Verse 8.242

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

अनिर्दशाहां गां सूतां वृषान् देवपशूंस्तथा ।
सपालान् वा विपालान् वा न दण्ड्यान् मनुरब्रवीत् ॥ २४२ ॥

anirdaśāhāṃ gāṃ sūtāṃ vṛṣān devapaśūṃstathā |
sapālān vā vipālān vā na daṇḍyān manurabravīt || 242 ||

But Manu has declared that no punishment shall be inflicted upon a cow within ten days of its calving, or bulls or dedicated cattle,—whether with or without keepers.—(242)

 

Medhātithi’s commentary (manubhāṣya):

The present verse lays down an exception to what has been said above.

Since the text speaks of the ‘cow,’ it follows that, in the case of other animals, such as the buffalo and the like, the wrong done is cognisable. The term ‘vṛṣāh’ stands for bulls.

‘Dedicated cattle,’—such cattle as have been selected by a sacrificer for being used at an impending sacrificial performance. Or the term ‘deva’ may stand for the images of Viṣṇu, Śiva or other Gods installed within brick-structures; and such ‘cattle’ as may have been presented to these ‘Gods’ would be called ‘dedicated cattle’; as in such cases there would be a relation of possession and possessed between the ‘Gods’ and the ‘cattle.’

What is declared here pertains to such cattle as serve as ornaments of temples; and not to those that are only brought there for the purpose of their milk being offered to the temple. Because in the case of the latter, it is the keepers that offer the milk to the Gods, and hence are the ‘owners’ of the cattle; so that these have to be regarded as on the same footing as other owners. On the other hand, those that serve as ornaments to the temple have been presented to the temple, and as such come to be regarded as being ‘dedicated cattle.’

Some people hold that the term ‘vṛṣāh’ stands for such bulls as have been let off, in connection with the ceremony of Vṛṣotsarga.

Such cattle—whether they be ‘with keepers,’ or not belonging to any one and hence ‘without keepers’—are not to be penalised.—(242)

 

Explanatory notes by Ganganath Jha

This verse is quoted in Vivādaratnākara' (p. 239), which explains ‘deva-paśu’ as ‘cattle dedicated to the gods’;—in Aparārka (p. 771);—in Parāśaramādhava (Vyavahāra, p. 268), which explains ‘vṛṣa’ as (a) ‘mahokṣa,’ i.e., ‘large bull,’ or (b) ‘bulls dedicated by the rite called vṛṣotsarga’;—and in Smṛtitattva (p. 530), which adds that the cattle mentioned here, if they do any damage, are simply to be driven away;—and in Vyavahāra-Bālambhaṭṭī (p. 811);—and in Vivādacintāmaṇi (Calcutta p. 68), which explains ‘vṛṣān’ as ‘breeding bulls.’

 

Comparative notes by various authors

Viṣṇu (5.150).—‘If the damage has been done by bulls that have been set at liberty, or by a cow shortly after her calving (there is no offence).’

Yājñavalkya (2.163).—‘The Big Bull, cattle consecrated and let loose, a cow newly calved, stray strange cattle, or those perturbed by visitations of the King or of Fate,—these shall ho set at liberty (without punishment), even though they he accompanied by the keeper (at the time of grazing).’

Uśanas (Aparārka, p. 771).—‘Elephants and horses are not to he punished; as also a strange cow, or one newly calved; or one that has strayed from the herd, and all cows at the time of rejoicings or Śrāddhas.’

Kātyāyana (Do., p. 772).—‘In the matter of punishing the grazing of cattle, of the highest, lowest and middlemost kinds, the King shall inflict fines only in the event of the owner of the field complaining about it.’

Nārada (11.30, 32, 33).—‘A cow within ten days of her calving, a big bull, a horse and an elephant shall he kept off carefully. The owner of any one of them is not liable to punishment for doing any damage. The owners of elephants and horses shall not pay any fine. Impunity is likewise granted to the owner of the strayed cow, of one that has recently calved, or of one that is uncontrollable;—as also the owner of one that has lost her way, or broken down, or stuck in the marsh, or a bull marked by the sign of consecration.’

Arthaśāstra (p. 60).—‘The village-bull, the consecrated bull, the cow within ten days of calving, old hulls and breeding bulls shall not be punished.’