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

46 VYAVAHĀRAMAYŪKHA
20 (The judge) should prescribe the proper (ordeal). When it is
positively known that a person at one time was guilty of patricide or of some
mortal sin and subsequently (he is charged with another crime) and
it is doubtful (whether he committed it) even in such case the same author
(Kātyāyana) says that an ordeal must be performed by such a person
through a substitute alone.
"In case of those who are guilty of killing their mother father a brā-
hmaṇa a teacher (or elder relative) an old man a woman and a
minor, particulary in the case of those who are guilty of committing one
of the great sins and who are atheists, in the case of those who wear
heretical sect marks, in the case of lascivious women and of those who
are experts in magic spells and yogic practices, in the case of those who
are born of the mixture (or confusion) of castes and those who are
habitual sinners, when these people are charged again with those very
reprehensible crimes the king who is devoted to dharma should take
care not to prescribe an ordeal for them (to be undergone in their own
persons). (The king) should prescribe an ordeal to be undergone by
worthy persons appointed by these very (sinners). Where worthy persons
cannot be found (willing to undergo an ordeal for them) they should be
cleared by their own people (i. e relatives should undergo the ordeal for
them)¹
Svakaiḥ means by their relatives.
Now as to the time (for an ordeal) Pitāmaha says
Caitra Mārgaśiras and Vaiśākha, these are months common (to all
ordeals) and not contrary to them. The balance (ordeal) is declared
to be (proper) for all seasons but it should be avoided when the wind
is blowing. The fire (ordeal) is declared to be proper in the seasons of
śiśira hemanta and varṣā (rain). Water (ordeal) is proper for
śarad (autumn) and grīṣma (summer) and poison in hemanta and
śiśira (i. e. December to March).
The express mention of hemanta and śiśira for the poison ordeal serves
to indicate other seasons also (i. e. it is merely illustrative and not exhaus-
tive) since it will be declared below "In the rainy season the quantity (of
poison to be administered in ordeal) is only four yavas" (Nārada p 116 v
324). Nārada says
Kośa (ordeal) may be offered at any time and the balance also at
all seasons.

1. The verse does not absolutely prohibit the prescribing of an ordeal for these men;
   what is forbidden is that they are not to undergo an ordeal in their own persons, but
   through a substitute appointed by them.
   P. 50 (text).