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

S. XIX. 6-7.
M. p.150 l. 12-p. 151 l. 8 ] ADULTERY ' 267
*This refers to a woman of the same caste The same author (Manu VIII.
385) says as regards anuloma intercourse with women of loose character:
A brāhmaṇa having intercourse with a kṣatriya or vaiśya woman who
is unguarded or with a śūdra woman should be fined five hundred panas
and a thousand panas if he has intercourse with a woman of the antyaja
class.¹
As to the text of Manu (VIII 383) 'a brāhmaṇa should be made to pay
a fine of a hundred panas, if he has intercourse with guarded women of the
two classes (kṣatriya or vaiśya),' it refers to a chaste woman. Manu
(VIII. 374) declares the punishment of a śūdra for intercourse with a woman
of a higher caste :
A śūdra having intercourse with a woman of the twice-born classes
whether guarded or not shall lose the (offending) limb and his whole estate
when the woman is unguarded and loses everything (including life) if the
woman is guarded.
The meaning is. a śūdra having intercourse with an unguarded woman
of the twice-born class is liable to have his penis cut off and all his property
confiscated, but if he has intercourse with a guarded woman he incurs the
confiscation of all his property and death. Gautama (XII. 2-3) says 'for
adultery with the wife of the preceptor, the man's penis will be cut off and
his whole property will be confiscated, and if the woman be guarded, there
is the additional (penalty of) death.' Manu (VIII 376) says
'When a kṣatriya and vaiśya have sexual intercourse with a brāhmaṇa
woman, who is unguarded, the vaiśya shall be fined five hundred, but the
kṣatriya one thousand.²
The same author (VIII 377) says
✝Both of them (kṣatriya and vaiśya) however, if they commit adultery
with a guarded brāhmaṇa woman, should be punished like a śūdra³ or be
burnt in a fire of dry grass.
The same author (Manu VIII 382) says :
If a vaiśya has intercourse with a guarded woman of the kṣatriya class
or a kṣatriya has intercourse with a vaiśya woman (who is guarded), both
of them deserve the same punishment that is awarded (for intercourse)
with an unguarded brāhmaṇa woman.
The meaning is that the fine is what is inflicted for intercourse with an
unguarded brāhmaṇa woman Vasiṣṭha (21. 3--5) says 'if a kṣatriya has inter-
course with a brāhmaṇa woman, (the king) shall throw him into fire after'

1. Antyaja woman would be a woman of the untouchable classes such as leather
   workers, cāṇḍālas &c Vide notes to V M p 27
2. Read 'yadāguptāṁ' (yadā+aguptāṁ) in the text.
3. i e. with the loss of the penis, all property and life.

• P. 247 (text). ✝ P. 248 (text).