Verse 8.187

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

अच्छलेनैव चान्विच्छेत् तमर्थं प्रीतिपूर्वकम् ।
विचार्य तस्य वा वृत्तं साम्नैव परिसाधयेत् ॥ १८७ ॥

acchalenaiva cānvicchet tamarthaṃ prītipūrvakam |
vicārya tasya vā vṛttaṃ sāmnaiva parisādhayet || 187 ||

In doubtful cases he should try to obtain it without artifice and in a friendly manner; or having ascertained his character, he should settle the matter by gentle means.—(187)

 

Medhātithi’s commentary (manubhāṣya):

(This verse, as also the Bhāṣya on it is wanting in Mandalik, S, N and I. O.)

 

Explanatory notes by Ganganath Jha

“According to Nārāyaṇa, the verse refers to cases where one believes a deposit to be with another but has not made it over himself; according to Govindarāja and Kullūka, to cases where there may be error. Govindarāja and Kullūka think that the person who should act in the manner described is the king, and they explain ‘anvicchet by ‘he should decide.’ Nārāyaṇa and Rāghavānanda, on the other hand, think that the depositor should act thus.”—Buhler.

This verse has been omitted entirely by Medhātithi; neither the verse nor its commentary is found in the Mss.

This verse is quoted in Vivādaratnākara (p. 94), according to which the verse refers to what the depositors should do; it means that ‘the depository should keep the deposit honestly and lovingly; all the more so if the depositor is found to be a man of thoroughly good character.’

It is also quoted in Parāśaramādhava (Vyavahāra, p. 209), which says that this lays down what should be done by the successor of the depositor, if the depository does not of his own accord, surrender the deposit, after the depositor’s death.

 

Comparative notes by various authors

Bṛhaspati (12.14).—‘When a dispute arises with regard to a deposit privately made, the performance of an ordeal is ordained for both parties, to establish the facts of the case.’

Nārada (2.11).—‘The rightful owner shall try to recover the deposit amicably, without resorting to stratagems. Or, he shall explore the depositary’s mode of living and cause him to restore it by friendly expostulations.’