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:

बहुत्वं परिगृह्णीयात् साक्षिद्वैधे नराधिपः ।
समेषु तु गुणोत्कृष्टान् गुणिद्वैधे द्विजोत्तमान् ॥ ७३ ॥

bahutvaṃ parigṛhṇīyāt sākṣidvaidhe narādhipaḥ |
sameṣu tu guṇotkṛṣṭān guṇidvaidhe dvijottamān || 73 ||

On a conflict among witnesses, the king shall accept the majority; in the case of equality (of number) those possessed of superior qualifications; and in the case of conflict between equally qualified witnesses, the best among the twice-born.—(73)

 

Medhātithi’s commentary (manubhāṣya):

In a dispute over the possession of land, eg., when several witnesses have been cited in proof of possession, if some depose to possession by the plaintiff, while others to that of the defendant,—then the king shall accept the statement of the majority.

When the number on both sides are equal, he shall Accept the statement of those ‘possessed of superior qualifications,’—i.e., of a larger number of qualities, or of a single quality, but in a very large degree, very much to the benefit of mankind.

When there is a conflict between two equally qualified witnesses, preference has to be given to the higher caste.

Lastly, when both sets are equal in all respects, then recourse should he had to ordeals, or some other similar means of discrimination.

Accept the majority’—i.e., accept as true the statement of the majority.

Conflict’—making contradictory statements.—(73)

 

Explanatory notes by Ganganath Jha

Dvijottamān’—Brāhmaṇas’ (Govindarāja and Nārāyaṇa;—‘righteous Brāhmaṇas’ (Kullūka and Raghavānanda).

This verse is quoted in Smṛticandrikā (Vyavahāra, p. 211);—and in Kṛtyakalpataru (32a).

 

Comparative notes by various authors

Viṣṇu (8.39).—‘If there is contradictory evidence, let the King decide by the majority of witnesses; if there is equality in number, by superiority in virtue; if there is parity in virtue, by the evidence of the best among the twice-born.’

Yājñavalkya (2.78, 80).—‘When there is contradiction, the evidence of the majority should be accepted; when the number of witnesses is equal on both sides, then the evidence of those better qualified should he accepted; when there is contradiction among witnesses equally qualified, the evidence of those should be accepted who are possessed of the best qualifications. Even after the witnesses have deposed, if other witnesses, either better qualified or in larger numbers, come forward to depose to the contrary, the former witnesses should be rejected as false.’

Nārada (1.229).—‘When there is conflicting evidence, the majority of witnesses decides the matter. If the number of witnesses is equal on both sides, the testimony of those should be accepted as correct whose veracity is not liable to suspicion. If the number of such witnesses is equal on both sides, the testimony of those should be accepted who are possessed of a superior memory.’

Bṛhaspati (7.35).—‘In a conflict among witnesses, the testimony of the majority should be accepted; when the number is equal on both sides, the testimony of the more virtuous ones; when the virtuous witnesses are divided, the testimony of those specially eminent for the performance of righteous acts; whenever those are divided, the testimony of those endowed with superior memory.’

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