History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v5.c71.s1.44.2

v5.c71.s1.44.2

12-18) the cohabitation of an Ārya woman with śūdras, eating the flesh of forbidden animals such as that of a dog or a human being or village cock or pig or other carnivorous animals, eating the excrement of human beings, partaking of food left by a śūdra, and cohabitation by Ārya men with apapātra women.²⁶ According to some, those acts that are declared to be *aśucikara* are also *patanīyas*. Āp. Dh. S. (I. 7.21.19) states that acts other than those enumerated are also aśucikara. Āp. Dh. S. (I. 9. 24.6-9) enumerates those who are *abhiśasta*, viz. one who slays a person belonging to the first two varṇas (viz. brāhmaṇa and kṣatriya) who had studied the Veda or who had been initiated for the performance of a soma sacrifice, one who kills a mere brāhmaṇa (though he may not have studied the Veda or be not initiated for a soma sacrifice), also one who destroys the embryo of a brāhmaṇa even though its sex be undistinguishable, or slays a woman who is an *ātreyī* (in her monthly course). The Vasiṣṭhadharmasūtra divides²⁷ sinners into three classes, viz. those who are *enasvins*, those guilty of mahāpātakas and those guilty of upapātakas (I. 19-23). Among those who are styled *enasvinaḥ* are those mentioned in Āp. Dh. S. II. 5.12.22, with this difference that the 'brahmojjha', who is included among 'patanīyas' by Āp. Dh. S. I. 7. 21. 9 is put among 'enasvins' by Vasiṣṭha. In Vas. 20. 4-12 special prāyaścittas for each of these 'enasvinaḥ' (ordinary sinners) are prescribed.