dharma and adharma are not “virtue” and “vice” (in Medhātithi)

G. Jhā was an amazing scholar and translator, but he produced so much that he could not revise in detail his translation choices and some infelicities are kept in the published versions of his translations.

One such cases is “sinful” or “vicious” for adharma and “moral” or “virtuous” for dharma in the translation of Medhātithi’s commentary. I am sure that there are cases in which such a translation could make sense, but not in Medhātithi.

Medhātithi follows the Mīmāṃsā approach and defines dharma as what is prescribed by the Veda or is in line with the duties prescribed by the Veda and adharma as its opposite. Translations such as “sinful” or “virtuous” suggest that actions have an intrinsic moral value logically prior to the commands applied to them. By contrast, this is not the case. Violence is not adharma because it is intrinsically “sinful” or “vicious” and in fact Medhātithi explains that the Jyotiṣṭoma violence is not adharma at all.

Punishing? Yes, but not through violent means (acc. to Medhātithi)

The reasoning by Medhātithi on 8.316 (on punishment and why it does not violate the prohibition to perform any violence) is quite complex and multiple opponents discuss. I will list them below attributing a number to each one of them.

1. A first opinion being discussed is that, since punishment is enjoined (presumably: as part of the duty to protect people) and prohibited (by the prohibition to inflict any violence), it is optional. “Option” (or “free picking”, vikalpa) is in general to be avoided and Mīmāṃsā authors would accept it only for details bearing no great significance. Hence, the opinion is dismissed.

2. Next, a second speaker observes that no vikalpa applies, because violent punishment is clearly forbidden by the prohibition to perform any violence.

3. Rebuttal: It is not forbidden because it is performed as part of fulfilling one’s duty.

2a. Second speaker again: in order for the prohibition to perform violence not to apply, the act of (violent) punishment should be enjoined, as it happens in the case of the Agnīṣomīya (a sacrifice which involves violence, and which is not blocked by the prohibition to inflict violence).

3a. Violent punishment is enjoined through worldly experience, hence no prohibition affects it.

2b.The second speaker then expands on the above point and observes that there is no specific prescription about violent punishment, since punishment is only derived from the duty to protect people, but this duty could be fulfilled also through other means (e.g., reprimanding people). Hence, inflicting violent punishment is not enjoined as a duty and it is just a worldly act (and, as such, liable to be blocked by the prohibition). Similarly, if one were to perform a sacrifice leading to a violent result because one desires it, as it happens in the case of the Śyena, that sacrifice would be blocked by the prohibition to perform violence.

2c. The second speaker also belabours on the difference between instrumental and resultative violence, saying that in the case of the śyena violence is prompted by desire, whereas in the case of the Agnīṣomīya, it is merely subsidiary.

2d. If violent punishment were specifically prescribed, then we would have to resort to vikalpa (as discussed above).

Thus, the conclusion appears to be that violent punishment should not be resorted to as a consequence of the duty to protect, although (as discussed in my article on corporal punishment) it can be resorted to in order to purify the culprit.

On sacrificial violence

One cannot solve the Agnīṣomīya problem (the clash between the prohibition to perform any violence and the prescription to slaughter an animal as an offer to Agni and Soma) via an appeal to suspension (bādha) of the prohibition to perform violence.

Using suspension would be based on the fact that the prescription to perform the Agnīṣomīya is more specific than the prohibition. However, if this were a viable move, then it would apply also to the case of the Śyena (a sacrifice to be performed in order to achieve the death of one’s enemy). But all Mīmāṃsā authors agree that the śyena should not be performed.

Thus the Agnīṣomīya case cannot be solved through suspension, as this would have been applicable also to the Śyena scenario and this would be an unwanted output.

How else can the Agnīṣomīya riddle be solved? By explaining that the prohibition against violence was only about violence-as-part-of-the-result and not about violence-as-part-of-the-instrument. Thus, sacrificial violence, which is only part of the sacrifice qua instrument, was never forbidden, whereas violence as part of a sacrifice’s result is forbidden.

Now, you may suggest that this reasoning leads to the unwanted consequence that violence which is instrumental to a different result would also not be prohibited. Does this mean that beating someone in order to take their wallet would not be prohibited, because it is instrumental? No, because here violence would be part of the result (you want the person to be made harmless/unable to react).

This is, by the way, consistent with my previous studies on deontic conflicts, according to which suspension can only be applied to prescriptions, and not to prohibitions.

Second Kumārila conference (2025)—updated program

The first Kumārila conference took place at the University of Toronto in 2024. You can read more about why we need to read and write more about this key Sanskrit philosopher here: https://elisafreschi.com/2025/02/28/kumarila-conference-2025/

The second Kumārila conference will take place again at University of Toronto, this time at the St George campus. You can read more about the event’s announcement here: https://philosophy.utoronto.ca/event/kumarila-conference-2/

This conference has the form of a workshop and its purpose is to make progress towards the publication of a “Kumārila Reader”. This will include translations of (large-enough) passages by Kumārila and introductions highlighting their context and philosophical relevance. Most participants have already presented their translations last year and this year they will be able to fine-tune them. Participants will have 1—2 hours time to discuss their draft translations.

If you have a 2-hours slot, we encourage you to quickly remind the other participants about the topic, then discuss selected passages within it. You may want to first present and then have a 30 minutes discussion, but you may also want to integrate the discussion within your presentation.
If you have a 1-hour slot, we encourage you to present your topic and/or discuss selected passages in 30–45 minutes, then have some time dedicated to Q and A.

Please read the updated program below:

Monday May 5th
Chair: Nilanjan Das
8.30 onwards: Breakfast
9–11 John Nemec ŚV, Saṃbandhākṣepaparihāra 42cd-114ab
11–11:15 Tea break
11:15-12:15pm Alex Watson, ŚV ātmavāda
12.15–1.15 Long Yin Sin ŚV Pratyakṣapariccheda 171-185
1:15–2:15 Lunch break
2:15–3:15pm Alessandro Ganassi, ŚV on ākṛti
3.15–3.30: Tea break
Chair: Ajay Rao
3.30–5.30 Hugo David, ŚV vākyādhikaraṇa

Tue May 6th
Chair: Srilata Raman
8.30 onwards: Breakfast
9–11 Tarinee Awasthi, mantrādhikaraṇa (TV 1.2.4)
11–11:15 Tea break
Chair: Elisa Freschi
11:15-1:15pm Jonathan Peterson, virodhādhikaraṇa and śiṣṭākopādhikaraṇa (TV 1.3.3)
1:15–2:15 Lunch break
Chair: Nirali Patel
2:15-4:15pm Andrew Ollett, anuṣaṅgādhikaraṇa (TV 2.1.16)
4.15–4.30: Tea break
4.30–5.30: Sarju Patel, Tantravārttika 1.3.7

Wed May 7th
Chair: Vincent Lee
8.30 onwards: Breakfast
9–10 Kei Kataoka, bhāvārthādhikaraṇa (TV 2.1.1)
10–10:15 Tea break
10.15–12.15: Alessandro Graheli, vyākaraṇādhikaraṇa (TV 1.3.adh. 9)
12:15–1 Lunch break
Chair: Taisei Shida
1–3pm Malcolm Keating, tatsiddhipeṭikā (TV 1.4.23)
3–5: (Philosophy Department’s party, everyone is invited to join)

Thu May 8th
Chair: Munena Moiz
8.30 onwards: Breakfast
9–10 Kiyotaka Yoshimizu, deities (ṬṬ 9.1.6–10 and 10.4.23)
10-10:15: Tea break
10:15–12:15: Monika Nowakowska, similarity (TV ad 1.4.adh. 4, sū 5)+ŚV upamāna
12:15-1:15pm Lunch break
Chair: Jesse Pruitt
1:15-3:15pm Larry McCrea, vājapeyādhikaraṇa (TV 1.4.adh.5)
3.15–3.30: Tea break
3.30–5.30: Akane Saito, viniyogādhikaraṇa (TV 3.1.2)

Fri May 9
Chair: Shashank Rao
8.30 onwards: Breakfast
9–10: Kei Kataoka (part 2)
10–11: Alex Watson (part 2)
11–12: Final thoughts and next steps towards publication
12:15: lunch together (RSVP)

Venue: JHB 100 (Mon-Wed); JHB 318 (Thu); JHB 418 (Fri)

All breakfasts and lunches will take place at the same location as the conference, apart from the final lunch (at the Clay Restaurant)

Let me know if you want to join!

Kumārila conference 2025

To be held in Toronto, St George campus, May 5 to 8.

Kumārila ranks among the key Sanskrit thinkers, and his massive influence has forever changed the course of Sanskrit philosophy, from Buddhist epistemology to Nyāya ontology. This conference, held at the Department of Philosophy on the St. George campus, is the second time international experts on Kumārila’s philosophy can come together to discuss his masterpieces. These experts will workshop their translations of some of Kumārila’s works in two-hour reading sessions. Sessions will see us both reading and commenting on selected passages on a given topic (e.g., adhikāra in Ṭupṭīkā 6.1) and hearing a talk on the topic itself (e.g., mapping the intersection of adhikāra and sāmarthya). A discussion session will follow. Additionally, scholars and advanced students will have the opportunity to present their Kumārila-related research in shorter, 60-minute sessions.
The conference is coordinated by Elisa Freschi and Nilanjan Das and will see the participation of other experts in Sanskrit philosophy and philology.
Confirmed participants: Tarinee Awasthi, Hugo David, Alessandro Ganassi, Alessandro Graheli, Kei Kataoka, Malcolm Keating, Lawrence McCrea, John Nemec, Monika Nowakowska, Andrew Ollett, Sarju Patel, Parimal Patil, Jonathan Peterson, Akane Saito, Taisei Shida, Long Yin Sin, Elliot Stern, Alex Watson, and Kiyotaka Yoshimizu.
This will be an in-person only event, since we believe in the power of collective intelligence and collaboration, which are challenging to replicate when some participants speak on Zoom while others are in the room.
The organizers gratefully acknowledge support for the conference from the Departments of Philosophy at UTSG and UTM, as well as the Office of the Vice-Principal, Research, and the Decanal Fund at UTM.

Preliminary program!

Mon May 5th
9–11 Alex Watson, ŚV ātmavāda
11–11:15 Tea break
11:15-12:15pm Long Yin Sin ŚV Pratyakṣapariccheda 171-185
12.15–1.15 Alessandro Ganassi ŚV on ākṛti
1:15–2:15 Lunch break
2:15–4:15pm John Nemec ŚV, Saṃbandhākṣepaparihāra 42cd-114ab
4.15–4.30: Tea break
4.30–6.30 Hugo David, ŚV vākyādhikaraṇa

Tue May 6th
9–11 Tarinee Awasthi, mantrādhikaraṇa (TV 1.2.4)
11–11:15 Tea break
11:15-1:15pm Jonathan Peterson, virodhādhikaraṇa and śiṣṭākopādhikaraṇa (TV 1.3.3)
1:15–2:15 Lunch break
2:15-4:15pm Andrew Ollett, anuṣaṅgādhikaraṇa (TV 2.1.16)
4.15–4.30: Tea break
4.30–5.30: Sarju Patel, Tantravārttika 1.3.7

Wed May 7th
9–11 Alessandro Graheli, vyākaraṇādhikaraṇa (TV 1.3.adh. 9)
11–11:15 Tea break
11:15-12:15pm Elliot Stern, (ṬṬ 6.3.2)
12:15–12:45 Lunch break
12:45-2:45pm Malcolm Keating, tatsiddhipeṭikā (TV 1.4.23) + 1.3.10, on ākṛti as the primary meaning, (and maybe 3.2.1, the short section that also discusses mukhya/lakṣaṇā, etc.)
2.45–5: Break (Philosophy Department’s party)
5–7: Monika Nowakowska, similarity (TV ad 1.4.adh. 4, sū 5)+ŚV upamāna

Thu May 8th
9–11 Kei Kataoka, śeṣapratijñādhikaraṇa (TV 3.1.1); bhāvanādhikaraṇa (TV ad 2.1.1–4)
11–11:15 Tea break
11:15-12:15pm Kiyotaka Yoshimizu, deities (ṬṬ 9.1.6–10 and 10.4.23)
12:15–1:15 Lunch break
1:15-3:15pm Larry McCrea, vājapeyādhikaraṇa (TV 1.4.adh.5)
3.15–3.30: Tea break
3.30–5.30: Akane Saito, viniyogādhikaraṇa (TV 3.1.2)

Location: JHB 100 (5–7 May); JHB 401 (8 May).

Updated program here: https://elisafreschi.com/2025/04/18/second-kumarila-conference-2025/

Veṅkaṭanātha on free will to surrender

Veṅkaṭanātha has to adapt the Mīmāṃsā approach to free will to his Vaiṣṇava commitment to the role of God’s grace.
He thus concludes that humans are free in their intentions, although they need God’s consent to convert them into action. Interestingly enough, here he reuses again a Mīmāṃsā technical term, namely anumati ‘permission’ to indicate God’s allowing humans to act according to their wishes. This limited range of freedom is still enough for humans to surrender, since surrender (prapatti) is primarily an act of will.
The situation becomes slightly more complicated insofar as in order to surrender one needs to be in the correct state of mind, which includes one’s desperation about one’s ability to ever be able to perform any activity in a correct manner, including making progress in the ritual and the salvific knowledge paths. Thus, one is free to surrender, but genuine surrender can only happen once one is deeply desperate about one’s abilities, so that it seems that the freedom to surrender appears as to one as their last freedom available, their last resort.
This divide between one’s phenomenological state (and one’s conviction to be utterly unable to undertake anything) and the undeniable reality of one’s freedom to surrender is captured in Veṅkaṭanātha’s commentary on Rāmānuja’s Śaraṇāgatigadya. There, Veṅkaṭanātha has to defend the author’s first turning to Lakṣmī before surrendering to God directly.

[Obj:] But in this way the Revered one alone, who is the giver of all results, is the one to whom one must take refuge, even in order for surrender in Him to succeed. What is the purpose at this point (in the text) of surrendering to Lakṣmī?

[R:] It is not so. If one ascertained that it is possible to surrender now (i.e., before surrendering to Lakṣmī) to the Revered one, then one would be using (upādā-) that (surrender) in order to [reach] liberation (mokṣa), but this should not be employed in order to achieve that (liberation). If, by contrast, one were not able to ascertain that it is possible [to directly surrender to Nārāyaṇa], then [it would be] even less likely for one to do so.

nanv evaṃ sakalaphalaprado bhagavān eva tatprapattisiddhyartam apy āśrīyatām, kim iha lakṣmīprapadanena? maivam. yadi bhagavatprapadanam idānīṃ śakyam iti niścinuyāt, tadā mokṣārtham eva tad upādadīta. na punas tadarthaṃ tat prayuñjīta. aniścite tu śakyatve natarām. (Intro to v. 1, Aṇṇaṅgarācārya 1940–1: 98).

In other words, in order to surrender, one must be desperate, up to the point of despairing about their possibility to successfully surrender. If one said “I surrender”, while still thinking to be in control one one’s situation, one would not in fact be really surrendering, since surrendering involves giving up the responsibility for one’s salvation (this is technically called bharanyāsa ‘giving up the burden’). Thus, surrendering in order to reach salvation would be an internal contradiction. Still, one’s ability to independently surrender shows that one was indeed free to surrender.

Debates on adhikāra (again)

Within the Śābarabhāṣya commentary on the Mīmāṃsāsūtra (the foundational text of the Mīmāṃsā school), chapter 1 of book 6 is dedicated to adhikāra. The chapter deals with several cases in a manner which might surprise some readers, because the text does not distinguish a priori between “good” and “bad” cases and rather applies Mīmāṃsā-based reasoning throughout. For instance, an opponent suggests understanding adhikāra as only or primarily grounded on desire and is therefore willing to accept as a consequence that women, śūdras (members of the lower class) and animals have the same adhikāra as male Brahmans to perform Vedic sacrifices. Even more surprising, perhaps, is that the reply by the upholder of the final opinion is not that animals are impure, women are inferior and śūdras are inherently flawed. Rather, they discuss about the other requirements of adhikāra and show why they exclude some of the above categories from the performance of Vedic sacrifices.

To begin with, animals lack the adhikāra to perform sacrifices not because they lack desire (they do have plans), but because 1. they lack the ability to perform them, insofar as they don’t have hands. Moreover, 2. they lack desires regarding the next life, because these desires depend on our being cultivated into desiring something beyond the present life. Thus, wolves etc. can decide to fast, but only because they want health, and not for purposes relative to a next life, because they don’t know about it.

There is then an interesting discussion about poor people and people having some physical disability. It’s easy to see that the latter lack ability and are therefore excluded from having the adhikāra to perform Vedic sacrifices. However, how can one distinguish the case of disabled people who cannot, for instance, look at the clarified butter (because they are blind) and poor people who cannot look at the clarified butter because they lack the substances to buy it? Śabara speaks therefore of a distinction between śakti and sāmarthya. Both terms can be translated as “ability”, but Śabara seems to make them into technical terms in order to distinguish the two cases. Accordingly, poor people temporarily lack the sāmarthya to perform a sacrifice, but this temporary lack of sāmarthya is remediable, because they could acquire the relevant substances later on in their life, whereas they never lost the śakti to perform sacrifice. I will conventionally call the temporary thing being lost (or sāmarthya) ‘capacity’, whereas the thing that poor people don’t loose (i.e., their śakti) ‘ability’. Śabara distinguishes them insofar as the former is bahirbhūta ‘external’, whereas the latter is ātmavṛtti ‘belonging to one’s soul, intrinsic’.

Unfortunately, Kumārila does not keep this opposition and just generically speaks of sāmarthya.

It is also interesting that the debate about disabled people continued through the centuries. Kumārila (a commentator of Śabara and possibly the main author of the Mīmāṃsā school) explains that disabled people lack the sāmarthya (and hence the adhikāra) to perform Vedic sacrifices, but that this does not mean that they cannot reach the same goal, namely happiness in a future life (a.k.a. ‘heaven’). He clarifies that they have a different path open to them, namely that of remaining a chaste student of the Veda and reciting it. This is considered by him to be an easier option and Kumārila needs therefore to explain that it is only open to the ones who lack the ability to perform the more difficult alternative, whereas those who are able to work, get married and perform Vedic sacrifices should certainly do so. Incidentally, the same device will be used by an even later author, Veṅkaṭanātha, to justify the adoption of an easier soteriological path, namely prapatti, instead of bhakti. This path is only open, he points out, to those who are unable to follow the path of bhakti, hence there is no contradiction between the command about a difficult path and an easier one.

Later Mīmāṃsā texts, possibly after Khaṇḍadeva, go back to the duties of disabled people and offer a slightly different solution. They say that disabled people cannot perform elective rituals, because they lack the relevant ability, but they still retain the adhikāra (insofar as they have learnt the Vedas by heart etc.) to perform fixed rituals. In fact, these rituals can be performed ‘as much as one can’, hence a blind person will just skip the command to look at clarified butter etc.

Meghanadāri on adhikāra’s prerequisites and further differences from “rights”

Adhikāra presupposes 1. śakti (or sāmarthya), as discussed in previous posts. What else does it presuppose? Adhikāra for sacrifices presupposes a condition (nimitta) and/or the 2. desire for a goal. Both are necessary conditions, as it becomes obvious when animals are said to potentially have the adhikāra to sacrifice, since they are desirous (arthin), but to be excluded from it because of their lacking the relevant ability. The same discussion is found in the commentaries on UMS 1.3.34–38 in relation to śūdras’ adhikāra (e.g., Meghanadāri thereon: arthitvasāmarthyādisadbhāvāt [śūdreṣu] adhikāro ‘stu).

What else? Notice the ādi in Meghanadāri, which is repeated also elsewhere in his commentary (e.g.: atra saṃśayaḥ— kiṃ śūdrasya brahmavidyāsv adhikāro ‘sty uta neti. tadarthaṃ kiṃ tasyārthitvādīni santy uta neti). Meghanadāri lists also the 3. adhikāra for prerequisites, such as the fact of having set the fires (that is, having performed the initial ceremony that starts one’s life as a performer of sacrifices). Śūdras lack the adhikāra for sacrifices, he says, because they lack the adhikāra for the actions sacrificing presuppose (brahmavidyā and agni-setting) (vaidikakarmasu śūdrasya vidyāgnirahitatvenānadhikāraḥ samarthitaḥ).

Thus, adhikāra requires: 1. ability, 2. desire, 3. adhikāra for prerequisites.

Another interesting point is that adhikāra applies to a certain way to achieve a goal, not to the goal itself. You are disabled and cannot perform sacrifices to go to heaven? You can go to heaven through recitation of the Veda. You are a śūdra and cannot read the Upaniṣads? You can still learn about the paramātman (!) through itihāsas and purāṇas. An opponent says that veneration (upāsanā) still needs its auxiliaries (aṅga) and that these are sacrifices, to which the śūdras lack the adhikāra. Hence, due to the rule discussed above, they also cannot have the adhikāra for upāsanā. Meghanadāri replies that this is not the case, because, like in the case of fixed sacrifices, one does not need to perform all auxiliaries.

(Many thanks to Manasicha Akepiyapornchai for sharing the images of Meghanadāri’s commentary)

Adhikāra and rights

As already observed, there is no straightforward equivalent to “rights” in Mīmāṃsā deontic (and this is normal and good, since the deontic townscape is not a given fact, but a human construct and is therefore differently articulated), but there are certainly functional equivalents covering parts of the semantic field of “rights”.

One of them is adhikāra. Possible differences:

  1. adhikāra is generally a vox media (you have the adhikāra to do X, which does not necessarily mean that X is a good thing), unlike “right” (where generally having the right to do X is a good thing).
  2. adhikāra might imply duty, whereas rights don’t (you may have the right to remain silent, and this does not imply that you ought to remain silent). For instance, for Prabhākara if you have the adhikāra to perform a given sacrifice, you also have the responsibility to carry it out. However, it is not so in Kumārila or Maṇḍana, where the additional obligation to perform fixed rituals descends from their fixedness (nityatva), not from the adhikāra, as proven by the fact that no such obligation follows in the case of elective rituals (kāmya).
  3. adhikāra is connected to ability (sāmarthya), whereas this does not apply to rights, which can instead ground the need of ability being ensured. For instance, if you have the right to go to school but cannot physically move, (in an ideal case) your government will provide you with the devices needed to let you attend school etc. By contrast, adhikāra presuppose ability, in the sense that unless there is ability to do X, there is no adhikāra to do it. Since adhikāra is a vox media, this might be a good thing after all. For instance, if you don’t have the adhikāra to do something difficult to get A, you will be allowed to do something easier instead. Please notice also that Śabara helpfully distinguishes the lack of an external (bahirbhūta) ability (sāmarthya), which is temporary and does not affect the adhikāra (for instance, you don’t lose your adhikāra if you temporarily run out of ghee or are too poor to perform a given sacrifice), and intrinsic (ātmavṛtti) ability (śakti), in the absence of which there is no adhikāra. Much to my disappointment, this distinction is not kept by later authors.

Reconstructing the Mīmāṃsā townscape

I have been working for years on reconstructing the deontic landscape of Mīmāṃsā, but at this point I realise that “landscape” might be a misleading metaphor.

In fact, Mīmāṃsā authors were not just describing a natural scenario. They engineered a highly sophisticated system, with bridges connecting different actions and sewage systems to get rid of unwanted left-overs.

That’s why even though new Mīmāṃsā authors might change the flag on the top of the hill (as Maṇḍana did) or some particular aspect here and there, they were cautious not to jeopardise such a carefully engineered system.

For instance, when it comes to subordination, the only real options are Kumārila’s viniyoga system and Prabhākara’s upādāna. Other authors substantially follow the one or the other.