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 8.51
Sanskrit text, Unicode transliteration and English translation by Ganganath Jha:
अर्थेऽपव्ययमान� तु करणे� विभावितम� �
दापयेद� धनिकस्यार्थं दण्डलेशं � शक्तित� � ५१ �arthe'pavyayamāna� tu karaṇena 屹ٲ |
dāpayed dhanikasyārtha� daṇḍaleśa� ca śaktita� || 51 ||The man who denies a debt shall be made to pay the creditor’s due, proved by evidence, as also a small fine, according to his means.�(51)
Medhātithi’s commentary (manubhāṣya):
Even in the presence of convincing proof, if the debtor does not himself admit the debt, then recourse should not be had to ‘trick� and the other means,—the King should be informed of it; and when summoned by the King, if the man �denies the debt,’—saying ‘I do not owe him anything’—then, on its being �proved by evidence’—in the shape of written document, oral witnesses and possession,—and the man being made to confess that he does owe the debt,—he shall make the debtor repay the �creditor’s due,’Ĕ�as also a small fine,� a small penalty, which shall, later on, he fixed at the tenth part of the claim.
If the man he unable to pay the whole fine, he may be made to pay a fine even less than the tenth part. Or, the favour of the fine being inflicted according to the man’s means,—even less than the tenth part—may be taken as pertaining to the case of the man who denies the debt (not through perversity, but) through having forgotten all about it, through carelessness.
�Evidence,� proof, is of three kinds; thus enumerated elsewhere—‘If one did not have a written deed executed, nor is there a witness, nor previous claiming, there the only means is the supernatural one (ordeal).’�(51)
Explanatory notes by Ganganath Jha
This verse is quoted in վ岹ٲ첹 (p. 76), which adds the following notes:—�Ā貹ⲹⲹԲ�, ‘denying�,—�ṇeԲ,� ‘by evidence, documentary and otherwise�,—�屹ٲ�, ‘faced, convinced�;—such a debtor the king shall compel to pay the amount to the creditor;—and by reason of the man having denied what was true, the king shall exact from him a slight fine also.
It is quoted in ʲś (Vyavahāra, p. 153), which adds that this rule is meant for the case where the debtor is a well behaved Brāhmaṇa;—in ղⲹٲٳٱ (p. 61);—and in ṛtⲹ첹貹ٲ (p. 80b).
Comparative notes by various authors
վṣṇ (6, 19-20).—‘If the debtor, forced to discharge the debt, complains to the King, he shall be fined in an equal sum. If a creditor sues before the King and fully proves his demand, the debtor shall pay to the King, as fine, the tenth part of the sum proved.�
ṛh貹پ (11.62).—‘A debtor denying his liability shall be compelled to pay, on the debt being proved, in court, by a document or by witnesses.�