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Medhātithi’s commentary (manubhāṣya):

This same idea is made clear in the next verse.

Explanatory notes by Ganganath Jha:

This verse is quoted in Smṛticandrikā (Vyavahāra, p. 199); — in Kṛtyakalpataru (33b), — and in Vīramitrodaya (Vyavahāra, 53b).

Comparative notes by various authors:

(verses 8.79-86)

See Comparative notes for Verse 8.79.

VERSE 8.85

Section XII - Exhortation and Examination of Witnesses

मन्यन्ते वै पापकृतो न कश्चित् पश्यतीति नः ।
तांस्तु देवाः प्रपश्यन्ति स्वस्यैवान्तरपूरुषः ॥८५॥

manyante vai pāpakṛto na kaścit paśyatīti naḥ |
tāṃstu devāḥ prapaśyanti svasyaivāntarapūruṣaḥ ||85||

‘The sinners indeed think that “no one sees us”; but the gods see them, as also their own inner personality.’ — (85)

Medhātithi’s commentary (manubhāṣya):

The particle ‘na’ is misplaced.

‘Sinners’ — perjurors and others — ‘think’ — feel — that ‘no one sees us’; — the particle ‘iti’ shows that the whole clause is the object (of the verb ‘think’); — the construction of the clause being ‘na naḥ kaścit paśyati.’

‘The gods’ — named in the next verse — ‘see them’; as also their own sinner soul. This is what is meant by the assertion that ‘the soul is the soul’s witness.’

“But who is it that commits the sin? And who apart from him is the one that sees? In fact it is the soul itself that does all that is good or evil, and certainly there is no other ‘inner personality’ that sees it.”

True; but the same soul has been represented as a ‘god,’ and as such spoken of as the doer of the act (of seeing); and this has been done for the purpose of preventing the man from telling a lie, the sense of the exhortation thus is —

‘You know that the real nature of your true personality is divine, which is within the body, while your exterior body is not your soul; — hence, for the nourishing of this latter, do not commit a single act; — hence too do not disregard or despise your soul, the best witness of man. Other witnesses give evidence only in this world, while the soul hears evidence even after death; hence one should be afraid of such a witness.’

The liar may be led to think — ‘when I am born again with another soul, what will my present soul, which is the seer, be able to do to me?’ But this is not so; since ‘the soul is the soul’s refuge’ (verse 84). Apart from his soul, there is no refuge for man; and there are not two souls for a single man.

Others hold that the difference is that the soul spoken of as the ‘witness’ is the supreme one, while the souls born in the persons of the world are those that are under his sway. — (85)

Explanatory notes by Ganganath Jha:

This verse is quoted in Smṛticandrikā (Vyavahāra, p. 199); — in Kṛtyakalpataru (33b), — and in Vīramitrodaya (Vyavahāra, p. 53b).

Comparative notes by various authors:

(verses 8.79-86)

See Comparative notes for Verse 8.79.

VERSE 8.86

Section XII - Exhortation and Examination of Witnesses

द्यौर्भूमिरापो हृदयं चन्द्रार्काग्नियमानिलाः ।
रात्रिः सन्ध्ये च धर्मश्च वृत्तज्ञाः सर्वदेहिनाम् ॥८६॥

dyaurbhūmirāpo hṛdayaṃ candrārkāgniyamānilāḥ |
rātriḥ sandhye ca dharmaśca vṛttajñāḥ sarvadehinām ||86||

‘Heaven, earth, water, heart, moon, sun, fire, death-god, wind, night, the two twilights, and morality know the conduct of all corporeal beings.’ — (86)

Medhātithi’s commentary (manubhāṣya):

The question ending as to who are the gods that see the sin committed secretly and in private, the text puts forward present verse.

The term ‘heart’ stands for the subtle spirit located in the heart. The Heaven and the rest are spoken of as ‘seers’ figuratively; — though they are insentient, they are represented as sentient. According to other philosophical systems, all the great elemental substances are portions of gods, and as such actually sentient; e.g., it is described that the earth went to Brahmā, in order to seek for help in relieving her of the burden of sinners.

The gods being all-pervading, there is nothing unknown to them; hence they know the conduct and character, as also the good and bad points in the body of the soul. — (86)

Explanatory notes by Ganganath Jha:

This verse is quoted in Smṛticandrikā (Vyavahāra, p. 200); — in Kṛtyakalpataru (33b), — and in Vīramitrodaya (Vyavahāra, p. 53b).

Comparative notes by various authors:

(verses 8.79-86)

See Comparative notes for Verse 8.79.

VERSE 8.87

Section XII - Exhortation and Examination of Witnesses

देवब्राह्मणसांनिध्ये साक्ष्यं पृच्छेद् ऋतं द्विजान् ।
उदङ्मुखान् प्राङ्मुखान् वा पूर्वाह्णे वै शुचिः शुचीन् ॥८७॥

devabrāhmaṇasāṃnidhye sākṣyaṃ pṛcched ṛtaṃ dvijān |
udaṅmukhān prāṅmukhān vā pūrvāhṇe vai śuciḥ śucīn ||87||

In the presence of gods and Brāhmaṇas, during forenoon, the judge, pure himself, shall ask the twice-born persons, who have been purified and are facing either the north or the east, to give evidence. — (87)

Medhātithi’s commentary (manubhāṣya):

‘Gods’ — Durgā, Sūrya and the rest, set up in the form of images.

‘Purified,’ — i.e., who have performed the rites of bathing, mouth-rinsing and so forth.

‘Pure,’ — the judge himself should have purified himself in the same way.

‘Truth,’ — this is a mere re-iteration of what is already implied; and it servos the purpose of filling up the metre. — (87)

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 673); — in Parāśaramādhava (Vyavahāra, p. 78); — in Vyvahāramayūkha (p. 18); — in Vyavahāratattva (p. 32); — in Smṛticandrikā (Vyavahāra, p. 203); — and in Kṛtyakalpataru (33b).

Comparative notes by various authors:

Āpastamba (2.29.7). — (See under 79.)

Viṣṇu (8.19). — ‘Let the Judge summon the witnesses at the time of sunrise, and examine them after having bound them by an oath.’

Nārada (1.198). — ‘After having summoned all the witnesses, and bound them down firmly by oath, the Judge shall examine them separately; they should be men of proved integrity and conversant with the circumstances of the case.’

Bṛhaspati (7.22, 23). — ‘Knowing all this, the witness should give evidence according to truth. After putting off his shoes and his turban, he should stretch out his right hand, and declare the truth, taking in his hands, gold, cowdung or blades of kuśa grass.’

VERSE 8.88

Section XII - Exhortation and Examination of Witnesses

ब्रूहीति ब्राह्मणं पृच्छेत् सत्यं ब्रूहीति पार्थिवम् ।
गोबीजकाञ्चनैर्वैश्यं शूद्रं सर्वैस्तु पातकैः ॥८८॥

brūhīti brāhmaṇaṃ pṛcchet satyaṃ brūhīti pārthivam |
gobījakāñcanairvaiśyaṃ śūdraṃ sarvaistu pātakaiḥ ||88||

He shall question the Brāhmaṇa with the word ‘speak,’ the Kṣatriya with ‘speak out the truth,’ the Vaiśya by sins pertaining to kine, grain and food, and the Śūdra by all the sins. — (88)

Medhātithi’s commentary (manubhāṣya):

“On what basis do we have the instrumental ending in gobījakāñcanaiḥ? If it be said to be due to these being instruments in the act of questioning, that cannot be; as it is the word (and not the kine, etc.) that are the instruments, a means of questioning.”

There is no force in this objection. We have to construe the words in such a manner as to make the ‘kine,’ etc., instruments of the questioning. The word ‘pātakaiḥ,’ ‘sins’ has got to be construed both ways, so that we have the phrase ‘gobījakāñcunaiḥ pātakaiḥ,’ which gives the meaning that ‘he should ask them by mentioning sins pertaining to the kine, grains and gold,’ i.e., the form of the question to be employed should he — ‘if you tell a lie, you would he incurring the same sin that follows from stealing or killing the cow.’

Similarly, by mentioning the sins going to be enumerated (in the next verse), he should question the Śūdra. The term ‘sin’ here should he taken as standing for words expressing sins; because the sins themselves could not be the means or instrument of the questioning, as pointed out above. — (88)

Explanatory notes by Ganganath Jha:

‘Gobījakañcanaiḥ’ — ‘Threatening him with the guilt of all offences committed against kine and the rest’ (Medhātithi) ‘with the guilt of the theft of kine etc.’ (Govindarāja, Kullūka and Rāghavānanda); — ‘with the loss of his kine etc.’ (Nārāyaṇa); — ‘by making him touch the cow and other things’ (Nandana).

This verse is quoted in Aparārka (p. 674); — and in Parāśaramādhava (Vyavahāra, p. 78), where however the first half is read as “sasyena śāpayedvi??aṃ kṣanniyaṃ vāhanāyudhaiḥ”; — in Smṛtitattva (II, p. 215), which adds: — The Vaiśya is to be admonished with the words: — ‘those sins would accrue to you which are involved in stealing the cow etc. if you tell a lie and the Śūdra with the words — ‘all kinds of sins would fall on you etc. etc.’; — in Smṛticandrikā (Vyavahāra, p. 204); — and in Kṛtyakalpataru (33b).

Comparative notes by various authors:

Viṣṇu (8.20-23). — ‘The Brāhmaṇa witness, the Judge shall exhort to declare, — the Kṣatriya, to declare the truth: — the Vaiśya he shall address thus: — ‘Thy kine and gold shall yield thee no fruit”; — the Śūdra he should address thus: — “Thou shalt have to atone for all heavy crimes.”’

Nārada (1.198). — ‘He shall cause the Brāhmaṇa to swear by truth, the Kṣatriya by his conveyances and weapons, the Vaiśya by his cows, grain or gold; and the Śūdra by all sorts of crimes.’

VERSE 8.89

Section XII - Exhortation and Examination of Witnesses

ब्रह्मघ्नो ये स्मृता लोका ये च स्त्रीबालघातिनः ।
मित्रद्रुहः कृतघ्नस्य ते ते स्युर्ब्रुवतो मृषा ॥८९॥

brahmaghno ye smṛtā lokā ye ca strībālaghātinaḥ |
mitradruhaḥ kṛtaghnasya te te syurbruvato mṛṣā ||89||

‘Whatever regions have been assigned to the slayer of the Brāhmaṇa, to the murderer of women and children, to the betrayer of friends and to the ingrate, — those same shall be thine if thou speakest falsely.’ — (89)

Medhātithi’s commentary (manubhāṣya):

‘Those regions, in the shape of hell and the rest, which are reached by those persons who have killed a Brāhmaṇa, shall he yours, if you tell the untruth; therefore you should tell the truth,’ — such is the exhortation.

‘The betrayer of friends’ — he who ruins the Brāhamaṇa and others by depriving them of their wife and property.

‘The ingrate’: ho who forgets the benefits conferred upon him, and causes injury to that same person who had conferred those on him; and the perjuror suffers the same pains that befall such a person. — (89)

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Vyavahāra, p. 78); — in Smṛtitattva (II, p. 215); — in Smṛticandrikā (Vyavahāra, p. 204); — and in Kṛtyakalpataru (35a).

Comparative notes by various authors:

(verses 8.89-97)

[See the texts under 79 et seq.]

VERSE 8.90

Section XII - Exhortation and Examination of Witnesses

जन्मप्रभृति यत् किं चित् पुण्यं भद्र त्वया कृतम् ।
तत् ते सर्वं शुनो गच्छेद् यदि ब्रूयास्त्वमन्यथा ॥९०॥

janmaprabhṛti yat kiṃ cit puṇyaṃ bhadra tvayā kṛtam |
tat te sarvaṃ śuno gacched yadi brūyāstvamanyathā ||90||

‘Whatever merit, good man, you may have acquired since your birth, would go to the dogs, if you speak falsely.’ — (90)

Medhātithi’s commentary (manubhāṣya):

‘Would go to the dogs’ — would be futile, so far as you are concerned. Others however explain that ‘going to the dogs’ is indicative of positive harm; the sense being — ‘the merit of the man becomes thrown away, in the same manner in which a man, having earned, with great difficulty, gold and other excellent treasures, were to throw it all into an unclean stream’: it has been pointed out more than once that the merit acquired by one person cannot go over to another. — (90)

Explanatory notes by Ganganath Jha:

Cf. 3.230 and 11.122.

This verse is quoted in Aparārka (p. 674); — in Parāśaramādhava (Vyavahāra, p. 78); — in Smṛticandrikā (Vyavahāra, p. 204); — and in Kṛtyakalpataru (35a).

Comparative notes by various authors:

(verses 8.89-97)

[See the texts under 79 et seq.]

VERSE 8.91

Section XII - Exhortation and Examination of Witnesses

एकोऽहमस्मीत्यात्मानं यस्त्वं कल्याण मन्यसे ।
नित्यं स्थितस्ते हृद्येष पुण्यपापैक्षिता मुनिः ॥९१॥

eko'hamasmītyātmānaṃ yastvaṃ kalyāṇa manyase |
nityaṃ sthitaste hṛdyeṣa puṇyapāpaikṣitā muniḥ ||91||

‘You think yourself, blessed man, that “I am alone”; but there ever sits in your heart the silent watcher of virtue and vice.’ — (91)

Medhātithi’s commentary (manubhāṣya):

‘Watcher’ — seer — ‘of virtue and vice — ‘mauni’ — silent. — (91)

Explanatory notes by Ganganath Jha:

Cf. The Mahābhārata 1.74.28.

This verse is quoted in Aparārka (p. 674); — and in Smṛticandrikā (Vyavahāra, p. 204).

Comparative notes by various authors:

(verses 8.89-97)

[See the texts under 79 et seq.]

VERSE 8.92

Section XII - Exhortation and Examination of Witnesses

यमो वैवस्वतो देवो यस्तवैष हृदि स्थितः ।
तेन चेदविवादस्ते मा गङ्गां मा कुरून् गमः ॥९२॥

yamo vaivasvato devo yastavaiṣa hṛdi sthitaḥ |
tena cedavivādaste mā gaṅgāṃ mā kurūn gamaḥ ||92||

‘The, god Yama, the son of Vivasvat, who sits in your heart, — if you have no quarrel with him, you need not visit the Gaṅgā, nor the Kurus. — (92)

Medhātithi’s commentary (manubhāṣya):

With a view to strike terror in the heart of the man, it is next described who is the ‘silent watcher’ (mentioned in the preceding verse).

You have heard of the God, who is the destroyer of the body and property and other things belonging to all living beings, and who punishes them with torments; that God resides in your heart, and not away from you; in the event of committing a wrong, he will punish you immediately; — and do not think that being your own sold, ho will ignore your fault; because no one is his ‘own.’

‘If you have no quarrel with him’ — if he is satisfied with you and trusts you, then what would be the need for your going to bathe in the Gaṅgā for the cleansing of your sins? What too would be the need for going to Kurukṣetra? For the reward of going to these places consists in the destruction of sins and acquiring of merit; and all this is obtained by the man here and now, if he is at pence with the Supreme Self (within him). As a matter of fact, the soul of a sinner is never free from fear; the unbeliever also has doubts regarding what is going to happen to him at death.

The Gaṅgā is a river that purifies: and in ‘Kurukṣetra’ it is the land itself that purities. — (92)

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 674); — and in Smṛticandrikā (Vyavahāra, p. 204), which explains ‘Kūrun’ as ‘Kurukṣetra.’

Comparative notes by various authors:

(verses 8.89-97)

[See the texts under 79 et seq.]

VERSE 8.93

Section XII - Exhortation and Examination of Witnesses

नग्नो मुण्डः कपालेन च भिक्षार्थी क्षुत्पिपासितः ।
अन्धः शत्रुकुलं गच्छेद् यः साक्ष्यमनृतं वदेत् ॥९३॥

nagno muṇḍaḥ kapālena ca bhikṣārthī kṣutpipāsitaḥ |
andhaḥ śatrukulaṃ gacched yaḥ sākṣyamanṛtaṃ vadet ||93||

‘He who gives false evidence shall go for alms, with a potsherd, to the house of his enemy, — naked and shorn, tormented with hunger and thirst, and blind.’ — (93)

Medhātithi’s commentary (manubhāṣya):

‘Potsherd’ — a piece of the cup or some other earthenware pot. The rest is easily intelligible. — (93)

Explanatory notes by Ganganath Jha:

Hopkins remarks that ‘gṛham’ is the reading of Medhātithi (for ‘Kulam’). But there is nothing in the Bhāṣya to show this.

This verse is quoted in Aparārka (p. 674); — in Smṛticandrikā (Vyavahāra, p. 204); — and in Kṛtyakalpataru (35a).

Comparative notes by various authors:

(verses 8.89-97)

[See the texts under 79 et seq.]

VERSE 8.94

Section XII - Exhortation and Examination of Witnesses

अवाक्षिरास्तमस्यन्धे किल्बिषी नरकं व्रजेत् ।
यः प्रश्नं वितथं ब्रूयात् पृष्टः सन् धर्मनिश्चये ॥९४॥

avākṣirāstamasyandhe kilbiṣī narakaṃ vrajet |
yaḥ praśnaṃ vitathaṃ brūyāt pṛṣṭaḥ san dharmaniścaye ||94||

‘Headlong, in blind darkness shall the sinner fall into hell, who, on being interrogated in the course of a judicial investigation, answers the question falsely. — (94)

Medhātithi’s commentary (manubhāṣya):

On being questioned regarding the subject-matter of the investigation, if one should state what is not true, — by that sin he falls into ‘hell’ — the place of punishment — with his feet held upwards and the head hanging below — into intense darkness. In ordinary darkness, people can see something, but in the darkness referred to, nothing can be seen; hence the epithet ‘blind.’ — (94)

Explanatory notes by Ganganath Jha:

This verse is quoted in Kṛtyakalpataru (35a); — in Aparārka (p. 674); — and in Smṛticandrikā (Vyavahāra, p. 204).

Comparative notes by various authors:

(verses 8.89-97)

[See the texts under 79 et seq.]

VERSE 8.95

Section XII - Exhortation and Examination of Witnesses

अन्धो मत्स्यानिवाश्नाति स नरः कण्टकैः सह ।
यो भाषतेऽर्थवैकल्यमप्रत्यक्षं सभां गतः ॥९५॥

andho matsyānivāśnāti sa naraḥ kaṇṭakaiḥ saha |
yo bhāṣate'rthavaikalyamapratyakṣaṃ sabhāṃ gataḥ ||95||

‘He who, having entered the court, bears testimony to what is contrary to facts and what he has not seen, swallows fish along with the bones, — just like a blind man.’ — (95)

Medhātithi’s commentary (manubhāṣya):

The pleasure produced by the eating of the fish is not equal to the pain caused by the swallowing of the bones; similarly, there is a slight pleasure produced by the little money that is received (as bribe), but the subsequent suffering is very great; it is on this basis that the analogy of fish-eating has been cited. — (95)

Explanatory notes by Ganganath Jha:

This verse is quoted in Smṛticandrikā (Vyavahāra, p. 205), whiqḥ says that according to some

people, this and the preceding two verses are to be addressed to witnesses of the lower order only; hence in ordinary cases, after ‘kurūn gamaḥ’, the exhortation should begin with ‘yāvato bāndhavān &c.’ (verse 97); — these exhortations are to be addressed to Śūdras and to poverty-stricken twice-born persons also; — and in Kṛtyakalpataru (35b).

Comparative notes by various authors:

(verses 8.89-97)

[See the texts under 79 et seq.]

VERSE 8.96

Section XII - Exhortation and Examination of Witnesses

यस्य विद्वान् हि वदतः क्षेत्रज्ञो नाभिशङ्कते ।
तस्मान्न देवाः श्रेयांसं लोकेऽन्यं पुरुषं विदुः ॥९६॥

yasya vidvān hi vadataḥ kṣetrajño nābhiśaṅkate |
tasmānna devāḥ śreyāṃsaṃ loke'nyaṃ puruṣaṃ viduḥ ||96||

‘The gods do not regard any person in this world as superior to him, whom his knowing soul does not distrust, while he is speaking.’ — (96)

Medhātithi’s commentary (manubhāṣya):

‘While he is speaking’ — while the witness is giving evidence.

‘Knowing,’ — cognisant of what is true and what is not true.

‘Soul’ — the Inner Guide.

‘Does not distrust,’ — has no doubt as to whether the man will tell the truth or not; is sure that ho will tell the truth.

He whose innermost soul is so confident, — to such a person the gods regard no one as ‘superior’ — more praiseworthy.

“Who is the speaker, and who, apart from him, is the distruster? In fact, the soul is one only; when he, through his effort, utters speech, he becomes the speaker; and the same entity that comes to have ‘distrust,’ when he is faced by doubts regarding what and how tilings are going to happen; so that there cun be no difference between the two.”

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