Verse 8.62

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

गृहिणः पुत्रिणो मौलाः क्षत्रविद् शूद्रयोनयः ।
अर्थ्युक्ताः साक्ष्यमर्हन्ति न ये के चिदनापदि ॥ ६२ ॥

gṛhiṇaḥ putriṇo maulāḥ kṣatravid śūdrayonayaḥ |
arthyuktāḥ sākṣyamarhanti na ye ke cidanāpadi || 62 ||

Householders, men with sons, respectable natives, and men of the kṣatriya, vaiśya and śūdra castes are competent to act as witnesses, when cited by suitors;—and not any and every person, except in emergencies.—(62)

 

Medhātithi’s commentary (manubhāṣya):

‘Householders’—persons who have married; the term ‘gṛha,’ ‘house,’ standing for wife. Through fear of trouble falling upon their wives, these men do not act dishonestly; there are many who may be indifferent in regard to consequences to themselves personally, and may give false evidence, thinking thus—‘I shall save myself by going away to some other country, or even in this country I shall hide myself and acquire wealth and friends’; but when they have a family they have fears regarding the family and, setting aside all ideas of fleeing away and keeping themselves safe, and, in the best interests of the family, desist from dishonest dealings, through fear of punishments being inflicted upon their family.

‘Men with sons;’—through love for their sons, such men shun all dishonest dealings; and further, people who have no wife and children, even though they may be quite honest, may not be available (meettai th)? of the evidence being taken; because such people do not have any fixed abode.

‘Maulāḥ,’ ‘respectable natives’;—this also is open to the same explanation. The terms stand for natives born in the country; these, being afraid of committing a sinful act among their own people, do not tell lies. the term ‘maula’ denotes ‘those who command mūla or respect’; but this is only an explanation of the denotation of the term; and the nominal affix denotes nativity. Men born in a country generally live there; so there is no incongruity in this.

‘Men of the kṣatriya, vaiśya and śūdra castes,’—not the Brāhmaṇa, as for him, constant study and teaching have been prescribed,—or the daily offering of the Agnihotra offerings; so that if the King were at a distance from him, and he were summoned to appear before him, it would load to a dereliction of his duty; and it is with a view to guard against this that he is not mentioned as fit for being cited as a witness. But if the Brāhmaṇa happens to know all about the case, and there are no other witnesses, and the case is an important one,—then he is the most important witness. It is with a view to these latter cases that the exact form of question for the Brāhmaṇa-witness is going to be laid down:—‘This Brāhmaṇa shall be examined by being asked to speak’ (verse 88 below).

The term ‘yoni’ (in the compound ‘kṣatra-viṭ-śūdra-yonayaḥ’) is to be construed with each of the preceding terms; the meaning being ‘those of whom the kṣatriya is the yoni or origin,’ i.e., those of the kṣatriya caste; or the right explanation of the compound may be with the Ablative—‘kṣatrāt yoniḥ janma yasya,’ ‘he whose birth is from the kṣatriya caste.’

These persons become competent witnesses only when the suitor declares—‘these are my witnesses.’ Those who come and volunteer to give evidence are not real ‘witnesses.’

‘Except in emergencies’.—Some people have explained that the ‘emergency’ meant here is the absence of other witnesses. But this is not right. Because untruthfulness is the only thing that disqualifies one from being a proper ‘witness’; and this disqualification does not cease, simply because other truthful witnesses are not available. We do not mean to say that the phrase (‘except in emergencies’) permits the admissibility as witnesses of such persons as have been definitely declared to be disqualified, or of those who have reasons to depose falsely, or those who are interested in the case; all that we mean is that in the event of no other witnesses being available, the saving clause permits the calling of such Vedic scholars and other persons as may be conversant with the facts of the case, whose summoning might interfere with these religious practices,—and not of admitted liars.—(62)

 

Explanatory notes by Ganganath Jha

‘Maulāḥ’—‘Natives of the place’ (Medhātithi);—‘heads of families or friends.’

This verse is quoted in Aparārka (p. 665);—and in Vyavahāra-Bālambhaṭṭī (p. 256).

Comparative notes by various authors

(verses 8.61-63)

See Comparative notes for Verse 8.61.