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...

Verse 8.117 [Effect of False Evidence upon the Suit]

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

यस्मिन् यस्मिन् विवादे तु कौटसाक्ष्यं कृतं भवेत् ।
तत् तत् कार्यं निवर्तेत कृतं चाप्यकृतं भवेत् ॥ ११७ ॥

yasmin yasmin vivāde tu kauṭasākṣyaṃ kṛtaṃ bhavet |
tat tat kāryaṃ nivarteta kṛtaṃ cāpyakṛtaṃ bhavet || 117 ||

In whatever suit false evidence should have been given, the effect of that shall cease, and what has been done shall be undone.—(117)

 

Medhātithi’s commentary (manubhāṣya):

In a suit where a decision should have been taken on the strength of lying witnesses,—that decision shall be reversed.

What is done shall be undone i.e., even though the creditor may have received the amount of debt claimed, he should be made to refund it; and the debtor shall be excused the fine that may have been imposed upon him. In a case where the victory was merely verbal, the verdict being simply ‘you are defeated,’—the same shall be declared to be reversed.

The decision, carried into effect, even to the realisation of the fine,—is what is said to be ‘done’; and this ‘shall cease’, ‘become undone’; the repetition of the same idea serving the purpose of filling up the metre.—(117)

 

Explanatory notes by Ganganath Jha

This verse is quoted in Mitākṣarā (on 2.77), to the effect that even though the case may have been decided, yet if, even subsequently it is found out that the witnesses had deposed falsely,—the decision should be upset;—in Smṛtisāroddhāra (p. 337);—in Kṛtyakalpataru (p. 65a);—and in Vīramitrodaya (Vyavahāra, 39b).

Like what you read? Consider supporting this website: