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

268 VYAVAHĀRAMAYŪKHA [ S. XIX. 7 11. , 1 ,
M. p. 151 l. 2-p. 152 l. 6
having tied him up in leaves of sara grass the same (punishment should be
awarded) if a vaiśya has intercourse with a kṣatriya woman and a śūdra,
with kṣatriya or vaiśya woman. Nārada (p 179-180 vv 73-75) says
The mother the mother's sister mother-in-law maternal uncle's
wife, father's sister the wife of a paternal uncle, of a friend and of a
pupil the sister sister's friend daughter-in-law daughter the wife
of a preceptor a woman of the same gotra a woman who has come
for an asylum or refuge, a queen, a female ascetic a nurse any chaste
woman and a female of the highest caste—when a man has intercourse
with any one of these women he is said to have violated the preceptor's
bed for such a crime no punishment other than excision of the penis is,
ordained (in the smṛtis)¹
Yājñavalkya (III 232-233) also says
One who has intercourse with his father's or mother's sister maternal
uncle's wife or his own daughter-in-law or with his step-mother or
sister or his preceptor's wife, or daughter with his own daughter be-
comes a violater of the preceptor's bed His penis should be cut off and
he should be put to death and the woman also (should be put to death)
if she was full of lust (i e a consenting party)
*This punishment is not to be inflicted on a brāhmaṇa, since Bṛhaspati
in his section on brāhmaṇas says
The king should brand with painful punishments a brāhmaṇa who has
started on the path of having intercourse with another's wife and should
banish him One not a brāhmaṇa deserves for adultery any punishment up
to death.
Śaṅkha-Likhita say 'with whatever member of the body an offender
commits an offence that very member of his should be cut off except in the
case of a brāhmaṇa Yājñavalkya (II 290) declares the punishment for a
brāhmaṇa when he has intercourse with a female slave and the like
A man having intercourse with avaruddhā slaves and bhujiṣyās shall
be made to pay a fine of fifty paṇas even when intercourse with them
may be unobjectionable (on the ground of caste &c.).²
Avaruddhāḥ are those that are forbidden by their master to have
intercourse with other men. Nārada (pp 180-81 vv 78-79) says

1. The V R says that mother means step-mother here. It is to be noted that
   intercourse with a female ascetic is put by Nārada on a par with incest. Manu VIII 363
   treats it on a level with intercourse with wives of actors and singers and punishes it lightly
   Vide also Yāj. II. 293 quoted at the end of the section on adultery
2. The text of Yāj. and the Mayūkha thereon are quoted in 48 Cal. 643 I. R. at p. 651
   and in Yeshwantrao v Kashibai 12 Bom 25 at p. 29 n 5. Vide also Muthura v. Esu 4 Bom
   545 at pp. 549-50 According to the Mit. an avaruddhā is one who is ordered by her master
   to stay at home for service and who is forbidden to have intercourse with other males
   while a bhujiṣyā is a concubine kept by the master himself. Vide Bai Nagubai v Bai
   Monghibai L. R. 53 I A. 153=50 Bom 601 at p. 612 for the meaning of avaruddhā.
   P. 210 (text)