Verse 9.292

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

सर्वकण्टकपापिष्ठं हेमकारं तु पार्थिवः ।
प्रवर्तमानमन्याये छेदयेत्लवशः क्षुरैः ॥ २९२ ॥

sarvakaṇṭakapāpiṣṭhaṃ hemakāraṃ tu pārthivaḥ |
pravartamānamanyāye chedayetlavaśaḥ kṣuraiḥ || 292 ||

If the goldsmith, the worst of all ‘thorns,’ behaves dishonestly, the king shall have him cut to pieces with razors.—(292)

 

Medhātithi’s commentary (manubhāṣya):

Of all the ‘thorns’ described above, the goldsmith is the worst’

Question’.—If what is meant is the selection (of the ‘goldsmith from among the ‘thorns’),—then why should not the compounding (in ‘Sarvakaṇṭakapāpiṣṭham’) be avoided [in obedience to Pāṇini 2.2.10]?

What is meant by his being ‘the worst of sinners’ is that the stealing of a small quantity of gold involves a great sin, while the stealing of gold belonging to a Brāhmaṇa involves ‘the most heinous crime.’

For this reason, if the goldsmith behaves dishonestly, ‘he shall be cut to pieces.’ Goldsmiths steal gold by manipulating the scales and during the processes of heating and cutting.

In this case, considerations of the quantity stolen, or the caste of the owner do not enter; repetition alone has to be taken into consideration; e.g., in the ease of the first offence a fine shall be substituted for the slicing of flesh with a razor.

It has already been explained that in the case of corporal punishment, the sin disappears by virtue of the punishment inflicted—(292)

 

Explanatory notes by Ganganath Jha

This verse is quoted in Mitākṣarā (2. 297), which adds that it refers to cases where the gold belongs to a temple, or to a Brāhmaṇa or to the king;—in Aparārka (p. 862), which remarks that it refers to the case of a goldsmith stealing gold belonging to a Brāhmaṇa;—in Vivādaratnākara (p. 309), which explains ‘Kaṇṭaka’ as an open thief, and adds that people have held that the penalty prescribed being very heavy, it must refer to cases of repeated theft;—and in Vīramitrodaya (Vyavahāra 151b).

 

Comparative notes by various authors

Yājñavalkya (2.296).—‘One who deals with gold fraudulently, or sells bad flesh, should be deprived of three limbs (nose, ears and hands), and be made to pay the highest amercement.’

Katyāyana (Vivādaratnākara, p. 309).—(Same as Yājñavalkya, above.)