Verse 8.331

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

परिपूतेषु धान्येषु शाकमूलफलेषु च ।
निरन्वये शतं दण्डः सान्वयेऽर्धशतं दमः ॥ ३३१ ॥

paripūteṣu dhānyeṣu śākamūlaphaleṣu ca |
niranvaye śataṃ daṇḍaḥ sānvaye'rdhaśataṃ damaḥ || 331 ||

For husked grains, for vegetables, roots and fruits, there shall be a fine of a hundred, in a case where there has been no propitiation; and fifty, where there has been propitiation.—(331)

 

Medhātithi’s commentary (manubhāṣya):

‘Roots, etc.,’—e.g., sugar-cane, grapes and so forth.

In a case of theft which is ‘niranvaya’;—‘anvaya’ stands for ‘propitiation,’ the adopting of a conciliatory attitude towards the owner, such as—‘I took this thing under the impression that what is yours is mine also; if this be not so, then take it,’—or some such words;—where this is not done, it is a ‘case where there has been no propitiation’; and this being a form of ‘robbery,’ the punishment is severe.

A case where there has been such ‘propitiation’ is called ‘sānvaya.’

Or, the meaning may be that there shall be a fine of ‘hundred’ in a case where there is no ‘relationship’ between the parties,—such as living in the same village and so forth.

Or, ‘niranvaya’ may mean ‘unguarded.’ Where the watchman is present, since the fault lies with both (thief as well as the watchman), the punishment of the thief shall be slight.

The punishment here laid down refers to the case of stealing corns lying in the threshing yard, where they are husked. In the case of corns stored in the house, the fine shall be ‘eleven times their value,’ as declared above (330).—(331)

 

Explanatory notes by Ganganath Jha

‘Niranvaye’—‘(a) Friendly leading, or, (b) neighbourliness, or (c) absence of watchman’ (Medhātithi);—Govindarāja and Nārāyaṇa have (a);—and Kullūka and Rāghavānanda have (b).—See 198 above.

This verse is quoted in Vivādaratnākara (p. 324), which adds the following notes:—‘Paripūteṣu,’ husked,—‘niranvaye,’ (the appropriating being done) without any such justification as friendship and the like; in view of the present rule being inconsistent with what Manu has himself said in regard to ‘vadha’ being the penalty for stealing more than 10 kumbhas of grains, and ‘eleven times’ the fine for stealing lesser quantities,—people have held that the present rule is meant for thefts from the harvesting yard, the heavier penalties being for thefts from the houses.

 

 

Comparative notes by various authors

(verses 8.326-331)

See Comparative notes for Verse 8.326-329.