Verse 9.52

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

फलं त्वनभिसन्धाय क्षेत्रिणां बीजिनां तथा ।
प्रत्यक्षं क्षेत्रिणामर्थो बीजाद् योनिर्गलीयसी ?? ॥ ५२ ॥

phalaṃ tvanabhisandhāya kṣetriṇāṃ bījināṃ tathā |
pratyakṣaṃ kṣetriṇāmartho bījād yonirgalīyasī ?? || 52 ||

If between the owner of the soil and the owner of the seed, there has been no compact regarding the produce, then the chops belong clearly to the owner of the soil;—the receptacle being more important than the seed.—(52)

 

Medhātithi’s commentary (manubhāṣya):

It has been stated in a general way that the produce belongs to the owner of the soil, not to that of the seed; a further detail in regard to this is now added.

‘When no compact has been made’—i.e., no agreement between the owner of- the soil and the seed, as to the produce belonging to both, in accordance with the maxim relating to two men, one of whom had lost his horse and another had burnt his chariot, (where the fruit, in the shape of being carried, accrued, by agreement, to both),—‘the crop’—i.e., the produce—‘belongs clearly to the owner of the soil’— The term ‘clearly’ indicates that there is no doubt on this point.

‘Because the receptacle is more important than the seed’—i.e., more importance attaches to the soil,—(52) In a case however, where there is a compact, (what happens is as follows.)—

 

Explanatory notes by Ganganath Jha

This verse is quoted in Vivādaratnākara (p. 579), which explains the meaning to be:—‘In a case where the owner of the field and the sower of the seed are not parties to an agreement, the benefit accrues to the former and not to the latter.’

It is quoted in Parāśaramādhava (Vyavahāra, p. 3?0), which adds the following explanation:—In a case where the ‘field-owner’ and the ‘seed-owner’ have entered into an agreement that ‘the child born would belong to both of us,’ the child that is bora of the connection between the former’s wife and the latter shall belong to both; but where there has been no such agreement, and yet the latter ‘sows his seed’ in the former’s ‘field,’ and a child is bora, it will belong to the ‘field-owner,’ and not to the ‘seed-owner;’ because the ‘receptacle’ is more potent than the ‘seed,’ as is found in the case of the cow, the sheep and other animals.

It is quoted in Vīramitrodaya (Saṃskāra, p. 656), which adds that ‘phalānabhisandhāna’ means the ‘absence of any such agreement as that the child horn of this connection shall belong to both of us;’so that the son thus born would be ‘kṣetraja’ and not ‘dvyāmuṣyāyaṇa.’

It is quoted in Mitākṣarā (2.127), which adds a note the exact wording of which has been reproduced in Parāśaramādhava (Vyavahāra, p. 350) [see above]. Bālambhaṭṭī has the following explanation of the verbal construction:—‘Kṣeṭriṇām bījinām,’ ‘from among field-owners and seed-owners,’ if either party has not agreed to the understanding regarding the lending of the ‘field,’ then the child born belongs to the ‘field-owner;’ and the reason for this lies in the fact that ‘the receptacle is more potent than the seed’;—and the reason for this is declared to be ‘pratyakṣam,’ ‘ordinary perception’, i. e., such is actually found to be the case in ordinary experience;—the ‘phalam’ spoken of in the text stands for the agreement regarding the child;—it goes on to add that according to Medhātithi this verse serves to point out the special circumstance under which the ‘benefit does not accrue to the seed-sower,’ which has been stated in general terms in the preceding verse.

It is quoted in Vyavahāra-Bālambhaṭṭī (p. 653);—and in Vīramitrodaya (Vyavahāra, 185b), which adds the following explanation—‘In a case where there has been no agreement regarding the phala, i.e., the expected offspring,—the child belongs to the woman’s husband, just as we find in the case where, without the knowledge or consent of the owner of the field, if some one sows his own seeds in that field, the outturn of the field belongs to the owner of the field, and not to that of the seeds.

 

Comparative notes by various authors

(verses 9.48-56)

(See the texts under 31-44.)

See Comparative notes for Verse 9.48.