History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.854

v4.c63.854

Ancient India entertained tender feelings for certain animals and in certain circumstances. Nār. XIV. 30, Yāj. II. 163, Manu VIII. 242, Kauṭ. III. 10⁸⁹⁴ and Uśanas provide that cows within ten days after calving, a stud bull, a horse, an elephant, animals let loose in honour of ancestors or deities, and cattle that have strayed from the herd or that have no herdsman to look after them and have met with an accident are to be warded off when causing harm to crops, but the owner is not to be fined. Uśanas⁸⁹⁵ states that the reason for this leniency is that horses and elephants are protectors of people. Aparārka (p. 771) explains that this exemption applies only to the king's horses and elephants. Uśanas adds that (owners of) cows should not be fined when they cause some loss at the time of festivals and śrāddhas. The great veneration for cows led Uśanas to lay down that he who requires the owner of a cow to re-imburse the loss of crops that are eaten up or destroyed by a cow will find that his *pitṛs* and the gods do not receive the offerings made⁸⁹⁶ by him. This is explained by the Par. M. III. p. 385 as referring to crops in fields near a village not enclosed by a hedge and by the Madanaratna to crops eaten at the time of śrāddha. Bṛ., Yāj. II. 161 and Nār. XIV. 38 require the owner of the cow to re-imburse the owner of the crops for the loss as settled by the neighbours. Vide under 'steya' for cases in which there is no offence of theft even if a person takes certain things belonging to another without his permission.