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:

विद्वांस्तु ब्राह्मणो दृष्ट्वा पूर्वोपनिहितं निधिम् ।
अशेषतोऽप्याददीत सर्वस्याधिपतिर्हि सः ॥ ३७ ॥

vidvāṃstu brāhmaṇo dṛṣṭvā pūrvopanihitaṃ nidhim |
aśeṣato'pyādadīta sarvasyādhipatirhi saḥ || 37 ||

A learned Brāhmaṇa, having found treasure buried by his forefathers, shall take it wholly; as he is the master of everything.—(37)

 

Medhātithi’s commentary (manubhāṣya):

When a learned Brāhmaṇa finds the treasure that bad been buried by his forefathers—father, grandfather and so forth,—then ‘he shall take it wholly,’ and shall not hand over to the king the aforesaid part of it.

In support of this the text adds a supplementary exaggeration—‘as he is the master of everything,’—as has been declared under 1.100.

The rule here laid down applies to the case where the treasure belongs to the Brāhmaṇa; when however its rightful owner is not known, then, even though it may have boon found by a ‘learned Brāhmaṇa,’ the king’s share has to be paid; as it is going to be declared (in 39) that—‘of all ancient hoards...... the king is entitled to one-half.’—(37)

 

Explanatory notes by Ganganath Jha

Pūrvoyanihitam’—‘Deposited by ancestors’ (Medhātithi, Govindarāja and Nārāyaṇa);—‘deposited in former times’ (Kullūka).

 

Comparative notes by various authors

Gautama (10.43-44).—‘Treasure-trove is the property of the King;—excepting such as is found by a Brāhmaṇa who lives according to the Law.’

Vaśiṣṭha (3.14).—‘If a Brāhmaṇa following the six lawful qualifications finds the treasure, the King shall not take it.’

Viṣṇu (3.58).—‘A Brāhmaṇa who has found treasure may keep it entire.’

Yājñavalkya (2.34).—‘The learned Brāhmaṇa shall take the treasure; since he is the master of all.’

Nārada (Vivādaratnākara, p. 643).—‘If a man comes by treasure hidden by another, he shall present it to the King; as all Treasure-trove is the property of the King, except what belongs to the Brāhmaṇa. The Brāhmaṇa also, coming by hidden treasure, shall report it to the King, and it is only when it is made over to him by the King that he should enjoy it; if he failed to report the find, he would be a thief.’

Agnipurāṇa (222. 14).—‘The Brāhmaṇa finding hidden treasure, shall take it all to himself.’

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