Verse 8.68

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

स्त्रीणां साक्ष्यं स्त्रियः कुर्युर्द्विजानां सदृशा द्विजाः ।
शूद्राश्च सन्तः शूद्राणां अन्त्यानामन्त्ययोनयः ॥ ६८ ॥

strīṇāṃ sākṣyaṃ striyaḥ kuryurdvijānāṃ sadṛśā dvijāḥ |
śūdrāśca santaḥ śūdrāṇāṃ antyānāmantyayonayaḥ || 68 ||

—Woman should give evidence for women; and for twice-born persons similar twice-born men, virtuous śūdhas for śūdras, and men of the lowest caste for the lowest men.—(68)

 

Medhātithi’s commentary (manubhāṣya):

In the case where both plaintiff and defendant are males, the evidence of females is not admissible; when however the suit lies between a male and a female, or between two females,—there women do appear as witnesses. But there is no restriction as to women alone—and no men,—being witnesses for women. In fact it is only in suits relating entirely to males that woman are admissible as witnesses only in special cases, since the only reason that is given for excluding women is their fickleness, but there are some women who are as truthful as the best propounded of the Veda and as steady.

‘For twice-born persons similar twite-born men’ As for the twice-born person of the higher class, and hence more trustworthy,—he may make certain statements whose veracity may be doubted,—and hence his words are not absolutely reliable. In fact the witness should be one who is accepted by the parties as reliable; and this is possible only when he belongs to the same class; as it is only men of the same class who by reason of living in the same place are expected to know all about one another’s transactions; while for others, it would be difficult to come into sufficiently close proximity with men of the lower strata; which, on the other hand, is always available for men of the same class. Similarly for men of inferior qualities, men of the same kind are to be witnesses; though this does not mean that persons with higher qualifications are not admissible.

The ‘similarity’ here meant may be—(a) in caste, or (b) in occupation, or (c) in qualities, or (d) in action, such as the studying of the Veda and so forth, or (e) in character.

But all this restriction is not meant to be applicable to very important suits; because as a rule much reliability is not found in men with inferior qualifications.

‘Far men of the lowest class’—such as the Caṇḍāla and the rest—men of the same low class. The compound ‘antya-yonayaḥ’ is to be expounded as those who have their yoni or origin in the lowermost stratum.

This is meant to be only illustrative. The same rule holds good regarding other classes of people,—such as craftsmen, actors and so forth,—for whom also the witnesses should be ‘similar’—in caste, occupation, character, etc.; though these have not been mentioned in the text; because the same reason is present in their case also.—(68)

 

Explanatory notes by Ganganath Jha

‘Sadṛśāḥ’—‘Inhabitants of the same place, of the same caste, same occupations, same qualifications’ (Medhātithi);—‘of the same caste’ (Kullūka) ‘of the same caste and equally virtuous’ (Govindarāja).

This verse is quoted in Aparārka (p. 665);—in Mitākṣarā (on 2.68);—in Smṛtitattva (II, p. 214);—in Nṛsiṃhaprasāda (Vyavahāra, p. 9b);—in Kṛtyakalpataru, 30b);—and in Vīramitrodaya (Vyavahāra, 47a).

 

Comparative notes by various authors

Vaśiṣṭha (16.30).—‘Let the King admit women as witnesses regarding women; for twice-born men, twice-born men of the same caste; good Śūdras for Śūdras, and men of low birth for men of the low caste.’

Yājñavalkya (2.69).—‘Or all men may be witnesses for all castes.’

Nārada (1.153).—‘Among companies of artisans, or guilds of merchants, artisans or merchants shall be witnesses; and members of an association among other members of the association; persons living outside, among those living outside; and women among women.’

Nārada (1.156).—‘If in a company of artisans or guilds of merchants, or in any other association, anyone falls out with his associates, they should not bo made witnesses against him; for they all are his enemies.’