Verse 11.16-17

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

तथैव सप्तमे भक्ते भक्तानि षडनश्नता ।
अश्वस्तनविधानेन हर्तव्यं हीनकर्मणः ॥ १६ ॥
खलात् क्षेत्रादगाराद् वा यतो वाऽप्युपलभ्यते ।
आख्यातव्यं तु तत् तस्मै पृच्छते यदि पृच्छति ॥ १७ ॥

tathaiva saptame bhakte bhaktāni ṣaḍanaśnatā |
aśvastanavidhānena hartavyaṃ hīnakarmaṇaḥ || 16 ||
khalāt kṣetrādagārād vā yato vā'pyupalabhyate |
ākhyātavyaṃ tu tat tasmai pṛcchate yadi pṛcchati || 17 ||

Likewise one who has not eaten six meals, may, for the seventh meal, take from a person whose sacred duties are neglected,—but only to this extent that it does not last till the morrow;—(16) either from the threshing yard, or from the field, or from the house, or from any place where it may be got; but if the owner questions him, he must confess it to the questioner.—(17)

 

Medhātithi’s commentary (manubhāṣya):

(verses 11.16-17)

The property of another person may he seized also when one’s own family is suffering from want

‘Not lasting till the morrow.’—The addition of this phrase implies that the taking of only that much is permitted which may maintain the family for one day,—and no more.

‘From one whose sacred duties are neglected’—implies that it may be taken for the purpose of sacred rites.

Another Smṛti says—‘At first one should appropriate from a person of lower status than himself; if no such be available, then from a man of equal status; and in the event of this also being not available, even from a person of superior righteousness.’

‘For the seventh meal.’—If the man has not eaten for three days he may appropriate another’s property for his morning meal on the fourth day. Two meals a day have been laid down in such texts as—‘one shall eat in the morning and in the evening.’

‘Or from any place.’—Even out of the garden and such places.

‘He should confess it’—but ‘to the questioner’ only;—‘if he questions him,’—i.e., he should not send for him and force the owner to question him.

Or the ‘questioner’ may stand for the owner of the property, and ‘if he questions him’ for the king; the king questioning him when he is taken before him (and charged with having taken away the property). In this manner we may distinguish between the two terms ‘pṛcchate’ and ‘pṛcchati.’ Says Gautama (18. 30)—‘Questioned by the king he should confess it’

What is said here should be understood to apply to both cases—want of food, and shortage of sacrificial requisites.—(16-17)

 

Explanatory notes by Ganganath Jha

(verse 11.16)

This verse is quoted in Mitākṣarā (2. 275), where Bālambhaṭṭī has the following notes:—‘Bhakta’ is food; ‘saptame bhakte,’ on the fourth day;—‘aśvastanavidhānena,’ in such a way that there may be nothing left over for the second day;—‘hīnakarmaṇaḥ,’ from a man whose religious acts are very poor.—It is quoted again under (2.43), whíere the meaning is explained as that ‘if, in the absence of food, a man has gone without food for three days, he should wrest from a man deficient in religious acts just enough for one day.’

It is quoted in Aparārka (p. 938), which explains the meaning as—‘if a man has gone without food for six meals, then at the time of his seventh meal, he should take by force just enough for the day from a man of lower caste and also from one who is deficient in religious acts.’

It is quoted in Smṛtitattva II (p. 352), to the effect that if a man has gone without six meals, he may steal food; and notes that this sanction implies that one may even perform the Vaiśvadeva rites with such stolen food.

(verse 11.17)

This verse is quoted in Mitākṣarā (2.43), to the effect that if, under circumstances mentioned in the preceding verse, one has stolen food, he should confess if asked;—and in Aparārka (p. 938), to the effect that the food spoken of in the preceding verse, may be taken from the threshing-yard and other places.

 

Comparative notes by various authors

(verse 11.16)

Mahābhārata (12.165.21).—(Same as Manu.)

Gautama (18.28-29).—‘And when he has not eaten at the time of six meals, he may take, at the time of the seventh meal as much as will sustain life, not so much as would enable him to make a hoard,—even from men who do not neglect their duties.’

Yājñavalkya (3.42).—‘Having gone hungry for three days, he may take grains from a non-Brāhmaṇa; but on being accused of it, be should state the truth.’

(verse 11.17)

Mahābhārata (12.165.12).—(Same as Manu.)

Yājñavalkya (3.42).—(See above under XVI.)

Gautama (18.30).—‘If he is questioned about it, he shall confess it.’