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26 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
“And the tradition and practice of those who know the Veda” I-2.
“If authorities of equal force are conflicting, (either may be followed at) pleasure” I-4.
The Vashishta Dharma Sutra propounds the following view:
“The sacred law has been settled by the revealed texts i.e., Vedas and by the tradition of the sages” I-4.
“On the failure of (rules given in) these (two sources) the practice of Shishtas (has) authority”. I-5.
The views of Baudhayana are given below:
Prasna I, Adhyaya I, Kandika I.
(1) The sacred law is taught in each Veda.
(2) We will explain (it) in accordance with that.
(3) (The sacred law), taught in the tradition (Smriti) stands second.
(4) The practice of the Sishtas (stands) third.
(5) On failure of them an Assembly consisting at least of ten members (shall decide disputed points of law).
The view taken by the Apastamba Dharma Sutra is clear from the following extract from that Sutra:
“Now, therefore, we will declare the acts productive of merit which form part of the customs of daily life” I-1.
“The authority (for these duties) is the agreement (samaya) of those who know the law”. I-2.
“And (the authorities for the latter are) the Vedas alone” I-3.
With regard to the Shishtas both the Vashishtha Dharma Sutra and also the Baudhayana Dharma Sutra have taken particular care to define who can be regarded as Shishtas.
The Vashishta Dharma Sutra says:
“He whose heart is free from desire (is called) a Shishta”. I-6.
Baudhayana goes into much greater details about the qualification of the Shishtas. This is what he says:
“5. Shishtas, forsooth, (are those) who are free from envy, free from pride, contented with a store of grain sufficient for ten days, free from covetousness, and free from hypocrisy, arrogance, greed, perplexity and anger.”
“6. Those are called Shishtas who, in accordance with the sacred law, have studied the Veda together with its appendages, know how to draw inferences from that (and) are able to adduce proofs perceptible by the senses from the revealed texts.”
Baudhayana has also something very interesting to say about the assembly whom he authorises to decide. The following are his views on the matter: