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:

यस्त्वेतान्युपकॢप्तानि द्रव्याणि स्तेनयेन्नरः ।
तमाद्यं दण्डयेद् राजा यश्चाग्निं चोरयेद् गृहात् ॥ ३३३ ॥

yastvetānyupakḷptāni dravyāṇi stenayennaraḥ |
tamādyaṃ daṇḍayed rājā yaścāgniṃ corayed gṛhāt || 333 ||

If a man steals these things when they have been prepared, the king should fine him one hundred; as also him who steals the fire from the house.—(333)

 

Medhātithi’s commentary (manubhāṣya):

These things’—yarns and the rest.

Prepared:’—when the time for their being put to use,—in the form of being given away or enjoyed—is near at hand. Or it may mean ‘refined,’ i.e., ‘having fresh capacity produced in them.’ For instance, after the yarn is at first handed over to the weaver for being woven into cloth, it is doubled up, then turned up and so forth; the curd becomes ‘refined’ by having pepper, sugar and other things mixed with it; similarly milk, clarified butter and so forth.

In these eases the fine shall be ‘one hundred.’

If the reading is ‘? dyam’ in place of ‘śatam,’ then the fine shall consist of the ‘first amercement.’

Fire from the home’—the fire kindled for the purpose of cooking meals; or the fire kindled in connection with the Agnihotra offerings; or the fire that is set up, without consecration, for the convenience of the cold-stricken poor. The same punishment applies to the case of all kinds of fire,—kindled at the time of cooking, or for relieving the cold of the poor, or for making sacrificial offerings,—be the quantity of fire stolen large or small.

Though under verse 326 where punishment for the stealing of ‘yarns’ and other things is laid down, we have the phrase ‘and other things’ (which might include Fire also), yet there can be no determination of its ‘value,’ since there is no buying or selling of it (so that ‘double the value’ could not be determined). Though it would he possible to fix the fine at a sum which would be the double of that which would enable a sufficient quantity of fire to be kindled, or which would constitute the ‘sacrificial fee’ necessary for the rekindling of the fire.

In addition to this fine, the necessity of satisfying the owner remains (as laid down under 288 above).

Thus then, in the case of the stealing of the sacrificial fire-triad, the thief shall pay to the owner of the fire the amount that would be needed for the re-kindling rites and for the expiatory rites necessary under the circumstances.

For these reasons the punishment prescribed in the present verse must be taken as referring to the fire kindled for household purposes; since that would be of small consequence. In the case of the sacrificial fire, the fine must be ‘double the value’ (as laid down in 329). Similarly in the case of the theft of such minor sacrificial accessories as kuśa, pebbles and such other things,—whose absence does not disqualify the sacrificer,—there should be cutting off of the limb,—says Śaṅkha. When however the fires themselves are stolen, the man becomes entirely incapacitated; why then should not the punishment in this case be most heavy?—(333)

 

Explanatory notes by Ganganath Jha

Upakḷptāni’—(a) ‘Ready for being put to use, in the way of gift, enjoyment and so forth, or (b) specially prepared or embellished’ (Medhātithi);—‘Ready for use’ (Kullūka and Rāghavānanda). No commentator explains the term as ‘thread worked into cloth’; Buhler has no justification for attributing it to ‘Medh., Gov., Kull., and Rāgh.’

Agni’—‘Consecrated fire’ (Medhātithi and Kullūka);—also the ordinary fire (Govindarāja).

This verse is quoted in Vivādacintāmaṇi (p. 140), which says the ‘fire’ meant is that which has been consecrated by either Śrauta or Smārta rites.

Like what you read? Consider supporting this website: