Verse 9.286

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

अदूषितानां द्रव्याणां दूषणे भेदने तथा ।
मणीनामपवेधे च दण्डः प्रथमसाहसः ॥ २८६ ॥

adūṣitānāṃ dravyāṇāṃ dūṣaṇe bhedane tathā |
maṇīnāmapavedhe ca daṇḍaḥ prathamasāhasaḥ || 286 ||

For adulterating unadulterated commodities, and for breaking or wrongly boring gems, the punishment shall be the first amercement.—(286)

 

Medhātithi’s commentary (manubhāṣya):

When one, with a view to making a profit, adulterates a commodity, which, by itself, is quite pure—e.g., when the dealer in grains mixes straw and dust with grains harvested quite clean; or when one adulterates saffron and other such substances with foreign substances.

‘Gems’—Pearls and the rest.

‘Breaking’—into pieces.

‘Wrongly boring’—i.e., boring at a place where boring should not be done. ‘Apavedha’—is also derived from the root ‘vyadh’, to pierce; the denotation of verbal roots being manifold.

Gems are classed as ‘good,’ ‘bad’ and ‘indifferent;’ and the punishment shall be regulated in accordance with the class to which the gem in question may belong; in the case of ‘indifferent’ gems, the fine shall consist of the ‘middlemost amercement,’ and in that ‘good’ ones it shall consist of the ‘highest amercement’—(286)

 

Explanatory notes by Ganganath Jha

This verse is quoted in Vivādaratnākara (p. 362), which adds the following notes:—For spoiling unspoilt articles by adulterating them with defective articles,—for boring such gems as are broken by the boring,—and for the wrong boring of pearls and such gems,—the fine is the ‘first amercement’.

It is quoted in Aparārka (p. 821);—and in Vivādacintāmaṇi (Calcutta, p. 100).

 

Comparative notes by various authors

(verses 9.286-287)

Viṣṇu (5.124).—‘The highest amercement shall be paid by one who sells adulterated commodities.’

Yājñavalkya (2.245-246).—‘If one adulterates with inferior substances, such commodities as medicines, oils, salts, perfumes, grains and molasses, shall be fined 16 Paṇas.—In the case of such commodities as skins, earthen-ware, gems, yarns, iron, wood, tree-bark and cloth, if one sells by misrepresenting the quality, he should he made to pay a fine eight times the value of the commodity sold.’

Bṛhaspati (Aparārka, p. 826).—‘If one, by polishing up a cheap article to look like a valuable article, cheats women and children, he should he lined in accordance with the nature of the article concerned. Those who make and sell artificial gold, pearls or corals should be made to refund the price to the buyer and pay to the King double the amount as a fine.’

Do. (Vivādaratnākara, p. 297).—‘If one sells commodities adulterated with articles whose defects are concealed, or burnished up so as to look new, should be made to pay double the price to the buyer, and also an equal amount as fine.’