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...
Verse 9.293
Sanskrit text, Unicode transliteration and English translation by Ganganath Jha:
सीताद्रव्यापहरणे शस्त्राणामौषधस्य च ।
कालमासाद्य कार्यं च राजा दण्डं प्रकल्पयेत् ॥ २९३ ॥sītādravyāpaharaṇe śastrāṇāmauṣadhasya ca |
kālamāsādya kāryaṃ ca rājā daṇḍaṃ prakalpayet || 293 ||For the stealing of agricultural implements, of arms or of medicines, the king shall determine the punishment, after taking into consideration the time and uses.—(293)
Medhātithi’s commentary (manubhāṣya):
‘Sītā’—Stands for the cultivated field; and implements connected therewith are the plough, the spade and so forth. For the stealing of these punishment has to be inflicted.
Is this to be done arbitrarily? No; ‘after taking into consideration the time and uses.’ That is, if the time for cultivation is near at hand, the punishment shall be severe; and severer still when the field has been already cultivated and a rich harvest is in prospect.
‘Taking into consideration’—having ascertained its advent. Under other circumstances, the punishment shall be in accordance with the nature of the object stolen.
Similarly in the case of ‘arms’—swords and the rest—if they are stolen at the time of war, the punishment shall be severe;—or in the ease of ‘medicines’— if they are stolen at the time that they are going to be actually administered,—and the chances are that if the medicine is stolen and not administered, the patient shall suffer great pain;—and no other medicine is available at the time,—and even if available, it requires a long time for its preparation;—all these circumstances have to be taken into consideration when determining the punishment.
In the case of ‘arms’, if they belong to the king,—or to persons who are in constant dread of enemies and robbers (and hence need the arms for self-defence),—the punishment shall be severe; but if they are some small things, it shall be simple.—(293)
Explanatory notes by Ganganath Jha
This verse is quoted in Vivādaratnākara (p. 324).
Comparative notes by various authors
Śaṅkha-Likhita (Vivādaratnākara, p. 324).—‘For stealing agricultural implements at the time of cultivation, 108 Paṇas.’