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:

चतुर्णामपि चैतेषां प्रायश्चित्तमकुर्वताम् ।
शारीरं धनसंयुक्तं दण्डं धर्म्यं प्रकल्पयेत् ॥ २३६ ॥

caturṇāmapi caiteṣāṃ prāyaścittamakurvatām |
śārīraṃ dhanasaṃyuktaṃ daṇḍaṃ dharmyaṃ prakalpayet || 236 ||

Even on all these four, if they do not perform the expiatory penance, the king shall inflict corporal punishment along with fine, in accordance with the law.—(236)

 

Medhātithi’s commentary (manubhāṣya):

Even though the Brāhmaṇa alone becomes a heinous criminal by drinking wine, yet even for him there is to be corporal punishment,—though no corporal punishment has been laid down for the Brāhmaṇa before this. This follows from the force laid upon the term ‘four’ in this verse.

Others, however, have explained this ‘corporal punishment’ as standing for branding; and this would be done in the ease of the Brāhmaṇa also.

Others again explain the particle ‘api’ as ‘even,’ and declare that the penalty here laid down is meant for all the five kinds of ‘heinous criminals;’ the construction being that—‘this punishment is to be inflicted on even all these four, as also on the fifth, in the shape of the person associating with these four.’

For the crime of ‘Brāhmaṇa-slaying,’ ‘corporal punishment’ has been already laid down above,—in the rule that—‘the king shall put to death those who kill a woman, an infant or a Brāhmaṇa.’

From what follows in the next verse it is clear that ‘corporal punishment’ here stands for branding.

According to the late’—‘he shall make due discrimination regarding the greater, or less seriousness of the crime.’—(236)

 

Explanatory notes by Ganganath Jha

This verse is quoted in Vivādaratnākara (p. 634);—and in Vyavahāra-Bālambhaṭṭī (p. 116).

 

Comparative notes by various authors

(verses 9.235-242)

See Comparative notes for Verse 9.235.

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