Manusmriti with the Commentary of Medhatithi

by Ganganatha Jha | 1920 | 1,381,940 words | ISBN-10: 8120811550 | ISBN-13: 9788120811553

This is the English translation of the Manusmriti, which is a collection of Sanskrit verses dealing with ‘Dharma’, a collective name for human purpose, their duties and the law. Various topics will be dealt with, but this volume of the series includes 12 discourses (adhyaya). The commentary on this text by Medhatithi elaborately explains various t...

Verse 8.291-292

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

छिन्ननास्ये भग्नयुगे तिर्यक्प्रतिमुखागते ।
अक्षभङ्गे च यानस्य चक्रभङ्गे तथैव च ॥ २९१ ॥
छेदने चैव यन्त्राणां योक्त्ररश्म्योस्तथैव च ।
आक्रन्दे चाप्यपैहीति न दण्डं मनुरब्रवीत् ॥ २९२ ॥

chinnanāsye bhagnayuge tiryakpratimukhāgate |
akṣabhaṅge ca yānasya cakrabhaṅge tathaiva ca || 291 ||
chedane caiva yantrāṇāṃ yoktraraśmyostathaiva ca |
ākrande cāpyapaihīti na daṇḍaṃ manurabravīt || 292 ||

When there is snapping of the nose-string, when the yoke is broken, when it turns sideways or backwards, when the axle breaks, and when the wheel is broken; (291) when the fittings or the yoking strap or the bridle are torn, and when there has been the loud cry ‘get out of the way,’—there is no punishment; so has Manu declared—(292)

 

Medhātithi’s commentary (manubhāṣya):

(verses 8.291-292)

The text proceeds to show the cases where there is no offence.

Nāsya’ is that which pertains to the nose; the term ending in the affix ‘yat,’ which is added because the basic noun ‘nāsā’ is the name of a limb of the body. It stands for the string that passes through the nostrils of the bullocks, as also for the bridle of the horse, or the goad of the elephant—When this has ‘snapped.’

When the yoke is broken’;—‘yoke’ is the name of a piece of wood forming part of the cart. The compound ‘chinnanāsyā,’ taken as Bahuvrīhi, refers to the cart or to the animal, both of these being connected with it, either directly or indirectly.

When it turns sideways or backwards,’—i.e., when the cart so turns. When, either on account of the uneven ground, or by reason of the animal having taken fright, the cart turns either sideways or backwards, and some one happens to be hurt,—there lies no offence. The driver can sec and guard against things only in front of him; so that when the cart turns sideways, how can ho sec and avoid striking against anything that may be there?

Turning backwards’ means turning round.

Others explain this phrase to mean that no offence lies in a case where the injured party has turned sideways, while the cart is going on its straight course; and ‘pratimukha’ they explain as ‘in front.’ The reason for there being no offence in this case is that it is the fault of the injured person himself why he did not make way for the cart coining in front of himself.

Axle’ and ‘wheel’ are well known parts of the cart.

Fittings’— the leather thongs with which the wooden parts of the chariot are tied up.

Yoking strap’— the piece of wood on the neck of the animal.

Bridle’—the string with which the movements of the yoked animals are controlled.

Loud cry’—‘get out of the way’—i.e., move off. When the animals have gone out of hand, if the driver keeps on crying ‘get out of the way,’ if some one coming by that way happens to be hurt, the fault does not lie with the driver.—(291-292)

 

Explanatory notes by Ganganath Jha

(verses 8.291-292)

These verses are quoted in Aparārka (p. 863);—in Mitākṣarā (p. 299), to the effect that the man is not liable to punishment as the damage is not due to any act of his. Bālambhaṭṭī notes that under the ten circumstances here enunciated, neither the owner nor the driver of the chariot deserves any punishment;—the adjectives ‘chinnanāsye’ etc., refer to the bullocks or other animals yoked to the chariot,—the ‘yuga’ is a piece of wooden pole,—if the piece of wood inside the wheel should happen to be broken on account of the unevenness of the road,—if the ropes with which the several parts of the chariot are bound should be snapped,—similarly on the snapping of the yoking-strap or the reins,—the ‘yoktra’ being the yoking-strap with which the shaft is tied to the back of the bullock,—the tenth circumstance is that when the driver or some one in the chariot has been crying aloud ‘turn aside’;—if under any of these ten circumstances, the chariot should happen to do damage to any living being or to any property, the driver and the rest are not liable to any punishment.

It is quoted in Vivādaratnākara (p. 281), which adds the following notes:—‘Chinnānasye,’ the string connected with the nostrils snapping,—‘bhinnayuge’, the wooden yoking-shaft breaking,—movement caused by something coming up either sideways on in front, i.e., if by reason of something else coming up sideways, or in front, the chariot should be turned aside and thereby do damage, there is to be no punishment,—‘akṣa’ is the piece of wood in the wheel (the axle),—‘yantrāṇām’, the thongs with which the yoking shaft is tied up,—‘raśmi’, the reins,—if the driver or some one else calls out loudly ‘move off’, and yet disregarding the warning, some one comes too near the chariot and becomes hurt, then the driver and others are not to be punished.

It is quoted in Parāśaramādhava (Vyavahāra, p. 290), to the effect that in a case where the hurt is caused by some one who is helpless in the matter, he is not to be punished.

 

Comparative notes by various authors

(verses 8.290-294)

See Comparative notes for Verse 8.290.

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