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:

यो निक्षेपं नार्पयति यश्चानिक्षिप्य याचते ।
तावुभौ चौरवत्शास्यौ दाप्यौ वा तत्समं दमम् ॥ १९१ ॥

yo nikṣepaṃ nārpayati yaścānikṣipya yācate |
tāvubhau cauravatśāsyau dāpyau vā tatsamaṃ damam || 191 ||

He who does not restore a deposit, and he who, without having made any deposit, asks for it,—both of these should be punished like thieves, or be made to pay a fine equal in value.—(191)

 

Medhātithi’s commentary (manubhāṣya):

This verse prescribes the punishment for one who denies what has been deposited with him, and also for him who demands what was never deposited. The man is to be fined that amount which would be the value of the article in regard to which the fraud is committed.—(191)

 

Explanatory notes by Ganganath Jha

This verse is quoted in Aparārka (p. 663);—and in Vivādaratnākara (p. 91), which adds the following explanation:—The depository, who, even when asked to do so, does not surrender the deposit,—or the other party who demands the deposit, without having delivered it,—both of these should be punished like a thief, if the property involved is a large one; but if it is a small one, then they have to be fined the value of the deposit in question, and the depository is to be forced to surrender the deposit also.

It is quoted in Vyavahāramayūkha, (p. 84);—in Parāśaramādhava (Vyavahāra, p. 208);—in Vivādacintāmaṇi (p. 89), which notes that in the same text the Matsyapurāṇa reads ‘dviguṇam damam’; it says that Manu’s rule is meant for cases where the persons concerned are poor and well-behaved;—in Kṛtyakalpataru (83b);—and in Vīramitrodaya (Vyavahāra, 113a), whieh explains ‘śāsyau’ as ‘should be punished and fined.’

 

Comparative notes by various authors

(verses 8.190-192)

See Comparative notes for Verse 8.190.

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