History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v5.c71.s1.81

v5.c71.s1.81

*Steya* (theft). In order to constitute theft as a grave sin according to the commentaries the theft must be of a brāhmaṇa's gold of a certain quantity Steya is defined by Āp Dh S I. 10 28 1 as⁵³ 'a man becomes a thief by coveting another's property (and taking it) in whatever situation he may be (without the owner's consent)' Kātyāyana (810) defines⁵⁴ it as 'depriving a man of his property, whether clandestinely or openly and, whether by night or by day, is known to be theft'. Vyāsa defines it similarly. Vācaspati in his bhāṣya on Yogasūtra II. 30 defines steya as taking property from another in a manner that is not allowed by the śāstras (steyam-aśāstra-pūrvakam dravyāṇām parataḥ svīkaraṇam). Though Manu (XI 54) and Yāj (III. 227) simply employ the word 'steya' (theft) or 'stena' (thief) yet in speaking of the prāyaścitta for steya Manu (XI. 99 'suvarṇasteyakṛt') and Yāj. III. 257 (brāhmaṇasvarṇahārī) add the qualification that he should be a thief guilty of stealing gold (from a brāhmaṇa, acc. to Yāj ). Vas. 20. 41 and Cyavana (q by Pr V. p. 117) mention 'brāhmaṇa-suvarṇa-haraṇa' as a mahāpātaka and the Sāmavidhāna Br. (I. 6. 1) also employs the words 'brāhmaṇasvaṁ hṛtvā'. Vide Saṁvarta 122 and Viśvāmitra (q. by Pr. V. p. 108). A further qualification was added by Viśvarūpa (on Yāj III. 252 'anākhyāya &c), the Mit. (on Yāj. III. 257), the Madanapārijāta (pp 827-28), Prāyaścittaprakaraṇa (p. 72), the Prāyaścittaviveka (p 111) and other commentators that the gold stolen must be at least sixteen *māṣas* in weight, otherwise there is no mahāpātaka⁵⁵. So, if a man steals gold belonging to a brāhmaṇa which is less than 16 māṣas or steals gold of any weight (even more than 16 māṣas) from a non-brāhmaṇa (i. e. from a kṣatriya or the like) he would be guilty only of a minor sin (*upapātaka*). The Mit relies on the verses of Yāj. I 362-363 for the technical meaning of suvarṇa (as 16 māṣas) There was no guilt of theft acc. to Vārṣyāyaṇi if (Āp. Dh. S. I 10. 28.2) a person took only a small quantity of cereals ripening in pods (such as *mudga, māṣa* and gram) or took grass for his oxen while he was going (in a cart.⁵⁶) According to Gautama 12.25 a man may take (without permission and without incurring the guilt of theft) for the sake of cows and for the sake of *śrauta* or *smārta* fires grass, fuel and flowers of trees and plants as if they were his own property and the fruits (of trees and plants) that are not fenced around. Manu VIII. 339 (=Matsya 227. 112-113) is almost like Gaut 12.25 and Manu VIII. 341 adds that a traveller of the three higher castes may, if his provisions have run short, take (without fear of punishment) from another's field two sugarcane stalks and two *mūlakas* (esculent roots).