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VERSE 8.392

Section XLVIII - Laws relating to Civic Misdemeanours

प्रतिवेश्यानुवेश्यौ च कल्याणे विंशतिद्विजे ।
अर्हावभोजयन् विप्रो दण्डमर्हति माषकम् ॥३९२॥

prativeśyānuveśyau ca kalyāṇe viṃśatidvije |
arhāvabhojayan vipro daṇḍamarhati māṣakam ||392||

If, at a festival where twenty twice-born men are invited, a Brāhmaṇa does not entertain his frontal and back neighbours, who are quite worthy, — he deserves to be fined one ‘māṣa.’ — (392)

Medhātithi’s commentary (manubhāṣya):

‘Veśa’ is that where people live, a dwelling-house; the house that is in the front of one’s house is ‘prativeśa’; and he who lives in that is the ‘prativeśya,’ ‘frontal neighbour’ If we read ‘prātiveśya,’ we would add the reflexive affix ‘aṇ.’ Similarly ‘anuveśya ‘is one dwelling at the back of one’s house.’

Persons occupying houses on the two sides also are called ‘neighbours’; hence the two terras ‘prativeśya’ and ‘anuveśya’ may be taken as standing for persons occupying houses next, and on both sides, to one’s own house.

If the man does not entertain these two, after having invited them to the ‘festival’ in his house, in the shape of marriage and the like, — ‘at which twenty other twice-born persons are invited,’ — then he should be made to pay a fine of one ‘māṣa.’ That this ‘māṣa’ is to be of gold is indicated by its being distinctly specified in another place.

‘Worthy’; — if the frontal and back neighbours are both worthy, — i.e., neither inimical, nor absolutely unqualified. — (392)

Explanatory notes by Ganganath Jha:

‘Prativeśya-anuveśya’ — ‘Neighbour living in front — neighbour living at the back’ (Medhātithi); — ‘the next neighbour and the neighbour next to him’ (Kullūka, Nārāyaṇa and Rāghvānanda).

‘Māṣakam’ — ‘Of gold’ (Medhātithi); — ‘of silver’ (Kullūka).

This verse is quoted in Vivādaratnākara (p. 358), which adds the following notes: — ‘Kalyāṇe viṃśatidvije,’ ‘at which twenty Brāhmaṇas are entertained’; — at such a festival if one does not feed his front neighbour and back neighbour, — both of whom are perfectly fit persons for being entertained, — he should be fined one ‘Māṣa’ which should be understood to be of silver, in view of the fact that Manu in the next verse prescribes the golden ‘māṣa’ as the fine for the offence of not feeding the neighbours at a rich entertainment.

Comparative notes by various authors:

(verses 8.392-393)

Viṣṇu (5.94-96). — ‘A fine of 25 Kārṣāpaṇas should he inflicted for neglecting to invite at a śrāddha, a Brāhmaṇa neighbour; also for not offering him food after inviting him. He who, after having accepted an invitation, does not eat, shall pay a fine of a gold Māṣaka to the King, and double the quantity of food to the inviter.’

Yājñavalkya (2.263). — ‘If a Brāhmaṇa omits to invite his neighbours, he shall be fined 15 Paṇas.’

Matsyapurāṇa (Aparārka, p. 835). — ‘If a twice-born who is in the habit of accepting gifts, fails to attend an invitation, he should be made to pay a fine of 108.’

VERSE 8.393

Section XLVIII - Laws relating to Civic Misdemeanours

श्रोत्रियः श्रोत्रियं साधुं भूतिकृत्येष्वभोजयन् ।
तदन्नं द्विगुणं दाप्यो हिरण्यं चैव माषकम् ॥३९३॥

śrotriyaḥ śrotriyaṃ sādhuṃ bhūtikṛtyeṣvabhojayan |
tadannaṃ dviguṇaṃ dāpyo hiraṇyaṃ caiva māṣakam ||393||

The Vedic scholar who does not entertain a worthy Vedic scholar at such auspicious rites, should be made to pay twice the quantity of that meal, and also a ‘māṣa’ of gold. — (393)

Medhātithi’s commentary (manubhāṣya):

This text refers to persons who are not neighbours. The rule here laid down pertains to fellow-students.

The Vedic scholar who does not entertain a duly qualified Vedic scholar at such ‘auspicious rites’ — rites performed by virtue of the possession of wealth; such for instance as the feeding of many men and so forth; or ‘rich’ may be taken as an epithet of the ‘rites’; the meaning in which case would be the rites, such as marriages and the like, which are performed on a lavish scale; where more than twenty men are fed; — if at such times, the Vedic scholar does not feed a fellow-scholar, ho should be made to offer twice the quantity of the food that would be offered at the rich rites; and one ‘māsa’ of gold shall be paid to the king as fine. — (393)

Explanatory notes by Ganganath Jha:

‘Śrotriyam’ — ‘Who is not a neighbour’ (Medhātithi); — ‘a neighbour’ (Govindarāja, and Kullūka); — ‘a resident of the same village’ (Nārāyaṇa).

This verse is quoted in Vivādaratnākara (p. 359), which adds the explanation that the quantity of food that he might have eaten should be made to be given to the uninvited man.

Comparative notes by various authors:

(verses 8.392-393)

See Comparative notes for Verse 8.392.

VERSE 8.394

Section XLVIII - Laws relating to Civic Misdemeanours

अन्धो जडः पीठसर्पी सप्तत्या स्थविरश्च यः ।
श्रोत्रियेषूपकुर्वंश्च न दाप्याः केन चित् करम् ॥३९४॥

andho jaḍaḥ pīṭhasarpī saptatyā sthaviraśca yaḥ |
śrotriyeṣūpakurvaṃśca na dāpyāḥ kena cit karam ||394||

A blind man, an idiot, a cripple, an old man of seventy, and one who attends upon Vedic scholars should not be made to pay any taxes by any one. — (394)

Medhātithi’s commentary (manubhāṣya):

‘An old man of seventy’; — the instrumental ending in ‘saptatyā’ is on the analogy of such expressions as ‘prakṛtyā virūpuḥ.’ The man who has passed seventy years of age is so called.

One who ‘attends upon’ — serves, either with personal attendance, or as a craftsman.

These men should not be made to pay any taxes, — snoh as working for the king for one day in the month, as laid down for craftsman under 7. 138; — by a king, even when his treasury has become depleted. This is what is meant by the phrase ‘by any one’ — (394)

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti, p. 272), which adds the following notes: — ‘Pīṭhasarpī’ is the lame; — ‘śrotriyeṣūpakurvan,’ he who accords to learned Brāhmaṇas grain and monetary assistance.

Comparative notes by various authors:

Āpastamba (2.26.16-17). — ‘Blind, deaf and diseased persons, as also those to whom the acquisition of property is forbidden, shall be free from taxes.’

VERSE 8.395

Section XLVIII - Laws relating to Civic Misdemeanours

श्रोत्रियं व्याधितार्तौ च बालवृद्धावकिञ्चनम् ।
महाकुलीनमार्यं च राजा सम्पूजयेत् सदा ॥३९५॥

śrotriyaṃ vyādhitārtau ca bālavṛddhāvakiñcanam |
mahākulīnamāryaṃ ca rājā sampūjayet sadā ||395||

The king should always respect the Vedic scholar, the sick and the distressed, the infant and the aged, the indigent, the man of high family and the gentleman. — (395)

Medhātithi’s commentary (manubhāṣya):

‘Respecting’ here stands for kindly treatment; verbal roots having several meanings. No other kind of ‘respect’ would be possible in the case of the infant and several others. The ‘Vedic scholar’ has been held here to mean the Brāhmaṇa scholar only.

‘Distressed,’ — by separation from his loved ones or such other causes.

‘Indigent’ — in reduced circumstances.

‘The man of high family’ — one who is born in a family endowed with fame, wealth, learning, bravery and such other qualities.

‘Gentleman’ — one who is honest and upright of nature.

All these should be received with kind treatment, in the shape of gifts and honours.

Some people explain the term ‘indigent’ as qualifying ‘the man of high family’ — (395)

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti, p. 252), which adds the following notes: — ‘Sampūjayet,’ honour them with presents; this implies that he should not take anything from them.

Comparative notes by various authors:

Nārada (18.34-35). — ‘Let a king be constantly intent on showing honour to the Brāhmaṇas; a field furnished \vith Brāhmaṇas is the source of prosperity of the world. A Brāhmaṇa may command respect and a distinguished seat at the King’s court. In the morning, the King shall show his face to, and salute, the Brāhmaṇa first of all.’

VERSE 8.396

Section XLVIII - Laws relating to Civic Misdemeanours

शाल्मलीफलके श्लक्ष्णे नेनिज्यान्नेजकः शनैः ।
न च वासांसि वासोभिर्निर्हरेन्न च वासयेत् ॥३९६॥

śālmalīphalake ślakṣṇe nenijyānnejakaḥ śanaiḥ |
na ca vāsāṃsi vāsobhirnirharenna ca vāsayet ||396||

The washerman shall wash (clothes) gently on a smooth board of cotton-tree wood; he shall not carry clothes in other clothes; nor shall he allow them to be worn. — (396)

Medhātithi’s commentary (manubhāṣya):

the ‘cotton tree’ is a kind of tree; the board should be made out of this tree; because its wood is naturally soft and ‘smooth,’ so th.it when the clothes are beaten upon it, their component parts do not become torn.

‘Gently’ — so that the clothes being beaten do not become torn.

The injunction regarding the particular wood is not with a view to any transcendental result; hence there would be nothing wrong in using any other wood, if it satisfied the said conditions.

‘Smooth’ — not rough.

‘Clothes’ — belonging to one man, — he shall not ‘carry’ — tie up and carry to the washing place — ‘in other clothes’ — belonging to another person; so that the clothes may not be torn by the tying, in which they undergo a great strain.

‘Nor shall he allow them to be worn’; — he shall not give over, for a consideration, to one man the clothes belonging to another, for wearing. This is what is meant by ‘allowing to wear’; the other man does the wearing, and it is the washerman that allows him to do it.

Since no penalty has been laid down in this connoction, we have to take it as consisting of the ‘māṣa of gold’ which has been laid down before. — (396)

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 823), which adds the following notes: — The washerman shall not carry clothes tying them in cloth; — ‘navāsayet,’ nor should he keep them in his house, or he should not allow them to be used by others on receiving cash-hire from them.

It is quoted in Mitākṣarā (2.238), which adds the following explanation: — The washerman shall wash clothes by rinsing them on a plank of cotton-wood, and not on stone; he shall not mix them up, i.e., shall not exchange them among the diverse owners, says Bālambhaṭṭī, — nor shall he keep them in his house; — if he does any of these things, he should be punished.

This verse is quoted in Vivādaratnākara (p. 313), which adds the following notes: — ‘Śālmale,’ made of cotton-wood, — ‘ślakṣṇe,’ soft, — ‘nirṇijyāt,’ should wash, — ‘nejakaḥ,’ washerman, — ‘nacha vāsāṃsi vāsobhirnirharet,’ he should not carry clothes tied up in other clothes, to the washing-place, — ‘na ca vāsayet,’ he should not let the clothes of one person be worn by another. The meaning is that if he does not act up to these rules, he becomes liable to punishment.

It is quoted in Parāśaramādhava (Vyavahāra, p. 311), as laying down rules for washermen.

Comparative notes by various authors:

Yājñavalkya (2.238). — ‘If the washerman wears the clothes belonging to others, he should he made to pay 3 Paṇas; and 10 Paṇas, if he sells or lets or pledges or lends them.’

VERSE 8.397

Section XLVIII - Laws relating to Civic Misdemeanours

तन्तुवायो दशपलं दद्यादेकपलाधिकम् ।
अतोऽन्यथा वर्तमानो दाप्यो द्वादशकं दमम् ॥३९७॥

tantuvāyo daśapalaṃ dadyādekapalādhikam |
ato'nyathā vartamāno dāpyo dvādaśakaṃ damam ||397||

The weaver shall repay ten ‘palas’ with one ‘pala’ added to it; if he acts otherwise than this, he should be made to pay a fine of twelve. — (397)

Medhātithi’s commentary (manubhāṣya):

The ‘weaver’ is one who weaves yarns, and makes clot? (cloth?) for garments, etc.

When he has received ‘ten palas’ of yarn, he should return a piece of cloth weighing one more ‘pala.’ He should make his repayments at this rate of interest. Special considerations may be made in regard to the coarseness or fineness of the texture of the cloth, or to the fact of its being wooly and so forth.

Otherwise there shall be a fine of twelve ‘paṇas.’

This punishment is to be inflicted in the case of non-payment of the interest. In the case of non-payment of the principal, he would have to pay according to the rule laid down by the guild.

Thus in the case of the principal consisting of ‘twenty palas’ of yarn, if the man does not pay the interest, his fine shall he double; and so on, the fine being computed triple, quadruple and so forth.

Others hold that the fine is to be paid to the king. — (397)

Explanatory notes by Ganganath Jha:

‘Dvādaśakam’ — ‘Twelve paṇas’ (Kullūka and Medhātithi, who does not say ‘palas,’ as asserted by Buhler); — ‘twelve times the value of the yarn’(Govindarāja); — ‘one-twelth of the value of the yarn’ (Nārāyaṇa).

This verse is quoted in Aparārka, (p. 785), which explains ‘dvādaśakam’ as ‘fine consisting of 12 kārṣāpaṇas’; — and in Vivādaratnākara (p. 311), which adds the following notes: — ‘Tantuvāya,’ the weaver of cloth, having received 10 palas of yarn, shall, after weaving it, give to the owner cloth weighing 11 palas; otherwise acting, — i.e., having received 10 palas of yam, if he gives cloth weighing only 10 palas, — he should pay a fine. It adds that this rule refers to coarse yams.

Comparative notes by various authors:

Yājñavalkya (2.179-180). — ‘In the matter of woolen and cotton yarns, of the ordinary counts, the increase is 10 Palas per 100 Palas; it is 5 Palas per 100, when the yarns are of the middling count; and 3 Palas per cent, in the case of very fine yarns. In the case of clothes that are embroidered, or worked with wool, the loss in weight is the thirtieth part; in the case of garments of silk or of bark, there is neither increase nor decrease.’

Nārada (Aparārka, p. 784, and Vivādaratnākara, p. 312). — ‘In the case of cotton and woolen cloth, there is an increase of 10 Palas per cent .; this in the case of thick yarns; in the case of yarns of middle counts it is 5 Palas per cent; and in that of fine yarns, it is only 3 Palas per cent. In the case of cloth that is embroidered or wool-worked, there is a decrease by the thirtieth part. In the case of cloth of silk or of bark, there is neither decrease nor increase.’

VERSE 8.398

Section XLVIII - Laws relating to Civic Misdemeanours

शुल्कस्थानेषु कुशलाः सर्वपण्यविचक्षणाः ।
कुर्युरर्घं यथापण्यं ततो विंशं नृपो हरेत् ॥३९८॥

śulkasthāneṣu kuśalāḥ sarvapaṇyavicakṣaṇāḥ |
kuryurarghaṃ yathāpaṇyaṃ tato viṃśaṃ nṛpo haret ||398||

The king shall take one-twentieth of the price of saleable commodities, that may be fixed by men who have experience of custom-houses and are experts in all kinds of merchandise. — (398)

Medhātithi’s commentary (manubhāṣya):

‘Custom houses’ are those places where duties and tolls are realised, as fixed by the king and the merchants in accordance with the special conditions of each country. Those who have experience of these are the ‘custom-house officials’; these men cannot be hoodwinked by clever rogues.

Similarly there are men who are ‘experts in all kinds of merchandise,’ i.e., who know all about the demand and supply, the good and bad qualities and such details regarding all commodities.

When things are brought by merchants in boxes from other countries, the said experts fix their prices; and of this price the king shall take the twentieth part.

“What is the use of the valuation? It would be enough to say that the king shall receive the twentieth part of each commodity.”

This would be all right in cases where the king realises his dues in kind. But in the case of such cloth-pieces as are used in the form in which they are sold, the twentieth part could not be taken without tearing each piece. Hence it is that valuation becomes necessary.

In the case of unsaleable commodities, or of articles meant for personal use, there are no duties, hence the text adds the term ‘yathā-paṇyam,’ ‘saleable commodities.’

The valuation has to be done in accordance with several considerations of time, place and other circumstances; for instance, all commodities do not sell at the same price at all times; so that the price of any article cannot be regarded as fixed for all time. — (398)

Explanatory notes by Ganganath Jha:

‘Tataḥ’ — ‘Of the amount thus fixed’ (Medhātithi); — ‘out of the profit on that amount’ (Kullūka).

This verse is quoted in Vivādaratnākara (p. 304), which remarks that this refers to commodity. imported from other countries; — in Aparārka (p. 833); — in Vīramitrodaya, (Rājanīti, p. 164), which adds that, though from the words it would seem that the twentieth part of the value of the commodity is meant, yet, in fact, it is of the profit over and above the value fixed; for if the king were to take the twentieth part of the value, then the trader would have no profit at all, and his business would be ruined; — and in Vyavahāra-Bālambhaṭṭī, (p. 954.)

Comparative notes by various authors:

Yājñavalkya (2.261). — ‘The King shall take as duty the twentieth part of the price fixed for each commodity.’

Gautama (10.26). — ‘In the case of merchandise one-twentieth should be paid as duty.’

Baudhāyana (1.18.14-15). — ‘The duty on goods imported by sea is, after deducting a choice article, ten Paṇas in the hundred. He shall also lay just duties on other marketable goods, according to their intrinsic value, without oppressing the traders.’

Arthaśāstra (I, p. 241). — ‘The trade-commissioner shall keep himself informed of the prices and the demand for commodities got out of the earth and those got out of the water, imported by land and by water; — also of the time for their collection and disposal. Of such commodities as are found in large quantities, he shall fix the price after collecting them in one place. Of commodities produced in his own country, the commissioner shall establish an emporium with a single outlet; of those imported from outside, there shall be an emporium with several outlets; and the sale of those kinds of commodities shall he so arranged as to be most helpful to the people of the country. Even large profits he shall forego if it injures the people...... In the case of commodities sold by measures of capacity, 16 per cent, shall be the duty payable to the King; 20 per cent, in the case of things sold by weight; 11 per cent, in that of things sold by the number. Exports from outside he shall encourage by favourable treatment. To sea-going and land merchants he shall grant concessions and advances and help in other ways.’

Viṣṇu (Vivādaratnākara, p. 304), — ‘In the case of commodities produced in the country itself, the King shall levy a duty in the shape of the tenth part; and in that of those imported from outside, the twentieth part.’

VERSE 8.399

Section XLVIII - Laws relating to Civic Misdemeanours

राज्ञः प्रख्यातभाण्डानि प्रतिषिद्धानि यानि च ।
ताणि निर्हरतो लोभात् सर्वहारं हरेन्नृपः ॥३९९॥

rājñaḥ prakhyātabhāṇḍāni pratiṣiddhāni yāni ca |
tāṇi nirharato lobhāt sarvahāraṃ harennṛpaḥ ||399||

Those commodities that have been proclaimed as the ‘king’s monopoly,’ and those that are forbidden, — if any one, through greed, exports these, the king shall confiscate all his property. — (399)

Medhātithi’s commentary (manubhāṣya):

Those commodities that have been ‘proclaimed’ to belong to the king’s monopoly, — e.g. elephants in the eastern countries, saffron, silks and woolens in Kaśmir, horses among the western countries, precious stones, pearls, etc., among the southern countries; in fact such articles as are easily obtainable in the dominions of the king concerned, but rare in other countries. Kings come to a mutual understanding among themselves regarding all such commodities.

‘Forbidden’ — i.e., those in regard to which the king has ordered that they should not he exported outside his dominions; e.g. during famines, the exporting of food-grains is prohibited.

‘Through greed,’ — if some one exports for sale such commodities to other countries, the king shall confiscate all his property.

This punishment is meant for one who does the exporting with a view to profiteering, if they are carried for being presented to a foreign king, then the punishment shall be severer in the form of imprisonment and other forms of corporeal punishment. — (399)

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 300), which adds the following notes: — Those objects that are specially fit for a king’s use — such as large elephants, and so forth — as also those the export of which is prohibited, such as grains and other things difficult to obtain in the country, and hence not to be sold to foreign countries, — if, through greed, merchants should export such articles to foreign countries, they should have all their property confiscated by the king, i.e., he should take away all that the man may have earned over the commodity.

It is quoted in Aparārka (p. 817); and again on p. 834; — in Vīramitrodaya (Rājanīti, p. 174); — in Vyavahāra-Bālambhaṭṭī (p. 954); — and in Vivādacintāmaṇi, (p. 119), which has the following explanation — ‘Such elephants, horses and other things as are fit for the king only, — and things of which all buying and selling have been prohibited by the king, — if any one sells these in open defiance of the royal command, all that he obtains by this selling should be confiscated by the king.’

Comparative notes by various authors:

Viṣṇu (5.130). — ‘He who sells a commodity on which the King has laid an embargo, shall have it confiscated.’

Yājñavalkya (2.261). — ‘If anything is sold of which the sale has been prohibited or which is fit for the King’s own use, shall go to the King.’

Śaṅkha-Likhita (Vivādaratnākara, p. 301). — ‘On selling a forbidden commodity, one shall have his limbs cut off.’

VERSE 8.400

Section XLVIII - Laws relating to Civic Misdemeanours

शुल्कस्थानं परिहरन्नकाले क्रयविक्रयी ।
मिथ्यावादी च सङ्ख्याने दाप्योऽष्टगुणमत्ययम् ॥४००॥

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