Permissions in Medhātithi: Two examples

Case 1:

Manu:

etān dvijātayo deśān saṃśrayeran prayatnataḥ |
śūdras tu yasmiṃs tasmin vā nivased vṛttikarśitaḥ || 2.24 ||

Medhātithi thereon:
śūdrasya dvijātiśuśrūṣāyā vihitatvāt taddeśanivāse sarvadā prāpte tatrājīvato deśāntaranivāso ’bhyanujñāyate.

So, living in another place (deśāntaranivāsaḥ) for a śūdra is permitted, if he cannot get a living where the twice-born ones live, because a śūdra is prescribed (vihita) to obey the twice-born ones. What we see is:

—the permission is a better-not option

—a specific permission is always parasitical on a general (sarvadā prāpte) prohibition or negative obligation (in this case: it is prohibited to live elsewhere, in turn depending on the duty to serve).

Case 2:

Manu:

strīṇāṃ sukhodyam akrūraṃ vispaṣṭārthaṃ manoharam | maṅgalyaṃ dīrghavarṇāntam āśīrvādābhidhānavat || 2.33 ||

Medhātithi:
puṃsa ity adhikṛtatvāt strīṇām aprāptau niyamyate | sukhenodyate sukhodyam | strībālair api yat sukhenoccārayituṃ śakyate tat strīṇāṃ nāma kartavyam | bāhulyena strīṇāṃ strībhir bālaiś ca vyavahāras teṣāṃ ca svakaraṇasauṣṭavāb- hāvān na sarvaṃ saṃskṛtaṃ śabdam uccārayituṃ śaktir asti | ato viśeṣeṇopadiśy- ate | na tu puṃsām asukhodyam abhyanujñāyate |

So, girls lack the śakti to pronounce Sanskrit words, hence they need easy- to-pronounce names. This command is taught explicitly with regard to them because of their inability, but it does not mean that difficult names are permitted for men.

Noteworthy here:

—The opponent is suggesting that F(x/y)—>P(x/¬y) —Medhātithi explains that this is wrong. It is true that P(x/¬y)—>F(x/(y∧¬y)) but the opposite is not true.

Rights and adhikāra

Having permissions just as exceptions means that they cannot be used to ground the notion of right (as in Hansson 2013). What else can correspond to “rights”?

• 1. There does not need to be a corresponding term. The deontic horizon is, like any other partition of the cognitive world, arbitrary.

• 2. There can be functional equivalents, one of which is adhikāra, I think.

adhikāra is connected to ability (sāmarthya and śakti), in the sense that unless there is ability, there is no adhikāra. Differences: adhikāra also implies duty. Contexts in which adhikāra is discussed: poor people having adhikāra, because they still have the śakti, although they momentarily lack the sāmarthya (all in ŚBh ad 6.1.1–3); disabled people lacking adhikāra for sacrifices but having adhikāra for svādhyāya (TV ad 1.3.4).