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VERSE 9.238

Section XXXII - Mortal Sins

असम्भोज्या ह्यसंयाज्या असम्पाठ्याऽविवाहिनः ।
चरेयुः पृथिवीं दीनाः सर्वधर्मबहिष्कृताः ॥२३८॥

asambhojyā hyasaṃyājyā asampāṭhyā'vivāhinaḥ |
careyuḥ pṛthivīṃ dīnāḥ sarvadharmabahiṣkṛtāḥ ||238||

Debarred from entertainments, debarred from sacrifices, debarred from education, excluded from all religious acts, these shall wander over the earth; abject and despised. — (238)

Medhātithi’s commentary (manubhāṣya):

Exclusion from ‘all religious acts’ including exclusion from ‘entertainments’ and the rest also, those latter have been separately mentioned, with a view to indicate the seriousness of the offence.

‘Entertainments’ — dinner parties, musical parties and so forth.

‘Sacrifices’ — i.e, helping them to perform sacrifices.

Similarly with ‘education.’

If the muling is ‘asampāṭhyavigarhitāḥ’ — the compound would be ‘asampāṭhya and avigarhita,’ ‘excluded from education and undespised.’

‘Abject’ — i.e., even though possessed of wealth, they shall live on alms, and shall be clothed in rags and so forth (?). — (238)

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 635), which adds the following notes: — ‘Asambhojyāḥ’, i.e., people should not join with them in any convivial gatherings; — ‘asampāṭhyāḥ’, they are unfit for teaching; — ‘asamyājyāḥ’, unfit for sacrificing; — ‘avivāhinaḥ’, not entitled to marry; — in Vyavahāra-Bālambhaṭṭī (p. 116); — and in Prāyaścittaviveka (p. 37), to the effect that one who has committed a ‘heinous’ crime is not entitled to any of the acts to which the twice-born are entitled.

Comparative notes by various authors:

(verses 9.235-242)

See Comparative notes for Verse 9.235.

VERSE 9.239

Section XXXII - Mortal Sins

ज्ञातिसम्बन्धिभिस्त्वेते त्यक्तव्याः कृतलक्षणाः ।
निर्दया निर्नमस्कारास्तन् मनोरनुशासनम् ॥२३९॥

jñātisambandhibhistvete tyaktavyāḥ kṛtalakṣaṇāḥ |
nirdayā nirnamaskārāstan manoranuśāsanam ||239||

Being branded, these shall be abandoned by Kinsmen and relations, deprived of all sympathy and greetings; — such is the teaching of manu. — (239)

Medhātithi’s commentary (manubhāṣya):

‘Branded.’ — This implies that branding must be done.

No sympathy shall be extended to them, even when struck by disease or other calamities. Even though they be endowed with seniority and other qualifications, they shall not be received with greetings or any marks of honour or welcome.

That such is the law is to be directly learnt from the words of the text itself. — (239)

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 635), which adds the following notes: — ‘Jñāti’ are paternal relations; — ‘sambandhi’, maternal relations; — ‘kṛtalakṣaṇāḥ’, branded; — ‘nirdayāḥ’, undeserving of the sympathy of gentlemen, even when suffering from diseases; — ‘nirnamaskārāḥ,’ not deserving of salutations even though possessing seniority and such other qualifications.

Comparative notes by various authors:

(verses 9.235-242)

See Comparative notes for Verse 9.235.

VERSE 9.240

Section XXXII - Mortal Sins

प्रायश्चित्तं तु कुर्वाणाः सर्ववर्णा यथोदितम् ।
नाङ्क्या राज्ञा ललाटे स्युर्दाप्यास्तूत्तमसाहसम् ॥२४०॥

prāyaścittaṃ tu kurvāṇāḥ sarvavarṇā yathoditam |
nāṅkyā rājñā lalāṭe syurdāpyāstūttamasāhasam ||240||

But men of the senior castes, who perform the expiatory penances, as prescribed, shall not be branded on the forehead by the king; they shall be made to pay the highest amercement. — (240)

Medhātithi’s commentary (manubhāṣya):

‘Senior castes’ — All castes other than Śūdras. If they perform the prescribed expiatory penances, there is to be no branding; and their punishment shall consist of the ‘highest amercement;’ that is they should be made to pay a thousand ‘paṇas.’ — (240)

Explanatory notes by Ganganath Jha:

‘Uttama-sāhasam’ see 8.138.

This verse is quoted in Vivādaratnākara (p. 635); — in Vyavahāramayūkha (p. 102); — in Mitākṣarā, (under 2.270); — and again under 3.259, to the effect that the performance of expiatory rites is necessary even when the culprit has paid a fine for his guilt (the present text exonerating the man only from branding); — in Vyavāhāra-Bālambhāṭṭī (p. 117); — and in Prāyaścittaviveka (p. 120).

Comparative notes by various authors:

(verses 9.235-242)

See Comparative notes for Verse 9.235.

VERSE 9.241

Section XXXII - Mortal Sins

आगःसु ब्राह्मणस्यैव कार्यो मध्यमसाहसः ।
विवास्यो वा भवेद् राष्ट्रात् सद्रव्यः सपरिच्छदः ॥२४१॥

āgaḥsu brāhmaṇasyaiva kāryo madhyamasāhasaḥ |
vivāsyo vā bhaved rāṣṭrāt sadravyaḥ saparicchadaḥ ||241||

For offences committed by the Brāhmaṇa the middle-most amercement shall be inflicted on him; or he shall be banished from the kingdom, along with his goods and chattels. — (241)

Medhātithi’s commentary (manubhāṣya):

The condition of expiatory penances being performed does not apply to what is asserted here.

In the case of all these offences — of Brāhmaṇa-slaughter and the rest — the Brāhmaṇa shall be fined ‘the middle-most amercement’

The qualification ‘unintentionally’ of the next verse has to be construed with this also.

After he has paid the fine, he should be made to perform the expiatory penances.

‘Along with his goods and chattels.’ — This is a special favour to be granted in the case of highly qualified Brāhmaṇas.

In the case of the offence being unintentional, he may not be banished. — (241)

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 635); — and in Vyavahāra-Bālambhaṭṭī (p. 117).

Comparative notes by various authors:

(verses 9.235-242)

See Comparative notes for Verse 9.235.

VERSE 9.242

Section XXXII - Mortal Sins

इतरे कृतवन्तस्तु पापान्येतान्यकामतः ।
सर्वस्वहारमर्हन्ति कामतस्तु प्रवासनम् ॥२४२॥

itare kṛtavantastu pāpānyetānyakāmataḥ |
sarvasvahāramarhanti kāmatastu pravāsanam ||242||

But others who have committed these offences unintentionally, deserve to have the entire property confiscated; and death, in the case of their being intentional. — (242)

Medhātithi’s commentary (manubhāṣya):

‘Others’ — the Kṣatriyas and other castes, — when they have committed ‘these offences’ — the most heinous crimes, — ‘unintentionally’ — without actually wishing it, — should have all their property confiscated.

Some people hold that this is another punishment laid down for those who have performed the expiatory penances, — alternative to the. one prescribed in the foregoing verse.

In the case of these crimes being committed ‘intentionally,’ death has been prescribed as the penalty.

In the case of the Śūdra, if the crime has been committed intentionally, there is to be ‘branding’ and ‘confiscation of the whole property’; and if it has been done intentionally, he shall be put to death. — (242)

Explanatory notes by Ganganath Jha:

Persons who perform no penance shall have their property confiscated if the crime was unintentional, and if it was intentional, they shall be banished also. (Nārāyaṇa and Nandana). — There is to be confiscation of the entire property only in very bad cases, instead of the fine of 1,000 Paṇas prescribed under 240. (Kullūka and Rāghavānanda).

‘Pravāsanam.’ — ‘Death’ (Medhātithi, Kullūka and, Nandana); ‘banishment’ (Nārāyaṇa and Rāghavānada, who criticise Medhātithi’s explanation).

This verse is quoted in Vivādaratnākara (p. 635); — and in Vyavahāra-Bālambhaṭṭī (p. 118).

Comparative notes by various authors:

(verses 9.235-242)

See Comparative notes for Verse 9.235.

VERSE 9.243 [Disposal of the Fine realised from the Worst Offenders]

Section XXXIII - Disposal of the Fine realised from the Worst Offenders

नाददीत नृपः साधुर्महापातकिनो धनम् ।
आददानस्तु तत्लोभात् तेन दोषेण लिप्यते ॥२४३॥

nādadīta nṛpaḥ sādhurmahāpātakino dhanam |
ādadānastu tatlobhāt tena doṣeṇa lipyate ||243||

The righteous King shall not appropriate the property of the man guilty of a heinous crime; if, through greed, he takes it, he becomes tainted with that guilt. — (243)

Medhātithi’s commentary (manubhāṣya):

“It has been laid down that fines constitute one of the sources of income for the King; why then should it now be declared that he shall not appropriate such property?”

This has been explained under the text ‘Rājanirdhūta-daṇḍaḥ etc., etc.’ — (243)

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 637); — in Vyavahāra-Bālambhaṭṭī (p. 1053); — and in Prāyaścittaviveka (p. 121), which says that what is forbidden is the confiscation of the property by the king for his own use, and not the taking of it for other purposes, such as is mentioned in the next verse.

Comparative notes by various authors:

(verses 9.243-246)

Yama (Vivādaratnākara, p. 638). — ‘Having confiscated the property of the outcast, the King shall have it handed over to the Assembly.’

VERSE 9.244

Section XXXIII - Disposal of the Fine realised from the Worst Offenders

अप्सु प्रवेश्य तं दण्डं वरुणायोपपादयेत् ।
श्रुतवृत्तोपपन्ने वा ब्राह्मणे प्रतिपादयेत् ॥२४४॥

apsu praveśya taṃ daṇḍaṃ varuṇāyopapādayet |
śrutavṛttopapanne vā brāhmaṇe pratipādayet ||244||

He shall deposit such property in the water and offer it to Varuṇa, or bestow it on a Brāhmaṇa endowed with learning and character. — (244)

Medhātithi’s commentary (manubhāṣya):

‘This to Varuṇa’ — thinking thus in his mind, he shall deposit the fine in water; or bestow it upon a Brāhmaṇa equipped with learning and character. — (244)

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 637); — in Vyavahāra-Bālambhaṭṭī (p. 1053); — and in Prāyaścittaviveka (p. 122), which says that the expiation here prescribed refers to the stealing of gold more than 16 māṣas in weight.

Comparative notes by various authors:

(verses 9.243-246)

See Comparative notes for Verse 9.243.

VERSE 9.245

Section XXXIII - Disposal of the Fine realised from the Worst Offenders

ईशो दण्डस्य वरुणो राज्ञां दण्डधरो हि सः ।
ईशः सर्वस्य जगतो ब्राह्मणो वेदपारगः ॥२४५॥

īśo daṇḍasya varuṇo rājñāṃ daṇḍadharo hi saḥ |
īśaḥ sarvasya jagato brāhmaṇo vedapāragaḥ ||245||

Varuṇa i s the lord of punishment, as he holds the sceptre over the King; while the Brāhmaṇa, well versed in the Veda, is the lord of the whole world. — (245)

Medhātithi’s commentary (manubhāṣya):

This is a hortatory supplement to the foregoing injunction of the disposal of the fine.

Varuṇa is the lord of the fine imposed upon the worst offenders; since ‘he holds the sceptre over’ — is the leader, lord of, — Kings; similarly the Brāhmaṇa is the lord of their property. Consequently such property shall not be appropriated by the king. — (245)

Explanatory notes by Ganganath Jha:

Cf. Taittirīya Brāhmaṇa III, 1.2.7; also Manu 1.98-101.

This verse is quoted in Vivādaratnākara (p. 638); — and in Vyavahāra-Bālambhaṭṭī (p. 1053).

Comparative notes by various authors:

(verses 9.243-246)

See Comparative notes for Verse 9.243.

VERSE 9.246-247

Section XXXIII - Disposal of the Fine realised from the Worst Offenders

यत्र वर्जयते राजा पापकृद्भ्यो धनागमम् ।
तत्र कालेन जायन्ते मानवा दीर्घजीविनः ॥२४६॥

निष्पद्यन्ते च सस्यानि यथोप्तानि विशां पृथक् ।
बालाश्च न प्रमीयन्ते विकृतं च न जायते ॥२४७॥

yatra varjayate rājā pāpakṛdbhyo dhanāgamam |
tatra kālena jāyante mānavā dīrghajīvinaḥ ||246||

niṣpadyante ca sasyāni yathoptāni viśāṃ pṛthak |
bālāśca na pramīyante vikṛtaṃ ca na jāyate ||247||

In a country where the King avoids the income of wealth from sinners, men are, in time, born to be long-lived — (246) the crops of husbandmen grow, according as they are sown; children do not die, and no mis-shaped child is born. — (247)

Medhātithi’s commentary (manubhāṣya):

(versess 9.246-247)

These declamatory assertions are well-known.

‘Are in time born’; — what is meant is also the present birth i.e., persons already born, or going to be born.

‘Misshaped’ — devoid of eyes, or of ears and so forth — (246-247)

Explanatory notes by Ganganath Jha:

(verses 9.246)

This verse is quoted in Vivādaratnākara (p. 638); — and in Vyavahāra-Bālambhaṭṭī (p. 1053).

(verse 9.247)

This verse is quoted in Vivādaratnākara (p. 638), which explains ‘vikṛtam’ as being maimed of hands, feet and so forth; — and in Vyavahāra-Bālambhaṭṭī (p. 1053).

Comparative notes by various authors:

(verses 9.243-246)

See Comparative notes for Verse 9.243.

VERSE 9.248

Section XXXIII - Disposal of the Fine realised from the Worst Offenders

ब्राह्मणान् बाधमानं तु कामादवरवर्णजम् ।
हन्याच्चित्रैर्वधोपायैरुद्वेजनकरैर्नृपः ॥२४८॥

brāhmaṇān bādhamānaṃ tu kāmādavaravarṇajam |
hanyāccitrairvadhopāyairudvejanakarairnṛpaḥ ||248||

If a low-born person intentionally harasses a Brāhmaṇa, the King shall strike him with various terror-striking forms of corporal punishment. — (248)

Medhātithi’s commentary (manubhāṣya):

‘Low-born person’ — Śūdra.

‘Harassing’ consists in taking away the property, etc.

The various forms of corporal punishment such as beheading, branding, striking with the sword and so forth, — all of which are ‘terror striking,’ sources of long suffering — (248)

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Vyavahāra, p. 396) as prescribing the punishment for one who harasses a Brāhmaṇa.

Comparative notes by various authors:

[See texts under 8.279-284.]

VERSE 9.249 [Punishment of the Not Guilty and acquitting of the Guilty]

Section XXXIV - Punishment of the Not Guilty and acquitting of the Guilty

यावानवध्यस्य वधे तावान् वध्यस्य मोक्षणे ।
अधर्मो नृपतेर्दृष्टो धर्मस्तु विनियच्छतः ॥२४९॥

yāvānavadhyasya vadhe tāvān vadhyasya mokṣaṇe |
adharmo nṛpaterdṛṣṭo dharmastu viniyacchataḥ ||249||

The sin incurred by the king in striking one who does not deserve it, is the same as that in acquitting one who deserves to be struck; but merit accrues to him if he chastises justly. — (249)

Medhātithi’s commentary (manubhāṣya):

The sin incurred by the king in punishing the innocent is equal to that incurred in acquitting the guilty, — in connection with the above-mentioned crimes.

The king receives taxes for fulfilling certain duties; if he fails to do these, he incurs sin; but the due fulfilment of these does not necessarily involve spiritual merit As for the declaration — ‘merit accrues to him, if he chastises justly’, — which speaks of merit accruing — all this is merely commendatory of the injunction regarding the fulfilment of one’s duties.

The teaching regarding ‘punishments’ is for the purpose of preventing crime; hence they shall be inflicted, according to law, by various methods of corporal punishment The declarations made in this connection pertain to the accomplishment of all such kingly duties as are conducive to temporal ends; e.g. the punishing of the ‘haughty’, the ‘warlike’ and so forth. And as the teaching pertains to visible ends, it is not the actual death-penalty that shall be inflicted in all cases. Hence if the intended chastisement is secured by other means, there would be nothing wrong in this. — (249)

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 649), which explains ‘niyacchataḥ’ as ‘encompassing the punishment of the guilty and acquittal of the not guilty.’

Comparative notes by various authors:

Yājñavalkya (Vivādaratnākara, p. 649). — ‘The King who punishes those who deserve to he punished and protects those who are well-behaved, performs sacrifices where hundreds of thousands are given as the sacrificial fee. Punishment unjustly inflicted destroys both spiritual merit and fame; and when justly inflicted, it brings to the King heaven, fame and victory.’

Kātyāyana (Do., p. 650). — ‘King’s ministers incur terrible sin if they omit to chastise the sinners and punish those who are well-behaved.’

Vaśiṣṭha (Do.). — ‘If punishment is wrongly inflicted, the King should fast for one day, the priest for three days; or, if punishment is not inflicted on those who deserve it, the King shall fast for three days and the priest should perform the Kṛcchra penance.’

VERSE 9.250

Section XXXIV - Punishment of the Not Guilty and acquitting of the Guilty

उदितोऽयं विस्तरशो मिथो विवदमानयोः ।
अष्टादशसु मार्गेषु व्यवहारस्य निर्णयः ॥२५०॥

udito'yaṃ vistaraśo mitho vivadamānayoḥ |
aṣṭādaśasu mārgeṣu vyavahārasya nirṇayaḥ ||250||

This has been expounded at length-investigation of suits between two litigants, bearing upon the eighteen titles of dispute. — (250)

Medhātithi’s commentary (manubhāṣya):

This verse sums up the entire section on Law-suits. — (250)

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 618).

VERSE 9.251 [Consolidation and Settlement of the Kingdom]

Section XXXV - Consolidation and Settlement of the Kingdom

एवं धर्म्याणि कार्याणि सम्यक् कुर्वन् महीपतिः ।
देशानलब्धान्लिप्सेत लब्धांश्च परिपालयेत् ॥२५१॥

evaṃ dharmyāṇi kāryāṇi samyak kurvan mahīpatiḥ |
deśānalabdhānlipseta labdhāṃśca paripālayet ||251||

The king thus duly doing his lawful work, may seek to acquire tracts of land not already acquired, and settle those already acquired. — (251)

Medhātithi’s commentary (manubhāṣya):

‘He may seek to acquire what he has not already acquired’, — i.e., he shall not remain contented with what he has already got. — (251)

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 618).

VERSE 9.252

Section XXXV - Consolidation and Settlement of the Kingdom

सम्यग्निविष्टदेशस्तु कृतदुर्गश्च शास्त्रतः ।
कण्टकोद्धरणे नित्यमातिष्ठेद् यत्नमुत्तमम् ॥२५२॥

samyagniviṣṭadeśastu kṛtadurgaśca śāstrataḥ |
kaṇṭakoddharaṇe nityamātiṣṭhed yatnamuttamam ||252||

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