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:

अदर्शयित्वा तत्रैव हिरण्यं परिवर्तयेत् ।
यावती सम्भवेद् वृद्धिस्तावतीं दातुमर्हति ॥ १५५ ॥

adarśayitvā tatraiva hiraṇyaṃ parivartayet |
yāvatī sambhaved vṛddhistāvatīṃ dātumarhati || 155 ||

Not having brought forward the gold, he should renew the bond; and he should pay as much interest as may be possible.—(155)

 

Medhātithi’s commentary (manubhāṣya):

Not having brought forward’—paid up—‘the gold,’—i.e., the amount of gold due as interest,—‘he should renew the bond’;—i.e., in the presence of witnesses he should make the declaration—‘I owe this man so much principal and so much interest,’—and should put this down in writing also; entering the amount of interest for one year;—so explain some people.

And in the new bond, when the principal along with accrued interest has been entered as the principal, the rate of interest stipulated should he very low; just such as may not become too much of a burden for the man; that is, it should be lower than the former rate.

Yajvan, Asahāya and Nārada hold that at the time of the renewal of the bond the debtor should be made to pay even a shell, if he is able to do so; so that the witnesses may not be witnesses to a mere verbal statement, but to the actual payment of even a small amount as interest; so that they actually see the money-transaction; and when they come to be examined,—which may be any time during ten years,—they may have their mind firm, on account of being able to recall what they had heard and also actually seen with their eyes.—(155)

 

Explanatory notes by Ganganath Jha

This verse is quoted in Vivādaratnākara (p. 73), which adds the following notes:—‘adarśayitvā hiraṇyam’, not bringing up the gold for payment,—not even a single pice,—and hence not paying even the interest, he should add the accrued interest to the original principal, and making this total the new principal, he should enter it in the new bond that he should write. Though the entire interest is actually due to be paid at the time, yet, if he is unable to pay the whole, he may pay just that much of it which he may be able to pay;—this is what is meant by the clause ‘yāvatī sambhavet etc.’

It is quoted in Parāśaramādhava (Vyavahāra, p. 194), which adds the following explanation:—‘Hiraṇyam adarśayitvā’,—not having paid the interest that has been earned,—he should have it included in that same bond;—in Kṛtyakalpataru (80a), which explains ‘hiraṇyam adarśayitvā’ as ‘not paying any part of the accrued interest to the Creditor,’ the meaning is that he should pay as much of the accrued interest as hew can, and then make out a fresh document;—and in Vīramitrodaya (Vyavahāra, 104a).

 

Comparative notes by various authors

(verses 8.154-155)

See Comparative notes for Verse 8.154.

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