व्यवहारमयूख (नीलकण्ठ भट्ट - पश्चिमी भारत की हिन्दू न्याय-संहिता एवं व्यवहार कोष)

S. XV, 18-XVI, 1.2. ] BOUNDARY DISPUTES 251
M, p. 187 l.10-p. 188 l. 2 ]
but which had become dilapidated, without the permission of the owner,
he shall not have the (use and) profit thereof.
Vyāsa says :
He who having taken a field does not himself cultivate it nor causes it
to be cultivated by another should be made to pay to the owner of the land
its produce and a fine equal in value to the king ¹
‘S'adam’ means ‘as much crop as it was possible to raise from the
field.’
Here (ends the section) on boundary disputes.
Now (begins the section on) Abuse.
*Bṛhaspati (p 355 vv. 2-4.) says :
That is said to be abuse of the lowest degree when the country, village,
the family or the like of a man is abused or sinfulness is ascribed (to a man)
without specifying any definite act (or object).² Speaking of one’s
(the abuser's) connection with the sister or mother (of the abused), or
ascription of minor sins (to the abused), is termed abuse of the middling
sort by those who are learned in the S'āstras.³ Charging a man with
taking forbidden food or drink, or taxing him with (the commission of)
mortal sins, mercilessly exposing a man’s weakest point—this is termed
abuse of the highest degree ⁴
‘Dravyam vinā’ (in the first verse) means ‘without specifying any
definite object,’ that is, it is merely a verbal abuse, ‘abhighattanam’ means
‘exposing’ (or divulging) Visnu (Dh S V. 35) says ‘For abuse of one of the
same class (as the abuser) a man should be fined twelve panas.’ In another
smṛti it is said :
When two parties have been guilty of abuse (insult) and both have begun
(to quarrel or abuse) at the same time, both shall undergo the same punish-
ment, if no differentiation is apparent (in respect of their culpability).⁵
Nārada (p. 208 v. 9) says :
He who is the first to offer an insult is decidedly to blame; he who
returns the insult is also a wrong-doer; but the one who is the first (i e.
who began) shall undergo the heavier punishment ⁶

1. Compare Yāj. II 158.
2. Compare Nārada p. 207 v 1.
   3 Vide Manu XI, 59-66 and Visnu chap. 37 for upapātakas
3. For mahāpātakas vide Manu XI. 54
4. This is Nārada p 208 v. 8.
5. ‘Āksārayet’ means ‘one who falsely charges with the commission of a sin,’

• P, 227 (text).