Verse 8.102 [Some witnesses to be treated like Śūdra]

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

गोरक्षकान् वाणिजिकांस्तथा कारुकुशीलवान् ।
प्रेष्यान् वार्धुषिकांश्चैव विप्रान् शूद्रवदाचरेत् ॥ १०२ ॥

gorakṣakān vāṇijikāṃstathā kārukuśīlavān |
preṣyān vārdhuṣikāṃścaiva viprān śūdravadācaret || 102 ||

‘He shall treat like Śūdras the Brāhmaṇas who tend cattle, who engage in trade, and who are craftsmen, actors, menial servants ok money-lenders.’—(102)

 

Medhātithi’s commentary (manubhāṣya):

‘Craftsmen’—artisans; carpenters, blacksmiths, cooks and so forth.

‘Actors’—dancers and singers.

‘Menial servants,’—those who serve others for a living; known as ‘dāsa.’

‘Money-lenders,’—who live upon interest on money lent.

These persons, even though they he Brāhmaṇas, should, in the matter of taking evidence and administering ordeals,—that this is meant is dear from ‘the context—he ‘treated’—i.e., questioned—‘like Śūdras’; but not so in other matters. That is to say, in taking evidence, the Śūdra is not questioned with reference to charity, virtue and the like, and in ordeals, he is subjected to the ordeal by fire; and the same treatment should be meted out to the persons mentioned here.

Though ordeal has not yet been spoken of in the present context, yet what is said here is taken as applying to the case of ordeals also, because they are dealt with immediately after the present section, and immediate sequence also is a basis of relationship; the two subjects therefore are closely interrelated.—(102)

 

Explanatory notes by Ganganath Jha

This verse is quoted in Aparārka (p. 674), and again on p. 681, as indicating that in certain eventualities even a Brāhmaṇa may be condemned to death;—in Vyavahāramayūkha (p. 19);—in Vīramitrodaya (Rajānīti, p. 268), which refers to Aparārka and adds that the term ‘viprām’ here stands for the illiterate Brhāmaṇa who does cattle-tending &c., as also for such Kṣatriyas and Vaiśyas as are addicted to degraded vocations;—in Hemādri (Dāna, p. 35 and Śrāddha, p. 359);—in Prāyascittaviveka (p. 384);—in Smṛticandrikā (Vyavahāra, p. 205).

 

Comparative notes by various authors

Baudhāyana (1.10.24).—‘Let him treat as Śūdras those Brāhmaṇas who tend cattle, or live by trade, or are artisans, actors, servants or usurers.’