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:

सहासनमभिप्रेप्सुरुत्कृष्टस्यापकृष्टजः ।
कट्यां कृताङ्को निर्वास्यः स्फिचं वाऽस्यावकर्तयेत् ॥ २८१ ॥

sahāsanamabhiprepsurutkṛṣṭasyāpakṛṣṭajaḥ |
kaṭyāṃ kṛtāṅko nirvāsyaḥ sphicaṃ vā'syāvakartayet || 281 ||

If a low-born person tries to occupy the same seat with his superior, he should be branded on the hip and banished; or the king shall have his buttocks cut off.—(281)

 

Medhātithi’s commentary (manubhāṣya):

Superior’—i.e., the Brāhmaṇa, who is always ‘superior’ by reason of his caste, even though he be ‘inferior’ on account of his bad character. In the case of the other castes ‘superiority’ and ‘inferiority’ are relative and comparative (so that everyone of them may be ‘superior’ and also ‘inferior’). It is for this reason that the text has used the term ‘lowborn,’ where the term ‘born’ shows that what is meant is ‘inferiority’ by birth; hence on account of its proximity, the ‘superiority’ also should be understood to be by birth. This superiority by birth belongs to the Brāhmaṇa, irrespectively of other considerations, and he is never ‘inferior.’ From all which it follows that the punishment here laid down is for the Śūdra who occupies the same seat with the Brāhmaṇa.

Hips,’—buttocks;—‘branded’ upon that. This ‘branding’ is to be not mere marking with lime or saffron or such things; but it is to be indicative of the man’s having undergone the punishment; so that others might fight shy of the same transgression. Hence the marking prescribed is one that is ineffaceable, and should he done with an iron-nail or some such thing; as is going to be laid down below (8.352)—‘Punishments that strike terror, etc., etc.’

He should also be ‘banished’ from the kingdom.

Sphik’ is the name of a part of the buttocks, on both the right and the left side. This he ‘shall have cut off.’ In as much as this is an alternative to ‘branding,’ it is only the part, and not the entire buttock, that is to be cut off.

Tries to occupy’;—the man is to be punished not merely for trying to do so, but only when he has actually occupied it; because the mere wish or attempt can be hidden (and hence may not he discovered), and also because the penalty laid down is very severe.—(281)

 

Explanatory notes by Ganganath Jha

This verse is quoted in Aparārka, (p. 814);—and in Vivādaratnākara (p. 268), which adds the following notes:—‘Sahāsanamabhiprepsuḥ’ sitting on the same seat,—‘abhiprepsu’ (lit. desirous of getting at) standing here for actually getting at itself,—the man sitting upon the same seat with his superior should be ‘branded on his hip and banished—‘utkṛṣṭa,’ the Brāhmaṇa, ‘apakṛṣṭaja,’ the Śūdra,—‘kṛtāṅkah’, branded with red hot iron,—‘spicha,’ a part of the loin;—and in Vivādacintāmaṇi (Calcutta, p.75), which says that the ‘branding’ is to be done with iron, and that ‘spicha’ is a part of the waist.

 

Comparative notes by various authors

Gautama (12.7).—‘If he assumes a position equal to that of twice-born men, in sitting, in lying down, in conversation, or on the road, he shall undergo corporal punishment.’

Āpastamba (2.27.15).—‘A. Śūdra who assumes a position equal to that of a member of the first three castes, in conversation, on the road, or a coach, in sitting and on similar occasions, shall be flogged.’

Viṣṇu (5.20).—‘If he places himself on the same seat with his superior, he shall be banished with a mark on his buttocks.’

Nārada (15-16. 26).—‘A low-born man, who tries to place himself on the same seat with his superior in caste, shall be branded on his hip and banished; or the King shall cause his backside to be gashed.’

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