Verse 8.178

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

अनेन विधिना राजा मिथो विवदतां नृणाम् ।
साक्षिप्रत्ययसिद्धानि कार्याणि समतां नयेत् ॥ १७८ ॥

anena vidhinā rājā mitho vivadatāṃ nṛṇām |
sākṣipratyayasiddhāni kāryāṇi samatāṃ nayet || 178 ||

In this manner shall the king settle the disputes of men quarrelling among themselves, deciding them with the help of witnesses and other evidence.—(178)

 

Medhātithi’s commentary (manubhāṣya):

‘This’ refers to all that has been said above.

‘Manner’—method.

‘Deciding them with the help of witnesses and other evidence,’—‘Deciding’ is to be construed with each of the two names ‘sūkṣi’ (witness) and ‘pratyaya’ (evidence);—‘evidence’ standing for inferences and ordeals.

‘Disputes’—Not only the non-payment of debts, but others, also.

‘Settle,’—i.e., remove the differences of opinion between the plaintiff and the defendant: and restore them to agreement.

The treatment of the ‘non-payment of debts’ has been finished. This also is the end of all suits; victory or defeat in all of them being adjudicated on the same lines. Even in the ‘Heads of Dispute’ that follow there is no other means available for deciding except ‘witnesses And the rest’; the only difference that there is is in regard to the character of the punishment to be inflicted, whose exact nature has got to be prescribed; and it is for this purpose that we have the following sections; and in course of this it shall also be determined what is meant by ‘Selling without Ownership,’ ‘Rescission of Sale’ and so forth.—(178)

 

Explanatory notes by Ganganath Jha

‘Pratyaya’—‘Inference and supernatural proof’ (Medhātithi);—‘inference, oaths and so forth’ (Govindarāja);—‘oaths’ (Nārāyaṇa and Nandana).

This verse is quoted in Vivādaratnākara (p. 618).

 

Comparative notes by various authors

Bṛhaspati (27.25)—‘Thus let the King every day examine in common with learned Brāhmaṇas, both the suits preferred by litigants and those instituted by the King himself.’