III, 4, 42

42. But some (consider the sin) a minor one, (and hence claim) the existence (of expiation for the Naiṣṭhika also); as in the case of the eating (of unlawful food). This has been explained (in the Pūrva Mīmāṃsā).

Some teachers, however, are of opinion that the transgression of the vow of chastity, even on the part of a professed Brahmacārin, is a minor sin, not a mortal one, excepting cases where the wife of the teacher and so on are concerned. For they plead that that sin is not anywhere enumerated among the deadly ones such as violating a teacher's bed and so on. Accordingly they claim the expiatory ceremony to be valid for the Naiṣṭhika as well as the Upakurvāṇa; both being alike Brahmacārins and having committed the same offence. The case is analogous to that of eating. Just as Brahmacārins (in general) who have broken their vow by eating honey, flesh, and the like may again purify themselves by a ceremony, so here also.--The reason for this decision is that for those who assume the absence of all expiation on the part of the Naiṣṭhikas no scriptural passage supporting their view is met with; while those who admit expiation can base their view on the passage quoted above ('A student who has broken the vow' &c.), which makes no distinction between Upakurvāṇas and Naiṣṭhikas. It therefore is more appropriate to assume the validity of the ceremony for Naiṣṭhikas also. The principle guiding the decision has been explained in the chapter treating of the means of right knowledge (Pū. Mī. Sū. I, 3, 8).--On this view the Smṛti-passage which declares that there is no expiation for the Naiṣṭhika must be explained as aiming at the origination of weighty effort on the Naiṣṭhika's part.--Similarly in the case of the mendicant and the hermit. The hermit, when he has broken his vows, undergoes the Kṛcchra penance for twelve nights and then cultivates a place rich in plants. The mendicant proceeds like the hermit, with the exception of cultivating the Soma-plant, and undergoes the purifications prescribed for his state. The rules given by Smṛti for those cases have to be followed.