History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v5.c71.s1.69

v5.c71.s1.69

One important question that very much exercised the minds of ancient and medieval Dharmaśāstra writers is whether a man can kill a brāhmaṇa ātatāyin in self-defence without incurring any sin or punishment by the king. There is great divergence of views on this point, which has been dealt with at some length in H of Dh vol II pp. 148-151 and vol. III pp. 517-518. The conclusion of the Mitākṣarā appears to voice the views of most writers that, if a brāhmaṇa comes as an ātatāyin (as an incendiary, as a poisoner, as a kidnapper of women or with the intention of killing or wresting a field), then in self-defence one may oppose him without incurring any sin, but that if the brāhmaṇa offender meets death though the defender did not desire to kill him (but only to stop him by causing injury short of death), the defender is not liable to be punished by the king and he has to undergo a light expiation (i. e. he is not guilty of brāhmaṇa's murder).⁴⁵