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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...

Sanskrit text, Unicode transliteration and English translation by Ganganath Jha:

वैश्यश्चेत� क्षत्रियां गुप्ता� वैश्या� वा क्षत्रिय� व्रजेत� �
यो ब्राह्मण्यामगुप्ताया� तावुभौ दण्डमर्हतः � ३८� �

vaiśyaścet kṣatriyā� guptā� vaiśyā� vā kṣatriyo vrajet |
yo brāhmaṇyāmaguptāyā� tāvubhau 岹ṇḍmarhata� || 382 ||

If a Vaiśya approaches a protected ṣaٰⲹ woman, or the ṣaٰⲹ a Vaiśya woman,—both these deserve the same punishment as that in the case of an unprotected Brāhmaṇa woman.�(382)

 

Medhātithi’s commentary (manubhāṣya):

It has been said above (in 376) that in the case of approaching an unprotected Brāhmaṇa woman, the Vaiśya ‘should be committed with five hundred and the ṣaٰⲹ with one thousand.� So in the present case also the fine for the ղḥy would be five hundred.

The heavier punishment for the ṣaٰⲹ is justified on the ground that being entrusted with the task of protecting the people, if he takes to offending against them, he incurs a great sin.�(382)

 

Explanatory notes by Ganganath Jha

This verse is quoted in վ岹ٲ첹 (p. 393), which remarks that �岹ṇḍ�, ‘punishment,� meant here is the ‘middle amercement�;—in ղⲹū (p. 106);—in 貹첹 (p. 857), which remarks that the meaning is that in the case of the Vaiśya having intercourse with an unguarded ṣaٰⲹ woman who is entirely corrupt, the fine is 500; while if the woman is guarded and chaste, then death-penalty;—if the woman belongs to the same cāste as himself, the penalty is the ‘highest amercement.�

It is quoted in Ѿṣa (2.286);—i ʲś󲹱 (Vyavahāra, p. 319), to the effect that between the ṣaٰⲹ and the Vaiśya, if one has recourse to the woman of the other caste, the penalty is a fine of 1,000 and 500 貹ṇa respectively;—and in īٰǻⲹ (Vyavahāra 156a).

 

Comparative notes by various authors

(verses 8.382-385)

[See Texts under 371, 372 and 374-378.]

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