Verse 8.27 [Protection of the Interest of Minors (bāla)]

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

बालदायादिकं रिक्थं तावद् राजाऽनुपालयेत् ।
यावत् स स्यात् समावृत्तो यावत्चातीतशैशवः ॥ २७ ॥

bāladāyādikaṃ rikthaṃ tāvad rājā'nupālayet |
yāvat sa syāt samāvṛtto yāvatcātītaśaiśavaḥ || 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.

‘Bāladāyādi’—that of which a minor is the ‘dāyāda,’ 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 Ācārya). 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 Vivādaratnākara (p. 598), which explains ‘Bāladāyāgatam’ as ‘belonging to a minor’ and ‘ānupālayet’ as ‘should guard it against co-parceners’;—and in Vivādacintāmaṇi (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.’

Vaśiṣṭha (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.’

Viṣṇu (3.65, Vivādaratnākara, p. 598).—‘The King shall protect the property of infants, of people without protectors and of women.’

Śaṅkha-Likhita (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.’

Baudhāyana (Do.).—‘Until sons are able to transact, business, they shall keep their property along with the accrued profits carefully till they attain majority.’

Agnipurāṇa (Rājadharma, 222.18-19).—(Same as Manu, reading ‘bālaputrāsu’ in place of ‘baśāputrāsu.’)

Kātyāyana (Do.).—‘If a man dies leaving an infant, son, the relations shall protect his property.’