History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v5.c71.s1.352.3

v5.c71.s1.352.3

Kṣatriyas and vaiśyas incurred no sin by drinking intoxicants other than *surā* (made from flour) and the śūdra incurred no sin even by drinking *surā* of the paiṣṭī variety. The Mit (on Yāj III. 243) holds that since Manu XI. 93 generally forbids the drinking of surā on the part of brāhmaṇas, kṣatriyas and vaiśyas the prohibition applies even to boys who have not undergone the rite of *upanayana* and girls who are not yet married and adds that for drinking surā the child has to undergo only one-fourth penance (for 3 years) if the offence was unintentional and double of that (6 years) if it was intentional (vide also Pr. prakaraṇa p 48). The Kalpataru, it appears, held, relying on Gaut II. 1 ('before upanayana a child may do as it pleases as regards behaviour, speech and eating'), that no sin (*doṣa*) was incurred by a child before upanayana and by a girl before marriage for drinking surā. The Pr. V (p. 104) and Pr. Prakāśa criticize the Kalpataru for this view.²²⁵ As Bṛhaspati states (vide n. 188 above) the license allowed by Gautama is limited by the Mit and other digests to the partaking of sour or stale drinks and the like and is not extended to drinking surā which is a mahāpātaka Jātūkarṇya²²⁶ (q. by the Par. M.) provides that if a boy whose upanayana has not been performed drinks an intoxicant (*madya*) through foolishness, his father, mother or brother should perform three kṛcchras as an expiation for him. Aṅgiras (Jīv. p. 557), Āpastamba-smṛti III.