Verse 8.211

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

सम्भूय स्वानि कर्माणि कुर्वद्भिरिह मानवैः ।
अनेन विधियोगेन कर्तव्यांशप्रकल्पना ॥ २११ ॥

sambhūya svāni karmāṇi kurvadbhiriha mānavaiḥ |
anena vidhiyogena kartavyāṃśaprakalpanā || 211 ||

Among men carrying on their business jointly, the allotment of shares should be done by the application of these principles.—(211)

 

Medhātithi’s commentary (manubhāṣya):

In the sacrificial performance, the man who does the most laborious parts of the work and is employed to do what demands much effort, receives a larger fee, and he who does the easier parts receives loss; similarly among ordinary workmen also, those, e.g., employed in the building of houses and temples,—when they do the work ‘jointly,’ as among the architect, the mason and the carpenter.—their several shares shall be alloted ‘by the application of these principles’;—‘principle’ is rule laid down in the Veda, hence this phrase means ‘according to the rule laid down in the Veda in connection with sacrificial performances.’

Similarly in the producing of a drama, and such other business, the shares are to ho alloted among the dancers, the singers and the players of musical instruments.

Even though everyone of the persons concerned may be well versed in the science and quite capable of doing all the work, yet the shares are to be alloted in accordance with the work that is actually done by each, and according to the character of the man concerned.

Thus ends the treatment of ‘Joint Concerns.’—(211)

 

Explanatory notes by Ganganath Jha

This verse is quoted in Parāśaramādhava (Vyavahāra, p. 221), which remarks that this distribution pertains to only cases where the thing to be divided is mentioned as common to all;—in Kṛtyakalpataru (90a);—and in Vīramitrodaya (Vyavahāra, 119b), which says that this refers, not to the fee that is prescribed for individual priests, but to the common fee of 1200 cows, which is prescribed for all the officiating priests.

 

Comparative notes by various authors

Yājñavalkya (2.259).—‘Among traders carrying on a joint concern for profit, their profit and loss shall be commensurate with the share of capital contributed by each.’

Nārada (3.1-3).—When traders or others carry on business jointly, it is called Partnership. When several partners are jointly carrying on business for the purpose of profit, the contribution of funds towards the common stock of the association shall form the basis of their undertakings. Therefore let each contribute his proper share. The loss, expenses and profit of each partner are either equal to those of other partners or exceed them, or remain below them, according as his share is equal to theirs, or greater or less.’

Bṛhaspati (14.3).—‘As an equal, smaller, or larger share of the joint stock has been contributed by a partner, in the same proportion shall he defray charges, perform labour and obtain profit.’

Śukranīti (4.5.614-618).—‘Those who deal in gold, grains and liquids, jointly, will have the earnings according to the amount of their share, greater, equal or less. Whatever portion has been stipulated beforehand,—equal, less or greater,—that shall he accepted. Expenditure he shall pay and do the labour also proportionately, and take the profit also in the same manner.’