Verse 8.88

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

ब्रूहीति ब्राह्मणं पृच्छेत् सत्यं ब्रूहीति पार्थिवम् ।
गोबीजकाञ्चनैर्वैश्यं शूद्रं सर्वैस्तु पातकैः ॥ ८८ ॥

brūhīti brāhmaṇaṃ pṛcchet satyaṃ brūhīti pārthivam |
gobījakāñcanairvaiśyaṃ śūdraṃ sarvaistu pātakaiḥ || 88 ||

He shall question the Brāhmaṇa with the word ‘speak,’ the Kṣatriya with ‘speak out the truth,’ the Vaiśya by sins pertaining to kine, grain and food, and the Śūdra by all the sins.—(88)

 

Medhātithi’s commentary (manubhāṣya):

“On what basis do we have the instrumental ending in gobījakāñcanaiḥ? If it be said to be due to these being instruments in the act of questioning, that cannot be; as it is the word (and not the kine, etc.) that are the instruments, a means of questioning.”

There is no force in this objection. We have to construe the words in such a manner as to make the ‘kine,’ etc., instruments of the questioning. The word ‘pātakaiḥ,’ ‘sins’ has got to be construed both ways, so that we have the phrase ‘gobījakāñcunaiḥ pātakaiḥ,’ which gives the meaning that ‘he should ask them by mentioning sins pertaining to the kine, grains and gold,’ i.e., the form of the question to be employed should he—‘if you tell a lie, you would he incurring the same sin that follows from stealing or killing the cow.’

Similarly, by mentioning the sins going to be enumerated (in the next verse), he should question the Śūdra. The term ‘sin’ here should he taken as standing for words expressing sins; because the sins themselves could not be the means or instrument of the questioning, as pointed out above.—(88)

 

Explanatory notes by Ganganath Jha

‘Gobījakañcanaiḥ’—‘Threatening him with the guilt of all offences committed against kine and the rest’ (Medhātithi) ‘with the guilt of the theft of kine etc.’ (Govindarāja, Kullūka and Rāghavānanda);—‘with the loss of his kine etc.’ (Nārāyaṇa);—‘by making him touch the cow and other things’ (Nandana).

This verse is quoted in Aparārka (p. 674);—and in Parāśaramādhava (Vyavahāra, p. 78), where however the first half is read as “sasyena śāpayedvi??aṃ kṣanniyaṃ vāhanāyudhaiḥ”;—in Smṛtitattva (II, p. 215), which adds:—The Vaiśya is to be admonished with the words:—‘those sins would accrue to you which are involved in stealing the cow etc. if you tell a lie and the Śūdra with the words—‘all kinds of sins would fall on you etc. etc.’;—in Smṛticandrikā (Vyavahāra, p. 204);—and in Kṛtyakalpataru (33b).

 

Comparative notes by various authors

Viṣṇu (8.20-23).—‘The Brāhmaṇa witness, the Judge shall exhort to declare,—the Kṣatriya, to declare the truth:—the Vaiśya he shall address thus:—‘Thy kine and gold shall yield thee no fruit”;—the Śūdra he should address thus:—“Thou shalt have to atone for all heavy crimes.”’

Nārada (1.198).—‘He shall cause the Brāhmaṇa to swear by truth, the Kṣatriya by his conveyances and weapons, the Vaiśya by his cows, grain or gold; and the Śūdra by all sorts of crimes.’