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 8.199
Sanskrit text, Unicode transliteration and English translation by Ganganath Jha:
अस्वामिना कृतो यस्तु दायो विक्रय एव वा ।
अकृतः स तु विज्ञेयो व्यवहारे यथा स्थितिः ॥ १९९ ॥asvāminā kṛto yastu dāyo vikraya eva vā |
akṛtaḥ sa tu vijñeyo vyavahāre yathā sthitiḥ || 199 ||If a gift or sale is made by one who is not the owner, it should be held to be as not-made,—such being the rule of judicial proceedings.—(199)
Medhātithi’s commentary (manubhāṣya):
It is not only purchase from one who is not the owner that is invalid,—but also what is received as ‘gift’—a ‘gift’ is that which is given either as charity or as a friendly present,—is not valid.
Verse 197 has declared that neither the buyer nor the seller is the owner of the property; and the present verse denies the ownership in cases where it may be considered as having been acquired, in accordance with the law that—‘one becomes the owner, through inheritance, purchase, partition and gift’ (Gautama, 10.39).
Such is the rule of judicial proceedings, and it should not be transgressed.—(199)
Explanatory notes by Ganganath Jha
Buhler wrongly asserts that “Nandana omits this verse.”
This verse is quoted (as Nārada’s) in Vivādacintāmaṇi (p. 40);—and in Kṛtyakalpataru (86a).
Comparative notes by various authors
(verses 8.198-199)
See Comparative notes for Verse 8.198.