated,—the two together standing for ‘conscientious recollection’ (see under ‘Smṛti’), so that according to him ‘Śīla’ is not a distinct means of knowing Dharma. He also suggests another explanation of ‘Śīla’ by which it pertains to all acts; the meaning being that whatever one does one should do with the mind free from all ‘love and hate.’ 2 (E) Ātmanastuṣṭi—Svasya Priyam Medhātithi on Manu, 2.6.—This ‘self-satisfaction’ is meant to be of those only who are ‘learned in the Veda and good’ (‘Vedavidām sādhūnām’), the idea of this being that the ‘source of Dharma’ is based upon the trustworthy character of the persons concerned. When the ‘learned and good’ feel satisfied regarding the righteousness of a certain action, that action must be accepted as right; because such men can never feel satisfied with anything that is wrong. The older treatises however have explained the meaning to be that in oases of optional alternatives that alternative should be adopted in regard to which the man’s own mind feels satisfied. There is yet another explanation by which what is meant is that ‘whenever one is doing anything he should keep his mind tranquil and calm’ and in this sense like ‘Śīla,’ ‘freedom from love and hate,’ this ‘self-satisfaction’ also pertains to ‘all acts.’ Sarvajñanārāyaṇa on Manu, 2.6.—In cases where we have no other means of ascertaining the right course of action, we are to he guided by ‘self-satisfaction’; i.e., we should do that the doing of which makes us feel easy at heart and satisfies the conscience. This is inferior to ‘Śīla’ and ‘Ācāra’ as it pertains to the mind of a single individual and hence is lacking in that corroboration by others which is available in the case of the other two. 3 Smṛticandrikā, p. 5.—This is authority only in determining one of several optional alternatives. Ordinances, as Smṛti; in all matters these two do not deserve to be criticised.’ According to Medhātithi, ‘Custom’ also is included under ‘Smṛti’ here. Kullūka does not accept this view; according to him the text puts the Smṛti distinctly above Custom, which means that Custom contrary to Smṛti is to he rejected. Manu (2.14) says—‘Whenever there is conflict between two Vedic texts, both are to be regarded as lawful’; the same with two Smṛti texts, adds Medhātithi; i.e., the two courses of action laid down by the conflicting texts are to be treated as optional alternatives. Viśvarūpa on yājñavalkya, 1.7.—According to Manu, in all purely spiritual matters the Veda is the highest authority; the Smṛti-writers themselves regard the authority of the Smṛti as extremely weak in comparison with that of the Śruti; all which leads to the conclusion that when Smṛti conflicts with Śruti, it is to he rejected. Aparārka on Yājña, 1.7.—In the determining of Dharma, says Vyāsa, the Veda is the only pure source of knowledge, ‘pure,’ i. e., whose authority is beyond suspicion; —all the rest are ‘mixed’—i. e., their authority is open to doubt. Hence that is the highest Dharma which is learnt from the Veda; what is declared in the Purāṇa anil other works is the lower Dharma. All other works of human origin are to be rejected in the matter of Dharma. Vaśiṣṭha says that “Dharma is that which is prescribed by Śruti and Smṛti; and it is in the absence of these that the ‘Practice of the Cultured’ is to be accepted as authoritative.” Saṃskāramayūkha, p. 1.— The order is Śruti, Smṛti, Sadācāra, Svasya Priyam, Samyakṣaṅkalpaja-kāma. *Among Smṛtis Manu is most authoritative, as says Aṅgiras—*manvarthaviparītā tu yā smṛtiḥ sā na śasyate (i.e., not to be honoured). Also the Veda itself—yad vai manuravadat tad bheṣajam | Smṛticandrikā, pp. 15-17.—Says Manu (2.14)—tu yatra syāt tatra dharmāvabhau smṛtau, i.e., where two Śruti texts are mutually contradictory, both are right; i.e., the two courses laid down are to be treated as optional alternatives. The same rule applies to cases of conflict between two Smṛti texts; says Gautama tustyabalavirodhe vikalpaḥ.—When there is conflict between Śruti and Smṛti the latter is to be rejected; so also when Custom conflicts with Smṛti, the former is rejected, as is clear from Vaśiṣṭha’s words—śrutismṛtivihito dharmaḥ tadabhāve śiṣṭācāraḥ pramāṇam. The same applies to the opinion of the Assembly also. When there is conflict between Manu and another Smṛti, the former is to be accepted; as says Aṅgiras:— yat pūrvaṃ manunā proktaṃ dharmaśāstramanuttamam | na hi tat samatikrasya vacanaṃ hitamātmanaḥ || Also Bṛhaspati— vedā(du|rtho)panibaddhatvāt prādhānyaṃ tu manoḥ smṛtaṃ | In cases where the same act is prescribed in equally authoritative texts in two different forms, we have to accept the more elaborate of the two and reject the simpler. 4 ‘The Law or the Right is one in the Kṛta Cycle, different in the Tretā Cycle, yet different in the Dvāpara Cycle, and yet different in the Kali Cycle,—varying as it does with the character of the Time-Cycles.’ On this Mādhava makes the following observations:— The ‘difference’ spoken of here is, not of the nature or essence, of the Law or Right, but of its modes. If it were the former, then it would imply a corresponding diversity in the Veda also, as the source of that Law; while as a matter of fact, the Veda does not vary with the time-cycles. As regards the modes however, we have several instances of diversity; for instance, though the act of the Agnihotra- offering itself is the same, yet there is diversity in regard to the mode of performing it according as it is performed in the morning or in the evening. For instance, at the evening-performance the sprinkling is to be done with the mantra ‘Ṛtantva satyena pariṣiñchāmi,’ while that at the morning-performance with the mantra ‘Satyantva ṛtena pariṣiñchāmi.’ Thus in the present instance also, the variation lies in the mode of doing what is ‘right,’ and not in what is ‘right’ itself; the variations being due to the nature of the time-cycle and of the capacity of the man doing the acts. This matter has been fully discussed in the Mīmāṃsā-Sūtra VI.3, where the conclusion arrived at is that in the case of the Agnihotra and such other obligatory rites, only those prescribed details have to be performed which it is within the capacity of the performer to perform. Baudhāyana also has declared that the obligatory acts are to be performed to the extent that one can; they should, on no account, be entirely omitted. The most important instance of variation is cited by Parāśara (1.23) himself—“In the Kṛta Cycle, Austerity is the highest Dharma or Duty;—in the Tretā, Learning;—in the Dvāpara, Sacrifice,—and in the Kali, Charity.” To the last Bṛhaspati adds ‘sympathy and self-control.’ There is variation, according to Parāśara (1.24), not only in Law, but also in the authority:—‘Duringthe Kṛa, the Laws are those ordained by Manu,—during the Tretā, those ordained by Gautama,—during the Dvāpara, those ordained by Śaṅkha-Likhita,—and during the Kali, those ordained by Parāśara.’ This distinction however has never been observed in actual practice, as even up to the present time, the work of Manu holds the highest position among the Smṛtis. 5 Conclusion >From the above we conclude that all the authorities are agreed on the following points—(a) The Veda is the first and paramount authority, (b) The Smṛti is authoritative only in so far as it is not repugnant to the Veda, to which it owes its authority; but only on matters on which we have no paramount authority, (c) Practices or Customs are trustworthy guides, only as they are current among the ‘cultured,’ and then too only those that are not repugnant to Vedic or Smṛti texts. (d) The same with regard to Tribal or Family Customs. (e) The judgment of the ‘Assembly’ of the learned is to be accepted as authoritative only when it is not repugnant to the Veda, and only when tho judgment is ‘unbiased’ by improper feelings. There is not a single text, or ‘explanation,’ which favours the opinion that Custom is to override original texts,—an opinion that has been upheld by the Privy Council, and endorsed by eminent writers on Anglo-Hindu Law. Neither Vijñāneśvara (Mitākṣarā) nor Jīmūtavāhana (Dharmaratna) nor Nīlakaṇṭha (Mayūkha) countenances any such view; and these three are regarded by our lawyers as the founders of the principal ‘Schools of Law.’ CONCLUDED PART 1 TO 11 AUTHORITY OF VEDAS; MANU IS AN AUTORITY KR IRS 17724 18724 -- You received this message because you are subscribed to the Google Groups "Thatha_Patty" group. To unsubscribe from this group and stop receiving emails from it, send an email to thatha_patty+unsubscr...@googlegroups.com. 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