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:

क्षुद्रकाणां पशूनां तु हिंसायां द्विशतो दमः ।
पञ्चाशत् तु भवेद् दण्डः शुभेषु मृगपक्षिषु ॥ २९७ ॥

kṣudrakāṇāṃ paśūnāṃ tu hiṃsāyāṃ dviśato damaḥ |
pañcāśat tu bhaved daṇḍaḥ śubheṣu mṛgapakṣiṣu || 297 ||

In the case of hurting petty animals, the fine is two h undred; and fifty in the case of the auspicious quadrupeds and birds.—(297)

 

Medhātithi’s commentary (manubhāṣya):

Animals of small size are called ‘petty’; these may, in some cases, be ‘petty’ in age,—as in the case of the calf, the elephant-cub and. so forth; and in others they may he ‘petty’ in quality,—as the ram and such animals. As for the latter, the author is going to lay down ‘five māṣas’ as the fine for killing goat and sheep. Hence the present text must be taken as referring to the small-sized animals other than those two.

Auspicious quadrupeds’ are the deer and similar animals; which are ‘auspicious’ in shape, as well as quality; and ‘birds,’ such as the swan, the parrot and so forth. And the ‘inauspicious quadrupeds and birds’ are the crow, the owl, the jackal and so forth.

The term ‘paśu’ here stands for quadrupeds.

People have held that the penalties laid down here refer to ‘hurt’ in general, and not to ‘hurt’ caused by conveyances, which form the subject-matter of the context. Because, it is contended, the treatment of the subject of ‘hurt caused by conveyances’ was finished at verse 295,—where it was declared that the punishment (for hurt caused by conveyances) has been ‘vicāritaḥ,’ which means that ‘its consideration has been finished.’ And hence it is held that what is declared in the present verse has no connection with that context.

Similarly under verse 290, in the sentence ‘half of that in the case of the larger animals,’ the penalty spoken of as ‘half’ should, on the strength of other Smṛtis, be taken as referring to the cutting off of the hand or some such limb, which would he a minor form of ‘death’ (and hence ‘half’).—(297)

 

Explanatory notes by Ganganath Jha

This verse is quoted in Mitākṣarā (2.300), where Bālambhaṭṭī adds the following notes:—‘Kṣūdra-paśu’ are smaller animals,—these smaller ones being either in age, e.g., calves &c., or in quality, e.g., goats &c.; but it is the former that are meant here; so that for the killing of a young calf the fine would be 200; in the case of birds that are auspicious—in shape or in quality,—‘mṛga,’ the ruru, the pṛṣata and other species of the deer,—birds, such as the parrot, the swan and so forth,—the fine is 50.

It is quoted in Vivādaratnākara (p. 283), which adds the following notes:—‘Kṣudra’ means small; and ‘smallness’ is of two kinds—due to age, as in the case of the elephant cub, and due to quality, as in the case of the goat and the like; the ‘śubha mṛga’ are the Ruru, the Pṛṣata and so forth; and ‘śubha’ birds are the parrot and the like.

It is quoted in Vyavahāramayūkha (p. 109);—and in Parāśaramādhava (Vyavahāra, p. 291).

 

Comparative notes by various authors

(verses 8.295-298)

See Comparative notes for Verse 8.295.

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