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...

Verse 8.169 [The Royal dues and the King’s duty regarding them]

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

त्रयः परार्थे क्लिश्यन्ति साक्षिणः प्रतिभूः कुलम् ।
चत्वारस्तूपचीयन्ते विप्र आढ्यो वणिङ्नृपः ॥ १६९ ॥

trayaḥ parārthe kliśyanti sākṣiṇaḥ pratibhūḥ kulam |
catvārastūpacīyante vipra āḍhyo vaṇiṅnṛpaḥ || 169 ||

Three persons suffer for the sake of others: witnesses, surety and the judge: while four persons prosper: the brāhmaṇa, the affluent, the merchant and the king.—(169)

 

Medhātithi’s commentary (manubhāṣya):

It is only on being requested by another person that the witness, the surety and the Judge should either appear as a witness, stand surety or investigate case’s,—and not forcibly (thrusting themselves); hence if these persons should volunteer to do it, their action has no validity.

Or, the meaning may he that ‘these persons undergo suffering for doing the work of other persons,—and they have not. the slightest selfish motive,—hence they should not ho forced to do the work.’

The Brāhmaṇa and the rest, on the other hand, ‘prosper,’ being approached by others, lienee, the Brāhmaṇa also should not he forced, against his will, to accept a gift.

Or, the meaning may be that—‘the prosperity of the Brāhmaṇa is for the good of others,’—his action therefore is always for the sake of others, and not for his own,—hence in his case gifts and acceptances should not he rescinded.’ There is a popular saying to the effect that ‘a gift by force is condemned,’ but this does not mean that one should not make a person make gifts to others; the ‘force’ in this case (which is condemned) is ‘importunate begging.’

Similarly the ‘affluent,’ the rich man who makes a living by money-lending, should not be forced by such expostulations as—‘why does this man advance money on interest to other persons and not to me?’

Or, the meaning may be that ‘no loan shall he forced upon an unwilling spendthrift;—as it is only when money is lent at the request of the other party that the money-lender prospers, and not when he forces the loan upon him, since such forcing is forbidden by law.’

Similarly, ‘the merchant,’ like the money-lender, carries on his business only with a view to add to his wealth. The ‘merchant’ is one who lives by buying and selling.

King’—prospers only when receiving lines imposed upon persons charged before him,—and not by forcing or encouraging such suits and charges. To this end there is the declaration that ‘the king shall not encourage law-suits.’

The case of the ‘Brāhmaṇa’ and the rest has been cited only for the purpose of illustrating what is enjoined regarding the duty of the king.

Or, the whole of the present verse, as also the next, is meant to be illustrative of the entire section.—(169)

 

Explanatory notes by Ganganath Jha

Kulam’—‘Judge’ (Kullūka and Govindarāja)—‘undivided family’ (Nārāyaṇa and Rāghavānanda);—‘member of a family’ (Nandana, who is misrepresented by Hopkins, who wrongly translates ‘Kulīnaḥ’ (?) as friend ).

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