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...

Verse 8.61 [Evidence]

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

यादृशा धनिभिः कार्या व्यवहारेषु साक्षिणः ।
तादृशान् सम्प्रवक्ष्यामि यथा वाच्यं ऋतं च तैः ॥ ६१ ॥

yādṛśā dhanibhiḥ kāryā vyavahāreṣu sākṣiṇaḥ |
tādṛśān sampravakṣyāmi yathā vācyaṃ ṛtaṃ ca taiḥ || 61 ||

I shall declare now what sort of persons should be made witnesses in suits by wealthy men, and how the truth should be told by them.—(61)

 

Medhātithi’s commentary (manubhāṣya):

The verse introduces the section dealing with witnesses.

What sort of persons’—i.e., of what, castes and with what qualifications.

Wealthy men’—creditors.

Suits’—dealing with money-transactions.

I shall describe now what sorts of witnesses shall he adduced; and also how the truth should be told by them, when questioned,—this also I shall explain.—(61)

 

Explanatory notes by Ganganath Jha

This verse is quoted in Vyavahāra-Bālambhaṭṭī (p. 256);—and in Smṛticandrikā (Vyavahāra, p. 173).

 

Comparative notes by various authors

(verses 8.61-63)

Baudhāyana (1-19.13).—‘Men of the four castes who have sons may be witnesses, excepting Śṛotriyas, the King, ascetics and those destitute of human intelligence.’

Viṣṇu (8.8).—‘Descendants of a noble race, who are virtuous and wealthy, sacrifices, zealous in the practice of religious austerities, having male issue, well versed in the holy law, studious, veracious, acquainted with the three Vedas and aged—shall be witnesses.’

Yājñavalkya (2.68.69).—‘Persons devoted to austerities, charitable, of noble families, veracious, heedful of righteousness, straightforward, with sons, wealthy, devoted to acts prescribed in the Śruti and in Smṛtis;—such persons shall be witnesses;—they shall be at least three in number; the caste of the witnesses being consonant with the caste of the parties; or members of all castes may be witnesses for all eases.’

Bṛhaspati (7.16).—‘There should be nine, seven, five, four or three witnesses; or two only, if they are learned Brāhmaṇas, are proper; but let him never examine an only witness.’

Gautama (13.2.3).—‘Witnesses shall be many, faultless as regards the performance of their duties, worthy to be trusted by the King, and free from affection for, or hatred against, either party;—they may be even Śūdras.’

Bṛhaspati (7.28),—‘Those may be witnesses who are in the habit of performing religious acts enjoined in the Vedas and Smṛtis, free from covetousness and malice, of respectable parentage, irreproachable, zealous in austerities, liberal and sympathetic.’

Āpastamba (2.29.7).—‘A person possessed of good qualities may be called as a witness, and he shall, answer the questions.’

Vaśiṣṭha (16.28).—‘Śrotriyas, men of unblemished form, of good character, men who are holy and love truth, are fit to be witnesses;—or men of any caste may give evidence regarding men of any other caste.’

Nārada (1.153-154).—‘The witnesses shall be of honourable family, straightforward and unexceptionable as to their descent, their actions and their fortunes. They shall not be less than three in number, unimpeachable, honest and pure-minded. They shall be Brāhmaṇas, Kṣatriyas or Vaiśyas or irreproachable Śūdras. Each of these shall be witness for his own order; or all of them may be witnesses for all.’

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