Verse 9.229 [Miscellaneous Punishments]

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

क्षत्रविद् शूद्रयोनिस्तु दण्डं दातुमशक्नुवन् ।
आनृण्यं कर्मणा गच्छेद् विप्रो दद्यात्शनैः शनैः ॥ २२९ ॥

kṣatravid śūdrayonistu daṇḍaṃ dātumaśaknuvan |
ānṛṇyaṃ karmaṇā gacched vipro dadyātśanaiḥ śanaiḥ || 229 ||

The Kṣatriya, the Vaiśya and the Śūdra, when unable to pay a fine, shall discharge the liability by labour; the Brāhmaṇa may pay it by instalments.—(229)

 

Medhātithi’s commentary (manubhāṣya):

The Kṣatriya and the rest, when devoid of property, should not be harassed by imprisonment; they should make good the amount of fine due to the king ‘by labour’,—such work as may be in keeping with the character of the man, and profitable to the king.

The Brāhmaṇa shall be made to pay it ‘by instalments’—so that his family may not suffer from want. Imprisonment, beating and such chastisements are forbidden for the Brāhmaṇa.

What has been laid down before pertains to the repayment of the debt to the debtor, while the present verse pertains to the payment of fines. There is thus no repetition.—(229)

 

Explanatory notes by Ganganath Jha

This verse is quoted in Vivādaratnākara (p. 658), which adds the following notes:—‘Karmaṇā,’ by such service as may be a proper recompense for the money owed;—the Brāhmaṇa is not to liquidate the debt by service; he must pay it off, by and bye;—and in Vyavahāra-Bālambhaṭṭī (p. 880).

 

Comparative notes by various authors

Yājñavalkya (2.43).—‘If a man of the lower castes is very much reduced in circumstances, he should be made to do work, towards repayment of the debt; but the Brāhmaṇa should never be made to work; he should be made to pay up gradually, as he goes on getting money.’

Bṛhaspati (Aparārka, p. 616).—‘If the debtor has absolutely no wealth, he should be brought home and made to work; but the Brāhmaṇa should be made to repay the debt gradually.’