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Medhātithi’s commentary (manubhāṣya):

If the guilty person is a good man and has committed a slight offence, and for the first time, then he is only reprimanded: ‘you have not acted well, do not do it again.’

If, on being thus reprimanded, the man does not desist, or goes on to say ‘what is there wrong in this?’ — then he is rebuked with such harsh reproachful words as ‘fie,’ ‘shame’ and so forth.

If he does not desist even when thus rebuked, he should be punished with fine, in accordance with the Law.

If he does not mind the fine either through folly or pride of wealth, — then he should be killed. This ‘death-penalty’ consists in the cutting off of certain limbs, etc., and not necessarily in actually killing the man; as is clear from what follows in the next verse. — (129)

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (1.366), which, in quoting it, transposes, ‘vāgdaṇḍam’ and ‘dhigdaṇḍam,’ — such reading is more in keeping with Yājñvalkya’s text (1.356), — and it explains ‘dhigdaṇḍa’ as addressing such terms as ‘fie upon thee,’ — and ‘vāgdaṇḍa’ as ‘pronouncing a terrible curse

It is quoted in Parāśaramādhava (Vyavahāra, p. 156); as laying down the order of sequence among the various forms of punishment; it explains vāgdaṇḍa as pronouncing a terrible curse (reproducing the exact words of Mitākṣarā) and ‘dhigdaṇḍa’ as ‘chiding with such words as fie and the like.’

It is quoted in Vivādaratnākara (p. 630), which adds the following notes: — ‘vāgdaṇḍa’, ‘thou hast not done right,’ — ‘dhigdaṇḍa’, ‘fie upon thee, damned sinner.’

It is quoted in Vīramitrodaya (Rājanīti, p. 273), which adds the following notes: — The first two forms of punishment are meant for light offences; ‘vadhadaṇḍa’ means corporal punishment, which has to be inflicted upon all except the Brāhmaṇas.

Comparative notes by various authors:

(verses 8.129-130)

Yājñavalkya (1.366). — ‘Punishment in the form of Reproach, (2) in the form of Reprimand and (3) in the form of Fine, — shall be inflicted either severally or collectively, in accordance with the nature of the offence.’

Bṛhaspati (27.4-5). — (See under 120.)

VERSE 8.130

Section XXII - Considerations regarding Punishments

वधेनापि यदा त्वेतान्निग्रहीतुं न शक्नुयात् ।
तदेषु सर्वमप्येतत् प्रयुञ्जीत चतुष्टयम् ॥१३०॥

vadhenāpi yadā tvetānnigrahītuṃ na śaknuyāt |
tadeṣu sarvamapyetat prayuñjīta catuṣṭayam ||130||

When however he is not able to restrain them even by the ‘death-penalty,’ — then he should inflict on them all these four. — (130)

Medhātithi’s commentary (manubhāṣya):

If actual killing were meant by ‘death-penalty,’ then what would be there that could not be done by it? How too would the penalty not restrain a crime?

On persons not resuming good behaviour after being rebuked, ‘ — fine’ and the ‘death-penalty,’ i. e., corporal punishment, should be conjointly inflicted. If, even after corporal punishment, the man does not desist, the king shall not ignore him, — under the impression that he has already inflicted the legal punishment, — but he shall inflict actual ‘death-penalty.’

The present verse has been added with a view to indicate that the matter of fines and death-penalty is going to be taken up again later on.

As regards verbal punishment, it being too gentle, who would mind it? If the man has been punished with a fine, and even then does not desist, the ‘death-penalty’ shall be inflicted in the form of the cutting off of the fingers and so forth, as described below under 9.277. — (130)

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 630), which explains vadhena as ‘beating;’ — and in Vyavahāra Bālambhaṭṭī (p. 111).

Comparative notes by various authors:

(verses 8.129-130)

See Comparative notes for Verse 8.129.

VERSE 8.131 [Measures]

Section XXIII - Measures

लोकसंव्यवहारार्थं याः सञ्ज्ञाः प्रथिता भुवि ।
ताम्ररूप्यसुवर्णानां ताः प्रवक्ष्याम्यशेषतः ॥१३१॥

lokasaṃvyavahārārthaṃ yāḥ sañjñāḥ prathitā bhuvi |
tāmrarūpyasuvarṇānāṃ tāḥ pravakṣyāmyaśeṣataḥ ||131||

I am going to describe fully, for the sake of business-transactions, those technical terms that are used in the world in connection with silver and gold. — (131)

Medhātithi’s commentary (manubhāṣya):

Objection. — “Such terms as ‘likṣā’ (Louse-egg) and the rest, pertaining to copper and other metals are already well known in the world; what is the use of propounding a scriptural definition? They could he learnt from the usage of experienced men, just as the exact denotation of such words as ‘cow’ and the like is learnt.”

It is in view of this objection that the author has added the phrase ‘for the sake of business-transactions’; ‘sake’ here denotes sphere; hence the meaning is that what is adopted as the basis here is usage in actual business (and not ordinary usage).

“In that case, standing on the same footing as such words as ‘cow’ and the like, they would he learnt from actual business-usage; what is the use of setting forth a scriptural injunction?”

The answer to this is that the Injunction is put forth for the purposes of restriction. There being several other such terms in use in connection with iron, bell-metal, gold and other metals, it is with a view to preclude these that the author has laid down the present injunction; as also for precluding the difference in the measures, which is met with in certain localities. For instance, in some localities, a pala is regarded as made of 40 māṣas, while in others of 64, and in others again of 108, and so forth. And all this diversity is precluded and one definite measure is laid down here.

The verse is to be construed as follows — ‘these terms that are used in the world, I am going to describe for the sake of business-transactions,’ — so that the business-transactions of all men may be carried on with the help of those same technical terms; and incidentally the rules relating to these also would become clearer. — (131)

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Vyavahāra, p. 115); — in Vivādaratnākara (p. 665), which explains the construction as ‘those that are generally used, these I am going to describe, explain, for the purpose of transactions among men’; — in Hemādri (Vrata, p. 53); — and in Nṛsiṃhaprasāda (Dāna, p. 4a).

Comparative notes by various authors:

(verses 8.131-137)

Viṣṇu (4.1-13). —

‘The dust-mote discernible in the sunbeam passing through a lattice is called Trasareṇu; —

three Trasareṇus make one nit;

3 nits make 1 Black mustard-seed.

3 Black mustard seeds make 1 white mustard seed.

6 white mustard seeds make 1 Barley-corn.

3 Barley-corns make 1 Kṛṣṇala.

5 Kṛṣṇalas make 1 Māṣa.

12 Māṣas make ½ Akṣa.

½ Akṣa plus 4 Māṣas make 1 Suvarṇa.

4 Suvarṇas make 1 Niṣka.

2 Kṛṣṇalas make 1 Silver Māṣaka.

16 Silver-Māṣakas make 1 Dharaṇa of silver.

1 Karṣa or 80 Raktikas of copper make 1 Kārṣāpaṇa.

250 Copper Paṇas make the first or lowest amercement.

500 Copper Paṇas make the middlemost amercement.

1,000 Copper Paṇas make the Highest amercement.

Yājñavalkya (1.361-364). —

‘One Dust-mote in the Sun’s beam makes 1 Trasareṇu,

8 Trasareṇus make 1 Likṣā,

3 Likṣās make 1 Rājasarṣapa (black mustard seed),

3 Black mustard seed make 1 White mustard seed,

6 White mustard seeds make 1 Barley-corn,

3 Barley-corns make 1 Kṛṣṇala,

5 Kṛṣṇalas make 1 Māṣa,

16 Māṣas make 1 Suvarṇa,

4 or 5 Suvarṇas make 1 Pala,

2 Kṛṣṇalas make 1 Māṣa (silver),

16 Māṣas (silver) make 1 Dharaṇa,

10 Dharaṇas make 1 Śatamāna or Pala (silver),

4 Suvarṇas make 1 Niṣka,

Copper, ¼ Pala (gold) in weight make 1 Paṇa (copper),

1080 Paṇas make the highest amercement,

540 Paṇas make the middlemost amercement,

270 Paṇas make the lowest amercement.’

Nārada (Punishments, 57 et seq.). — ‘Kārṣāpaṇa is a silver-coin in the Southern country; in the East it is equal to 20 Paṇas; — a Māṣa is the twentieth part of a Kārṣāpaṇa; — a Kākanī is the fourth part of a Māṣa or Pala; — a Kārṣāpaṇa is equal to an Aṇḍikā; four Aṇḍikās make one Dhānaka; twelve Dhānakas make one Suvarṇa, otherwise called Dīnāra.’

Arthaśāstra (p. 256). —

‘10 Dhānya-māṣaka or 5 Guñjās = 1 Suvarṇa-māṣaka.

16 Suvarṇa-māṣakas = 1 Suvarṇa or 1 Karṣa.

4 Karṣas = 1 Pala.

80 white mustard seeds = 1 Māṣaka (silver).

16 Māṣaka (silver) or 20 Śambya berries = 1 Dharaṇa.

20 Rice-grains = 1 Dharaṇa (Diamond).

The weights are — ½ Māṣaka, 1 Māṣaka, 2 Māṣakas, 4 Māṣakas, 8 Māṣakas, Suvarṇa, 2 Suvarṇas, 4 Suvarṇas, 8 Suvarṇas, 10 Suvarṇas, 20 Suvarṇas, 30 Suvarṇas, 40 Suvarṇas, 100 Suvarṇas.’

Bṛhaspati (Parāśaramādhava-Vyavahāra, p. 116). — ‘Copper 1 Karṣa in weight makes the coin called Paṇa, also called Candrikā; — 4 Paṇas make one Dhānaka; — 12 Dhānakas make one Suvarṇa, also called Dīnāra

Vyāsa (Do. p. 117). — ‘Eight Palas make 1 Suvarṇa; — 14 Suvarṇas make one Niṣka.

VERSE 8.132

Section XXIII - Measures

जालान्तरगते भानौ यत् सूक्ष्मं दृश्यते रजः ।
प्रथमं तत् प्रमाणानां त्रसरेणुं प्रचक्षते ॥१३२॥

jālāntaragate bhānau yat sūkṣmaṃ dṛśyate rajaḥ |
prathamaṃ tat pramāṇānāṃ trasareṇuṃ pracakṣate ||132||

The small mote that is seen when the sun shines through a lattice-hole they declare to be the ‘triad,’ the very first of measures. — (132)

Medhātithi’s commentary (manubhāṣya):

Some people do not read this verse as part of the text, on the ground that there is no difference of opinion regarding the ‘Triad.’

When the sun shines through a window-hole or lattice, we see a particle of dust; it is this that is called ‘Triad.’

‘Antara’ means hole.

‘This is the very first of measures’ — (132)

Explanatory notes by Ganganath Jha:

The ‘Trasareṇu’, Triad,’ consists of three diads, each ‘diad’ consisting of two ‘aṇus’ or atoms.

This verse is quoted in Parāśaramādhava (Vyavahāra, p. 115); — in Vivādaratnākara (p. 665); — in Smṛtitattva (II, p. 580); in Hemādri (Vrata, p. 53); — and in Nṛsiṃhaprasāda (Dāna, p. 4a).

Comparative notes by various authors:

(verses 8.131-137)

See Comparative notes for Verse 8.131.

VERSE 8.133

Section XXIII - Measures

त्रसरेणवोऽष्टौ विज्ञेया लिक्षैका परिमाणतः ।
ता राजसर्षपस्तिस्रस्ते त्रयो गौरसर्षपः ॥१३३॥

trasareṇavo'ṣṭau vijñeyā likṣaikā parimāṇataḥ |
tā rājasarṣapastisraste trayo gaurasarṣapaḥ ||133||

Eight Triads should be known as one ‘Louse-egg’ in measure; three of these as one ‘Black Mustard’; and three of these latter as a ‘White Mustard.’ — (133)

Medhātithi’s commentary (manubhāṣya):

The gradually ascending measures are now described.

The term ‘likṣā,’ ‘louse’ does not stand for the sweat-born insect, when it is said that ‘three Louse-eggs make one Black Mustard’; what is meant is that the three of the measures known as the ‘Louse-egg’ make one of that particular measure which is known as ‘Black Mustard.’ This meets those objectors who argue that the ‘barley-grain,’ etc., that we see are not found to be exactly of the same size as those described here. Because the measure here described is not of the barley and other grains; what is meant is that these terms constitute the names of those particular measures. The subject has been introduced also with the words — ‘I am going to describe the measures.’

The ‘Triad’ is an object whose measure is fixed; and through this Triad all the other measures are to be determined. Clever men are capable of forming compounds of ‘Triads’; so that the text has not put forward anything impossible or unknown. What is here described becomes clear by referring to the opinions and ideas current among goldsmiths. In fact the details of the subject can be ascertained only by referring to them. — (133)

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 666); — in Parāśaramādhava (Vyavahāra, p. 115); — in Hemādri (Vrata, p. 53); — and in Nṛsiṃhaprasāda (Dāna 4a).

Comparative notes by various authors:

(verses 8.131-137)

See Comparative notes for Verse 8.131.

VERSE 8.134

Section XXIII - Measures

सर्षपाः षड् यवो मध्यस्त्रियवं त्वेककृष्णलम् ।
पञ्चकृष्णलको माषस्ते सुवर्णस्तु षोडश ॥१३४॥

sarṣapāḥ ṣaḍ yavo madhyastriyavaṃ tvekakṛṣṇalam |
pañcakṛṣṇalako māṣaste suvarṇastu ṣoḍaśa ||134||

Six ‘mustards’ make one middling ‘barley-corn’; three of these make one ‘guñjā-berry’; a ‘bean’ is made of five ‘guñja-berries;’ and sixteen ‘beans’ make one ‘gold-piece.’ — (131)

Medhātithi’s commentary (manubhāṣya):

“The term ‘middling’ is likely to lead to mistakes. If the names here put forward are meant to be denotative of the size of the objects named, then the addition of the epithet ‘middling’ has some meaning, — the sense being that the size of the ‘Mustard’ here meant is that of a mustard grain which is neither too large nor too small. If, on the other hand, the terms are put forward as mere technical names, then there can be no sense in the term ‘middling,’ — the term ‘barleycorn’ being a mere technical name (standing for the grain).”

This is not right. This is not a prose-treatise, that we should seek for the justification of every expression used; it is a metrical treatise, and as such sometimes even irrelevant expressions are introduced for the purpose of filling up the metre. As a matter of fact, however, there is some relevancy in the present case; if it were something wholly irrelevant it would interfere with the comprehension of the sentence as a whole, and would thereby vitiate its authority. But there is nothing irrelevant here; the fact is that the ‘barley-corn’ being mentioned in the middle of the entire table of measures — beginning with the ‘Triad’ and ending with the ‘Śatamūna,’ — the epithet ‘middling’ has been added to it in the sense that the particular measure known as the ‘barleycorn’ occurs in the middle of the whole table of measures.

The term ‘pañcakṛṣṇalika’ is formed with the ‘ṭhin’ affix, the sense being ‘that which is made up of five ‘Kṛṣṇalas.’ If the reading is ‘pañcakṛṣṇalika,’ it should be treated as a Bahuvrīhi compound, ending with the ‘kap’ affix.

Sixteen of these ‘guñjā-berries’ make one ‘gold-piece.’ — (134)

Explanatory notes by Ganganath Jha:

The Kṛṣṇala is the same as the Raktikā (Vern. Ratti), equivalent to 122 grammes or 1.875 grains.

“The tines in court were reckoned as so many paṇas, one paṇa being the same as a karṣa = 16 Māṣa = 80 Kṛṣṇala. Some of the weights mentioned are, confined to gold — Suvarṇa and Niṣka; some to silver — Purāṇa and Śatamāna; and some are used for both — kṛṣṇala, paṇa māṣa, pala, dharaṇa, the last at times of copper.” — Hopkins.

This verse is quoted in Vivādaratnākara (p. 666) which explains ‘madhyaḥ’ as ‘neither large nor small’; — and in Parāśaramādhava (Vyavahāra, p. 115), which adds that the name ‘māṣa’ is applied to the sixteenth part of the ‘suvarṇa’, and ‘kṛṣṇala’ to the third part of the ‘kaṛsa’, which latter is the fifth part of the ‘māṣa’. It remarks that ‘karṣa’ is one of the names of silver.

It is quoted in Hemādri (Vrata, p. 53); — and in Nṛsiṃhaprasāda (Dāna, 4a).

Comparative notes by various authors:

(verses 8.131-137)

See Comparative notes for Verse 8.131.

VERSE 8.135

Section XXIII - Measures

पलं सुवर्णाश्चत्वारः पलानि धरणं दश ।
द्वे कृष्णले समधृते विज्ञेयो रौप्यमाषकः ॥१३५॥

palaṃ suvarṇāścatvāraḥ palāni dharaṇaṃ daśa |
dve kṛṣṇale samadhṛte vijñeyo raupyamāṣakaḥ ||135||

Four ‘gold-pieces’ make one ‘pala,’ ten palas one ‘dharaṇa’; and two ‘guñja-berries’ of equal weight should be known as one ‘silver-bean.’ — (135)

Medhātithi’s commentary (manubhāṣya):

‘Pala’ is the name, and ‘gold-piece’ the thing named, ‘four’ is its qualifying adjunct.

‘Two kṛṣṇalas’ is the thing named, and the compound term ‘Silver-Bean’ the name.

“What the text declares is that when we come to ascertain the exact measure of the ‘Bean’ in connection with silver, we have to understand it us being equal to ‘two guñja-berries.’ Now this makes the measure indefinite.”

It is in view of this that the text has added the epithet ‘of equal weight’; i.e., the two are to be held on each pan of the weighing-scale, without any other kinds of measure. The sense of this epithet has to be explained on the same lines as that of the epithet ‘middling’ (in verse 134); and its use lies in the fact that if unequal beans were meant, the weight would remain indefinite. — (135)

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Vyavahāra, p. 115); — in Vivādaratnākara (p. 666), which adds that the construction is ‘daśapalāni dharaṇam’; — in Hemādri (Vrata, p. 58); — and in Nṛsiṃhaprasāda (Dāna, 4a).

Comparative notes by various authors:

(verses 8.131-137)

See Comparative notes for Verse 8.131.

VERSE 8.136

Section XXIII - Measures

ते षोडश स्याद् धरणं पुराणश्चैव राजतः ।
कार्षापणस्तु विज्ञेयस्ताम्रिकः कार्षिकः पणः ॥१३६॥

te ṣoḍaśa syād dharaṇaṃ purāṇaścaiva rājataḥ |
kārṣāpaṇastu vijñeyastāmrikaḥ kārṣikaḥ paṇaḥ ||136||

Sixteen of these latter make one ‘silver-dharaṇa’ or ‘purāṇa’; and a ‘karṣa’ of copper is to be known as ‘kārṣāpaṇa’ or ‘paṇa.’ — (136)

Medhātithi’s commentary (manubhāṣya):

Sixteen ‘Silver-Beans’ make a ‘Silver-Dharaṇa’; of which the other name is ‘Purāṇa.’

‘Kārṣāpaṇa’ and ‘Paṇa’ are the two names of the ‘Copper-karṣa’; the term ‘Karṣa’ is used here in the sense in which it is used among the people, and it is not used in any technical sense, in the way in which ‘Kṛṣṇala’ and other terms have been used. — (136)

Explanatory notes by Ganganath Jha:

“Karṣa = 16 Māṣas = 80 Kṛṣṇalas.” — Buhler.

This verse is quoted in Parāśaramādhava (Vyavahāra, p. 115), which adds that the names ‘purāṇa’ and ‘dharaṇa’ stand for the tenth part of a ‘pala’ of silver; the name, ‘māṣa’ as applied to silver, stands for the fortieth part of the ‘karṣa’.

It is quoted in Vivādaratnākara (p. 666), which explains the construction as ‘dharaṇam rājatam purāṇaśca rājataḥ’; and explains that ‘kārṣāpaṇa’ and ‘paṇa’ are the names of the copper ‘karṣa’.

It is quoted in Mitākṣarā (1.364 and 365), to the effect that ‘dharaṇa’ is only another name for ‘purāṇa’; and adds the explanation that a piece of copper one karṣa in weight is called ‘paṇa’, and also ‘kārṣāpaṇa’; — in Hemādri (Vrata, p. 53); — and in Nṛsiṃhaprasāda (Dāna, 4a).

Comparative notes by various authors:

(verses 8.131-137)

See Comparative notes for Verse 8.131.

VERSE 8.137

Section XXIII - Measures

धरणानि दश ज्ञेयः शतमानस्तु राजतः ।
चतुःसौवर्णिको निष्को विज्ञेयस्तु प्रमाणतः ॥१३७॥

dharaṇāni daśa jñeyaḥ śatamānastu rājataḥ |
catuḥsauvarṇiko niṣko vijñeyastu pramāṇataḥ ||137||

Ten ‘dharaṇas’ are to be known as the ‘silver śatamāna’ (centimetre); and the ‘niṣka’ should be understood as four ‘gold-pieces’ in weight. — (137)

Medhātithi’s commentary (manubhāṣya):

‘Śatamāna,’ ‘Centimetre,’ is the name for ten ‘Dharaṇas’; here the term ‘Silver’ includes Gold also. Hence the name ‘Śatamāna’ here put forth is applicable to both gold and silver; but its exact measure when applied to gold is to be ascertained from other treatises; since it is here distinctly specified as the ‘Silver-Śatamāna’ — (137)

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 666); — in Parāśaramādhava (Vyavahāra, p. 115), which adds that the terms ‘nīṣka’ and ‘śatamāna’ are applied to one pala of silver; — in Hemādri (Vrata, p. 53); — and in Nṛsiṃhaprasāda (Dāna, 4a).

Comparative notes by various authors:

(verses 8.131-137)

See Comparative notes for Verse 8.131.

VERSE 8.138 [Grades Of Fine]

Section XXIV - Grades Of Fine

पणानां द्वे शते सार्धे प्रथमः साहसः स्मृतः ।
मध्यमः पञ्च विज्ञेयः सहस्रं त्वेव चोत्तमः ॥१३८॥

paṇānāṃ dve śate sārdhe prathamaḥ sāhasaḥ smṛtaḥ |
madhyamaḥ pañca vijñeyaḥ sahasraṃ tveva cottamaḥ ||138||

The first amercement has been declared to be two hundred and fifty paṇas; the middling is to be known as five hundred; and the highest as a thousand. — (138)

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