Verse 8.219 [Breach of Contract]

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

यो ग्रामदेशसङ्घानां कृत्वा सत्येन संविदम् ।
विसंवदेन्नरो लोभात् तं राष्ट्राद् विप्रवासयेत् ॥ २१९ ॥

yo grāmadeśasaṅghānāṃ kṛtvā satyena saṃvidam |
visaṃvadennaro lobhāt taṃ rāṣṭrād vipravāsayet || 219 ||

If a man, after having entered into a compact under oath with a village, a country or a confederation, should break it, through greed,—him the king shall banish from his kingdom.—(219)

 

Medhātithi’s commentary (manubhāṣya):

‘Village’—is a group of households; and the term here stands for the inhabitants of the village; as it is only among men that there can he a compact. Similarly ‘country’ is a group of villages.

‘Confederation’—a combination formed by persons professing the same faith or path, even though inhabiting different countries and belonging to different castes. For instance, there is the ‘confederation of mendicants,’ the ‘confederation of traders,’ the ‘confederation of persons learned in the Vedas,’ and so forth.

There are several kinds of business is which inhabitants of villages, etc., make a combination among themselves. For instance—‘our village is being encroached upon by the inhabitants of another village,—very frequently they graze their cattle on our pasture-lands,—they cut our embankments and carry away water,—if you be all agreed, then we shall prevent their doing all this,—and when we prevent them, it is possible that we may come to blows, or may have to appear before the ‘court;—if we remain combined in all this, then we shall go forward to prevent the encroachment; otherwise we shall let it be.’ On this compact being proposed, men may agree to it, saying—‘yes; why should the ancient privileges of our village be trespassed by them?’ Now, after having thus entered the compact and encouraged it, if some one were to shirk away and make common cause with the other party, and become lukewarm towards his own neighbours,—such a person should be banished by the king from his kingdom; i.e., he should not be allowed to live there any longer.

Similarly, in regard to the business of tradespeople or Brāhmaṇas and others, when once a man has entered into a compact, he should not break it.

The penalty here laid down pertains to the breach of compacts relating to such work as is of public utility, in due accordance with law and custom, and not detrimental to the interests of the city and kingdom at large.

‘Through greed—‘greed’ here stands for succumbing to one’s own selfish interests as served by the inhabitants of the rival village.

For cases of such breach, through ignorance, there is another remedy.—(219)

 

Explanatory notes by Ganganath Jha

This verse is quoted in Parāśaramādhava (Vyavahāra, p. 253), which explains ‘satyena’ as ‘by swearing’;—in ‘Mitākṣarā (2.187), which adds that this applies to cases where the cause of action is slight;—in Vivādaratnākara (p. 182), which adds the following notes:—‘Grāma’, is well-known;—‘deśa’ consists of a group of villages, a district;—‘saṅgha’ is a corporation composed of several persons following one ‘dharma,’ living in different places. It is also quoted in Kṛtyakalpataru (107a);—and in Vīramitrodaya (Vyavahāra, 132a).

 

Comparative notes by various authors

(verses 8.219-221)

Viṣṇu (5.168).—‘He who violates the established rule shall be banished.’

Yājñavalkya (2.186-192).—‘If one misappropriates the property of a corporate body, or breaks the conditions of agreement, the King shall confiscate his entire property and banish him from the kingdom. What is declared by the members of the corporation should be obeyed by all component members; if any of them act contrariwise, he should be fined the first amercement....... This same rule applies to guilds, trading companies, corporations of heretics and other corporate bodies.’

Nārada (10.2-7).—‘Among heretics, followers of the Veda, guilds, corporations, troops, assemblages and other associations, the King shall maintain their usages and customs—whatever be their laws, their duties, their rules regarding attendance, and the particular inodes of livelihood prescribed for them, that the

King shall approve of. The King shall prevent them from undertaking such acts as would be detrimental to the interests, either of their own associations or of the King himself, or despicable in their very nature. Mixed assemblages, unlawful wearing of arms and mutual attacks among these persons shall not be tolerated by the King. Those who cause dissension among the members of an association, shall undergo punishment of a specially severe kind.’

Bṛhaspati (17.5, 10-16).—‘A compact formed among villages, companies of artisans, and associations is called an agreement; such an agreement must be observed both in times of distress and for acts of piety. Two, three or five persons shall be appointed as advisers to the association; their advice shall be taken by the villagers, companies, corporations and other fellowships. When a stipulation has been entered in a document in the form, “The construction of a house or a shed, temple...... shall be undertaken by us in proportionate shares,”—that is lawful agreement. Such an agreement must be kept by all. he who fails in his agreement, though able to perform it, shall be punished with confiscation of his entire property and by banishment from the town. For one who has fallen out with his associates, or neglects his duties by them, a fine is ordained, amounting to six Niṣkas of four Suvarṇas each. He who injures the joint stock, or insults a Brāhmaṇa learned in the three Vedas, or breaks the mutual agreement, shall be banished from the town. An acrimonious or malicious person, and one who causes dissension or does violent acts, or who is inimically disposed towards the company, association or the King, shall be banished instantly from the town. Whatever is obtained by one man shall belong to all in common; whether it has been acquired a six-month or a month ago, it shall be divided in due proportion.’

Kātyāyana (Aparārka, pp. 793-795).—‘One who is addicted to acts of violence, one who sows dissension among the members of the corporation, and one who ruins the property of the corporation,—all these should be extirpated, after being proclaimed as such;—so says Bhṛgu. Whatever has been acquired for the corporation, belongs to all the members in equal shares.’

Kātyāyana (Vivādaratnākara, p. 180).—‘Whatever laws may have been prescribed for associations, the members thereof shall do all acts according to them, remaining firm in their duties.’