Verse 8.326-329

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

सूत्रकार्पासकिण्वानां गोमयस्य गुडस्य च ।
दध्नः क्षीरस्य तक्रस्य पानीयस्य तृणस्य च ॥ ३२६ ॥
वेणुवैदलभाण्डानां लवणानां तथैव च ।
मृण्मयानां च हरणे मृदो भस्मन एव च ॥ ३२७ ॥
मत्स्यानां पक्षिणां चैव तैलस्य च घृतस्य च ।
मांसस्य मधुनश्चैव यच्चान्यत् पशुसम्भवम् ॥ ३२८ ॥
अन्येषां चैवमादीनां मद्यानामोदनस्य च ।
पक्वान्नानां च सर्वेषां तन्मुल्याद् द्विगुणो दमः ॥ ३२९ ॥

sūtrakārpāsakiṇvānāṃ gomayasya guḍasya ca |
dadhnaḥ kṣīrasya takrasya pānīyasya tṛṇasya ca || 326 ||
veṇuvaidalabhāṇḍānāṃ lavaṇānāṃ tathaiva ca |
mṛṇmayānāṃ ca haraṇe mṛdo bhasmana eva ca || 327 ||
matsyānāṃ pakṣiṇāṃ caiva tailasya ca ghṛtasya ca |
māṃsasya madhunaścaiva yaccānyat paśusambhavam || 328 ||
anyeṣāṃ caivamādīnāṃ madyānāmodanasya ca |
pakvānnānāṃ ca sarveṣāṃ tanmulyād dviguṇo damaḥ || 329 ||

In the case of the theft of yarns, cotton, fermenting drug, cowdung, molasses, curds, milk, skimmed curd, water and grass (326),—of vessels made of bamboo or cane, as also of salts, earthenware, earth and ashes (327)—of fish, birds, oil, clarified butter, meat, honey, and other animal-products (328)—of other things of this kind, spirituous liquors, cooked rice and all kinds of cooked food,—the fine shall be double the value of the thing (stolen).—(326-329)

 

Medhātithi’s commentary (manubhāṣya):

(verses 8.326-329)

‘Yarns’—woolen, jute and so forth.

‘Salts,’—rock-salt, black salt, and so forth.

‘Other animal-products’—the flesh, etc.

Other kinds of ‘cooked food’—such as sweet bread, sweetmeats, etc. The term ‘ādi’ means kinds, kinship consisting in similarity, equality, similar utility. It is in this sense that butter, gruel, sugar-candy, sugar, coagulated milk, inspissated milk and so forth become included. The term ‘animal-products.’ according to some, includes the wool, the skin and so forth.

‘And be forth’—includes the products of the things mentioned; and as an example of this, the text has mentioned both ‘curd’ and ‘milk.’

Similarly ‘yarn’ includes also cloth made from yarns.

As for the ‘nalikā’ and such things, even though they are made up of yarns, and are ‘animal-products,’—yet, being already included under ‘fine clothes’ (verse 321), they are to be excluded from the present verse.

The term ‘taila’ here stands for oils in general,—and not for the oil of ‘tila,’ sesamum, only, as its derivation suggests. So that the oils of linseed, Priyaṅgu, cardamom and other things also become included.—(326-329)

 

Explanatory notes by Ganganath Jha

(verses 8.326-329)

These verses are quoted in Vīvādaratnākara (p. 326), which adds the following notes:—Anyeṣāmevamādīnām’, i.e., pastries and the like,—‘anyat paśusambhavām’, skins, tusks and so forth;—in Vyavahāra-Bālambhaṭṭī (p. 989);—and in Vivādacintāmaṇi (p. 140), which says that this refers to the case of the theft of small quantities of yarn; and such as have been made ready for use.

 

 

Comparative notes by various authors

(verses 8.326-331)

Viṣṇu (5.83-86).—‘A stealer of thread, cotton, cow-dung, sugar, sour milk, milk, butter-milk, grass, salt, clay, ashes, birds, fish, clarified butter, oil, meat, honey, basket-work, split bamboo, earthenware, or iron pots, shall pay three times its value as fine;—the same fine is ordained for dressed food. For stealing flowers, green grain, shrubs, creepers, climbing plants or leaves, the fine is 5 kṛṣṇalas;—the same for stealing pot herbs, roots or fruits.’

Nārada (Theft, 22-24).—‘For stealing wood, cane, grass and the like, earthenware-utensils, bamboo, utensils made of bamboos, rattan, bone, leather, vegetables, green roots, grass, flowers, cow-milk, molasses, salt, oil, cooked food, dressed food spirituous liquor, flesh, and other objects of small value, a fine five times the value of the article shall be levied.’

Bṛahspati (22.20).—‘When a man takes grass, wood, flowers, or fruit, without permission of the owner, he deserves to have a hand cut off.’

Do. (22.25).—‘He who destroys or takes away implements of husbandry, an embankment or flowers, roots or fruits, shall be fined a hundred paṇas, or more according to the nature of the offence.’

Yājñavalkya (2.275).—‘For stealing articles trifling, mediocre or large, the punishment shall he in accordance with the value of the article stolen; and in the inflicting of punishments, the King shall take into consideration the time, the place and also the age and capacity of the offender.’

Śaṅkha-Likhita (Aparārka, p. 848).—‘If a non-Brāhmaṇa steals, either forcibly or unintentionally, any of the following articles belonging to a Brāhmaṇa, he shall have his hand cutoff:—sacrificial fuel, clarified butter, fire-wood, grass, fodder, flower, incense, fruits; if any one is actually caught in the act of stealing kuśa-grass, leather-vessels, or the Agnihotra-implements, his limb shall be cut off; hut if he is found out afterwards, he shall be made to ride a donkey if he is a Brāhmaṇa, and shall have his head shaven.’

Vyāsa (Vivādaratnākara, p. 325).—‘One who steals trifling and mediocre articles, or flowers, roots or fruits, shall be made to pay double the value of the article, or a fine of five kṛṣṇalas.’

Do. (p. 328).—‘For stealing things of small value or milk or milk-products, the stealer should ho made to pay to the owner the value of the thing, and to the King a fine double the said value.’

Gautama (Do.).—‘Five kṛṣṇalas for the stealing of fruits, green grains or vegetables.’

Śaṅkha-Likhita (Do., p. 327).—‘For the stealing of dressed wood, stone, earthenware, vessels made of leather or cane, the fine shall be either five times the value of the article stolen, or three kārṣāpaṇas.’

Arthaśāstra (p. 100).—‘For stealing flowers, fruits, vegetables, roots, cooked food, vessels of leather, bamboo or earthenware, or other trifling things, the fine shall be not less than 12, or more than 24 Paṇas. For stealing articles made of iron, wood or ropes,—or of small animals, clothes and such things, or large objects, the fine shall be not less than 24, or more than 40 Paṇas; for stealing vessels made of copper, vṛtta (?), bell-metal, glass or ivory, the fine shall be not less than 48 or more than 90 Paṇas, i.e., the first amercement.’