Verse 9.242

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

इतरे कृतवन्तस्तु पापान्येतान्यकामतः ।
सर्वस्वहारमर्हन्ति कामतस्तु प्रवासनम् ॥ २४२ ॥

itare kṛtavantastu pāpānyetānyakāmataḥ |
sarvasvahāramarhanti kāmatastu pravāsanam || 242 ||

But others who have committed these offences unintentionally, deserve to have the entire property confiscated; and death, in the case of their being intentional.—(242)

 

Medhātithi’s commentary (manubhāṣya):

‘Others’—the Kṣatriyas and other castes,—when they have committed ‘these offences’—the most heinous crimes,—‘unintentionally’— without actually wishing it,—should have all their property confiscated.

Some people hold that this is another punishment laid down for those who have performed the expiatory penances,—alternative to the. one prescribed in the foregoing verse.

In the case of these crimes being committed ‘intentionally,’ death has been prescribed as the penalty.

In the case of the Śūdra, if the crime has been committed intentionally, there is to be ‘branding’ and ‘confiscation of the whole property’; and if it has been done intentionally, he shall be put to death.—(242)

 

Explanatory notes by Ganganath Jha

Persons who perform no penance shall have their property confiscated if the crime was unintentional, and if it was intentional, they shall be banished also. (Nārāyaṇa and Nandana).—There is to be confiscation of the entire property only in very bad cases, instead of the fine of 1,000 Paṇas prescribed under 240. (Kullūka and Rāghavānanda).

‘Pravāsanam.’—‘Death’ (Medhātithi, Kullūka and, Nandana); ‘banishment’ (Nārāyaṇa and Rāghavānada, who criticise Medhātithi’s explanation).

This verse is quoted in Vivādaratnākara (p. 635);—and in Vyavahāra-Bālambhaṭṭī (p. 118).

 

Comparative notes by various authors

(verses 9.235-242)

See Comparative notes for Verse 9.235.