Verse 8.298

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

गर्धभाजाविकानां तु दण्डः स्यात् पञ्चमाषिकः ।
माषिकस्तु भवेद् दण्डः श्वसूकरनिपातने ॥ २९८ ॥

gardhabhājāvikānāṃ tu daṇḍaḥ syāt pañcamāṣikaḥ |
māṣikastu bhaved daṇḍaḥ śvasūkaranipātane || 298 ||

In the case of donkeys, goat and sheep the fine shall consist of five ‘māṣas’; and the fine shall be one ‘māṣa’ for the killing of a dog ok a pig.—(298)

 

Medhātithi’s commentary (manubhāṣya):

The term ‘pāñcamāṣika’ means ‘that of which five māṣas is the measure’; since the substance is not mentioned of which there shall be ‘five māṣas,’ the most reasonable conclusion is to take the mean, i.e., a substance of medium quality; hence it is ‘five māṣas’ of silver that is meant; so say some people.

But the right view is to take it as referring to gold; and in this sense the present assertion does not militate against anything that has been said before with regard to its being ‘equal to it’ (?)

The final conclusion is that the exact substance is to be determined in accordance with the circumstances of each individual case.—(298)

 

Explanatory notes by Ganganath Jha

This verse is quoted in Vivādaratnākara (p; 283), which notes that the ‘māṣaka’ is equal to two kṛṣṇalas, as declared by Pārijāta;—in Parāśaramādhava (Vyavahāra, p. 291);—and in Mitākṣarā (2.300), where Bālambhaṭṭī adds the following notes:—For the killing of a donkey, or goat, or sheep, the fine consists in silver, 5 Māsas in weight, and not gold, and for the killing of a dog or a pig, one Māṣa of silver. It notes both the readings, ‘pāñcamāṣikaḥ... māṣikaḥ’ and ‘pañcamāṣakaḥ...... māṣakaḥ’.

 

Comparative notes by various authors

(verses 8.295-298)

See Comparative notes for Verse 8.295.