The History of Antiquity, Vol. 4 (of 6)Duncker, Max
History
The History of Antiquity, Vol. 4 (of 6)
Duncker, Max
History, Ancient
Adultery is in some cases threatened with very heavy penalties by the
law. But here also the Brahman, when guilty, escapes with the least
punishment, and the severest threats are directed against the members of
the lower castes who have seduced a Brahman wife. If a Brahman commits
adultery of the kind, which in the members of other castes is punished
with death, he is to be shaven as a mark of disgrace, and the king must
banish him out of the land; but his property is not to be taken from
him; he may depart unharmed beyond the borders. But if Kshatriyas and
Vaiçyas commit adultery with a Brahman woman of good family, they are to
be burnt, and the woman is to be torn to pieces by dogs in a public
place. As in these rules for punishment two views are intermixed, we can
only ascertain that the later conception permits milder punishment in
the case of wives who are not watched. If a Brahman has a criminal
connection with a wife that is watched with her consent he must pay 500
panas, if against her consent, 1000 panas. If a Kshatriya has a similar
connection with a Brahman woman who is watched, he is to be drenched
with the urine of asses and pay 1000 panas. A Vaiçya is to be imprisoned
for a year, and lose his whole property. If the wife was not watched,
the Kshatriya pays 1000 panas, the Vaiçya 500 panas.[330] The Çudra who
is guilty of adultery with the wife of a Dvija must die, if she was
watched; if not, he loses his sexual organs.
Every approach to the wife of another man is looked on as equivalent to
an adulterous inclination. Secret conversations in pleasure-gardens or
in the forest, the sending of flowers and perfumes, and still more any
touching of a married woman, or suffering oneself to be touched by her,
or joking or playing with her, are proofs of adulterous love. Even the
man who speaks with the wife of another, if a beggar, minstrel,
sacrificer, cook, or artisan, is to be fined. The violation of a virgin,
and the attempt on the part of a man of lower caste to seduce a virgin
belonging to a higher caste are to be punished with death.
Public-domain text, read in full here on John Shaqi.
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