History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v5.c71.s1.367

v5.c71.s1.367

We may now revert to the penances for the other Mahāpātakas. It has already been seen how the thief that had stolen a brāhmaṇa's gold of a certain weight was to approach the king with a club (p. 73 above). Even Āp. Dh. S. I 9.25.4 refers to this and prescribes as an option (Āp Dh. S. I.9 25.6-7) entering into fire as an expiation for theft or starving oneself by reducing the intake of food. Therefore, the penance for the theft of brāhmaṇa's gold of the weight of 80 *raktikās* or more (Manu VIII. 134 and Yāj I.363) was death for the offenders of all varṇas, except a brāhmaṇa offender, who clad in rags (or bark garment) was to undergo a penance in a forest for twelve years of the same kind as for brāhmaṇa murder (Manu XI. 101) or for the drinking of *surā* prepared from flour (Yāj III. 258). The offender may also give as much gold (if he is rich) as his own weight or as much wealth as would be required for the maintenance of a brāhmaṇa's family for the latter's lifetime (Yāj. III 258 and Mit. thereon) The Āp Dh. S. I. 9 25 8 provides the observance of the penance of Kṛcchra for one year (as defined in Āp Dh. S I 9 27 7-8) and quotes a verse "those who have committed a theft (of gold), drunk spirituous liquor, or had connection with a *guru's* wife, but not those who have slain a brāhmaṇa, shall eat every fourth meal-time a little food, bathe thrice a day, pass the day standing and the night sitting; after the lapse of three years they cast off their sins." The digests contain numerous and varying expiations for theft depending upon the weight of gold stolen, upon the qualities of the man robbed and of the thief, upon the caste of both, upon whether it is a first offence or a repeated one, on the price and nature of the thing stolen and on the time and place and so on Vide Pr V. pp. 117-127, Pr. Sāra p 49, Madanapārijāta pp 828-834, Smṛtyarthasāra pp. 108-109, Smṛtimuktāphala pp 883-885. These have to be passed over here for reasons of space.