Verse 8.189

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

चौरैर्हृतं जलेनोढमग्निना दग्धमेव वा ।
न दद्याद् यदि तस्मात् स न संहरति किं चन ॥ १८९ ॥

caurairhṛtaṃ jalenoḍhamagninā dagdhameva vā |
na dadyād yadi tasmāt sa na saṃharati kiṃ cana || 189 ||

The depositary shall not hake good what has been stolen by thieves, or carried away by water, or burnt,—if he does not extract anything from it.—(189)

 

Medhātithi’s commentary (manubhāṣya):

If thieves, known or unknown, should bore a hole through the wall and take away the artiole,—in spite of the depositary having taken all due care for its protection,—then the loss falls upon the owner (depositor).

‘Carried away by water’—i.e., moved away from its place of keeping, to some other place.—(189)

 

Explanatory notes by Ganganath Jha

This verse is quoted in Aparārka, (p. 663), which adds that if out of the property, the man extracts not even a small part (then he shall not have to make it good);—in Vivādaratnākara (p. 88), which also adds—‘if out of the deposited property, the depository does not extract, take out, anything;’—in Parāśaramādhava (Vyavahāra, p. 206), which adds—‘if he extract even the smallest part of the deposit, then he shall have to make it good;’—and in Vivādacintāmaṇi (p. 37), which says that in a case where the deposit-holder takes for himself a portion of the deposit and keeps the remainder secretly in some other place with a view to evade the return of the trust,—then he is to be made to refund the entire deposit.

It is quoted in Kṛtyakalpataru (p. 83 a), which explains ‘tasmāt na saṃharati’ as ‘does not take for himself any part of the deposit.’

 

Comparative notes by various authors

Yājñavalkya (2.66).—‘The depositary should not be made to pay anything, if the deposit has been taken away by the King, or by accidents or by thieves. When the depositor asks for it, if it is not restored, and is found to be lost, the depositary shall be made to pay its value and also a fine equal to it.’

Kātyāyana (Aparārka, p. 663).—‘Where a deposit has been destroyed by anarchy or by accidents, it is held to have been lost to the depositor.’

Nārada (2.12).—‘If the deposit has been stolen by thieves, carried away by water, or burnt by fire, it need not he restored, unless the depositary should have appropriated some portion of it.’

Nārada (2.9).—‘If a deposit is lost, together with the property of the depositary, the loss shall he the depositor’s. The same rule shall obtain if the loss has been caused by accidents or by the King; unless the depositary shall have acted fraudulently.’

Do. (2.8).—‘If the depositary derives profit from a deposit, by using it without the consent of the depositor, he shall be fined, and shall restore the profit with interest, to the depositor.’

Bṛhaspati (12.10-12).—‘When a deposit is destroyed, together with the goods of the depositary, by the act of God or of the King, the depositary is not to blame. If the depositary should suffer the deposit to be destroyed by his want of care or indifference, or should refuse to restore it on being asked for it, he shall he made to pay the value of it with interest. Should the depositary secure any advantage for himself through the article deposited with him, he shall be fined by the King and compelled to pay its value with the interest.’

Kātyāyana (Aparārka, p. 663).—‘If the deposit has been destroyed by the fault of some one, that person should be made to pay the value of the deposit along with interest.’