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 8.264
Sanskrit text, Unicode transliteration and English translation by Ganganath Jha:
गृहं तडागमारामं क्षेत्रं वा भीषय� हरन् �
शतान� पञ्च दण्ड्य� स्यादज्ञानाद� द्विशत� दम� � २६� �gṛha� taḍāgamārāma� kṣetra� vā īṣa haran |
śatāni pañca daṇḍya� syādajñānād dviśato dama� || 264 ||If a person, by intimidation, appropriates a house, a tank, a garden, or a field, he shall be fined five hundred; but only two hundred, if he does it in ignorance.�(264)
Medhātithi’s commentary (manubhāṣya):
In the course of dealing with fields, etc., this additional law is here added.
�Intimidation’—has been mentioned only as an example, of the methods of misappropriation employed; the meaning is that—‘if a man knowing the field to belong to another person, takes possession of it, he shall he fined five hundred.�
‘Middle amercement� (which is 500) having been already mentioned in the preceding verse, its reiteration here is meant to indicate that the amount shall vary according to the methods of misappropriation. Or it may be, as some people hold, that in the preceding verse, no significance is meant to be attached to the exact number.
The man appropriates another’s property by such intimidations as—‘I shall file a suit and have him punished by the king,� or ‘I shall have him robbed by thieves,� and so forth; and in this case the fine shall he five hundred, while in other oases, it is to be some other form of it.�(264)
Explanatory notes by Ganganath Jha
This verse is quoted in Ѿṣa (2.155), according to which ñ is meant to cover those cases where a man takes possession of another’s garden &c. under the impression that they really belong to himself; in which case the fine is to be only two hundred. ṭṭī has the following notes:—�īṣa,� threatening with dangers from some other source; this includes greed also.
It is quoted in 貹첹 (p. 766);—in վ岹ٲ첹 (p. 222), which explains �īṣa,� as ‘by arousing fear in him,’—�ñ� as ‘through mistake�;—in ղⲹū (p. 98);—in վ岹Գ峾ṇi (Calcutta, p. 64), which explains that ‘if one robs the house after having threatened the owner, the fine is only 500 貹ṇa;’—and in īٰǻ岹ⲹ, (Vyavahāra, 143b).
Comparative notes by various authors
(verses 8.253-264)
See Comparative notes for Verse 8.253.