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 9.249 [Punishment of the Not Guilty and acquitting of the Guilty]

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

यावानवध्यस्य वधे तावान् वध्यस्य मोक्षणे ।
अधर्मो नृपतेर्दृष्टो धर्मस्तु विनियच्छतः ॥ २४९ ॥

yāvānavadhyasya vadhe tāvān vadhyasya mokṣaṇe |
adharmo nṛpaterdṛṣṭo dharmastu viniyacchataḥ || 249 ||

The sin incurred by the king in striking one who does not deserve it, is the same as that in acquitting one who deserves to be struck; but merit accrues to him if he chastises justly.—(249)

 

Medhātithi’s commentary (manubhāṣya):

The sin incurred by the king in punishing the innocent is equal to that incurred in acquitting the guilty,—in connection with the above-mentioned crimes.

The king receives taxes for fulfilling certain duties; if he fails to do these, he incurs sin; but the due fulfilment of these does not necessarily involve spiritual merit As for the declaration —‘merit accrues to him, if he chastises justly’,—which speaks of merit accruing—all this is merely commendatory of the injunction regarding the fulfilment of one’s duties.

The teaching regarding ‘punishments’ is for the purpose of preventing crime; hence they shall be inflicted, according to law, by various methods of corporal punishment The declarations made in this connection pertain to the accomplishment of all such kingly duties as are conducive to temporal ends; e.g. the punishing of the ‘haughty’, the ‘warlike’ and so forth. And as the teaching pertains to visible ends, it is not the actual death-penalty that shall be inflicted in all cases. Hence if the intended chastisement is secured by other means, there would be nothing wrong in this.—(249)

 

Explanatory notes by Ganganath Jha

This verse is quoted in Vivādaratnākara (p. 649), which explains ‘niyacchataḥ’ as ‘encompassing the punishment of the guilty and acquittal of the not guilty.’

 

Comparative notes by various authors

Yājñavalkya (Vivādaratnākara, p. 649).—‘The King who punishes those who deserve to he punished and protects those who are well-behaved, performs sacrifices where hundreds of thousands are given as the sacrificial fee. Punishment unjustly inflicted destroys both spiritual merit and fame; and when justly inflicted, it brings to the King heaven, fame and victory.’

Kātyāyana (Do., p. 650).—‘King’s ministers incur terrible sin if they omit to chastise the sinners and punish those who are well-behaved.’

Vaśiṣṭha (Do.).—‘If punishment is wrongly inflicted, the King should fast for one day, the priest for three days; or, if punishment is not inflicted on those who deserve it, the King shall fast for three days and the priest should perform the Kṛcchra penance.’

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