Verse 8.224

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

यस्तु दोषवतीं कन्यामनाख्याय प्रयच्छति ।
तस्य कुर्यान्नृपो दण्डं स्वयं षण्णवतिं पणान् ॥ २२४ ॥

yastu doṣavatīṃ kanyāmanākhyāya prayacchati |
tasya kuryānnṛpo daṇḍaṃ svayaṃ ṣaṇṇavatiṃ paṇān || 224 ||

If a man gives a defective damsel, without mentioning the defects, he should be punished by the king himself with a fine of ninety-six ‘paṇas.’—(221)

 

Medhātithi’s commentary (manubhāṣya):

When a maiden happens to be defective, but she is not described as being so, to the bridegroom, and is given to him without disclosing her defects,—then, on these becoming known, the king shall punish the giver.

The term ‘himself’ is meant to indicate the gravity of the offence.

Such circumstances in connection with the girl as may be detrimental to morality, to progeny, and to capacity in general are to be regarded as her ‘defects’; e.g., such diseases as consumption and the like, loss of virginity and so forth.

The punishment in this case is to be cither what is laid down in the present text, or that prescribed above, under 205.—(221)

 

Explanatory notes by Ganganath Jha

This verse is quoted in ‘Vyavahāra-Bālambhaṭṭī’ (p. 1019).

 

Comparative notes by various authors

Yājñavalkya (1.66).—‘If a man gives a girl in marriage without proclaiming her blemish, he should he lined the highest amercement.’

Nārada (Aparārka, p 95).—(Same as Manu, but reading ‘Purvasāhasachoditam’ for ‘ṣaṇṇavatim paṇān’).

Arthaśāstra (p. 92).—‘In the case of marriages, for the three higher castes, there can he rescission before the Hand-joining ceremony; for the Śūdra, before intercourse has taken place. Even after the Hand-joining ceremony has been performed, the marriage can be revoked if the girl is discovered to have serious defects; hut marriage can never he revoked after the birth of children. If the father gives away the girl without proclaiming any serious defects that she may have, he should be lined 96 Paṇas, and he should he made to return the fee or the dowry that he may have received for the girl.’

Nārada (12.33).—‘When a man gives a maiden in marriage who has a secret blemish, without making the blemish known, the King shall visit him with the gravest punishment.’