Verse 8.205

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

नोन्मत्ताया न कुष्ठिन्या न च या स्पृष्टमैथुना ।
पूर्वं दोषानभिख्याप्य प्रदाता दण्डमर्हति ॥ २०५ ॥

nonmattāyā na kuṣṭhinyā na ca yā spṛṣṭamaithunā |
pūrvaṃ doṣānabhikhyāpya pradātā daṇḍamarhati || 205 ||

The giver, of a girl who is insane or leprous or has suffered copulation, does not deserve punishment, if he has previously declared her defects.—(205)

 

Medhātithi’s commentary (manubhāṣya):

By the declaration that one does not deserve punishment by giving a girl suffering from the defects of insanity and the rest, after having openly declared them,—what is meant is that by giving her without declaring the defects, one does become liable to punishment.

Not only in the case of the girl given for a price, but also in that of others, who is going to be married by the ‘Brāhma’ and other forms,—the betrothal becomes invalidated, and the penalty is that ‘the man becomes guilty of theft’ (verse 198),—if he does it intentionally; the case in which it is done unintentionally does not fall within the scope of the present context (which deals with ‘fraud’).

The construction is as follows:—‘If the man openly declares, at the time of betrothal, the defect of the ‘insane’ girl, i.e., insanity,—of the ‘leprous’ girl—i.e., leprosy—of the girl who ‘has suffered copulation’—i.e., loss of virginity,—by saying ‘this girl has such and such a defect,’—then he is not liable to punishment.—(205)

 

Comparative notes by various authors

(verses 8.204-205)

See Comparative notes for Verse 8.204.