Manusmriti with the Commentary of Medhatithi
by Ganganatha Jha | 1920 | 1,381,940 words | ISBN-10: 8120811550 | ISBN-13: 9788120811553
This is the English translation of the Manusmriti, which is a collection of Sanskrit verses dealing with ‘Dharma�, a collective name for human purpose, their duties and the law. Various topics will be dealt with, but this volume of the series includes 12 discourses (adhyaya). The commentary on this text by Medhatithi elaborately explains various t...
Verse 8.27 [Protection of the Interest of Minors (bāla)]
Sanskrit text, Unicode transliteration and English translation by Ganganath Jha:
बालदायादिक� रिक्थं तावद� राजाऽनुपालयेत् �
यावत� � स्यात् समावृत्त� यावत्चातीतशैशवः � २७ �bāladāyādika� riktha� tāvad rājā'nupālayet |
yāvat sa syāt samāvṛtto yāvatcātītaśaiśava� || 27 ||The king shall take care of the property owned by a minor, till such time as he may return from the teacher’s house, or till he may have passed his minority.�(27)
Medhātithi’s commentary (manubhāṣya):
An objection is raised—“The subject that was introduced was the investigation of suits; where then was the occasion for the protecting of the property of minors?�
Answer.—This subject has been introduced here, just with a view to show that the property of minors does not come within the scope of legal proceedings; it has to be protected by the king, like his own property; otherwise the minor’s uncles and other relatives would quarrel among themselves, each asserting—‘I shall take care of it.� There is no connection of this subject with the present context. It has had to be introduced here,—and not along with the exclusive ‘Duties of the King,’—because in regard to this people may have the notion that even such property may form the subject of legal proceedings.
�徱’—that of which a minor is the �岹,� i.e., owner, in which sense the term is used here. The property owned by minors shall be taken care of by the king, till such time as he may return from the teacher’s house, or till he may have passed his minority. This second alternative of passing the minority is meant for those who pass their childhood in their own home (and are not handed over to an Āⲹ). In the case of one however who has entered the teacher’s house as a Religious Student, even though he may have passed his minority, his property shall have to be looked after until he returns from the teacher’s house. Or, the meaning may he that in the case of twice-born persons, the ‘return� shall be the limit, while in that of others, it shall be the ‘passing of minority.’�(27)
Explanatory notes by Ganganath Jha
This verse is quoted in վ岹ٲ첹 (p. 598), which explains �岵ٲ� as ‘belonging to a minor� and �Գܱ� as ‘should guard it against co-parceners�;—and in վ岹Գ峾ṇi (p. 244).
Comparative notes by various authors
Gautama (10.48).—‘The property of infants must be protected until they attain their majority or complete their studentship.�
ղśṣṭ (16.8-9).—‘The King shall protect the property of persons unfit to transact business;—but when a minor comes of age, his property must be made over to him.�
վṣṇ (3.65, վ岹ٲ첹, p. 598).—‘The King shall protect the property of infants, of people without protectors and of women.�
Śṅk-ٲ (Do., p. 599).—‘The King shall protect the property of infants, of persons unable to transact business, and of the wives of the Vedic Scholar and the Warrior. Ownerless properties revert to the King.�
ܻⲹԲ (Do.).—‘Until sons are able to transact, business, they shall keep their property along with the accrued profits carefully till they attain majority.�
Ծܰṇa (Rājadharma, 222.18-19).�(Same as Manu, reading �ٰܳ� in place of �śٰܳ.�)
ٲⲹԲ (Do.).—‘If a man dies leaving an infant, son, the relations shall protect his property.�