Verse 9.279

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

तडागभेदकं हन्यादप्सु शुद्धवधेन वा ।
यद् वाऽपि प्रतिसंस्कुर्याद् दाप्यस्तूत्तमसाहसम् ॥ २७९ ॥

taḍāgabhedakaṃ hanyādapsu śuddhavadhena vā |
yad vā'pi pratisaṃskuryād dāpyastūttamasāhasam || 279 ||

If a man breaks open a tank, he shall be slain in the water, or by simple form of death; or, he may repair the damage and be made to fay the highest amercement.—(279)

 

Medhātithi’s commentary (manubhāṣya):

‘Tank’—has been mentioned only by way of an illustration.

The same thing applies to the ‘stealing’ of the water of a river also;—say some people.

This however is not right; because the harm done in the breaking of the tank is very great; and it is only slight in the case of the breaking of a river-dam.

The law here laid down applies also to the case of cutting the embankments of a tank.—(279)

 

Explanatory notes by Ganganath Jha

This verse is quoted in Vivādaratnākara (p. 365), which adds the following notes—‘Apsu’, i.e., by drowning in water,—‘śuddhavadhena’, by strangulation or such means of capital punishment, apart from water;—the penalty of ‘highest amercement’ is to be inflicted along with that of making him do the necessary repairs.

 

Comparative notes by various authors

(verses 9.279-281)

Śaṅkha-Likhita (Vivādaratnākara, p. 365).—‘One who breaks the dam of pools, tanks, or vitiates a path or poisons liquid substances, shall have his limbs cut off.—For damaging an idol or a garden or a well, or bridges or drinking pools, the man should be compelled to repair the damage, to reconsecrate it, and to pay a fine of eight hundred.’

Yājñavalkya (2.278).—‘A woman who is very sinful, or who procures abortion, or kills men, or who breaks a dam, should be drowned in water with a stone tied round her neck.’

Do. (2.273).—‘Those who steal elephants or horses should be impaled.’

Kātyāyana (Vivādaratnākara, p. 367).—‘One who breaks a wall, or dismantles it or cuts iṭ, or who dams up the flow of water should be fined the first amercement.’

Do. (Do., p. 364).—‘If one steals, breaks or burns an idol of gods, or damages a temple, he should be fined the first amercement.’

Vāysa (Aparārka, p. 845).—‘The stealer of a horse should be put to death by having his hands, feet and loin cut off; one who steals cattle shall have half of his foot cut off with a sharp instrument.’

Viṣṇu (Vivādaratnākara, p. 320).—‘One who steals a cow, or a horse, or an elephant shall have his one hand and one foot cut off; and one who steals a goat shall have one hand cut off.’

Nārada (Vivādaratnākara, p. 321).—‘For stealing large animals, the punishment is the highest amercement.

Viṣṇu (Do., p. 365).—‘Those cutting a dam should be put to death.’

Yama (Aparārka, p. 822).—‘If one takes away the water of a tank or destroys the inlet of water, he should he made to pay the first amercement.—One who breaks the dam of a tank should be put to death in water, etc., (as in Manu 279).’