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Manusmriti with the Commentary of Medhatithi

by Ganganatha Jha | 1920 | 1,381,940 words | ISBN-10: 8120811550 | ISBN-13: 9788120811553

This is the English translation of the Manusmriti, which is a collection of Sanskrit verses dealing with ‘Dharma�, a collective name for human purpose, their duties and the law. Various topics will be dealt with, but this volume of the series includes 12 discourses (adhyaya). The commentary on this text by Medhatithi elaborately explains various t...

Sanskrit text, Unicode transliteration and English translation by Ganganath Jha:

अचà¥à¤›à¤²à¥‡à¤¨à¥ˆà¤� चानà¥à¤µà¤¿à¤šà¥à¤›à¥‡à¤¤à¥ तमरà¥à¤¥à¤‚ पà¥à¤°à¥€à¤¤à¤¿à¤ªà¥‚रà¥à¤µà¤•मॠà¥�
विचारà¥à¤� तसà¥à¤¯ वा वृतà¥à¤¤à¤‚ सामà¥à¤¨à¥ˆà¤� परिसाधयेतॠà¥� १८à¥� à¥�

acchalenaiva cÄnvicchet tamarthaá¹� prÄ«tipÅ«rvakam |
vicÄrya tasya vÄ vá¹›ttaá¹� sÄmnaiva parisÄdhayet || 187 ||

In doubtful cases he should try to obtain it without artifice and in a friendly manner; or having ascertained his character, he should settle the matter by gentle means.�(187)

 

MedhÄtithi’s commentary (manubhÄá¹£ya):

(This verse, as also the µþ³óÄåá¹£y²¹ on it is wanting in Mandalik, S, N and I. O.)

 

Explanatory notes by Ganganath Jha

“According to NÄrÄyaṇa, the verse refers to cases where one believes a deposit to be with another but has not made it over himself; according to GovindarÄja and KullÅ«ka, to cases where there may be error. GovindarÄja and KullÅ«ka think that the person who should act in the manner described is the king, and they explain â€�anvicchet by ‘he should decide.â€� NÄrÄyaṇa and RÄghavÄnanda, on the other hand, think that the depositor should act thus.â€â€”Buhler.

This verse has been omitted entirely by MedhÄtithi; neither the verse nor its commentary is found in the Mss.

This verse is quoted in ³Õ¾±±¹Äå»å²¹°ù²¹³Ù²ÔÄå°ì²¹°ù²¹ (p. 94), according to which the verse refers to what the depositors should do; it means that ‘the depository should keep the deposit honestly and lovingly; all the more so if the depositor is found to be a man of thoroughly good character.â€�

It is also quoted in ±Ê²¹°ùÄåÅ›²¹°ù²¹³¾Äå»å³ó²¹±¹²¹ (VyavahÄra, p. 209), which says that this lays down what should be done by the successor of the depositor, if the depository does not of his own accord, surrender the deposit, after the depositor’s death.

 

Comparative notes by various authors

µþá¹›h²¹²õ±è²¹³Ù¾± (12.14).—‘When a dispute arises with regard to a deposit privately made, the performance of an ordeal is ordained for both parties, to establish the facts of the case.â€�

±·Äå°ù²¹»å²¹ (2.11).—‘The rightful owner shall try to recover the deposit amicably, without resorting to stratagems. Or, he shall explore the depositary’s mode of living and cause him to restore it by friendly expostulations.â€�

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