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

252 VYAVAHĀRAMAYŪKHA [S. XVI 1.8-6
[M. p. 188 ll. 2-82
Manu (VIII 267) says
One defaming (or abusing) a brāhmaṇa shall incur the fine of a
hundred paṇas if he be a kṣatriya, if a vaiśya a hundred and fifty or two
hundred, but if a śūdra he shall be liable to corporal punishment.¹
*Bṛhaspati (p 356 v 7) says
For a brāhmaṇa abusing a kṣatriya the fine is fifty, for abusing a
vaiśya half of fifty (i.e. twenty five), for abusing a śūdra twelve and
a half.²
The same author (Bṛhaspati p. 356 v 12) says with reference to a śūdra:
(A śūdra) giving instruction as to the peculiar duties (of the classes
&c.) loudly uttering the Veda or reviling brāhmaṇas is punished by
cutting out his tongue.³
Manu (VIII 275) says
A man accusing his mother, father, wife, (elder) brother, father-in-law
and preceptor (of sin) shall be made to pay a fine of one hundred paṇas,
as also he who does not make way for his preceptor.
Bhrātā means the elder one, since the word is in association with
the father and other (venerable persons). In the Mitākṣarā and other works
it is said that (this punishment is incurred) in the case of the mother and
the rest (even though) they be guilty (of the sin charged) and in the case
of the wife (only) if she be innocent. Yājñavalkya (II 208-209) says
For a verbal threat of injuring the arms, the neck, the eyes or thigh,
the fine shall be a hundred, and a half of it in the case of the foot, nose,
ear, hand or the like. When however a feeble man speaks thus, he should
be fined ten paṇas, so one who is unable (to carry out his words into
execution) should be made to furnish a surety for the safety of the other.
†The same author (Yāj. II 205, 211) says
The king shall compel a man to pay a fine of twenty five paṇas who
abuses another by saying "I shall have carnal intercourse with your
sister or mother". For abuse of brāhmaṇas learned in the three Vedas,
of the king and of gods the fine is the highest amercement.
Nārada (p. 210 v. 21) says
One who calls an outcast an outcast or a thief a thief is equally
criminal (with those whom he charges) on account of the texts to that

1. 'Vadha' is frequently used in the sense of corporal punishment. Vide Manu VIII
   129 where we have dhanadaṇḍa and vadhadanda. Mandlik translates vadha by death
   here. But this is too drastic a sentence, since Manu VIII. 270 prescribes only cutting the
   tongue. Vide also Bṛhaspati a little below.
2. Compare Gautama XII. 8-10. As each succeeding fine is half of each preceding it
   is better to take 'ardhatrayodaśa' as 12½ and not 13½ (in spite of the Mit. on Yāj. II 201).
   Vide text P. 219 'ardhatrayodaśapaṇaḥ' and note thereon above.
3. Compare Gautama XII 4; Āp. Dh. S. II 10, 27, 14.

• P. 223 (text). † P. 223 (text)