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XI, 171.
PENANCES FOR MINOR OFFENCES. -
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167. Fasting during three (days and) nights shall be (the penance for stealing) grass, wood, trees, dry food, molasses, clothes, leather, and meat.
168. To subsist during twelve days on (uncooked) grains (is the penance for stealing) gems, pearls, coral, copper, silver, iron, brass, or stone.
169. (For stealing) cotton, silk, wool, an animal with cloven hoofs, or one with uncloven hoofs, a bird, perfumes, medicinal herbs, or a rope (the penance is to subsist) during three days (on) milk.
170. By means of these penances, a twice-born man may remove the guilt of theft; but the guilt of approaching women who ought not to be approached (agamyâ), he may expiate by(the following) penances.
171. He who has had sexual intercourse with sisters by the same mother, with the wives of a friend, or of a son, with unmarried maidens, and with females of the lowest castes, shall perform the penance, prescribed for the violation of a Guru's bed.
167. Vi. LII, 9. According to Nâr. the rule refers to an unintentional offence.
168. Vi.LII,10. According to Medh.the penance may be shortened according to the special circumstances of the case. Når. says, This refers to cases when the theft is not committed in times of distress.'
169. Vi. LII, 11. According to Nâr. this rule holds good if the theft is committed in times of distress and very small quantities are taken. Gov. and Kull. observe on this verse and the preceding ones, that the apparent inequality of the penances, which are prescribed equally for great and small things, will disappear if special circumstances, such as the frequency of the offence, time and place, the character of the owner and so forth, are taken into account.
171. Gaut. XXIII, 12-13, 32; Vas. XX, 15-16; Baudh. II, 1,13; Vi. XXXIV, 2; XXXVI, 7; LIII, 1; Yagn. III, 233. See also above, verse 59. According to Medh., Gov., Kull., and Râgh., the penance to be performed is that mentioned above in verse 106, while self-immolation is prescribed for repeated intentional offences only. Når. speaks of a twelve years' penance.
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