Verse 8.320

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

धान्यं दशभ्यः कुम्भेभ्यो हरतोऽभ्यधिकं वधः ।
शेषेऽप्येकादशगुणं दाप्यस्तस्य च तद् धनम् ॥ ३२० ॥

dhānyaṃ daśabhyaḥ kumbhebhyo harato'bhyadhikaṃ vadhaḥ |
śeṣe'pyekādaśaguṇaṃ dāpyastasya ca tad dhanam || 320 ||

There shall be ‘immolation’ for one who steals more than ten jars of grain; in other cases he should he made to pay eleven times as much, as also make good the property to the owner.—(320)

 

Medhātithi’s commentary (manubhāṣya):

The term ‘jar’ is used in the sense of a particular measure, and not in that of one jarful only. The exact quantity is sometimes 20 seers, and in others 22 seers according to the custom of the place.

He who steals more than ten ‘jars,’ should be punished with ‘immolation.’ This rule is relaxed in accordance with the circumstances attending each case.

‘In the rest,’—i.e., in the case of ten jars and less,—the fine shall be eleven times the quantity stolen.

‘The property shall be made good to the owner’;—this applies to all cases of theft.

‘Grain’—under this term are included seventeen things—the Vrīhi, the Yava and so forth,—as mentioned in the Smṛtis.—(320)

 

Explanatory notes by Ganganath Jha

‘Kumbha’—‘Equivalent to 20 or 22 Prasthas of 32 Palas each’ (Medhātithi);—‘to 2 Droṇas of 200 Palas each’ (Govindarājā, Kullūka and Rāghavānanda).

This verse is quoted in Smṛtitattva (p. 513), where, Kātyāyana is quoted as making ‘kumbha’ equivalent to 20 droṇas;—in Aparārka (p. 846), which has the following notes:—The kumbha is equivalent 52 droṇas;—‘vadha’ is to be inflicted on the man who steals more than 20 kumbhas of paddy; in ‘other cases’—i.e., where the quantity stolen is not large—the thief should be made to pay a fine which is eleven times that which is prescribed for cases of stealing paddy (?); and the quantity stolen has to be restored to the owner.

It is quoted in Mitākṣarā (2.275) as indicating the fact that the penalty varies with the quantity of grain stolen; it adds the following notes:—The kumbha is equal to 20 droṇas,—whether the ‘vadha’ prescribed here is to be beating or mutilation or death shall depend upon (1) the qualities of the thief, of the corn stolen and of the owner of the corn, and (2) upon the time, whether it is a time of scarcity or plenty;—and in Vīramitrodaya (Vyavahāra, 151a), which explains ‘kumbha’ as 10 seers, ‘śeṣe’ as ‘less than ten kumbhas—‘tasya’ as ‘to the owner of the grain.’

It is quoted in Vivādaratnākara (p. 311), which has the following notes:—The kumbha consists of 10 prasthas,—‘śeṣe’, less than 10 kumbhas,—the property that had been stolen should be restored to the owner.

It is quoted in Vyavahāramayūkha (p. 101), which explains ‘kumbha’ as 10 prasthas;—and in Prāyaścittaviveka (p. 341), which says that this refers to eases of serious crime.

 

Comparative notes by various authors

Viṣṇu (5.12).—‘Those who steal more than 10 kumbhas of grain, should be put to death.’

Nārada (Theft: 26).—‘Corporal punishment or death shall he inflicted on him who steals more than 10 kumbhas of grain; when the quantity is less, he shall be made to pay eleven times the value—thus has Manu ordained.’