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

S. XIX. 11-13 ] ADULTERY 269
M. p. 152 ll 7 30 ]
Intercourse is permitted with a wanton woman who belongs to another
than the brāhmaṇa caste, or with a prostitute, a female slave or a female
who has left her family, if these belong to a lower caste; but intercourse
is not permitted with (such) women if they belong to a higher caste.
When, however, such women are kept mistresses (of another man) inter-
course with them is as culpable as with another's wife ¹
The word 'abrāhmaṇī' is an attribute of the word 'svairiṇī'; svairiṇī
means 'one who is independent and has free intercourse with men'; 'niṣ-
kāsinī' is 'a woman who has left her family and has free intercourse with
men.' Yājñavalkya (II. 291) says
If a man has connection with an antyā (untouchable) woman he should
be branded with an obscene mark and banished, similarly a śūdra is
liable to be branded only if he does the same, but if an antya (untouch-
able) have intercourse with an āryā woman death (is the penalty).²
'When the sexual intercourse is wilfully brought about by a woman,
(she being the aggressor) Nārada³ states the punishment for her :
When a woman comes to a man's house and has intercourse with him
after exciting his passion by touching him and the like acts, she should be
punished⁴ and half of her punishment should be inflicted on the man.
Yama prescribes the punishment for women of the brāhmaṇa and other
castes for intercourse with śūdra males or the like :
The king should have that woman devoured by dogs at the place of
the executioners (cāṇḍālas), who, being overpowered by passion, seeks
a śūdra (for intercourse)⁵ That brāhmaṇa woman who resorts to a
vaiśya or kṣatriya (for intercourse) would have her head shaved and shall
be marched on an ass (through the streets)
'Vṛṣala' means 'a śūdra', 'vadhyaghātināḥ' means 'executioners';
the meaning is 'at the place where executioners live'. In the Candrikā
(Smṛti-candrikā) it is said that this fine is inflicted for excessive attachment
(to the paramour) Yājñavalkya (II 283) declares the means of determin-
ing (the fact of) adultery :
A man is to be held (caught) as guilty of adultery by the fact of his
caressing the hair of another's wife or by fresh signs of lust or by the con-
fession of both

1. 'Niṣkāsinī' is explained as 'a female slave not restrained by her master' by
   Mādhavācārya and others The Mayūkha follows the Madanaratna.
2. 'Āryā' woman means 'a woman belonging to the three higher castes' Āp Dh. S
   II. 2. 3. 1 and 4 distinguishes between Ārya and Śūdra The Mit and Vir. read
   'antya eva' which means that the śūdra would himself become an antyaja. The force of
   'eva' is this that he is not liable to be punished.
3. This is Br p 367 v 15
4. Her punishment would be the same as is prescribed for a male who makes the first
   overtures.
   5 Compare Gautama XXIII, 14 and Manu VIII, 371.

• P. 250 (text)