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

44 VYAVAHĀRAMAYŪKHA
The (ordeal of) balance (is prescribed) for women, minors, old men,
the blind, the decrepit, brāhmaṇas and the diseased; fire or water (ordeal)
is prescribed for (Kṣatriya and Vaiśya respectively) and for s'ūdra
seven yavas of poison.
Strī means (any woman) without reference to caste, age or any particular
condition. bāla means a person of the age of sixteen and also of any caste;
an old man is one who is beyond eighty years of age. Balance alone out of the
several ordeals is prescribed for a brāhmaṇa at times which are common to
all divyas as detailed later ¹ but when it is the proper time for fire and other
ordeals, they also can be administered (to brāhmaṇas). It is hence that
Pitāmaha says:
Clearing off (from guilt) by means of the ordeal of kośa is prescribed
for all the (four) varṇas (principal castes). All these (nine ordeals)
are proper for all persons, but not poison (ordeal) for a brāhmaṇa.
The Kālikā-purāṇa says:
For the last of the varṇas ² (i. e. for the s'ūdra) should be offered
(the ordeal of) the heated golden māṣa.
Nārada (p. 101 v. 255 and p. 118 vv. 313-315 for last four verses) says:
(The judge) should always examine by (the ordeal of) balance eu-
nuchs, those devoid of courage (or mettle), those whose minds are in
distress on all sides, minors, old men, diseased persons and women.
*Poison is not prescribed (as an ordeal) for women nor water; (the
judge) should consider the hidden truth about them by means of the
balance, the kośa and the like. Clearing (of guilt) by water is not
prescribed for those who are diseased (or distressed), nor poison for those
who suffer from biliousness; the ordeal of fire is not prescribed for those
who suffer from white leprosy, who are blind and who have bad nails.
Women and minors are not to be plunged (in water as an ordeal) by
those who know dharmaśāstra, and also those who are diseased, old or
weak. (The judge) should not plunge in water those who are devoid
of energy, who are ground by disease and those who are distressed; if
they plunge in water they might die at once since they are known to have
little vitality; these should never be plunged in water (as an ordeal),
though they come (before the court) charged with heinous crimes; nor
should (the judge) cause them to carry fire (as ordeal), nor should he
clear them with poison.
115. Vide the verse of Pitāmaha quoted below "Caitra...... these are the months
common &c.
116. According to the Vīr., varṇāntya means one who borders on the varṇas i. e.
a Mleccha.
P. 43 (text)