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

266 VYAVAHĀRAMAYŪKHA [ S. XIX. 2-6
M. p. 149 l.24-p. 150 l.12
The same author ( Bṛhaspati p 866 v 9 ) prescribes the punishment
for the three kinds of adultery viz lowest middling and highest :
For these three ( gradations of adultery ) the first middling and highest
fines shall be inflicted respectively even higher fine may be awarded if
( enjoyment is had ) forcibly in a lonely place¹
•Manu ( VIII. 354 ) lays down the punishment for a vicious man having
a talk with the wife of another man
If a man engages himself in a conversation with the wife of another
when he had already been accused of ( similar ) offences ( with regard to
her ) he shall undergo the first amercement ²
In regard to conversation between a man and woman who have been
both forbidden ( to talk ) by their parents and the like Yājñavalkya ( II 285 )
says
A woman ( talking ) after being forbidden should be fined a hundred
paṇas while the man should be fined two hundred when there is prohibi-
tion ( addressed ) to both the punishment for both is the same as in
adultery
The first half of the verse refers to prohibition ( addressed ) to each
separately while the latter half to prohibition addressed to both Yājñavalkya
( II. 286 ) states the punishment for intercourse brought about by mutual
desire
When ( the adultery is ) between members of the same caste the
highest amercement is the penalty for an anuloma intercourse (adultery
with a woman of a lower caste ) the middling amercement ( is the penalty )
but for pratiloma intercourse (adultery with a woman of a higher caste )
death ( is the penalty ) for the male and the lopping off of the ears and other
limbs in the case of the woman ³
Kātyāyana says
In the case of all offences women should pay half of the monetary punish-
ment which is prescribed for a male, when ( the punishment ) for the male
is death, ( the punishment for women ) would be cutting off a limb
With regard to intercourse with a brāhmaṇa woman leading a loose life
Manu ( VIII 378 ) says
He would be liable to a fine of five hundred for intercourse with a
consenting woman.
1 The threefold grades of adultery are made as regards anurāga ( vide Bṛ p 865
vv 2, 5-8 ) Therefore the fourth quarter as read in the text is irrelevant and the reading
+draviṇādhike of Aparārka and others is better It means higher fine may be inflicted
on a rich man.
2, But there was no objection to talk with another's wife for a reasonable cause and
if there had been no previous charge. Vide Manu VIII 355.
3, The Mit. construes this verse differently Vide notes to V M. pp. 426-427
P 246 ( text )