Verse 8.9

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

यदा स्वयं न कुर्यात् तु नृपतिः कार्यदर्शनम् ।
तदा नियुञ्ज्याद् विद्वांसं ब्राह्मणं कार्यदर्शने ॥ ९ ॥

yadā svayaṃ na kuryāt tu nṛpatiḥ kāryadarśanam |
tadā niyuñjyād vidvāṃsaṃ brāhmaṇaṃ kāryadarśane || 9 ||

When he himself may not carry on the investigation of suits, he shall appoint a learned Brāhmaṇa to do the work of investigation.—(9)

 

Medhātithi’s commentary (manubhāṣya):

The Brāhmaṇa who is thus appointed should be ‘conversant with the eighteen points, well versed in the Science of Reasoning, fully learned in the Veda and the Smṛtis,—being called the Investigating Judge.’

If, either on account of being absorbed in some other more important business, or on account of his inherent incapacity, the king does not investigate the suits personally, then he should appoint a ‘learned’ Brāhmaṇa. The ‘learning’ here meant is that pertaining to legal proceedings, and the man’s appointment itself is indicative of his possession of that learning; because no man deserves to be appointed to do a work which he does not know. A knowledge of the Science of Morality also comes useful, for the purpose of precluding the possibility of wrong decisions being taken under the influence of love or hate. If the man is conversant with Morality, even though love or hate may be present in his mind, yet, through fear of the said Science of Morality, he does not allow himself to be misled_; and it is thus that a knowledge of the Science of Morality comes in useful. As for the knowledge of legal procedure, its presence is already implied; when the man is appointed to do the work of deciding legal cases, it follows that he is possessed of that knowledge without which such cases cannot he decided. The injunction regarding the impropriety of the man knowingly perverting his judgment is contained in other texts; and with a view to avoiding this our author is going later on to lay down other Measures: e.g., ‘Three persons learned in the Veda, and the learned man appointed by the king, etc.’ (verse 11). As for the knowledge of Sciences other than these, if it were made a necessary qualification for the man appointed to investigate legal cases,—such knowledge could only be regarded as meant for some unseen transcendental purpose.

‘Niyojyo vidvān syāt’ would be the right reading (in place of tadā niyuñjyād vidvāṃsam’); because ‘niyuñjyāt’ is grammatically wrong, the right form being ‘niyuñjīta’; as Kātyāyana’s Vārtika on Pāṇini 1.3.66 ordains the Ātmanepada ending for the root ‘Yuj’ preceded by prepositions ending in a vowel.—(9)

 

Explanatory notes by Ganganath Jha

This verse is quoted in Parāśaramādhava (Vyavahāra, p. 21), which adds that the Brāhmaṇa so appointed is called the ‘Prāḍvivāka,’ ‘judge,’ who is to try the suits exactly in the same manner as has been laid down for the king; It adds a text from Nārada explaining the name ‘Prāḍvivāka—‘The Prāḍvivāka is so called because he puts questions (prāṭ) upon the subject-matter of the suit and investigates it (Vivāka).—It is quoted also in Smṛticandrikā (Vyavahāra, p. 36);—in Kṛtyakalpataru (8a);—and in Vīramitrodaya (Vyavahāra, p. 10b).

 

Comparative notes by various authors

Gautama (13.26).—‘The King or the Judge or a Brāhmaṇa learned in the scriptures shall try the suit.’

Vaśiṣṭha (16.2).—‘Let the King or his minister transact the business on the bench.’

Viṣṇu (3.73).—‘Or let him entrust a Brāhmaṇa with the judicial business.’

Yājñavalkya (2.3).—‘The Brāhmaṇa knowing the entire Dharma shall be appointed by the King to try law-suits, if, under pressure of business, he is unable to look into them himself.’

Bṛhaspati (1.24).—‘Let the King, or a member of the twice-born caste officiating as Chief Judge, try causes acting on principles of equity, and abiding by the opinion of the judges and the doctrine of the sacred law.’

Śukranīti (4.5.23-34).—‘Where the King cannot personally attend to the administration of justice, he should appoint a Brāhmaṇa who is versed in the Vedas, self-controlled, highborn, impartial, unagitated and calm, who fears the next life, is religious-minded, active and devoid of anger. If the Brāhmaṇa is not learned enough, the King should appoint a Kṣatriya, or a Vaiśya who is versed in the sacred law; but he should never appoint the Śūdra, The king should always appoint men of the caste to which he himself belongs; as most members of the royal caste are likely to be well-qualified.’

Nārada (Parāśaramādhava-Vyavahāra, p. 22).—‘He is called the Chief Judge who,—fully acquainted with the eighteen titles of law and with the eight thousand subdivisions thereof, skilled in Logic and other sciences, and thoroughly versed in revealed and traditional lore,—investigates the law relative to the case in hand by putting questions and passing decisions according to what was heard or understood by him.’

Kātyāyana (Parāśaramādhava-Vyavahāra, p. 22).—‘When no Brāhmaṇa is available, the King shall appoint a Kṣatriya or a Vaiśya versed in legal lore; but he shall avoid the Śūdra.’

Prajāpati (Smṛticandrikā).—‘The anointed King or the learned Brāhmaṇa, seated on the seat of judgment, shall investigate the suits quietly.’