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

$\left.{l}S. ABH. 1
\ M. p 155 ll 3 31\right]$ MISCELLANEOUS MATTERS 273
and birds (like pigeons and parrots) are killed. $^$Five māsas is the fine
for one who kills an ass, goat or sheep $^1$ The fine is one māsa for killing
a dog or hog.
It is to be understood that this fine (was to be paid) after paying to
the owner the price of the animal killed. Yājñavalkya (II. 301) says
He who charges the paramour (of a woman in his family) as a thief
should be made to pay a fine of five hundred and he who lets him off after
taking money from him should be fined eight times that (money)$^2$
'Upajīvya' means 'having received.'
The king should banish, after cutting out his tongue, that man who pro-
nounces an imprecation of misfortunes on the king or who runs down the
king or who divulges the king's secret counsels (Yāj. II 302).
'Aniṣṭam' means 'death and the like'; ākrośah means such things
as saying 'may you lose the kingdom'. Manu (IX 275) says:
Men who rob the king of his treasure, men who obstinately oppose his
commands and those who are in league with his enemies should be punished
by various modes of punishment.
Yājñavalkya (II. 303) says
The punishment for him who sells what was on a dead body, likewise
for him who strikes his preceptor, and, for him who seats himself on the
king's vehicle or throne is the highest amercement.
'Mṛtāṅgalagnam' means 'the clothes and the like on dead body.'
The same author (Yāj II 304) says
The punishment for him who puts out both eyes of a man, for him who
obeys one that is hated by the king and for a śūdra who makes his liveli-
hood by passing himself off as a brāhmaṇa is a fine of eight hundred.$^3$
$^\ddagger$The meaning is (the fine) for one who puts out both eyes, who
does an act forbidden by the king and for a śūdra who makes a living by
the mode of life of a brāhmaṇa. In the Mitākṣarā a smṛti is quoted to the
effect that if a śūdra put on the sacred thread for securing a meal at a
śrāddha he should have imprinted on his body with a heated rod a line
resembling (the position of) the sacred thread. The same author (Yaj. II.
305-306) states the punishment for those who wrongly decide litigations
1 Kullūka explains that the fine was five silver māsakas (and not of gold) A silver
māsa was equal to two kṛsnalas. Vide Manu VIII 135.
2. Both Mit and Aparārka explain that he who through fear of infamy to his family
or in order to save from publicity the reputation of his women says of a paramour that
he was a thief was to be fined
3 'Rājadvistādeśakṛt' is explained by the Mit. as one 'who being an astrologer
(and not an elderly relation or friend of the king) makes a prophecy of impending misfortune
as to the king If a śūdra, in order to secure a meal, wears the sacred thread and the like
he was to be punished.
$^$ P 254 (text). $^\ddagger$ P. 255 (text)
V M 35