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:

उक्त्वा चैवानृतं साक्ष्ये प्रतिरुध्य गुरुं तथा ।
अपहृत्य च निःक्षेपं कृत्वा च स्त्रीसुहृत्वधम् ॥ ८८ ॥

uktvā caivānṛtaṃ sākṣye pratirudhya guruṃ tathā |
apahṛtya ca niḥkṣepaṃ kṛtvā ca strīsuhṛtvadham || 88 ||

Similarly also for telling a lie in giving evidence, for angering the preceptor, for misappropriating a trust, and for killing one’s wife or friend.—(88)

 

Medhātithi’s commentary (manubhāṣya):

The expiation here laid down pertains to giving false evidence in connection with gold, land and such things, or in cases of doubt regarding a murder. The guilt in these cases is very much heavier; and in regard to other expiations laid down elsewhere, the adoption of one or the other should be determined in accordance with the gravity or otherwise of the

Angering.’—This is the same as what has been spoken of as ‘falsely harassing’ under 56 above; as ‘harassment’ is always preceded by ‘angering.’

Trust.’—In this case also the exact nature of the expiation shall depend upon such considerations as to whether the trust-property belongs to a poor or to a rich person, to a low person or to a Brāhmaṇa, or to some other person of high position. In a case where only one expiation is mentioned, it can be one only; and there can be no occasion for any assumptions. In fact, in connection with giving false evidence and ‘misappropriating a trust’ there are no varying grades of expiation.

What is prescribed in connection with ‘wine-drinking’ is certainly somewhat heavier; but every case is to be determined in accordance with ‘the capacity etc.,’ of the guilty person (11.209); though these considerations have been laid down only as affecting those offences ‘for the expiation whereof no atonement has been prescribed’ (209).—(88)

 

Explanatory notes by Ganganath Jha

This verse is quoted in Mitākṣarā (3.244), which adds the following notes:—This refers to cases where the false evidence leads to the death of men;—‘pratirabhya,’ becoming passionately angry with;—‘nikṣepa,’ the deposit placed by a Brāhmaṇa,—‘strī’ here stands for the wife of a person who has taken the fires, who is endowed with the quality of being devoted to her husband and so forth;—in Prāyaścittaviveka (p. 179);—and in Vīramitrodaya (Vyavahāra 56b).

 

Comparative notes by various authors

(verses 11.87-88)

See Comparative notes for Verse 11.87.

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