1. In Manusmriti chapter 9, there is discussion about what the texts call Mahapatakas- great crimes that brings upon great Paapam (karmic demerit) to the performer and causes injury to society. These include murder, stealing, adultery, etc.
2. In this context Manu says that the perpetrators if they refuse to perform expiation, they must be banished after confiscating all their property.
In this context, the text adds following verses:
In this context, the text adds following verses:
3. King shall not appropriate property of man guilty of heinous crime; if, through greed he takes it, he becomes tainted with that guilt—9.243
He shall deposit such property in water & offer it to Varuṇa or bestow it on a Brāhmaṇa endowed with Vedic learning and character—9.244
He shall deposit such property in water & offer it to Varuṇa or bestow it on a Brāhmaṇa endowed with Vedic learning and character—9.244
4. The text advices king to not use wealth thus confiscated from these criminals & instead offer it to deity Varuna or to a Brahmana learned in Veda.
Now question is when such wealth should not be used by a King because it is tainted with guilt, how can a Brahmana use it?
Now question is when such wealth should not be used by a King because it is tainted with guilt, how can a Brahmana use it?
5. Modern commentators will see this as a Brahminical effort to appropriate property for personal purpose what rightfully should belong to King/State. But such a view however believable it may appear, it does not explain the text as it is presented to us.
6. The text clearly says that the wealth of these criminals are karmically tainted by their Adarmic actions and as such if King or anybody for that matter were to acquire that wealth they also will become associated with that karmic demerit.
7. It is as a solution to this problem, namely what to do with such confiscated wealth that Manu gives the solution of offering it to Varuna or to Brahmanas.
Regarding the reasoning behind the solution, Manu itself explain thus:
Regarding the reasoning behind the solution, Manu itself explain thus:
8. 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 whole world.—(9.245)
Portion about Varuna is self explanatory. Ishvara is all purifying+ never tainted, so offering to him is meaningful.
Portion about Varuna is self explanatory. Ishvara is all purifying+ never tainted, so offering to him is meaningful.
9. But what about Srotriya( learned in Veda) Brahmana ?
The reasoning the text gives is he is the leader of whole world? But what does it mean? How is that relevant?
To understand this, we must turn to Chapter 1 of the text where we find following verses:
The reasoning the text gives is he is the leader of whole world? But what does it mean? How is that relevant?
To understand this, we must turn to Chapter 1 of the text where we find following verses:
10. In matters regauding ‘Dharma’, the Brāhmaṇa is the Lord of this whole world;—because he sprang out of the best part of (Prajāpati’s) body, because he is the eldest ok all, and because he upholds the Veda.—(1.93)
11. Him the Self-existent one, after performing austerities, created, in the beginning, out of his own mouth, for the conveying of offerings (to the gods) and of oblations (to the Pitṛs), and for the preservation of this entire creation. (1.94)
12. What being is superior to him through whose mouth gods always eat offerings and the Pitṛs the oblations?-1.95
The very genesis of the Brāhmaṇa is the eternal incarnation of Virtue; for he is born for the sake of Virtue; and this (birth) leads to the state of Brahman-1.98
The very genesis of the Brāhmaṇa is the eternal incarnation of Virtue; for he is born for the sake of Virtue; and this (birth) leads to the state of Brahman-1.98
13. The Brāhmaṇa, on coming into existence, becomes supreme on earth; he is the supreme lord of all beings, serving the purpose of guarding the treasure of Virtue. (1.99).
To State briefly, Brahmanatva or state of Brahmana is a ritualistic condition.
To State briefly, Brahmanatva or state of Brahmana is a ritualistic condition.
14. Brahmana is associated with Dharma & perform a ritualistic function through which he uphold universe. His lordship is not due to Artha-Kama (political/financial power) but in his Dharmic/ ritualistic function. Here being a Srotriya/learned in Veda is necessary qualification.
15. Tying up all these, we can conclude that the reason that the wealth confiscated from criminals is advised to be offered to Brahmana is not because he is beyond the taint of Papam.
16. Instead, it is because it is part of his ritualistic function in society and as such he is endowed with means to get rid of such Karmic taints that he may incur due to receiving tainted wealth of criminals as donation from King.
17. This means that he possess is his Strotriyatva- Vedic learning and associated austerity and lifestyle practices that allow him to expunge himself from all such Karmic taints.
18. It is only when we discard nuances that the text itself imparts to us that we will be forced to come up with innovation (or rather perverse) interpretations such as Brahminical conspiracy. Unfortunately, the latter has become the norm in contemporary study of Dharmashastra.
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