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

256 VYAVAHĀRAMAYŪKHA [ S. XVII. 1 8
[ M. p. 141 L28 p. 142 l.17
cows, elephants and horses, and what belongs to a god a brāhmaṇa or a
king—these are regarded as articles of high value ¹
Here the same author describes open thieves
Traders quacks, gamblers, (corruptible) assessors (and judges)
those who accept bribes cheats those who (profess to) foretell and
interpret portents and fortune, nautch girls (or prostitutes) those who sell
imitations (such as imitation pearls and jewels) (hired servants) refusing
to do their work, those who profess to arbitrate (and make money by favour
ing one side) false witnesses, so also jugglers—these are open thieves ²
Similarly in another smṛti (Nārada p 223 vv 2-3) it is said
Open thieves are those who employ false measures and balances (i e
weights) receivers of bribes, those who are full of tricks, impostors,
women of ill repute (prostitutes) those who manufacture imitations those
who make their livelihood by declaring how a person may bring about his
welfare (i e who sell amulets etc)—these and such like persons are
considered open thieves in this world ³
Bṛhaspati (pp. 360—vv 7 15) says :
A merchant who sells articles after concealing their blemishes or after
mixing (good and bad ones together) or sells (old articles as new) after
repairing them should be made to pay double (the price of) the goods (to
the purchaser) and an equal fine (to the king) ⁴
*That physician who, though unacquainted with drugs and spells and also
ignorant of the true nature of a disease yet takes money from the sick shall
be punished like a thief. Gamblers playing with false dice, nautch girls
those who appropriate to themselves the king s taxes, astrologers and cheats—
these rogues are declared to be liable to fine. Assessors pronouncing an un
just decision also those who live by taking bribes, those who deceive people
that put trust in them—all these should be banished (from the country)
Those who without knowing the lore of stars or portents, yet expound
omens to people should be sedulously punished. Those who, endowing them-
selves with staff and deer⁵ skin, show themselves off to people (as ascetics)
and harm mankind in this disguise should be corporally punished by the

1. Yāj. II. 275 alludes to these three classes of movables, the subjects of theft.
2. These verses are Bṛ p. 360, vv 3-4. Manu (IX 256-257,) divides thieves into two
   classes, prakāśa (open) and aprakāśa (concealed) or pracchanna. Akriyākāriṇaḥ may
   also mean those who set up evidence that is no evidence.
3. Dr Jolly translates 'pratirūpakāḥ as those who walk in disguise but that is
   doubtful. He translates maṅgalādeśa-vṛttayaḥ as those who live by teaching the per-
   formance of auspicious ceremonies. Compare Manu IX. 258-260 for open thieves.
   4 An equal fine may mean equal to the price or it may mean equal to the double
   that is to be paid to the purchaser
4. Vide Baudhāyana Dh. S. II 10 12 and Manu VI 52 for staff and deer-skin being
   two of the peculiar marks of a sannyāsin.
   P 231 (text).