DR. AMBEDKAR AND THE HINDU CODE BILL 1135
Mr. Deputy Speaker: I do not think the Hon. Law Minister is dogmatic about this matter.
Dr. Ambedkar: When the time comes we shall consider it. ...
Pandit Malaviya : I am taking this only as an instance to show how the entire provisions of the Bill are based upon a complete misconception. The text in the Paithinasi Smriti is :
पंचमीं मातृत: परिहरेत् सप्तमीं पितृत:
So far it is clear—five degrees from the mother and seven degrees from the father. So, the Paithinasi Smriti also says the same so far. Then, it goes on to say:
त्रीन् मातृत: पंचपितृतो वा ।
It gives another view and says three from the mother’s side and five from the father’s side. If I had the time I would have gone into all the other Smritis to disprove the statement of some friends that the Smritis lay down different rules—in one case seven and five and in another case five and three and it is for us to select.
The Mimamsa lays down the method of interpretation of these texts. The whole basis of Hindu law rests upon the fact that the law comes for the Shruti. Shrutis are Swatah Pramana ( स्वत: प्रमाण: ). Whatever is in the Shruti stands proved by itself and does not need any further argument. The Smritis are Partah Parmana परत: प्रमाण: They do not by themselves carry that authority because they are Shrutimula. श्रुति मूल . They belong to the class where authority is derived from Shrutis. Now, it is obvious then that if the same source is to be drawn upon by all the Smritis the obvious objection would be—and I suppose it would be a natural objection also— that if you claim that they all emanate from one and the same source, then how can there be conflicting versions in them. We can anticipate that objection.
Mimamsa goes on to say that there may be cases where in the Shruti itself there is auvikalp, that is, where the Shruti itself lays down two alternatives that a thing may be of one or another.
There are instances of that nature in the Shrutis themselves !
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उदिते जुहोति। अनुदिते जुहोति।
That is from the Smritis. It says a certain Yajnya may be performed before sunrise, and it also says it may be performed after sunrise. But there is no conflict, because both are mentioned in the Shruti. And then according to the tenets of the Mimamsa Shastra other