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 8.220
Sanskrit text, Unicode transliteration and English translation by Ganganath Jha:
निगृह्� दापयेच्चैन� समयव्यभिचारिणम� �
चतुःसुवर्णान� षण्निष्कांश्शतमानं � राजकम् � २२� �nigṛhya dāpayeccaina� samayavyabhicāriṇam |
ٳḥsܱṇān ṣaṇniṣkāṃśśatamāna� ca rājakam || 220 ||Having caught such a breaker of compact, he shall make him pay six ‘Ծṣks� of four ‘ܱṇa� each, and also one silver ‘śatamāna.’�(220)
Medhātithi’s commentary (manubhāṣya):
�Having caught him,� i.e., detected and put him under restraint—tho king should punish him, without giving him any time.
The �Ծṣk of four ܱṇa each’—is that which is made up of four �ܱṇa.�
Though under 8.317, the �Ծṣk� has been defined as a measure consisting of four ‘ܱṇa,� yet the qualification is added here in view of other definitions of the �Ծṣk� found in other Smṛtis�e.g., one of them describes it as consisting of ‘a hundred ܱṇa.�
It might be argued that, in as much as the author himself has applied the name �Ծṣk� to four �ܱṇa� only, the mere mention of the name in the present text would be enough to show what is meant.
But, since the work is a metrical treatise, the presence of a superfluous epithet cannot be regarded as a defect.
Others have taken the term �ٳḥsܱṇa� as a ܱī compound, having the collective force, and hence explained the verse as prescribing three fines; the meaning being that the fine is to consist of �four ܱṇa,� and �six Ծṣks�; so that ten Ծṣks come to be indicated.
But for the purpose of making the compound a ܱī, it would be necessary to fasten the sense of possession on to that of association. For mere association with ‘variegated cows� does not make Devadatta a �侱ٰ�� (which is a ܱī compound meaning possessing variegated cows).
If the fines are to be taken as three distinct ones, then the only construction possible is to take the three as constituting a single penalty.
The penalty hero prescribed is alternative to ‘banishment� (prescribed in the preceding verse).�(220)
Explanatory notes by Ganganath Jha
“According to ‘others� mentioned by Medhātithi, ‘four ܱṇa, or six ṣk, or one ŚٲԲ; Kullūka and Rāghavānanda also think it possible that three separate fines may be inflicted according to the circumstances of the case.”—Buhler.
This verse is quoted in վ岹ٲ첹 (p. 182), which adds the following notes:—�ṛhⲹ,� having him hauled up;—�ٳḥsܱṇān� qualifying �ṣa� niṣkān� means ‘six of those ṣk which consists of 4 ܱṇa each the epithet �ٳḥsܱṇān� being added for the exclusion of the other two measures of the �ṣk� that are found in the Śāstras�viz. (a) ‘the ṣk consists of 108 ܱṇa,� (b) ‘the ṣk consists of 5 ܱṇa.’Ĕ�ŚٲԲ� consists of 320 鲹پ.
It is quoted in Ѿṣa (2.187), which notes that herein Manu mentions four penalties�(1) Banishment (verse 219), (2) fine of four ܱṇa, (3) fine of 6 ṣk and (4) fine of one ŚٲԲ; and any one of these may be inflicted in accordance with the peculiar circumstances of each case, such as the caste, the capacity and other things of the persons concerned.
It is quoted in ʲś (Vyavahāra, p. 253), which also regards the four as distinct penalties, to be determined according to the caste, learning and other qualifications of the persons concerned;—in ṛtⲹ첹貹ٲ (107a), which says that �ŚٲԲ� is equal to 320 Rattis;—and in īٰǻ岹ⲹ (Vyavahāra, 132a).
Comparative notes by various authors
(verses 8.219-221)
See Comparative notes for Verse 8.219.