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:

चक्रवृद्धिं समारूढो देशकालव्यवस्थितः ।
अतिक्रामन् देशकालौ न तत्फलमवाप्नुयात् ॥ १५६ ॥

cakravṛddhiṃ samārūḍho deśakālavyavasthitaḥ |
atikrāman deśakālau na tatphalamavāpnuyāt || 156 ||

When a man has entered into a ‘wheel-contract’ wtth reference to a particular place or time,—if he fails in regard to the place or time, he shall not suffer its reward.—(156)

 

Medhātithi’s commentary (manubhāṣya):

‘I am going to Benares,—my purpose being the acquiring of merit as well as trading in vessels; and such and such an amount shall be the interest paid upon the wheeled conveyance you supply’;—this contract having been entered into, if the man does not actually proceed to Benares, being forced back with only a little profit, by difficulties in the form of forests, river-crossings and anarchism,—then he should not be made to pay the entire amount of interest stipulated; for how can the reward that would be due to those who have gone to Benares be due to those who never went to that place? When the oxen go a long distance, it involves much labour on their part; so that it is right that the reward of their owner should he commensurate with that labour; but when they have returned sooner than stipulated, it is open to the owner to make further profit on them by hiring them out afresh.

This is what is meant by ‘failure’ in the text.

Similarly as regards time also, the contract being—‘These oxen may work for me for a month, and your interest shall be so much,’—if the man returns the bullocks in a fortnight (the man does not have to pay the full reward).

In both these cases, the debtor has ‘entered into the wheel-ccntract’—i.e., accepted its terms—and in this contract a special place or time has been stipulated,—if then, on account of reasons described above, he has not kept up to the stipulated place or time, and has thus ‘failed’ in regard to them,—‘he shall not suffer’—have to pay—‘the reward,’ in the form of the stipulated interest.—(156)

 

Explanatory notes by Ganganath Jha

Cakarvṛddhi’;—‘Interest on wheeled carriage’ (Medhātithi, Govindarāja, Kullūka and Rāghavānanda);—‘compound interest’ (Nārāyaṇa as also ‘others’ in Medhātithi on verse 157).

This verse is quoted in Vivādaratnākara (p. 73), which gives a totally different explanation:—‘Deśakālavyavosthitaḥ cakravṛddhim samārūḍhaḥ’ means ‘having entered into an agreement regarding cakravṛddhi’ to the effect that “at such and such a place and time I shall take döuble this amount,”—if the creditor asks for repayment of his dues with compound interest, before the stipulated time, or at a place other than the stipulated one, then he shall not receive his dues with compound interest;’—in Kṛtyakalpataru (80a), which explains ‘samārūḍha’ as ‘stipulated, agreed upon,’ and ‘tatphalam’ as the effect of the cakravṛddhi;—and in Vīramitrodaya (Vyavahāra, 104a).

 

Comparative notes by various authors

(verses 8.156-157)

Arthaśāstra (p. 64).—‘For 100 Paṇas, the proper interest is ¼ Paṇa; 5 Paṇas for traders; 10 Paṇas for dealers in forests; 20 Paṇas for dealers on the seas.’

Yājñavalkya (2-38).—‘Dealers in forests should pay 10 per cent., and dealers on the seas, 20 per cent.; or men may pay to all castes whatever interest may have been agreed upon by themselves.’

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