Verse 8.103 [False evidence permissible in special cases]

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

तद् वदन् धर्मतोऽर्थेषु जानन्नप्यन्य्था नरः ।
न स्वर्गाच्च्यवते लोकाद् दैवीं वाचं वदन्ति ताम् ॥ १०३ ॥

tad vadan dharmato'rtheṣu jānannapyanythā naraḥ |
na svargāccyavate lokād daivīṃ vācaṃ vadanti tām || 103 ||

In some cases, a man who, though knowing the truth, deposes otherwise, through piety, does not fall off from heaven. This is a divine assertion that they reproduce.—(103)

 

Medhātithi’s commentary (manubhāṣya):

Though deposing otherwise than the truth, the man does not fall off from heaven; i.e., even though he has given false evidence, he does not incur sin.

“Is this so at all times?”

The text proceeds to say that it is not so always; but only in cases where it is done ‘through piety,’—i.e., through such pious motives as pity and the like; ‘cases’ means suits. How piety forms the motive is going to be shown in the next verse.

What is said here by the author is not out of his own mind; even previous writers on Smṛti have reproduced this ‘divine assertion.’ “What divine assertion?”—The assertion that ‘one should give false evidence from considerations of piety’ has emanated from the gods; and having heard that, Manu and other writers have reproduced it.

This is only a praising of false evidence under special circumstances.

Others however have explained this verse as supplementing the previous injunction; and under this explanation what is said here should apply to what has been said regarding the cattle—tenders and other Brāhmaṇas being exhorted like Śūdras, when asked to give evidence. People might ask how a Brāhmaṇa should be exhorted like a Śūdra; and the text explains that there can be nothing wrong in this, since Manu and other writers have made the declaration that they are to be treated as Śūdras, and they are the sole authority in matters relating to right and wrong.

Witnesses should tell the truth; and that in the manner in which it is enjoined; so that in a case where lying is righteous, that should he regarded as right.—103

 

Explanatory notes by Ganganath Jha

Buhler wrongly says that Nandana omits this verse; Hopkins is equally inaccurate in saying that Nandana places this verse after 104.

This verse is quoted in Kṛtyakalpataru (38a).

 

Comparative notes by various authors

Bṛhaspati (7.34).—‘Let him preserve, even by telling a lie, a Brāhmaṇa who has sinned once through error and is in peril of his life, and is oppressed by rogues and others.’