Hindu Law and Mimamsa Nyayas |
It is well known that in Jaimini’s Mimamsa-Sutras, we find discussions regarding various principles of interpretation. Some of these principles, as evident from the classification mentioned above, are primarily intended for interpretation of texts in general. Such general rules like Sruti, Linga, Vakya, Prakarana, as well as atidesha, badha, uha, etc. are supplemented by certain specific illustrative rules, which have been designated as nyayas.
Besides these general rules, we find certain special rules which are applicable to Smrtis and usages. Some of these are mentioned below:
It should be mentioned here that while Jaimini and the other Mimamsakas have suggested numerous such principles, I am mentioning here only a few, which are specially relevant for the case of Hindu law. In Mimamsa-Sutras we notice some maxims regarding the determination of word meaning, which have been used for legal purposes in later periods. Firstly, it is stated that in the same passage a word occurring once cannot be taken both in its primary and secondary senses. In Jimutavahana’s Dayabhaga, we notice the application of this principle. There it has been held, in conformity with the above maxim, that the word ‘mother’ cannot ordinarily be taken to include the step mother also. Secondly, Mimamsa suggests that the words of a text ought to be taken ordinarily in their plain meaning. But for establishing harmony with other texts and for reasonable interpretation, a word may be taken in its metaphorical sense. In Dayabhaga, we find that the word ‘son’ is used to mean an heir in its extended sense or upalaksana. Thirdly, a principle of law laid down with reference to one case may be applied to other analogous cases. This principle is applied in Dattaka Chandrika of Devanna Bhatta, where the law meant for khetraja has been applied also for dattaka or adopted sons. Fourthly, in Jaimini’s Mimamsa-Sutras we notice some important instructions regarding property management, which are quite relevant for Hindu law. In the Sixth Book, it has been mentioned that “one has the disposing power of which he is the owner, because he has no power over others”.23Nilakantha interprets and applies the principle implying that the whole earth cannot be given away by king of the world; neither the (whole) Mandala (dependency by the ruler of that dependency). Nilakantha also refers to the Sarvadaksina-nyaya of Mimamsa in this context. similarly, while discussing the matters regarding the property-shares of members of joint family, Nilakantha has used the Dehalidipaka-nyaya, which suggests the possibility of serving double purpose at a time.24From similar Mimamsa deliberations, several instructions regarding property-management can be derived:
Regarding the qualifications for performing an action or sacrifice, the Mimamsakas hold that poverty or loss of any limb cannot regarded as disqualifications. Regarding the competency of women there is a clear mention of the Mimamsa-Sutras that “the view of Badarayana is that it refers to a class without distinction; therefore a women is also included.”25 This shows that not only Jaimini supports the inclusion of women but also strengthens his view by mentioning the opinion of Badarayana in this context.
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