Verse 8.279 [Assaults]

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

येन केन चिदङ्गेन हिंस्याच्चेत्श्रेष्ठमन्त्यजः ।
छेत्तव्यं तद् तदेवास्य तन् मनोरनुशासनम् ॥ २७९ ॥

yena kena cidaṅgena hiṃsyāccetśreṣṭhamantyajaḥ |
chettavyaṃ tad tadevāsya tan manoranuśāsanam || 279 ||

With whatever limb the low-born man hurts a superior person, every such limb of his shall be cut off; this is the teaching of Manu.—(279)

 

Medhātithi’s commentary (manubhāṣya):

‘Low-born man’— from the Śūdra down to the Caṇḍāla.

‘Superior person’—belonging to the three higher castes.

If the former hurts the latter with any ‘limb,’—either directly, or through the instrumentality of a stick or a sword or some such weapon,—then ‘that limb of his shall be cut off.’

The term ‘hiṃsā’ (hurt) here stands for striking in anger, intentionally raising the hand or some weapon and letting it fall upon another,—and not actually killing.

The repetition of the pronoun ‘tat tat’ (‘every such’) is meant to guard against the idea that only one limb is to be cut off, which might arise from the use of the singular number in ‘aṅgam’ (‘limb’). Hence in a case where the hurt is inflicted by several limbs, all these limbs should be cut off.

‘Teaching’— advice. Such is the law laid down by Manu. This has been added with a view to make a lenient king inflict the severe punishment.—(279)

 

Explanatory notes by Ganganath Jha

This verse is quoted in Vivādaratnākara (p. 258), which explains ‘hiṃsyāt,’ as ‘strikes,’—‘śreyāṃsam’ (which is its reading for ‘checcreṣṭham’) as ‘one of the three higher castes—and ‘antyajaḥ’ as the ‘Śūdra’;—and in Vīramitrodaya (Vyavahāra, 146b).

It is quoted in Vyavahāramayūkha (p. 100);—in Parāśaramādhava (Vyavahāra, p. 288);—in Aparārka (p. 813), to the effect that the limb should be cut off, if a, Śūdra causes pain to a Brāhmaṇa, or a Kṣatriya or a Vaiśya;—and in Mitākṣarā (2.215), to the effect that if a Śūdra causes pain to the Brāhmaṇa, or to the Kṣatriya, or to the Vaiśya, his limb should be cut off; and adds that inasmuch as this lays down the cutting of the limb of a Śūdra who strikes any twice-born person, it follows, from the parity of reasoning, that this same punishment is to be inflicted upon the Vaiśya striking the Kṣatriya. Bālambhaṭṭī has the following notes:—‘Śreyāṃsam,’ higher caste, twice-born caste,—‘antyaja,’ he who is born of the lower-most (‘antya’) limb, or one born of the lowest caste,—i.e., the Śūdra. This same rule is applicable also to the Vaiśya striking the Kṣatriya, as the former is ‘antyaja’ ‘low-born,’ in comparison with the latter, who therefore is ‘śreyān,’ ‘superior.’

It is quoted in Nṛsiṃhaprasāda (Vyavahāra, p. 44b);—and in Vivādacintāmaṇi (Calcutta, p. 75), which explains ‘śreyāṃsam’ (which is its reading for ‘śreṣṭham’) as ‘the three higher castes,’ and ‘antyaja’ as ‘Śūdra.’

 

Comparative notes by various authors

(verses 8.279-280)

Gautama (12.1).—‘A Śūdra who criminally assaults twice-born men with blows shall he deprived of the limb with which he offends.’

Viṣṇu (5.19).—‘With whatever limb an inferior insults or hurts his superior in caste, of that limb the King shall cause him to be deprived.’

Yājñavalkya (2.215).—‘That limb of a non-Brāhmaṇa with which he hurts the Brāhmaṇa should he cut off. If he raises a weapon to strike him, he shall pay a fine of the first degree; if he only touches the weapon, then only half of that.’

Ārthaśāstra (p. 106).—‘By whatever limb the Śūdra strikes the Brāhmaṇa, that limb should be cut off; if he only raises a weapon to strike, some portion of a limb may be cut off; if he only touches the weapon, the penalty shall be half of that.’

Kātyāyana (Vivādaratnākara, p. 262).—‘For raising the hand to strike a man of one’s own caste, the fine is 12 Paṇas; double of that for actually striking him.’

Nārada (15-16.25).—‘With whatever limb a man of low caste offends a Brāhmaṇa, that very limb of his shall be cut off; such shall be the atonement for his crime.’