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:

अर्थानर्थावुभौ बुद्ध्वा धर्माधर्मौ च केवलौ ।
वर्णक्रमेण सर्वाणि पश्येत् कार्याणि कार्यिणाम् ॥ २४ ॥

arthānarthāvubhau buddhvā dharmādharmau ca kevalau |
varṇakrameṇa sarvāṇi paśyet kāryāṇi kāryiṇām || 24 ||

Understanding both ‘desirable’ and ‘undesirable’ to be only ‘Justice’ and ‘Injustice,’ he shall look into all the suits of the suitors, according to the order of the castes.—(24)

 

Medhātithi’s commentary (manubhāṣya):

Justice and Injustice’ alone are desirable and undesirable. It is not that the ‘desirable’ consists in the obtaining of cattle, gold and other things, or that the ‘undesirable’ in the reverse thereof; in fact it is ‘Justice’ that is ‘desirable’ and ‘Injustice’ that is ‘undesirable’;—‘understanding’ this—i.e., having come to this conclusion in his mind,—‘he shall look into the suits.’

Or, the text may mean that the king shall examine what is ‘desirable,’ and what is ‘undesirable,’—and also what is ‘Justice’ and what is ‘Injustice.’ That is, he should realise the importance of ‘Justice’ and the unimportance of what is merely ‘desirable;’ or that when the element of ‘undesirability’ is very large, and that of ‘Injustice’ very small,—there he shall avoid the former; because it is possible for a slight ‘Injustice’ to be set aside by the larger ‘desirable’ factor through gifts and expiatory rites.

In the event of several suitors coming up at the same time, he shall take them up in the order of their castes; but this order of investigation based upon castes is to be observed only when the troubles of all the suitors are of the same degree; when, on the other hand, the business of the lower caste is very urgent or very important, then this should he taken up first, in accordance with the maxim ‘he whose trouble is urgent, etc., etc.’; and in this case the order of the castes is not to be strictly observed. It has already been said that the investigation of cases is for the purpose of maintaining order in the kingdom; so that the rules laid down need not always be followed literally.—(24)

 

Explanatory notes by Ganganath Jha

Arthānarthāvubhau buddhvā dharmādharmau ca kevalau’—Medhātithi has given three explanations of this (See Translation):—‘Fully realizing the wordly evils and advantages, but paying due heed to Dharma and Adharma as alone conducive to spiritual results’ (Kullūka);—‘discriminating the righteous and the unrighteous, and taking up the righteous first’ (Nārāyaṇa and Nandana);—‘knowing what will please and what displease the people and understanding what is just and what is unjust’ (Govindarāja).

This verse is quoted in Parāśaramādhava (Vyavahāra, p. 46), as laying down the order in which the king is to take up the cases, when several come up at the same time;—in Smṛticandrikā (Vyavahāra, p. 80);—in Kṛtyakalpataru, (16b);—and in Vīramitrodaya (Vyavahāra, p. 19a).

 

Comparative notes by various authors

Śukranīti (4.5.113-117).—‘The King with the Ministers after receiving the plaintiff duly should first console him and then commence the trial, he should then enquire of the plaintiff standing submissively before him —What is your business? What is your complaint? Do not be afraid—by what ruffian and under what circumstances hare you been molested?

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 by the doctrine of the sacred law.’

Nārada (1.31, 31, 35).—‘A King who acts justly must reject error when brought forward, and seek truth alone; because prosperity depends on the discharge of duty. Therefore let a King, after having seated himself on the seat of judgment, be equitable towards all beings, discarding selfish interests and acting the part of Yama Vaivasvata. Attending to the dictates of the Law, and adhering to the opinion of the Chief-Judge, he should try causes in due order, exhibiting great care.’

Bṛhaspati (Parāśaramādhava- Vyasa, p. 46).—‘Where two complainants arrive accusing each other and claiming the first hearing, the King shall admit them, either in the order of their castes, or in accordance with the comparative seriousness of the complaints.’

Kātyāyana (Do.).—‘Between two mutual complainants, that man should be treated as the plaintiff whose hurt or complaint is more serious,—and not necessarily the man who appears first before the court.’

Nārada (Do.).—(Same as Kātyāyana.)

Like what you read? Consider supporting this website: