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...

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

पुत्रः कनिष्ठो ज्येष्ठायां कनिष्ठायां च पूर्वजः ।
कथं तत्र विभागः स्यादिति चेत् संशयो भवेत् ॥ १२२ ॥
एकं वृषभमुद्धारं संहरेत स पूर्वजः ।
ततोऽपरे ज्येष्ठवृषास्तदूनानां स्वमातृतः ॥ १२३ ॥

putraḥ kaniṣṭho jyeṣṭhāyāṃ kaniṣṭhāyāṃ ca pūrvajaḥ |
kathaṃ tatra vibhāgaḥ syāditi cet saṃśayo bhavet || 122 ||
ekaṃ vṛṣabhamuddhāraṃ saṃhareta sa pūrvajaḥ |
tato'pare jyeṣṭhavṛṣāstadūnānāṃ svamātṛtaḥ || 123 ||

‘In case the younger son is born of the elder wife, and the elder one of the younger wife,—how would the partition be made?’—If such a doubt arises,—the son born of the elder wife shall take one bull as his ‘preferential share;’ the other bulls, which are not so good, shall belong to those who are junior to him, on account of the position of their mothers.—(122-123)

 

Medhātithi’s commentary (manubhāṣya):

(verses 9.122-123)

Elder wjfe’—married first:—‘younger wife’—one who was married later.

As between the sons born of these wives, the question arises whether ‘seniority’ shall he determined by the order in which their mothers have been married?—or, by the order in which they were themselves born? Having raised this question, the author answers it in the next verse;—this method being adopted with a view to making the rule more easily comprehensible.—(122)

Pūrvajaḥ’—he who is horn of the ‘pūrvā,’ the elder, wife, though himself younger (in age)—is entitled to one excellent hull.

The other bulls that there may be,—‘which are not so good’—shall he allotted to the other several brothers, one to each.

Hence the ‘preferential share’ laid down for the son born of the eldest wife consists of the best bull;—the superiority of his share consisting only in the quality of the bull, not in the number.

Those who are junior to him’—i.e., to the son born of the eldest wife.—Junior by what?—‘On account of the position of their mothers’—i.e., according to the order of their marriage. Thus the seniority among the sons is determined by the seniority of their mothers, and not by their own age.—(123)

 

Explanatory notes by Ganganath Jha

(verses 9.122-123)

These verses are quoted in Vivādaratnākara (p. 473), which adds the following explanation: The question here raised pertains to the case where there are several sons born of several mothers belonging to the same caste as the father; the term ‘pūrvajaḥ’ (in verse 123) stands for the younger son born of the senior wife, as is clear from the latter half of the verse; which means that the next best bullocks—those not the very best—shall belong to those brothers who are ‘junior’ by reason of the junior position of their mothers; i.e., whose mothers are junior to the mother of the aforesaid

brother;—and in Vyavahāra-Bālambhaṭṭī (p. 461).

 

Comparative notes by various authors

(verses 9.122-126)

Gautama (28.14-17).—‘If a man has several wives, the additional share of the eldest son is one bull;—but if the eldest son also happen to be born of the first-married wife, his additional share shall consist of fifteen cows and one hull. The oldest son born of a later-married wife shall share the estate equally with his younger brothers born of the senior wife. Or the special shares shall be adjusted in each class of sons, according to their mothers.’

Bṛhaspati (25.15).—‘When there are many sons sprung from one father, equal in caste and number, but born of different mothers, a legal division may be effected by adjusting the shares according to the mothers.’

Devala (Vivādaratnākara, p. 477).—‘Among sons belonging to castes other than that of the father, seniority is determined by their moral character; between twins, by actual birth, i.e., that one is senior whose face the father sees first.’

Like what you read? Consider supporting this website: