Verse 8.203

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

नान्यदन्येन संसृष्टरूपं विक्रयमर्हति ।
न चासारं न च न्यूनं न दूरेण तिरोहितम् ॥ २०३ ॥

nānyadanyena saṃsṛṣṭarūpaṃ vikrayamarhati |
na cāsāraṃ na ca nyūnaṃ na dūreṇa tirohitam || 203 ||

Any commodity that is mixed up with another should not be sold; nor what is without substance, nor what is deficient, nor what is at a distance, nor what is concealed.—(203).

 

Medhātithi’s commentary (manubhāṣya):

In course of the treatment of ‘Sale without Ownership,’ the author proceeds to lay down other rules also in connection with sales.

‘Any commodity’—such as saffron—‘that is mixed up with another’—commodity, which is of an inferior quality, and which is only similar to it—such as the kusumbha flower—‘should not he sold.’

‘Nor what is without substance’—i.e., which, having been kept closed in a vessel for a long time, has lost its substance, has become defective and decays, though appearing as fresh; e.g., cloth and other commodities.

‘Nor what is deficient’;—i.e., less in weight or measure.

‘Nor what is at a distance’—away from the place of sale; and described as ‘clothes or sugar or such things lying in my house in the village.’

‘Nor what is concealed’—tied up and hidden in a piece of cloth; or the real form of which is hidden by the colour of another substance; what is old but appears to be new is also called ‘concealed.’

Commodity of these kinds should not be sold; it shall be sold after having been fully exposed and described; sales effected otherwise are invalid; and there would be nothing wrong in such being revoked even after the lapse of ten days.

Since no penalty in connection with this is here prescribed, it shall be understood to be what has been laid down in 193 in connection with ‘fraudulent transactions’ in general.

Others, however, hold that since that penalty is laid down in another context, that in connection with what is referred to here must he what has been prescribed for ‘selling without ownership.’—(203)

 

Explanatory notes by Ganganath Jha

‘Tirohitam’—‘Concealed’—‘in cloth or some such cover’ (Medhātithi and Nārāyaṇa),—‘in the earth’ (Nandana),—‘covered with paint’ (Govindarāja, Kullūka and Rāghavānanda).

This verse is quoted in Vivādaratnākara (p. 199), which reads saṃsṛṣṭam rūpam for ‘saṃsṛṣṭarūpam’ and adds the following notes:—‘Anyat’, saffron and such costly tilings,—‘anyena’ the Kusumbha flower and such cheaper tilings,—‘saṃsṛṣṭam,’ adulterated,—‘rūpam,’ commodity,—‘sāvadyam,’ defective,—this last is meant to include all defects other than those just specified;—‘nyūnam,’ less in weight—‘dure,’ being at a distance and hence incapable of having its defects detected,—‘tirohitam,’ covered by cloth or some such thing;—and in Kṛtyakalpataru (110a).

 

Comparative notes by various authors

Yājñavalkya (2.245).—‘In the sale of medicines, oils, salts, perfumes, grains, molasses and such things, if the vendor mixes inferior stuff, he shall be fined 16 Paṇas.’

Katyāyana (Aparārka, p. 776).—‘One should make a purchase and pay its price openly.’