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अङ्गुलीर्ग्रन्थिभेदस्य छेदयेत् प्रथमे ग्रहे ।
द्वितीये हस्तचरणौ तृतीये वधमर्हति ॥२७७॥

sandhiṃ chittvā tu ye cauryaṃ rātrau kurvanti taskarāḥ |
teṣāṃ chittvā nṛpo hastau tīkṣṇe śūle niveśayet ||276||

aṅgulīrgranthibhedasya chedayet prathame grahe |
dvitīye hastacaraṇau tṛtīye vadhamarhati ||277||

If thieves commit thefts at night, after breaking into a house, the king shall cut off their hands and have them impaled on a pointed stake; — (276) on the first conviction he should have two fingers of the cut-purse amputated; on the second a hand and a foot; and on the third he should be put to death. — (277)

Medhātithi’s commentary (manubhāṣya):

(verses 9.276-277)

‘Cut-purse’ — one who cuts out a purse; i.e., the opening of knots or bundles of cloth. Or the name ‘cut-purse’ may apply to those persons who are bent upon slinking away, on some pretext, with the property that has been stolen, — after loosening the knots with which he may have been bound.

When such a man has been detected in doing this for the first time, his fingers shall be cut off; on the second occasion a hand and a foot; and on the third, he shall suffer death. — (276-277)

Explanatory notes by Ganganath Jha:

(verse 9.276)

This verse is quoted in Mitākṣarā (2. 275), as illustrating the principle that the severity of the penalty is to be determined by the seriousness of the offence; — in Aparārka (p. 845), which explains the meaning to be that the nails are to he fixed on the points where the two hands have been cut off; — in Vivādaratnākara (p. 316), which adds that when construed with ‘śūle niveśayet’, ‘teṣām’ is to be taken as ‘tān’; — in Vivādacintāmaṇi (Calcutta, p. 86); — and in Vīramitrodaya (Vyavahāra 151b).

(verse 9.277)

‘Aṅgulīḥ’ — Rāghavānanda reads ‘aṅgulī’ (Dual) and explains that the thumb and the index-finger are meant; — the same view is held by Kullūka also; — according to Nandana, the ‘two fingers’ are the index and the middle fingers, — Medhātithi adopts the reading in the plural.

This verse is quoted in Vivādaratnākara (p. 321), which reads ‘aṅgulī’ (Dual) and explains it as the thumb and the index finger; — ‘graha’, detection; — in Parāśaramādhava (Vyavahāra, p. 302), which explains the ‘two fingers’ as the thumb and the index finger; — in Aparārka (p. 845); — in Mitākṣarā (2. 274) to the effect that a pickpocket detected thrice should be put to death; — in Vivādacintāmaṇi (Calcutta, p. 87), which adds the following explanations — ‘If one is detected in untying cattle for stealing it, then, if it is the first offence of its kind, his fingers should be cut off, in the second offence, his hands and feet, and in the third, death-penalty is to be inflicted; — and in Nṛṣiṃhaprasāda (Vyavahāra 42b).

Comparative notes by various authors:

(verse 9.276)

Yājñavalkya (2.270). — ‘The thief should he made to restore the stolen goods and to suffer various forms of corporal punishment.’

Vyāsa (Vivādaratnākara, p. 316). — ‘If a man cuts a hole in the wall and steals wealth, he should be made to restore to the owner the stolen goods and should then be impaled.’

(verse 9.277)

Viṣṇu (5.136). — ‘Cut-purses shall lose one hand.’

Yāñjavalkya (2.274). — ‘The pick-pocket and the cut-purse should be deprived of their picking fingers (thumb and index), for the first offence; on the second they should be deprived of one hand and one foot.’

Vyāsa (Vivādaratnākara, p. 321). — ‘The pick-pocket and the cut-purse should be deprived of their picking fingers.’

Nārada (Do., p. 322). — ‘For the first offence, cut-purses shall have the thumb and the index finger cut off; for the

second, the remaining fingers shall be cut off; and for the third, he shall be put to death.’

VERSE 9.278

Section XXXVIII - Treatment of Criminals and their Punishment

अग्निदान् भक्तदांश्चैव तथा शस्त्रावकाशदान् ।
संनिधातॄंश्च मोषस्य हन्याच्चौरमिवेश्वरः ॥२७८॥

agnidān bhaktadāṃścaiva tathā śastrāvakāśadān |
saṃnidhātṝṃśca moṣasya hanyāccauramiveśvaraḥ ||278||

The king shall strike like thieves those who provide fire, offer food and supply arms and lodging, as also those who abet their escape. — (278)

Medhātithi’s commentary (manubhāṣya):

Those who provide for the thieves fire for warming themselves and such other purposes.

‘Arms’ — Cutlass and the like.

‘Abettors’ — Contrivers — ‘of escape.’

All those shall be dealt with like thieves.

‘Those who supply arms and lodging.’ — Though this has been already mentioned before, yet it has been added again by way of summing up all that is intended. — (278)

Explanatory notes by Ganganath Jha:

‘Agnidān’. — ‘Those who give fire to the thieves, — so that they may warm themselves, or for similar purposes’ (Medhātithi), — ‘so that they may put fire to houses’ (Nārāyaṇa).

‘Moṣaṣya sannidhātṛṛn (sannidhātṝn?) — ‘Receivers of stolen goods’ (Kullūka); — ‘abettors of theft’ (Medhātithi and Nārāyaṇa).

This verse is quoted in Vivādaratnākara (p. 338), which adds the following notes: — ‘Avakāśa’, lodging, — ‘agni’, fire as helping the act of stealing, — ‘moṣaṣya sannidhātṛṛn’, those who help in bringing about conditions conducive to the stealing of property; — it adds that the cases referred to are those in which the culprit has not been led either by fear or by ignorance to do what he has done.

It is quoted in Aparārka (p. 849); — and in Vyavahāra-Bālambhaṭṭī (p. 991).

Comparative notes by various authors:

[See texts under 271.]

VERSE 9.279

Section XXXVIII - Treatment of Criminals and their Punishment

तडागभेदकं हन्यादप्सु शुद्धवधेन वा ।
यद् वाऽपि प्रतिसंस्कुर्याद् दाप्यस्तूत्तमसाहसम् ॥२७९॥

taḍāgabhedakaṃ hanyādapsu śuddhavadhena vā |
yad vā'pi pratisaṃskuryād dāpyastūttamasāhasam ||279||

If a man breaks open a tank, he shall be slain in the water, or by simple form of death; or, he may repair the damage and be made to fay the highest amercement. — (279)

Medhātithi’s commentary (manubhāṣya):

‘Tank’ — has been mentioned only by way of an illustration.

The same thing applies to the ‘stealing’ of the water of a river also; — say some people.

This however is not right; because the harm done in the breaking of the tank is very great; and it is only slight in the case of the breaking of a river-dam.

The law here laid down applies also to the case of cutting the embankments of a tank. — (279)

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 365), which adds the following notes — ‘Apsu’, i.e., by drowning in water, — ‘śuddhavadhena’, by strangulation or such means of capital punishment, apart from water; — the penalty of ‘highest amercement’ is to be inflicted along with that of making him do the necessary repairs.

Comparative notes by various authors:

(verses 9.279-281)

Śaṅkha-Likhita (Vivādaratnākara, p. 365). — ‘One who breaks the dam of pools, tanks, or vitiates a path or poisons liquid substances, shall have his limbs cut off. — For damaging an idol or a garden or a well, or bridges or drinking pools, the man should be compelled to repair the damage, to reconsecrate it, and to pay a fine of eight hundred.’

Yājñavalkya (2.278). — ‘A woman who is very sinful, or who procures abortion, or kills men, or who breaks a dam, should be drowned in water with a stone tied round her neck.’

Do. (2.273). — ‘Those who steal elephants or horses should be impaled.’

Kātyāyana (Vivādaratnākara, p. 367). — ‘One who breaks a wall, or dismantles it or cuts iṭ, or who dams up the flow of water should be fined the first amercement.’

Do. (Do., p. 364). — ‘If one steals, breaks or burns an idol of gods, or damages a temple, he should be fined the first amercement.’

Vāysa (Aparārka, p. 845). — ‘The stealer of a horse should be put to death by having his hands, feet and loin cut off; one who steals cattle shall have half of his foot cut off with a sharp instrument.’

Viṣṇu (Vivādaratnākara, p. 320). — ‘One who steals a cow, or a horse, or an elephant shall have his one hand and one foot cut off; and one who steals a goat shall have one hand cut off.’

Nārada (Vivādaratnākara, p. 321). — ‘For stealing large animals, the punishment is the highest amercement.

Viṣṇu (Do., p. 365). — ‘Those cutting a dam should be put to death.’

Yama (Aparārka, p. 822). — ‘If one takes away the water of a tank or destroys the inlet of water, he should he made to pay the first amercement. — One who breaks the dam of a tank should be put to death in water, etc., (as in Manu 279).’

VERSE 9.280

Section XXXVIII - Treatment of Criminals and their Punishment

कोष्ठागारायुधागारदेवतागारभेदकान् ।
हस्त्यश्वरथहर्तॄंश्च हन्यादेवाविचारयन् ॥२८०॥

koṣṭhāgārāyudhāgāradevatāgārabhedakān |
hastyaśvarathahartṝṃśca hanyādevāvicārayan ||280||

Those who break into a storehouse, an armoury, or a temple, and those who steal elephants, horses and chariots, — he shall put to death without hesitation. — (280)

Medhātithi’s commentary (manubhāṣya):

(No Bhāṣya).

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p, 320), which adds the following notes: — ‘Koṣṭhāgāram’, granary, — ‘avicārayam’, there should be no delay when once it has been ascertained that the man has committed the offence.

It is quoted in Mitākṣarā (2. 273), where Bālambhaṭṭī has the note that — ‘avicārayan’ means without delay.

Comparative notes by various authors:

(verses 9.279-281)

See Comparative notes for Verse 9.279.

VERSE 9.281

Section XXXVIII - Treatment of Criminals and their Punishment

यस्तु पूर्वनिविष्टस्य तडागस्योदकं हरेत् ।
आगमं वाऽप्यपां भिन्द्यात् स दाप्यः पूर्वसाहसम् ॥२८१॥

yastu pūrvaniviṣṭasya taḍāgasyodakaṃ haret |
āgamaṃ vā'pyapāṃ bhindyāt sa dāpyaḥ pūrvasāhasam ||281||

If a man take away the water of a tank dug in ancient times, or cut off the supply of water, — he shall be made to pay the lowest amercement. — (281)

Medhātithi’s commentary (manubhāṣya):

(No Bhāṣya).

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 365), which adds the following notes ‘Pūrvaniviṣṭasya’, which has been in existence already, i. e, which has been used for bathing, drinking and so forth; — ‘āgama’ the channel by which the tank is filled with water; — he who blocks or obstructs this should be fined with the ‘first amercement

Comparative notes by various authors:

(verses 9.279-281)

See Comparative notes for Verse 9.279.

VERSE 9.282

Section XXXVIII - Treatment of Criminals and their Punishment

समुत्सृजेद् राजमार्गे यस्त्वमेध्यमनापदि ।
स द्वौ कार्षापणौ दद्यादमेध्यं चाशु शोधयेत् ॥२८२॥

samutsṛjed rājamārge yastvamedhyamanāpadi |
sa dvau kārṣāpaṇau dadyādamedhyaṃ cāśu śodhayet ||282||

If one throws filth upon the public road, except in dire necessity, — he shall pay two Kārṣāpaṇas and clean the filth immediately. — (282)

Medhātithi’s commentary (manubhāṣya):

‘Public road’ — the road in the village or town.

‘Filth’ — urine or excreta.

‘Throws’ — gets carried and deposited by a ‘Cāṇḍala.’

‘Except in dire necessity’ — i.e., when he cannot check the force of his evacuation.

He shall have the filth removed either by a hired Cāṇḍāla, or clean it himself. — (282)

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 221); — in Vyavahāramayūkha (p. 97); — in Parāśaramādhava (Vyavahāra, p. 279); — in Aparārka (p. 765); — in Vivādacintāmaṇi (Calcutta, p. 63); — and in Vīramitrodaya (Vyavahāra 143b).

Comparative notes by various authors:

(verses 9.282-283)

Viṣṇu (5.106-107). — ‘If one defiles the highway, or a garden, or the water, he shall be fined a hundred Paṇas; and he must remove the filth.’

Kātyāyana (Vivādaratnākara, p. 222). — ‘If one defiles with an unclean substance, a tank or a garden or a watering place, he should be made to remove the filth and pay the first amercement.’

VERSE 9.283

Section XXXVIII - Treatment of Criminals and their Punishment

आपद्गतोऽथ वा वृद्धा गर्भिणी बाल एव वा ।
परिभाषणमर्हन्ति तच्च शोध्यमिति स्थितिः ॥२८३॥

āpadgato'tha vā vṛddhā garbhiṇī bāla eva vā |
paribhāṣaṇamarhanti tacca śodhyamiti sthitiḥ ||283||

But a person in urgent necessity, an aged person, a pregnant woman, or a child should be reprimanded and the filth should be cleaned; — such is the law. — (283)

Medhātithi’s commentary (manubhāṣya):

‘One in urgent necessity’ — described above.

‘The aged person’ — and others include all those who are unable to go away out of the village.

Blood also is included under ‘filth.’

‘These shall be reprimanded’ — with such words as ‘you shall not do this again, — if you do it yon will be committing a great crime against the king.’ Such words said in an angry tone are what is meant by ‘reprimand.’

‘It should be cleared’, — this is an advice meant for the king; specially if the person who committed the nuisance cannot be discovered. In such cases, the public road shall be cleaned by Caṇḍālas. — (283)

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 765), which explains ‘paribhāṣaṇa’ as ‘reproof’; — in Vivādaratnākara (p. 222), which explains ‘paribhāṣaṇa’ as reprimanding — ‘don’t do this again’ — without punishment, — ‘shodhyam’, i.e., by the person who committed the act under urgent necessity; — in Vivādacintāmaṇi (Calcutta, p. 63), which explains ‘paribhāṣaṇa’ as ‘warning never do so again’ — without any punishment — and in Vīramitrodaya (Vyavahāra 143b).

Comparative notes by various authors:

(verses 9.282-283)

See Comparative notes for Verse 9.282.

VERSE 9.284

Section XXXVIII - Treatment of Criminals and their Punishment

चिकित्सकानां सर्वेषां मिथ्याप्रचरतां दमः ।
अमानुषेषु प्रथमो मानुषेषु तु मध्यमः ॥२८४॥

cikitsakānāṃ sarveṣāṃ mithyāpracaratāṃ damaḥ |
amānuṣeṣu prathamo mānuṣeṣu tu madhyamaḥ ||284||

All physicians dealing dishonestly are liable to punishment; in the case of patients other than human, the lowest, and in that of human patients, the middlemost amercement. — (284)

Medhātithi’s commentary (manubhāṣya):

‘Physicians’ — doctors.

‘Dealing dishonestly.’ — The prescribing of medicines by dishonest practitioners may be done in two ways — (1) it may be due to the man being devoid of theoretical and practical knowledge entirely, or (2) to negligence or greed, even though the knowledge of the science is there.

‘In the case of patients other than human’ — i.e., cows, horses, elephants, and so forth.

‘The first’ — the term ‘amercement’ has to be construed here.

Similarly in the case of human patients, the ‘middlemost amercement.’

But if on account of the dishonest dealing, the patient happen to die, then severe punishment shall be inflicted. — (284)

Explanatory notes by Ganganath Jha:

This verse is quoted in Smṛtitattva (p. 535).

Comparative notes by various authors:

Viṣṇu (5.175-177). — ‘A physician who adopts a wrong method of cure in the case of a patient of high rank should pay the highest amercement; — the middle amercement in the case of an ordinary patient; — and the lowest amercement in the case of an animal.’

VERSE 9.285

Section XXXVIII - Treatment of Criminals and their Punishment

सङ्क्रमध्वजयष्टीनां प्रतिमानां च भेदकः ।
प्रतिकुर्याच्च तत् सर्वं पञ्च दद्यात्शतानि च ॥२८५॥

saṅkramadhvajayaṣṭīnāṃ pratimānāṃ ca bhedakaḥ |
pratikuryācca tat sarvaṃ pañca dadyātśatāni ca ||285||

He who destroys a crossing, a flag, a pole or images, shall repair the whole of it and shall pay five hundred. — (285)

Medhātithi’s commentary (manubhāṣya):

‘Crossing’ — the contrivance by way of which people cross over waterways.

‘Flag’ — i.e., the white piece of cloth, which serves as the insignia of Royalty and of Councillors.

‘Pole’ — in temples; similarly ‘images’ — installed in temples.

‘He shall repair it’ — i.e., restore it to its original condition. — (285)

Explanatory notes by Ganganath Jha:

‘Yaṣṭi’. — ‘The flag-staff of a village’ (Nārāyaṇa); — such poles as stand in tanks and other places’ (Kullūka).

‘Pratimā’. — ‘Statues of men, the penalty for breaking the image of gods being death’ (Nārāyaṇa); — ‘common images made of clay and so forth’ (Kullūka).

This verse is quoted in Vivādaratnākara (p. 363), which adds the following notes: — ‘Saṅkramaḥ’, bridge built of wood and other materials for crossing over water, which is commonly known as ‘Sāṅkham’ (V. L. Sāṇk); — ‘dhvaja’, that which marks a temple or such other places; — ‘Yaṣṭi’, planted in market-places or tanks or houses; — ‘pratimā’, images of gods, — ‘pratikuryāt’, should restore to its former position.

It is quoted in Aparārka (p. 822); — in Vivādacintāmaṇi (Calcutta, p. 101), which adds the following notes — ‘Saṅkrama’ is what is known as ‘Sākama’, ‘dhvaja’ is the garuḍa-dhvaja and like things dedicated to some deity, — ‘yaṣṭī’ is the post marking a market-place, — ‘pratimā’, image of some deity, — one who breaks any one of these things should be fined 500; — and in Prāyascittaviveka (p. 247).

Comparative notes by various authors:

[See Texts under 280.]

Viṣṇu (5.174). — ‘He who sells forbidden food, or food which must not be sold, and he who breaks the image of a deity, shall pay the highest amercement.’

VERSE 9.286

Section XXXVIII - Treatment of Criminals and their Punishment

अदूषितानां द्रव्याणां दूषणे भेदने तथा ।
मणीनामपवेधे च दण्डः प्रथमसाहसः ॥२८६॥

adūṣitānāṃ dravyāṇāṃ dūṣaṇe bhedane tathā |
maṇīnāmapavedhe ca daṇḍaḥ prathamasāhasaḥ ||286||

For adulterating unadulterated commodities, and for breaking or wrongly boring gems, the punishment shall be the first amercement. — (286)

Medhātithi’s commentary (manubhāṣya):

When one, with a view to making a profit, adulterates a commodity, which, by itself, is quite pure — e.g., when the dealer in grains mixes straw and dust with grains harvested quite clean; or when one adulterates saffron and other such substances with foreign substances.

‘Gems’ — Pearls and the rest.

‘Breaking’ — into pieces.

‘Wrongly boring’ — i.e., boring at a place where boring should not be done. ‘Apavedha’ — is also derived from the root ‘vyadh’, to pierce; the denotation of verbal roots being manifold.

Gems are classed as ‘good,’ ‘bad’ and ‘indifferent;’ and the punishment shall be regulated in accordance with the class to which the gem in question may belong; in the case of ‘indifferent’ gems, the fine shall consist of the ‘middlemost amercement,’ and in that ‘good’ ones it shall consist of the ‘highest amercement’ — (286)

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 362), which adds the following notes: — For spoiling unspoilt articles by adulterating them with defective articles, — for boring such gems as are broken by the boring, — and for the wrong boring of pearls and such gems, — the fine is the ‘first amercement’.

It is quoted in Aparārka (p. 821); — and in Vivādacintāmaṇi (Calcutta, p. 100).

Comparative notes by various authors:

(verses 9.286-287)

Viṣṇu (5.124). — ‘The highest amercement shall be paid by one who sells adulterated commodities.’

Yājñavalkya (2.245-246). — ‘If one adulterates with inferior substances, such commodities as medicines, oils, salts, perfumes, grains and molasses, shall be fined 16 Paṇas. — In the case of such commodities as skins, earthen-ware, gems, yarns, iron, wood, tree-bark and cloth, if one sells by misrepresenting the quality, he should he made to pay a fine eight times the value of the commodity sold.’

Bṛhaspati (Aparārka, p. 826). — ‘If one, by polishing up a cheap article to look like a valuable article, cheats women and children, he should he lined in accordance with the nature of the article concerned. Those who make and sell artificial gold, pearls or corals should be made to refund the price to the buyer and pay to the King double the amount as a fine.’

Do. (Vivādaratnākara, p. 297). — ‘If one sells commodities adulterated with articles whose defects are concealed, or burnished up so as to look new, should be made to pay double the price to the buyer, and also an equal amount as fine.’

VERSE 9.287

Section XXXVIII - Treatment of Criminals and their Punishment

समैर्हि विषमं यस्तु चरेद् वै मूल्यतोऽपि वा ।
समाप्नुयाद् दमं पूर्वं नरो मध्यममेव वा ॥२८७॥

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