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Sanskrit text, Unicode transliteration and English translation by Ganganath Jha:

啶多�傕う啷嵿ぐ啷� 啶椸�佮お啷嵿い啶�啶椸�佮お啷嵿い啶� 啶掂ぞ 啶︵�嵿さ啷堗�溹ぞ啶む�� 啶掂ぐ啷嵿ぃ啶�啶距さ啶膏え啷� 啷�
啶呧�椸�佮お啷嵿い啶�啶權�嵿�椸じ啶班�嵿さ啶膏�嵿さ啷堗ぐ啷嵿�椸�佮お啷嵿い啶� 啶膏ぐ啷嵿さ啷囙ぃ 啶灌��啶�啶む�� 啷� 啷┼キ啷� 啷�

艣奴dro guptamagupta峁� v膩 dvaij膩ta峁� var峁嘺m腻惫补蝉补苍 |
aguptama峁単asarvasvairgupta峁� sarve峁嘺 h墨yate || 374 ||

A 艣奴dra having intercourse with a twice-born woman, protected or unprotected, shall be deprived of his limb and his whole property, in the case of the unprotected woman, and of everything in that of the protected.鈥�(374).

 

Medh膩tithi鈥檚 commentary (manubh膩峁�ya):

鈥�艢奴诲谤补鈥欌赌�i.e., down to the 颁补峁囜笉腻濒补;鈥斺赌�having intercourse鈥欌赌攕exual鈥斺��with a twice-born woman鈥�;鈥斺赌�protected or unprotected鈥欌赌攂y her husband,鈥攕hall be punished according to law.

What shall be the punishment?

If he has intercourse with an unprotected woman, he shall be deprived of his 鈥�limb,鈥� and also of 鈥�his whole property.鈥�

As to the question regarding what he is to be deprived of, the answer is provided by the epithet 鈥�补峁単补蝉补谤惫补蝉惫颈,鈥� which mentions the 鈥�limb鈥� and the 鈥�whole properly鈥�; especially as nothing else is mentioned, and no other thing is specified.

The limb of which he is to be deprived is that with which he has offended.

If he has intercourse with a 鈥�protected鈥� woman, 鈥�he is to be deprived of everything,鈥欌赌� not of only one limb, but of the whole body.

The present verse lays down the amputation of the limb, the confiscation of his entire property, and the inflicting of death, as forms of punishment,鈥攖he sense being that punishment should be inflicted on the man. Says Gautama (12.2):鈥擨n the case of intercourse with women, there should be amputation of the generative organ and also the confiscation of his entire property,鈥攊f she happens to be protected鈥欌赌�(374)

 

Explanatory notes by Ganganath Jha

This verse is quoted in 笔补谤腻艣补谤补尘腻诲丑补惫补 (Vyavah膩ra p. 378), to the effect that when a 艢奴诲谤补 has intercourse with an unguarded woman of a higher caste, his organ is to be cut off and all his property confiscated, and if he has recourse to a guarded woman of the higher caste, he shall suffer death and his entire property shall be confiscated.

It is quoted in 痴颈惫腻诲补谤补迟苍腻办补谤补 (p. 395), which adds the following notes:鈥斺��Dvaij膩tam var峁嘺m鈥�, a woman of the twice-born caste,鈥斺��腻惫补蝉补苍鈥�, having recourse to,鈥斺��补驳耻辫迟补颈办腻峁単补蝉补谤惫补蝉惫墨鈥� (which is its reading for 鈥�补驳耻辫迟补尘补峁単补蝉补谤惫补蝉惫墨鈥�), if the woman is one who is not guarded, the man shall be deprived of one limb and also of his entire property; and of his entire property as also of his entire body (if the woman is one who is guarded).

It is quoted in 惭颈迟腻办峁�a谤腻 (2.280), which has the same explanation as the one in para 1 above;鈥攊n 痴测补惫补丑腻谤补尘补测奴办丑补 (p. 100), which also has the same explanation鈥攁nd in 痴墨谤补尘颈迟谤辞诲补测补 (Vyavah膩ra, 156a).

 

Comparative notes by various authors

(verses 8.374-378)

(See the texts under 372.)

Gautama (12.2).鈥斺�業f a 艢奴诲谤补 has intercourse with an 膧谤测补 woman, his organ shall he cut off, and all his property shall be confiscated.鈥�

叠补耻诲丑腻测补苍补 (2.3.52).鈥斺�楲et him burn in straw-fire a 艢奴诲谤补 who has intercourse with an 膧谤测补 飞辞尘补苍.鈥�

膧辫补蝉迟补尘产补 (2.27.9).鈥斺�楢 艢奴诲谤补 committing adultery with a woman of any of the three higher castes shall suffer capital punishment.鈥�

Do. (2-26.20).鈥斺�業f a man has actually committed adultery, his organ shall be cut off, together with the testicles.鈥�

痴补艣颈峁ａ弓丑补 (21.1-5).鈥�(See under 372.)

驰腻箩帽补惫补濒办测补 (2.286, 294).鈥斺�業f one has intercourse with a woman of the same caste as himself, he shall be punished with the highest fine; if with a woman of a lower caste, with the middle fine; if with a woman of a higher caste, he shall be put to death and the woman鈥檚 ears and nose shall be cut off. If a 颁补峁囜笉腻濒补 has intercourse with an 膧谤测补 woman, he shall be put to death.鈥�

痴颈峁ａ箛耻 (5.40-43).鈥斺�楢n adulterer shall be made to pay the highest amercement, if he has had connection with a woman of his own caste;鈥攆or adultery with a woman of a lower caste, the middle amercement. He who has had connection with a woman of one of the lowest castes shall be put to death;鈥攁s also for having connection with a woman of the highest caste.鈥�

狈腻谤补诲补 (12.78).鈥斺�業ntercourse is permitted with a wanton woman who belongs to another than a Br膩hma峁嘺-caste, or a prostitute, or a female slave, or a female not restrained by her master; if these women belong to a lower caste than oneself; but with a woman of a superior caste intercourse is forbidden.鈥�

叠峁沨补蝉辫补迟颈 (23.12).鈥斺�楾he highest fine shall he inflicted for connection with a woman of equal caste; half of that, for connection with a woman of inferior caste; but a man who has connection with a woman of superior caste shall be put to death.鈥�

Yama (痴颈惫腻诲补谤补迟苍腻办补谤补, p. 395).鈥斺�業f a 艢奴诲谤补 has connection with a Br膩hma峁嘺 woman, the King shall put him to death on a heated iron-bed, burning the sinful man there with wood, leaves and grass.鈥�