Verse 8.282

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

अवनिष्ठीवतो दर्पाद् द्वावोष्ठौ छेदयेन्नृपः ।
अवमूत्रयतो मेढ्रमवशर्धयतो गुदम् ॥ २८२ ॥

avaniṣṭhīvato darpād dvāvoṣṭhau chedayennṛpaḥ |
avamūtrayato meḍhramavaśardhayato gudam || 282 ||

If, out of arrogance, he spits, the king should have his two lips cut off; if he urinates, then his penis; and if he breaks wind, his anus.—(282)

 

Medhātithi’s commentary (manubhāṣya):

If he sprinkles urine on his superior, or passes urine in his presence, with a view to insult him,—then, even though the urine may not actually touch the man, yet, in as much as he insults his superior with ‘urination,’ the penis shall he cut off.

This same rule applies to the case of semen; as the effect is the same in this ease also.

‘Spitting’ consists in letting the fluid pass out of the nostrils or the mouth. Hence if it is done through the nostrils, it is the nostrils that have to be cut off; in accordance with what has been said (under 279) regarding the punishment to be inflicted upon that limb with which the offence has been committed.

‘Breaking wind’—is making an improper sound with the anus.

All this is to be punished, when done ‘out of arrogance’ and not when done by chance.—(282)

 

Explanatory notes by Ganganath Jha

This verse is quoted in Vivādaratnākara (p. 268), which adds the following notes:—‘Āvaniṣṭhīvato darpāt’, through arrogance spitting on the superior,—‘avamūtrayataḥ,’ sprinkling urine,—‘avaśardhayataḥ,’ passing wind through the anus with a loud sound;—in Aparārka (p. 814), which takes it as prescribing the penalty for the Śūdra doing these things upon twice-born persons;—in Parāśaramādhava (Vyavahāra, p, 288);—in Mitākṣarā, (2. 115) where Bālambhaṭṭī remarks that the acts here mentioned are indications of disregard and contempt;—and in Vivādacintāmaṇi (Calcutta, pp. 75 and 73).

 

Comparative notes by various authors

Viṣṇu (5.21-22).—‘If he spits on him, he shall lose both lips;—if he breaks wind against him, his hind-parts.’

Arthaśāstra (p. 106).—‘If he touches one with unclean limbs, or with the feet, or with spittings, he shall be fined 6 Paṇas; if with vomits or urine or ordure, 12 Paṇas; if he touches the body above the navel, the double of these; if on the head, then four times. This among equals. If one does all this to a superior, then the fine shall be double; half only if it is done inadvertently.’

Nārada (15-16. 27).—‘If, through arrogance, he spits on a superior, the King shall have both his lips to be cut off; if he makes water on him, the penis: if he breaks wind against him, the buttocks.’

Yājñavalkya (2.213-214).—‘If one touches another person with ashes, or mud, or dust,—the fine shall be 10 Paṇa.s; if he touches him with an unclean hand, or with the foot, or with spittings, the fine shall be double of that. This refers to the case of equals; if the offence is against another man’s wife, or against superior persons, the fine shall be double; if against inferiors, it shall be half; there is to be no punishment if all this is done under the influence of liquor and such things.’

Kātyāyana (Aparārka, p. 813).—‘The fine is to be quadrupled if one touches another person with vomitings, urine or ordure; and sixfold if the middle of the body is touched; and eightfold, if the head is touched.’

Hārīta (Vivādaratnākara, p. 266).—‘If one of a lower caste catches hold of the neck, or breasts or hair or mouth of a person of the higher caste, the fine shall be 30; 63, for uprooting his hair and for threatening him.’