Verse 8.44

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

यथा नयत्यसृक्पातैर्मृगस्य मृगयुः पदम् ।
नयेत् तथाऽनुमानेन धर्मस्य नृपतिः पदम् ॥ ४४ ॥

yathā nayatyasṛkpātairmṛgasya mṛgayuḥ padam |
nayet tathā'numānena dharmasya nṛpatiḥ padam || 44 ||

Just as the hunter discovers the foot-print of the deer by the drops of blood, so should the king discover the right by means of inference.—(11)

 

Medhātithi’s commentary (manubhāṣya):

It has been said above that the king himself shall not, in a hurry either haul anyone up or punish him for any offence; and the reason for this lies in the consideration that it is quite possible that the act that the king regards as an ‘offence’ might have been done in joke. Now the question arises—how is it to be ascertained whether the act has been done in joke or through malice and such other causes?

It is in answer to this question that it is said that ‘this is to be ascertained by means of inference.’—Just as the ‘hunter’—fowler—‘discovers’—gets at—‘the foot-print’ of the deer that has been wounded and disappeared from view by means of the drops of blood flowing from the wound,—in the same manner the king should discover the root-cause of the suit—which may be not perceptible,—by means of inference.

The term ‘dharma,’ ‘right,’ here stands for the real facts of the case.

The restriction of ‘inference’ as a means of finding out truth, already mentioned before (in verse 3), is for the purpose of emphasising the point.—(44)

 

Explanatory notes by Ganganath Jha

Cf. 12.104; also the Mahābhārata 12.132.21.

‘Padam’—‘Footsteps’ (Medhātithi and Govindarāja)—and ‘lair’ (Kullūka and Rāghavānanda).

This verse is quoted in, Parāśaramādhava (Vyavahāra, p. 30);—in Smṛticandrikā (Vyavahāra, p. 56);—and in Kṛtyakalpataru (5a).

 

Comparative notes by various authors

Gautama (11.23-24).—‘Reasoning is a means of getting at the truth; coming to a conclusion through that, he shall decide properly.’

Āpastamba (2.29.6).—‘In doubtful eases they shall give their decision after having ascertained the truth by inference, ordeals and the like.’

Vaśiṣṭha (16.4-5).—‘Let him reason properly regarding an offence; finally the offence will become evident thereby.’

Nārada (1.38).—‘As a huntsman traces the vestiges of a wounded deer in a thicket by the drops of blood, even so let the King trace justice.’

Do. (1.40).—‘When it is impossible to act up to the precepts of sacred law, it becomes necessary to adopt a method founded on reasoning.’

Bṛhaspati (1.32).—‘The insight of kings surpasses by far the understandings of other persons, in the deciding of the highest, lowest and middling disputes.’

Mahābhārata (12.132.21).—‘Just as of a wounded deer, one foot-print leads to another through the blood-mark, so oven shall the King trace the steps of justice.’