“Gobalivarda Nyaya” in Manubhasya 5.40

[Full title: Mimamsa and Popular Maxims (10) Gobalivarda Nyaya (3) References in Manubhasya verse 4.40]

Passage - paksinah kapinjaladayah | yadyapi te pasutvena coyate | aprasiddhatara prayogastu "saptagrabhyah pasavah saptaranyah " iti | gavadayo'paksinah catuspajjativaccanah pasusabdah | gobalivardavadva bhedo drastavyah | cmedhatithi on Ms-40) Translation Birds, the Kapinjala and the rest even though these are sometimes spoken of as animals, yet, as a rule they are not known by that name. For in such passages as there are seven tame animals and seven wild animals, the animals meant are the cow and the rest, which are not birds, in fact the term 'Pasku' animals, denotes quadrupeds; the difference between animals and birds may be regarded, as similar to that between the go and the balivardha (the former term being wider than the latter). Explanation - 1 While discussing lawful and forbidden meat we have Manu Smrti V-40. The stanza means - #Herbs, Animals, Trees, Beasts and Birds reaching death for the sake of sacrifice attain advancements. 1. ausadhyah pasavo vrksastaryancah paksinastatha | yajnartha nidhanam praptah prapnuvanyucchritih punah || 5 .40|| 92 Manu Smriti Vote P-46

Commenting on the expression 'Paksinaha' Medhatithi explains that, this word means birds known as Kapinjala and the rest, as the kind of birds are offered for sacrifice. Kapinjala some times called as animal. Hence the doubt arises that this Kapinjala would have been included under the expression 'Pasavaha'. Therefore the separate mention of the expression birds not necessary. removes Medhatithi, remarks the doubt applying the principle of maxim called 'Gobali vardana and says that the difference between animals and birds may be regarded similar to go and bali varda in the sense the former term being wider than the latter. Thus Medhatithi fittingly applies the maxim called Gabalivardana. It seems that Medhatithi has made a peculiar use of Gobali verdhya to indicate a difference between go and balivarda as is the case with pa su and pakshi though the birds are included in the animals. (Other commentators of Manu do not apply the Mimamsa discussion while commenting on the text). 93