History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v5.c71.s1.400

v5.c71.s1.400

*PARADĀRYA* (adultery with another's wife)—is a minor sin (acc to Yāj III. 235, Manu XI. 59). This excludes intercourse with *guru's* wife and other intercourse declared to be like *gurutalpagamana* or with cāṇḍāla women (Manu XI. 170-172, 175, 178, Yaj III. 231-233, Vas XX. 15-17 and XXIII. 41) Āp. Dh S. I. 10 28 19 is very severe on a male adulterer who transgresses his vow of loyalty to his wife; one who proves false to his wife shall put on the skin of an ass with the hair turned outside and beg at seven houses saying 'give alms to him who played false to his wife'. This should be his livelihood for six months". Conversely, Āp. (I. 10.28.20) provides that if a wife plays false to her husband she should perform for as many months (i. e. six months) the twelve night kṛcchra penance. In another place Āp. Dh. S. (II 10. 27. 11) states that if a brāhmaṇa commits adultery once with a married woman of equal class he shall perform one-fourth of the penance prescribed for an outcast. Gaut (22 29-30, 34) provides penances for two years generally and three years if the woman be the wife of a learned brāhmaṇa. The Mit. on Yāj. III. 265 quotes numerous texts dealing with the penance for adultery that does not amount to a mahāpātaka and tries to evolve order by assigning to each its proper province. This is passed over here. A woman guilty of adultery with a male of the same or higher caste than herself had to undergo the same penance as a male adulterer (Manu XI 176 and Bṛhaspati), but if she committed adultery with a male of lower caste, then the penances differed as stated above (vide Vas. 21. 1-5 and Saṁvarta 167-172). Bṛhadyama IV. 48 states that adultery in the inverse order of classes is a grave sin, but adultery in the *anuloma* order of classes entails different penances for purification from it.²⁵³