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:

अजाविके तु संरुद्धे वृकैः पाले त्वनायति ।
यां प्रसह्य वृको हन्यात् पाले तत् किल्बिषं भवेत् ॥ २३५ ॥

ajāvike tu saṃruddhe vṛkaiḥ pāle tvanāyati |
yāṃ prasahya vṛko hanyāt pāle tat kilbiṣaṃ bhavet || 235 ||

When goats and sheep have been surrounded by wolves, and the keeper does not come for ward,—if the wolf forcibly kill any, the blame shall lie with the keeper.—(235)

 

Medhātithi’s commentary (manubhāṣya):

Goats and Sheep,’—‘Sheep’ also includes the wild goat.

When these have been ‘surrounded by wolves’—jackals and the rest—and they are not killed outright at the very first onset,—so that there is time to come forward and rescue the animals,—and yet ‘the keeper does not come forward’—to rescue them; under such circumstances, if the wolf should ‘forcibly kill any,’— the blame lies with the keeper. That is, he should he made to make it good to the owner, and also perform an expiatory rite.

Cows are large animals, and hence cannot he ‘surrounded’ by jackals, etc.; hence the present verse has specified ‘goals and sheep’; it does not follow that the rule applies to these animals only; so that this same rule applies to the case of young calves also.—(235)

 

Explanatory notes by Ganganath Jha

This verse is quoted in Aparārka (p. 773):—in Vivādaratnākara (p. 175), which notes that ‘goats and sheep’ stand for all such animals as are liable to be attacked by wolves; and explains ‘Samruddhe’ as attacked;—in Parāśaramādhava (Vyavahāra, p. 265), which adds the following notes:—‘Anāyati’, not coming to ward off the attack,—‘yām’, animal belonging to the category of ‘goats and sheep—this pertains to cases where the attack takes place in easily accessible places; in the case of its coming in a place which is inaccessible, no blame attaches to the keeper;—in Kṛtyakalpataru (105b);—and in Vīramitrodaya (Vyavahāra, 137a), which explains ‘anāyati’ as ‘if he does not come to avert the danger.’

 

Comparative notes by various authors

Narada (6.15).—‘If goats and sheep are surrounded by wolves, and the herdsman does not come to their assistance, he shall he responsible for any animal that the wolf attacks or kills.’

Viṣṇu (5.137-138).—‘Cattle being attacked, during daytime, by wolves or other ferocious animals, and the keeper not going to repel the attack, the blame shall fall upon him; and he shall make good to the owner the value of the cattle that has perished.’

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