Hindu Law and Judicature from the Dharma-Sástra of YájnavalkyaYajñavalkya
Religion
Hindu Law and Judicature from the Dharma-Sástra of Yájnavalkya
Yajñavalkya
Hindu law
sl. 231. To debauch a friend's wife, a maiden, a sister, a woman of
the lowest grade, a female relative, a son's wife,--these [sins] are
recorded as equivalent to violation of a _guru's_ bed.
sl. 232. To debauch a father's sister, or a mother's, the wife of a
maternal uncle, a daughter-in-law, a step-mother, the sister or
daughter of an _áchárya_,
sl. 233. or his wife, or one's own daughter,--these are equal to
violation of a _guru's_ bed. The penalty is death, the pudenda [of the
criminal] being previously amputated. A like doom is for the woman, if
she consented.
See Manu, ch. 9, sl. 235; ch. 11, sl. 54--58, sl. 170--180.
As to the _guru_ and _áchárya_, the following is the 34th sloka of
Yájnavalkya's first book:--He is a man's _guru_, who, after going
through the ritual, imparts to him the Veda: he is _áchárya_, who
invests with the sacred cord and then imparts the Veda.]
[Footnote 156: Manu, ch. 8, sl. 89 &c.]
[Footnote 157: _guni_, referring not merely to personal qualities or
eminence in virtue, but to possession of wealth, sons, and learning:
so explained by the Commentator.]
[Footnote 158: Manu, ch. 8, sl. 73.]
[Footnote 159: The Commentator explains this to refer to the fine
which would be payable on failure (supra sl. 11).]
[Footnote 160: out of the realm. (_M._) Manu, ch. 8. sl. 119-124.]
[Footnote 161: supra, sl. 73.]
[Footnote 162: The Commentator adds--If the bráhmaṇ, or any of the
other casts, cannot pay the fine, he must suffer imprisonment and the
labour proper to his cast. He explains the enormity of the offence
described in this sloka to consist in the contempt of Court.]
[Footnote 163: _i. e._ if, by such untruth, the death be averted. If
from testimony either way, the alternative of the death of the
plaintiff or defendant must ensue, the witness should maintain
silence, the monarch assenting. In case the monarch do not assent, the
testimony may be rendered of no avail by confusing the witness: if
this cannot be effected, then let the truth be spoken; for by so doing
one fault only is incurred, _viz._ causing the death, whereas from
untruth would arise the sin of it as well as of the death. (_M._)]
[Footnote 164: Manu, ch. 8, sl. 104, 105.]
[Footnote 165: &c. _i. e._ his property, tribe, calling, customs, &c.
(_M._)]
[Footnote 166: Manu, ch. 8, sl. 168.]
[Footnote 167: literally "by three only," explained by the Commentator
as above rendered.]
[Footnote 168: the Commentator considers the &c. here to signify,
testing the handwriting of the writers or amanuenses employed.]
[Footnote 169: _i. e._ consideration of place, time, and persons
connected with possession of the document. (_M._)]
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