The Laws of Manu — SBE Vol. 25 (trans. Georg Bühler, 1886)
English·1879–1910·trans. Georg Bühler·567 passages
The text · part 17 of 27
354. A man formerly accused of (such) offences, who secretly converses with another man’s wife, shall pay the first (or lowest) amercement.
355. But.a man, not before accused, who (thus) speaks with (a woman) for some (reasonable) cause, shall not incur any guilt, since in him there is no transgression.
350. According to Kull. the condition is that one must be unable to save oneself by flight, according to Nar. one must not wound such a man ‘excessively.’
351. ‘Secretly,’ i.e. ‘by incantations or spells’ (Gov., Nar. Nand.).
353. I.e. if a mixture of the castes takes place, the sacrifices cannot be offered properly, because duly qualified sacrificers are wanting. If sacrifices are not duly offered, no rain will fall (see above, III, 76), and everything will perish (Medh., Gov., Kull, Ragh.). ,
354-358. Ap. II, 26, 18-19; Yaga. II, 284.
p. 356
356. He who addresses the wife of another man at a Tirtha, outside the village, in a forest, or at the confluence of rivers, shall suffer (the punishment for) adulterous acts (samegrahama).
357. Offering presents (to a woman), romping (with her), touching her ornaments and dress, sitting with her on a bed, all (these acts) are considered adulterous acts (samgrahama).
358. If one touches a woman in a place (which ought) not (to be touched) or allows (oneself to be touched in such a spot), all (such acts done) with mutual consent are declared (to be) adulterous (samgrahaza).
359. A man who is not a Braéhmaza ought to suffer death for adultery (samgrahama); for the wives of all the four castes even must always be carefully guarded.
360. Mendicants, bards, men who have performed the initiatory ceremony of a Vedic sacrifice, and artisans are not prohibited from speaking to married women.
356. ‘A Tirtha,’ i. e. ‘a place on the river-bank where the women fetch water’ (Medh., N&r., Ragh.). The punishment is the highest amercement (Kull.). Nand. places this verse after 357.
358. Nand. says, ‘If one touches a woman in a lonely place.’ Gov. also mentions this explanation.
359. According to Gov., Kull., Ragh. this rule refers to adultery committed by a Sfidra with a Brahmant (RAgh.) or to the violation of a Brahmanf by a Sfdra (Gov., Kull.). Medh., too, thinks that a Sfidra alone is to suffer capital punishment for adultery with an Aryan woman. Nand., finally, says that Kshatriyas, Vaisyas, and Sfidras are meant, who offend with a female of a higher caste. Possibly the correct explanation of praxfntam dandam, ‘death,’ may, however, be ‘a punishment, even death.’ This rendering at least removes all the difficulties created by the parallel passages and the following verses.
p. 317
361. Let no man converse with the wives of others after he has been forbidden (to do so); but he who converses (with them), in spite of a prohibition, shall be fined one suvarza.
p. 317
361. Let no man converse with the wives of others after he has been forbidden (to do so); but he who converses (with them), in spite of a prohibition, shall be fined one suvarza.
362. This rule does not apply to the wives of actors and singers, nor (of) those who live on (the intrigues of) their own (wives); for such men send their wives (to others) or, concealing themselves, allow them to hold criminal intercourse.
363. Yet he who secretly converses with such women, or with female slaves kept by one (master), and with female ascetics, shall be compelled to pay a small fine.
364. He who violates an unwilling maiden shall instantly suffer corporal punishment ; but a man who enjoys a willing maiden shall not suffer corporal punishment, if (his caste be) the same (as hers).
365. From a maiden who makes advances to a (man of) high (caste), he shall not take any fine; but her, who courts a (man of) low (caste), let him force to live confined in her house.
361. Yagh. II, 285.
362. Baudh. II, 4, 3. I translate A4rana according to the commentators by ‘actors and singers,’ but it may also be the name of a caste which is well known in Western India.
363. ‘Female ascetics,’ i.e. ‘Rakshak4s (?), Silamitr4s (?), and so forth’ (Medh.), or ‘ Buddhist nuns’ (Gov., Kull., Ragh.). Nér. says ‘female mendicants.’ It deserves to be noted that according to a passage attributed by Gov. and N4r. to Baudh4yana, but not found in our text, ‘some’ permitted even orthodox females to become ascetics. Female ascetics were probably in ancient India as common as they are now, and were considered equally disreputable.
364-368. YAgv. II, 288.
365. ‘From a maiden,’ i.e. ‘from her relatives or guardians’ (Medh.). According to Kull. and Nar. the girl is to be fettered, according to Medh. to be guarded by her relatives. The confinement is to last until she is cured of her attachment.
p. 366
366. A (man of) low (caste) who makes love to a maiden (of) the highest (caste) shall suffer corporal punishment; he who addresses a maiden (of) equal (caste) shall pay the nuptial fee, if her father desires it.
367. But if any man through insolence forcibly contaminates a maiden, two of his fingers shall be instantly cut off, and he shall pay a fine of six hundred (pavas). 368. A man (of) equal (caste) who defiles a willing maiden shall not suffer the amputation of his fingers, but shall pay a fine of two hundred (pazas) in order to deter him from a repetition (of the offence).
369. A damsel who pollutes (another) damsel must be fined two hundred (pazas), pay the double of her (nuptial) fee, and receive ten (lashes with a) rod.
370. But a woman who pollutes a damsel shall instantly have (her head) shaved or two fingers cut off, and be made to ride (through the town) on a donkey.
371. If a wife, proud of the greatness of her relatives or (her own) excellence, violates the duty which she owes to her lord, the king shall cause
But a woman who pollutes a damsel shall instantly have (her head) shaved or two fingers cut off, and be made to ride (through the town) on a donkey.
371. If a wife, proud of the greatness of her relatives or (her own) excellence, violates the duty which she owes to her lord, the king shall cause
366. The meaning of the second clause is that if the father wishes it, the offender is to marry the girl, after paying the nuptial fee (Kull., N&ar.). If the father does not wish to receive the fee, the offender is to pay an equal sum as a fine to the king (Medh., Gov., Ragh.).
370. According to Medh. and Nar. the verse prescribes three different punishments, and a Brahmasf offender is to be shaved, a Kshatriy& to be led through the streets on a donkey, while women of other castes are to lose two fingers. According to Gov., Kull. and Ragh. the punishment is to be regulated by the circumstances,
371-372. Gaut. XXIII, 14-15; Vi. V, 18,p. 319 her to be devoured by dogs in a place frequented by many.
372. Let him cause the male offender to be burnt on a red-hot iron bed; they shall put logs under it, (until) the sinner is burned (to death).
373. On a man (once) convicted, who is (again) accused within a year, a double fine (must be inflicted); even thus (must the fine be doubled) for (repeated) intercourse with a Vraty4 and a KamdAlt.
374. A Sfdra who has intercourse with a woman of a twice-born caste (varva), guarded or unguarded, (shall be punished in the following manner): if she was unguarded, he loses the part (offending) and all his property; if she was guarded, everything (even his life).
375. (For intercourse with a guarded Brahmas) a Vaisya shall forfeit all his property after imprisonment for a year; a Kshatriya shall be fined one thousand (pazas) and be shaved with the urine (of an ass).
376. If a Vaisya or a Kshatriya has connexion with an unguarded Bréhmamt, let him fine the Vaisya five hundred (pazas) and the Kshatriya one thousand.
377. But even these two, if they offend with a
373. ‘A Vraty4,’ ie. ‘the wife of an Aryan who has not been initiated’ (Gov., Kull., Ragh.) ; see above, II, 39; or ‘one not married in proper time’ (N4r. and Medh.), which latter attempts also another explanation, ‘a public woman’ or ‘one common to several men.’ The fine | intended is two thousand panas (Gov., Kull., Ragh.).
374. Ap. II, 26, 20; 27,9; Gaut. XII, 2-3; Vas. XXI, 5, 5; Baudh. II, 3, 52; YAg#. II, 286, 294. ‘Guarded,’ i.e. ‘by her husband or relatives’ (Medh., Kull., Ragh.).
377. Ap. II, 26, 20; Vas, XXI, 2-3; Y4gv%. II, 286. ‘Like a Sfidra,’ see verse 374.
p. 378
Brahmamt (not only) guarded (but the wife of an eminent man), shall be punished like a Siddra or be burnt in a fire of dry grass.
378. A Bréhmaza who carnally knows a guarded Braéhmamt against her will, shall be fined one thousand (pazas); but he shall be made to pay five hundred, if he had connexion with a willing one.
378. A Bréhmaza who carnally knows a guarded Braéhmamt against her will, shall be fined one thousand (pazas); but he shall be made to pay five hundred, if he had connexion with a willing one.
379. Tonsure (of the head) is ordained for a Brahmaza (instead of) capital punishment ; but (men ‘ of) other castes shall suffer capital punishment.
380. Let him never slay a Brahmaaa, though he have committed all (possible) crimes ; let him banish such an (offender), leaving all his property (to him) and (his body) unhurt.
' 381. No greater crime is known on earth than slaying a Brahmaza; a king, therefore, must not even conceive in his mind the thought of killing a Brahmaza. .
382. If a Vaisya approaches a guarded female of the Kshatriya caste, or a Kshatriya a (guarded) Vaisya woman, they both deserve the same punishment as in the case of an unguarded Braéhmama female.
383. A Brahmaza shall be compelled to pay a fine of one thousand (pazas) if he has intercourse with guarded (females of) those two (castes); for (offending with) a (guarded) Sddra female a fine of one thousand (pazas shall be inflicted) on a Kshatriya or a Vaisya.
384. For (intercourse with) an unguarded Kshatriy4 a fine of five hundred (pazas shall fall) on a
382. According to the commentators the rule of verse 376 applies.
p. 321
Vaisya; but (for the same offence) a Kshatriya shall be shaved with the urine (of a donkey) or (pay) the same fine.
385. A Braéhmaza who approaches unguarded females (of the) Kshatriya or Vaisya (castes), or a Sidra female, shall be fined five hundred (pazas) ; but (for intercourse with) a female (of the) lowest (castes), one thousand.
386. That king in whose town lives no thief, no adulterer, no defamer, no man guilty of violence, and no committer of assaults, attains the world of Sakra (Indra).
387. The suppression of those five in his dominions secures to a king paramount sovereignty among his peers and fame in the world.
388. A sacrificer who forsakes an officiating priest, and an officiating priest who forsakes a sacrificer, (each being) able to perform his work and not contaminated (by grievous crimes), must each be fined one hundred (pamzas).
389. Neither a mother, nor a father, nor a wife, nor a son shall be cast off; he who casts them off, unless guilty of a crime causing loss of caste, shall be fined by the king six hundred (pavas).
390. If twice-born men dispute among each other
' 385. ‘A female of the lowest castes,’ i.e. ‘a Kandali’ (Gov., Kull, Ragh.), or ‘belonging to the castes of washermen, leather-workers, actors, basket-makers, fishermen, Medas, or Bhillas’ (N4r.).
386. Vi. V, 196.
388. ‘An officiating priest,’ i.e.‘one who has sacrificed for his family since many generations’ (Gov., Nar.).
389. Vi. V,163; Yagn. II, 237. ‘Shall not be cast off,’ i.e. ‘shall not be refused maintenance or the due respect’ (Medh., Gov., Kull.)
386. Vi. V, 196.
388. ‘An officiating priest,’ i.e.‘one who has sacrificed for his family since many generations’ (Gov., Nar.).
389. Vi. V,163; Yagn. II, 237. ‘Shall not be cast off,’ i.e. ‘shall not be refused maintenance or the due respect’ (Medh., Gov., Kull.)
390. ‘Of the orders,’ i.e. ‘of the four orders’ (N4r., RAgh.), or ‘of the householders’ (Gov., Kull.). Medh. and Nand. take asrama
(25] ¥ ifp. 391 concerning the duty of the orders, a king who desires his own welfare should not (hastily) decide (what is) the law.
391. Having shown them due honour, he should, with (the assistance of) Braéhmamas, first soothe them by gentle (speech) and afterwards teach them their duty.
392. A Br&hmaza who does not invite his next neighbour and his neighbour next but one, (though) both (be) worthy (of the honour), to a festival at which twenty Bréhmazas are entertained, is liable to a fine of one masha.
393. A Srotriya who does not entertain a virtuous Srotriya at auspicious festive rites, shall be made to pay him twice (the value of) the meal and a m4sha of gold (as a fine to the king).
394. A blind man, an idiot, (a cripple) who moves with the help of a board, a man full seventy years old, and he who confers benefits on Srotriyas, shall not be compelled by any (king) to pay a tax.
not in the sense of ‘ order,’ but of ‘ hermitage,’ and ‘ twice-born men’ in the sense of ‘hermits.’ N4r. explains na vibrfy&t, ‘shall not (hastily) decide,’ by ‘shall not wrongly decide by himself”
392. Vi. V, 94; Y4agnh. II, 263. ‘A festival,’ iie.‘a wedding and so forth’ (Medh.), or ‘at which a dinner is given’ (Nand.). Anuvesya, ‘his next neighbour but one’ (Kull., Nar., Ragh.), means according to Medh., Gov., and Nand. ‘ he who lives at the back of his house,’ while the neighbour living opposite is the prativesya. ‘ Twenty,’ i.e. ‘twenty or more other Brahmamas’ (Gov.). ‘A mAsha,’ i.e. ‘of silver’ (Gov., Kull., Ragh.), or ‘of gold’ (Medh., Nar.).
393- ‘A virtuous Srotriya,’ i. e. ‘a neighbour’ (Gov., Kull, Ragh.), or ‘living in the same village’ (N4r.). Medh. says, ‘one who is not a neighbour.’
394. Ap. II, 26, ro-1g; Vas. XIX, 23-24. ‘(A cripple) who moves with the help of a board’ is not an uncommon sight in the streets of Indian towns. ‘By any (king),’ i.e. ‘even by one whose treasury is empty.’
p. 323
395. Let the king always treat kindly a Srotriya, a sick or distressed man, an infant and an aged or an indigent man, a man of high birth, and an honourable man (Arya).
396. A washerman shall wash (the clothes of his employers) gently on a smooth board of SAlmaliwood ; he shall not return the clothes (of one person) for those (of another), nor allow anybody (but the owner) to wear them.
397. A weaver (who has received) ten palas (of thread), shall return (cloth weighing) one pala more ; he who acts differently shall be compelled to pay a fine of twelve (pazas).
397. A weaver (who has received) ten palas (of thread), shall return (cloth weighing) one pala more ; he who acts differently shall be compelled to pay a fine of twelve (pazas).
398. Let the king take one-twentieth of that (amount) which men, well acquainted with the settlement of tolls and duties (and) skilful in (estimating the value of) all kinds of merchandise, may fix as the value for each saleable commodity.
399. Let the king confiscate the whole property of (a trader) who out of greed exports goods of which the king has a monopoly or (the export of which is) forbidden.
396. Yagt. II, 238. Salmali, or cotton-tree wood, is naturally soft (Medh.).
397. Yagi. II, 179. Instead of ‘twelve (pazas),’ (Kull, Ragh.), Medh. proposes ‘twelve (palas),’ Gov. ‘twelve (times the value of the thread),’ and N&r. ‘one-twelfth (of the value of the thread).’ Nand. reads dasaphalam and ekaphaladhikam, and says that the weaver is to pay to the king the profit of each eleventh piece of work which he performs.
398. Yagi. II, 261. Instead of ‘ of that (amount),’ (Medh., Nar.),
Gov., Kull., and RAgh. say ‘of the profit on that.’ - 399. Yagi. II, 261. Medh. gives as instances of monopolies, elephants; in Kasmir, saffron; in the east, fine cloth and wool ; in the west, horses ; in the south, precious stones and pearls. Saffron is still a royal monopoly in Kasmir.
Y2
p. 400
400. He who avoids a custom-house (or a toll), he who buys or sells at an improper time, or he who makes a false statement in enumerating (his goods), shall be fined eight times (the amount of duty) which he tried to evade.
401. Let (the king) fix (the rates for) the purchase and sale of all marketable goods, having (duly) considered whence they come, whither they go, how long they have been kept, the (probable) profit and the (probable) outlay.
402. Once in five nights, or at the close of each fortnight, let the king publicly settle the prices for the (merchants).
403. All weights and measures must be duly marked, and once in six months let him re-examine them.
404. Ata ferry an (empty) cart shall be made to pay one paza, a man’s (load) half a paza, an animal and a woman one quarter of a (pava), an unloaded man one-half of a quarter.
405. Carts (laden) with vessels full (of merchandise) shall be made to pay toll at a ferry according to the value (of the goods), empty vessels and men without luggage some trifle.
_ 400, Yager. II, 262. ‘At an improper time,’ i.e. ‘at night and so forth’ (Medh., Gov., Nar., Kull., Ragh.).
402. Yap. II, 251. Gov. and Kull. say, ‘let the king settle the price in the presence of those (experts,’ see verse 398). The translation follows Ragh. The length of the periods depends thereon, whether the goods vary much in price. Medh. omits this and the next four verses.
403. Vas. XIX, 13.
402. Yap. II, 251. Gov. and Kull. say, ‘let the king settle the price in the presence of those (experts,’ see verse 398). The translation follows Ragh. The length of the periods depends thereon, whether the goods vary much in price. Medh. omits this and the next four verses.
403. Vas. XIX, 13.
405. ‘Empty vessels,’ i.e. such as serve for the transport of merchandise, jars, leather-bags, baskets, &c. Aparitkhad4A, ‘men without luggage,’ may also be translated ‘men without attendants.’ Kull. and Ragh. say, ‘poor men.’
p. 325
406. For a long passage the boat-hire must be proportioned to the places and times; know that this (rule refers) to (passages along) the banks of rivers; at sea there is no settled (freight).
407. But a woman who has been pregnant two months or more, an ascetic, a hermit in the forest, and Brahmazas who are students of the Veda, shall not be made to pay toll at a ferry.
408. Whatever may be damaged in a boat by the fault of the boatmen, that shall be made good by the boatmen collectively, (each paying) his share.
409. This decision in suits (brought) by passengers (holds good only) in case the boatmen are culpably negligent on the water; in the case of (an accident) caused by (the will of) the gods, no fine can be (inflicted on them).
410. (The king) should order a Vaisya to trade, to lend money, to cultivate the land, or to tend cattle, and a Sidra to serve the twice-born castes.
411. (Some wealthy) Brahmava shall compassionately support both a Kshatriya and a Vaisya, if they are distressed for a livelihood, employing them on work (which is suitable for) their (castes).
412. But a Brahmaza who, because he is powerful, out of greed makes initiated (men of the) twice-born (castes) against their will do the work of slaves, shall be fined by the king six hundred (pavas).
407. Vi. V, 132. According to Medh., heterodox monks must pay, because the word Bréhmama (taken above with students) refers to all the persons mentioned.
408. ‘ Whatever,’ i. e. ‘merchandise’ (Medh., Nar.), or ‘luggage’ (Gov., Kull., Ragh.).
411. Le. he shall employ a poor Kshatriya as watchman, and a Vaisya as herdsman (Medh.). If he employs them in this way, he is not punishable (Gov., Kull.).
414. A Sddra, though emancipated by his master, is not released from servitude; since that is innate in him, who can set him free from it ?
415. There are slaves of seven kinds, (viz.) he who is made a captive under a standard, he who serves for his daily food, he who is born in the house, he who is bought and he who is given, he who is inherited from ancestors, and he who is enslaved by way of punishment.
415. There are slaves of seven kinds, (viz.) he who is made a captive under a standard, he who serves for his daily food, he who is born in the house, he who is bought and he who is given, he who is inherited from ancestors, and he who is enslaved by way of punishment.
416. A wife, a son, and a slave, these three are declared to have no property ; the wealth which they earn is (acquired) for him to whom they belong.
413. ‘Whether bought or unbought,’ i.e. ‘ whether maintained in consideration of service or not’ (Gov., Kull., Ragh.), or ‘whether bought or hired’ (N4r.).
414. Medh. says that the last clause is ‘an arthavdda, because further on it will be shown that a slave can be emancipated.’ Kull. thinks that an emancipated Sidra must still serve Brahmanas or other Aryans in order to gain spiritual merit.
415. Medh. rejects the notion that a captive Kshatriya can be made a slave, and thinks that a captured SQdra must be meant ; but see Yagi. II, 183, where it is laid down that Kshatriyas may become the slaves of Brahmazas and Vaisyas of Brahmamas and Kshatriyas. Nar. explains dhvagahrita, ‘ one made a captive under a standard,’ by ‘one who has become a slave by marrying a female slave.’ ‘ Enslaved by way of punishment,’ i.e. ‘because he cannot pay a debt or a fine’ (Medh., Gov., Kull., Ragh.), or ‘also because he left a religious order’ (see Vi. V, 152), (Nar., Nand.)
416. According to Medh., Gov., Kull., Ragh., the verse means only that these persons are unable to dispose of their property independently. Na4r.’s short note (adhigakkamti parakarmakarandina) seems to indicate that he took it to refer to their incapacity to earn money by working for others.
p. 327
417. A Brahmaza may confidently seize the goods of (his) Sddra (slave); for, as that (slave) can have no property, his master may take his possessions. _
418. (The king) should carefully compel Vaisyas and Sddras to perform the work (prescribed) for them; for if these two (castes) swerved from their duties, they would throw this (whole) world into confusion.
419. Let him daily look after the completion of his undertakings, his beasts of burden, and carriages, (the collection of) his revenues and the disbursements, his mines and his treasury.
420. A king who thus brings to a conclusion all the legal business enumerated above, and removes all sin, reaches the highest state (of bliss).
CuaprTer IX,
1. I will now propound the eternal laws for a husband and his wife who keep to the path of duty, whether they be united or separated.
2. Day and night women must be kept in depend-
417. ‘Confidently’ means according to Medh., N4r., and Nand. ‘without fearing that he commits the sin of accepting a present from a Sfdra.’
2. Day and night women must be kept in depend-
417. ‘Confidently’ means according to Medh., N4r., and Nand. ‘without fearing that he commits the sin of accepting a present from a Sfdra.’
419. Karmantan, ‘the completion of his undertakings’ (Kull. R&gh.), means according to Medh., Gov., and Nand. ‘ the works,’ i.e. ‘agriculture, offices for collecting tolls and duties, and so forth’ (Medh., Gov.), according to N&r. ‘ the workshops, e.g. for making arms.’ The last explanation is perhaps the best.
IX. 1. According to Medh., Gov., and Kull. the duties of husband and wife are placed in the section on civil and criminal law, because the king can and even is bound to enforce their observance by punishments, if either of the two raises a complaint. ‘Separated,’ i.e. ‘when the husband is absent or dead’ (Nar., Ragh.).
2-3. Gaut. XVIII, 1; Vas. V, 1-2; Baudh. II, 3, 44-45; Vi. V, 1-2; Yagi. I, 85.
p. 3
ence by the males (of) their (families), and, if they attach themselves to sensual enjoyments, they must be kept under one’s control.
3. Her father protects (her) in childhood, her husband protects (her) in youth, and her sons proteet (her) in old age; a woman is never fit for independence.
4. Reprehensible is the father who gives not (his daughter in marriage) at the proper time; reprehensible is the husband who approaches not (his wife in due season), and reprehensible is the son who does not protect his mother after her husband has died.
5. Women must particularly be guarded against evil inclinations, however trifling (they may appear); for, if they are not guarded, they will bring sorrow on two families.
6. Considering that the highest duty of all castes, even weak husbands (must) strive to guard their wives.
7. He who carefully guards his wife, preserves (the purity of) his offspring, virtuous conduct, his family, himself, and his (means of acquiring) merit.
2. ‘Must be kept under one’s control,’ i. e. ‘they must be restrained from their vicious attachment’ (4tmano vase sthdpy4 yatha na sagyante), (Nar.) .
4. Y4gn.I, 64. ‘At the proper time,’ i.e. before she is marriageable; see Gaut. XVIII, 21; Vas. XVII, 64-41. ‘The husband,’ see Baudh. IV, 1, 17—19, and above, III, 45. After this verse K. inserts another, not mentioned by the commentators, ‘If the wife is guarded, the (purity of the) offspring is secured thereby; if the (purity of the) offspring is secured, oneself is secure.’
6. Yagt. I, 81. ‘Weak husbands,’ i.e. ‘blind, lame, or poor ones, &c.’ (Kull., Ragh.).
4. ‘His family,’ i.e. ‘his ancestors,’ because legitimate sons alone can offer the Sraddhas (Medh., Gov., Kull.), or ‘his relatives,’ because adultery brings dishonour (Medh., Ragh.), or ‘the position of the
p. 329
8. The husband, after conception by his wife, becomes an embryo and is born again of her; for that is the wifehood of a wife (g4y4), that he is born (gdyate) again by her.
p. 329
8. The husband, after conception by his wife, becomes an embryo and is born again of her; for that is the wifehood of a wife (g4y4), that he is born (gdyate) again by her.
9. As the male is to whom a wife cleaves, even so is the son whom she brings forth; let him therefore carefully guard his wife, in order to keep his offspring pure.
to. No man can completely guard women by force; but they can be guarded by the employment of the (following) expedients :
11. Let the (husband) employ his (wife) in the collection and expenditure of his wealth, in keeping (everything) clean, in (the fulfilment of) religious duties, in the preparation of his food, and in looking after the household utensils.
12. Women, confined in the house under trustworthy and obedient servants, are not (well) guarded ; but those who of their own accord keep guard over themselves, are well guarded.
13. Drinking (spirituous liquor), associating with wicked people, separation from the husband, rambling abroad, sleeping (at unseasonable hours), and dwelling in other men’s houses, are the six causes of the ruin of women.
family’ (Nar.), or ‘his property’ (R4gh.). ‘ Himself,’ i. e. ‘because legitimate children alone can offer the Sraddhas’ (Gov., Kull, Ragh.), or ‘because an adulteress and her paramour are likely to attempt his life’ (Medh.). ‘His (means of acquiring) merit,’ i.e. ‘because the husband of an adulteress is not entitled to kindle the sacred fire’ (Gov., Kull, Ragh.), Nar. says, ‘his duty (as a householder).’
8. Y4gi.I, 56. The idea is taken from the Veda; see e.g. Aita~ reya-brahmaaa VII, 13, to which Kull. refers.
13. ‘ Associating with wicked people,’ i. e. ‘ with other unfaithful wives’ (N4r.), or ‘with adulterers’ (RAgh.).
p. 14
14. Women do not care for beauty, nor is their attention fixed on age; (thinking), ‘(It is enough that) he is a man,’ they give themselves to the handsome and to the ugly. _ 15. Through their passion for men, through their mutable temper, through their natural heartlessness, they become disloyal towards their husbands, however carefully they may be guarded in this (world).
16. Knowing their disposition, which the Lord of creatures laid in them at the creation, to be such, (every) man should most strenuously exert himself to guard them.
17. (When creating them) Manu allotted to women (a love of their) bed, (of their) seat and (of) ornament, impure desires, wrath, dishonesty, malice, and bad conduct.
18. For women no (sacramental) rite (is performed) with sacred texts, thus the law is settled; women (who are) destitute of strength and destitute of (the knowledge of) Vedic texts, (are as impure as) falsehood (itself), that is a fixed rule.
19. And to this effect many sacred texts are sung also in the Vedas, in order to (make) fully known the true disposition (of women); hear (now those texts which refer to) the expiation of their (sins).
19. And to this effect many sacred texts are sung also in the Vedas, in order to (make) fully known the true disposition (of women); hear (now those texts which refer to) the expiation of their (sins).
20. ‘If my mother, going astray and unfaithful, conceived illicit desires, may my father keep that seed from me,’ that is the scriptural text.
18. The sacramental rites meant are the birth-ceremony and so forth; see also above, II, 66. ‘Destitute of strength’ (Gov.), i.e. ‘of firmness, intelligence, bodily strength, &c.’ (Medh., Nand.). The second half verse is closely allied to that quoted Baudh. IT, 3, 46, and, like the latter, probably a modification of a Vedic passage.
20. The verse is a slightly altered Mantra which occurs in the
IX, 24. DUTIES OF HUSBAND AND WIFE. 33r
21. If a woman thinks in her heart of anything that would pain her husband, the (above-mentioned text) is declared (to be a means for) completely removing such infidelity.
22. Whatever be the qualities of the man with ‘ whom a woman is united according to the law, such qualities even she assumes, like a river (united) with ' the ocean.
23. Aksham4la, a woman of the lowest birth, being united to Vasisht#a and SArangt, (being united) to Mandapala, became worthy of honour.
24. These and other females of low birth have
Sankhayana Grshya-sGtra ITI, 13, and in the Xaturmasya portion of the K4/haka recension of the Black Yagur-veda. According to the former work it is to be recited by an Anyatrakarama, ‘the son of a paramour.’ But the Ka/has prescribe its use by every sacrificer who offers a KAaturmfsya sacrifice. Medh., Gov., and Kull. probably allude to the custom of the latter school when they say that the Mantra must be recited by every sacrificer, and that its viniyoga or destination is to be repeated at the Katurmdsya and at the Anvashfakf-sraddha. Gov., Kull., Ragh., Nar., and Nand. explain retah, ‘seed,’ by matriragoripam skannam, and vrinktém, ‘may he keep away,’ either by bhagatdm (svikarotu, Nar., Nand.), ‘may he take for himself,’ or by sodhayatu, ‘may he purify’ (Gov., Kull., Ragh.). Medh. likewise knows the last explanation. But he gives also another, retak pituA sambandhi yad retaA sukram, and vrinktam, apanudatu, which comes nearer to that given above. Nidarsanam, ‘a scriptural text,’ means according to Medh., drish/anta#, ‘an example,’ and the other commentators explain it similarly.
22. I.e. as a river becomes salt after uniting with the ocean. It must be borne in mind that, according to the Indian poets, the rivers are the wives of the ocean.
23. Aksham4l4 or Arundhati was a KAnd4li (Gov., Ragh.), and became, as the Sruti states (Ragh.), with the permission of the Rishis, the wife of the sage Vasish/ha. The story of Mandapila is told in the Mahabhfrata I, 8335 seq. (Adhy. 229). Medh., Gov., and K, read Sagi instead of Sarangi or SArangi.
332 LAWS OF MANU. TX, 2g attained eminence in this world by the respective good qualities of their husbands.
The story of Mandapila is told in the Mahabhfrata I, 8335 seq. (Adhy. 229). Medh., Gov., and K, read Sagi instead of Sarangi or SArangi.
332 LAWS OF MANU. TX, 2g attained eminence in this world by the respective good qualities of their husbands.
25. Thus has been declared the ever pure popular usage (which regulates the relations) between husband and wife; hear (next) the laws concerning children which are the cause of happiness in this world and after death. <
26. Between wives (striya#) who (are destined) to bear children, who secure many blessings, who are worthy of worship and irradiate (their) dwellings, and between the goddesses of fortune (sriyah, who reside) in the houses (of men), there is no difference whatsoever.
27. The production of children, the nurture of those born, and the daily life of men, (of these matters) woman is visibly the cause.
28. Offspring, (the due performance of) religious rites, faithful service, highest conjugal happiness and heavenly bliss for the ancestors and oneself, depend on one’s wife alone.
29. She who, controlling her thoughts, speech, and acts, violates not her duty towards her lord, dwells with him (after death) in heaven, and in this world is called by the virtuous a faithful (wife, sadhvt).
30. But for disloyalty to her husband a wife is censured among men, and (in her next life) she is born in the womb of a jackal and tormented by diseases, the punishment of her sin.
247. Instead of pratyaham, ‘the daily (life of men),’ Medh. and Nar. read pratyartham, ‘(the life of men) in all its details,’ and Gov. prityartham, ‘the friendly intercourse of men,’ because he who has no wife cannot entertain others (Gov., Kull., Ragh.). Medh. mentions also another reading, pratyardham.
29. Identical with V, 165.
30. Vas. XXI, 14; see also above, V, 164.
p. 333
31. Listen (now) to the following holy discussion, salutary to all men, which the virtuous (of the present day) and the ancient great sages have held concerning male offspring.
32. They (all) say that the male issue (of a woman) belongs to the lord, but with respect to the (meaning of the term) lord the revealed texts differ ; some call the begetter (of the child the lord), others declare (that it is) the owner of the soil.
33. By the sacred tradition the woman is declared to be the soil, the man is declared to be the seed; the production of all corporeal beings (takes place) through the union of the soil with the seed.
34. In some cases the seed is more distinguished, and in some the womb of the female; but when both are equal, the offspring is most highly esteemed.
35. On comparing the seed and the receptacle (of the seed), the seed is declared to be more important; for the offspring of all created beings is marked by the characteristics of the seed.
36. Whatever (kind of) seed is sown in a field, prepared in due season, (a plant) of that same kind,
35. On comparing the seed and the receptacle (of the seed), the seed is declared to be more important; for the offspring of all created beings is marked by the characteristics of the seed.
36. Whatever (kind of) seed is sown in a field, prepared in due season, (a plant) of that same kind,
32. Ap. II, 13, 6-7 ; Gaut. XVIII, 9-14; Vas. XVII, 6-9, 63-64. Thus Gov., Kull., Ragh., and Nand. But Medh., Nar., and K. (prima manu) read kartari instead of bhartari, and with this reading the verse has to be translated as follows: ‘ They (all) declare that a (lawfully begotten) son belongs to the husband, but with respect to the begetter (of a child on another’s wife) there is a conflict between the revealed texts; some declare the begetter (to be the owner of the son), others that (he belongs to the) owner of the soil.’
34. The commentators point out the cases of Vy4sa and Rishyasringa as instances of the truth of the first proposition, and of Dhritarfsh/ra and other Kshetragas as instances of the second. ‘ Equal,’ i. e. ‘belonging to the same owner and to the same class’ (Medh.).
p. 37
marked with the peculiar qualities of the seed, springs up in it.
37. This earth, indeed, is called the primeval womb of created beings; but the seed develops not in its development any properties of the womb.
38. In this world seeds of different kinds, sown at the proper time in the land, even in one field, come forth (each) according to its kind.
39. The rice (called) vrihi and (that called) sli, mudga-beans, sesamum, mAsha-beans, barley, leeks, and sugar-cane, (all) spring up according to their seed.
40. That one (plant) should be sown and another be produced cannot happen ; whatever seed is sown, (a plant of ) that kind even comes forth.
41. Never therefore must a prudent well-trained man, who knows the Veda and its Angas and desires long life, cohabit with another's wife.
42. With respect to this (matter), those acquainted with the past. recite some stanzas, sung by Vayu (the Wind, to show) that seed must not be sown by (any) man on that which belongs to another.
43. As the arrow, shot by (a hunter) who afterwards hits a wounded (deer) in the wound (made by
37. ‘Develops not any properties of the womb,’ i.e. ‘shows no properties such as being composed of earth’ (Medh., Gov., Kull.).
39. Vrihi, i.e. such rice as ripens in sixty days (shashk§4) ; sdli, i.e. ‘red rice, which ripens in the cold season’ (Gov., Nar.). Mudga, i.e. Phaseolus Mungo (mfg); mAsha, i.e. Phaseolus Radiatus.
41. Vigana, ‘the knowledge of the Angas’ (Kull), means according to Medh. and Nar., ‘ profane knowledge ;’ according to R4gh., ‘the tradition.’ Nand. inverts the order, and says, ‘ profane and sacred learning.’
43. Or, according to a second explanation offered by Medh., ‘ As the arrow of the hunter who hits a wounded deer is shot into the air (as it were) and becomes useless.’
p. 335
inverts the order, and says, ‘ profane and sacred learning.’
43. Or, according to a second explanation offered by Medh., ‘ As the arrow of the hunter who hits a wounded deer is shot into the air (as it were) and becomes useless.’
p. 335
another), is shot in vain, even so the seed, sown on what belongs to another, is quickly lost (to the sower).
44. (Sages) who know the past call this earth (pvzthivi) even the wife of Przthu; they declare a field to belong to him who cleared away the timber, and a deer to him who (first) wounded it.
45. He only is a perfect man who consists (of three persons united), his wife, himself, and his offspring; thus (says the Veda), and (learned) Brahmamas propound this (maxim) likewise, ‘The husband is declared to be one with the wife.’
46. Neither by sale nor by repudiation is a wife released from her husband; such we know the law to be, which the Lord of creatures (Pragdpati) made of old.
47. Once is the partition (of the inheritance) made, (once is) a maiden given in marriage, (and) once does (a man) say, ‘I will give;’ each of those three (acts is done) once only.
44. ‘Though the earth, after she belonged to Prithu, was possessed by many kings, yet she is called Prithivi, or Prithvi, after her first owner Prithu’ (Medh., Nar.).
45. In confirmation of the first maxim the commentators adduce a passage of the V4gasaneyi-brahmama ; see also Ap. II, 14, 16.
46. The meaning is that a wife, sold or repudiated by her hushand, can never become the legitimate wife of another who may have bought or received her after she was repudiated (Medh.).
47. Yagi. I, 65. ‘A partition (of the inheritance),’ i. e. ‘one which has been made in accordance with the law, not one made unjustly’ (Gov., Kull, R&gh.). Medh. mentions two other explanations: 1. ‘if one of the coparceners complains afterwards that he has received too little, he is entitled only to have the particular point readjusted, not to annul the whole division ;’ 2. ‘if after the division it appears that one of the coparceners was disqualified by bodily defects and ought not to have received a share, the portion
p. 48
48. As with cows, mares, female camels, slavegirls, buffalo-cows, she-goats, and ewes, it is not the begetter (or his owner) who obtains the offspring, even thus (it is) with the wives of others.
49. Those who, having no property in a field, but possessing seed-corn, sow it in another’s soil, do indeed not receive the grain of the crop which may spring up.
50. If (one man’s) bull were to beget a hundred calves on another man’s cows, they would belong to the owner of the cows; in vain would the bull have spent his strength. Louw dt Moan sth
51. Thus men who have no marital property in women, but sow their seed in the soil of others, benefit the owner of the woman; but the giver of the seed reaps no advantage.
Louw dt Moan sth
51. Thus men who have no marital property in women, but sow their seed in the soil of others, benefit the owner of the woman; but the giver of the seed reaps no advantage.
52. If no agreement with respect to the crop has been: made between the owner of the field and the owner of the seed, the benefit clearly belongs to the owner of the field; the receptacle is more important than the seed.
53. But if by a special contract (a field) is made over (to another) for sowing, then the owner of the seed and the owner of the soil are both considered in this world as sharers of the (crop).
54. If seed be carried by water or wind into made over to him cannot be resumed by the others.’ N&r. refers the phrase ‘I will give’ to a verbal promise to give a girl, made without a libation of water. I read with Medh., Gov., RAgh., Nand., and K. sakrst sakrit, instead of satfm sakrit, ‘those three (acts are done) once among good men.’ The object of the verse is to show that a marriage is indissoluble, because a girl can be given once only (Kull., Nand.). 50. Vas. XVII, 8. ’ 54. I read with Gov., Ragh., and K., bigi, ‘the owner of thep. 337 somebody’s field and germinates (there), the (plant sprung from that) seed belongs even to the owner of the field, the owner of the seed does not receive the crop.
55. Know that such is the law concerning the offspring of cows, mares, slave-girls, female camels, she-goats, and ewes, as well as of females of birds and buffalo-cows.
56. Thus the comparative importance of the seed and of the womb has been declared to you; I will next propound the law (applicable) to women in times of misfortune.
57. The wife of an elder brother is for his younger (brother) the wife of a Guru; but the wife of the younger is declared (to be) the daughter-inlaw of the elder.
58. An elder (brother) who approaches the wife of the younger, and a younger (brother who approaches) the wife of the elder, except in times of misfortune, both become outcasts, even though (they were duly) authorised.
59. On failure of issue (by her husband) a woman who has been authorised, may obtain, (in the) proper (manner prescribed), the desired offspring by (cohabitation with) a brother-in-law or (with some other) Sapizda (of the husband).
seed,’ instead of vapté, ‘the sower of the seed’ (Medh., Kull., Nand.).
55- ‘Such is the law,’ i.e. what has been stated in verses 48-54.
56. ‘In times of misfortune,’ i.e. ‘when there is no male offspring.’
57. Guru means here, according to R4gh., ‘the father.’ As the younger brother’s wife is called ‘the daughter-in-law’ of the elder, the explanation is probably correct.
58-63. Gaut. XVIII, 4-8; Vas. XVII, 56-61; Baudh. II, 4, g-10; Yagh. I, 68-69.
59. A woman can be authorised by her husband, or after his
[25] z
p. 60
58-63. Gaut. XVIII, 4-8; Vas. XVII, 56-61; Baudh. II, 4, g-10; Yagh. I, 68-69.
59. A woman can be authorised by her husband, or after his
[25] z
p. 60
60. He (who is) appointed to (cohabit with) the widow shall (approach her) at night anointed with clarified butter and silent, (and) beget one son, by no means a second.
61. Some (sages), versed in the law, considering the purpose of the appointment not to have been attained by those two (on the birth of the first), think that a second (son) may be lawfully procreated on (such) women.
62. But when the purpose of the appointment to (cohabit with) the widow has been attained in accordance with the law, those two shall behave towards each other like a father and a daughterin-law.
63. If those two (being thus) appointed deviate from the rule and act from carnal desire, they will both become outcasts, (as men) who defile the bed of a daughter-in-law or of a Guru.
64. By twice-born men a widow must not be appointed to (cohabit with) any other (than her husband); for they who appoint (her) to another (man), will violate the eternal law.
death by his relatives. ‘On failure of issue,’ i.e. ‘of sons’ (Gov., R4gh., Nand.), or ‘of sons and of an appointed daughter’ (Medh.). If the son born is not fit to offer the Sriddhas, a second may be begot (Medh., Kull., Nar.).
60. According to the commentators, the expression ‘the widow’ is not intended to prohibit an appointment by a diseased or impotent husband.
61. ‘ Because the Sish/as say, “ He who has one son only, has no son”’ (Medh., Gov., Kull., Ragh.).
62. ‘ Those two,’ i.e. ‘ the elder brother and the female appointed.’
63. ‘ Those two,’ i.e. ‘an elder or younger brother.’ ‘The rule,’ see verse 60. For the last clause, compare verse 57.
64-68. These verses flatly contradict the rules given in the preceding ones. But it by no means follows that they are a modern
p. 339
65. In the sacred texts which refer to marriage the appointment (of widows) is nowhere mentioned, nor is the re-marriage of widows prescribed in the rules concerning marriage.
66. This practice which is reprehended by the learned of the twice-born castes as fit for cattle is said (to have occurred) even among men, while Vena ruled.
67. That chief of royal sages who formerly possessed the whole world, caused a confusion of the castes (varza), his intellect being destroyed by lust.
68. Since that (time) the virtuous censure that (man) who in his folly appoints a woman, whose husband died, to (bear) children (to another man).
69. If the (future) husband of a maiden dies after troth verbally plighted, her brother-in-law shall wed her according to the following rule.
70. Having, according to the rule, espoused her (who must be) clad in white garments and be intent
69. If the (future) husband of a maiden dies after troth verbally plighted, her brother-in-law shall wed her according to the following rule.
70. Having, according to the rule, espoused her (who must be) clad in white garments and be intent addition. For the same view is expressed by Ap. II, 27, 2-6, and was held, according to Baudh. II, 3, 34, by Aupagandhani. Moreover the Brshaspati Smriti states expressly (Colebrooke IV, Dig. CLVII) that the contradictory statement occurred in the MAnava Dharmas4stra, known to its author.
65. In his commentary on verse 66 Medh. points out that in other sacred texts, Rig-veda X, 40, 2, the Niyoga is mentioned.
66. According to the epic and Paurdzic tradition Vena was the father of Prithu, and a godless king, who demanded that the sacrifices should be offered to himself, not to the gods. He was, therefore, cut to pieces by the Brahmanas with blades of Kusa grass. But hitherto no other passage has been found where it is stated that he introduced the practice of Niyoga. Possibly the assertion of the Manava may have grown out of the etymological import of the word vena, ‘full of desire or lust.’
yo. The child born by a female thus married belongs, as the commentators point out, to her deceased betrothed.
Z2
p. 340
on purity, he shall approach her once in each proper season until issue (be had).
71. Let no prudent man, after giving his daughter to one (man), give her again to another ; for he who gives (his daughter) whom he had before given, incurs (the guilt of) speaking falsely regarding a human being.
72. Though (a man) may have accepted a damsel in due form, he may abandon (her if she be) blemished, diseased, or deflowered, and (if she have been) given with fraud.
73. If anybody gives away a maiden possessing blemishes without declaring them, (the bridegroom) may annul that (contract) with the evil-minded giver.
74. A man who has business (abroad) may de- -part after securing a maintenance for his wife; for a wife, even though virtuous, may be corrupted if she be distressed by want of subsistence.
75. If (the husband) went on a journey after providing (for her), the wife shall subject herself to restraints in her daily life; but if he departed without providing (for her), she may subsist by blameless manual work.
71. Yagi. I, 65; Vi. XXV, 9-10. Regarding the guilt incurred, see above, VIII, 98. Medh. and Nand. say that the verse is meant to forbid the marriage of a girl whose betrothed died. But Kull. thinks that it refers to all cases where a betrothal has taken place, and that it removes a doubt which might arise through a too strict interpretation of VIII, 227.
72. ‘In due form,’ i.e. ‘with a libation of water and in the presence of Brahmazas’ (Medh., Kull., Ragh.). ‘ Blemished,’ i. e. ‘by evil bodily marks’ (Medh., Kull., Ragh., Nand.), or ‘by being of a base family’ (Nar.).
73. See above, VIII, 205, 224.
74. Nand. inserts verses 95-96 after this.
72. ‘In due form,’ i.e. ‘with a libation of water and in the presence of Brahmazas’ (Medh., Kull., Ragh.). ‘ Blemished,’ i. e. ‘by evil bodily marks’ (Medh., Kull., Ragh., Nand.), or ‘by being of a base family’ (Nar.).
73. See above, VIII, 205, 224.
74. Nand. inserts verses 95-96 after this.
75. Yagi. 1, 84. ‘Shall subject herself to restraints in her daily
p. 341
76. If the husband went abroad for some sacred duty, (she) must wait for him eight years, if (he went) to (acquire) learning or fame six (years), if (he went) for pleasure three years.
77. For one year let a husband bear with a wife who hates him; but after (the lapse of) a year let him deprive her of her property and cease to cohabit with her.
78. She who shows disrespect to (a husband) who is addicted to (some evil): passion, is a drunkard, or diseased, shall be deserted for three months (and be) deprived of her ornaments and furniture.
79. But she who shows aversion towards a mad or outcast (husband), a eunuch, one destitute of manly strength, or one afflicted with such diseases as punish crimes, shall neither be cast off nor be deprived of her property.
80. She who drinks spirituous liquor, is of bad life,’ i.e. ‘shall not adorn herself, nor visit the houses of strangers, or go to festivals’ (Medh., Kull., RAgh.).
76. Gaut. XVII, 15, 17; Vas. XVII, 75-80. Kull., Nar., and R&gh. declare that after the expiration of the terms mentioned the wife shall go to seek her husband. Nand. says, ‘the meaning is that no sin is committed if she afterwards takes another husband.’ Medh. holds that she shall support herself, as before, by blameless occupations and remain chaste. He mentions the opinion of others, according to which she may take another husband in accordance with Narada’s and Pardsara’s precepts, but rejects it. ‘For pleasure,’ i. e. ‘in order to gain the favours of another woman whom he prefers’ (Medh., Kull., Ragh.).
77. ‘Her property,’ i.e. ‘the ornaments and other wealth given to her by himself’ (Kull., Ragh., Nand.), or ‘her separate property, which he may have given to her’ (stridhana, N4r.). The commentators add that she must, however, be maintained.
48. ‘ Addicted to (some evil) passion,’ i.e.‘to gambling and so forth’ (Kull., Nar.), or ‘to avarice’ (Ragh.).
80-81. Baudh. II, 4,6; Yaga. 1, 73.
80. ‘Diseased,’ i.e. ‘afflicted with leprosy or the like’ (Kull.);
p. 81
conduct, rebellious, diseased, mischievous, or wasteful, may at any time be superseded (by another wife).
81. A barren wife may be superseded in the eighth year, she whose children (all) die in the tenth, she who bears only daughters in the eleventh, but she who is quarrelsome without delay.
82. But a sick wife who is kind (to her husband) and virtuous in her conduct, may be superseded (only) with her own consent and must never be disgraced. ‘
82. But a sick wife who is kind (to her husband) and virtuous in her conduct, may be superseded (only) with her own consent and must never be disgraced. ‘
83. A wife who, being superseded, in anger departs from (her husband’s) house, must either be instantly confined or cast off in the presence of the family.
84. But she who, though having been forbidden, drinks spirituous liquor even at festivals, or goes to public spectacles or assemblies, shall be fined six krzshaalas.
85. If twice-born men wed women of their own and of other (lower castes), the seniority, honour, and habitation of those (wives) must be (settled) according to the order of the castes (vara).
86. Among all (twice-born men) the wife of equal caste alone, not a wife of a different caste by any means, shall personally attend her husband and assist him in his daily sacred rites.
87. But he who foolishly causes that (duty) to be
‘ mischievous,’ i.e. ‘ who beats or ill-treats her children, servants, &c.’ (Medh., N4r., Kull.).
83. ‘Of the family,’ i.e.‘of her own and the husband’s family’ (Medh.), or ‘of her own family’ (Kull., Nar.).
86. Vi. XXVI,1; Y4gi.1,88. ‘Personally attend,’ i. e. ‘ prepare and bring his food, &c.’ (Medh.; Kull., Ragh.).
87. Vi. XXVI, 2. Instead of ‘by the ancients’ (Kull., Ragh.,p. 343 performed by another, while his wife of equal caste is alive, is declared by the ancients (to be) as (despicable) as a KAndala (sprung from the) Brahmaza (caste).
88. Toa distinguished, handsome suitor (of) equal (caste) should (a father) give his daughter in accordance with the prescribed rule, though she have not attained (the proper age).
89. (But) the maiden, though marriageable, should
“rather stop in (the father’s) house until death, than that he should ever give her to a man destitute of
, good qualities.
90. Three years let a damsel wait, though she be | marriageable; but after that time let her choose for “ herself a bridegroom (of) equal (caste and rank),
_ gi. If, being not given in marriage, she herself seeks a husband, she incurs no guilt, nor (does) he whom she weds.
g2. A maiden who choses for herself, shall not take with her any ornaments, given by her father or her mother, or her brothers; if she carries them away, it will be theft.
93. But he who takes (to wife) a marriageable
Nand.), Medh. says, ‘since olden times,’ Nar. ‘in the Purdua.’ Regarding the origin of the KAandalas, see below, X, 12.
88-92. Gaut. XVIII, 20-23; Vas. XVII, 69-71; Baudh. IV, 1, 11-14; Vi. XXIV, 40-41; YAga. I, 64.
88. ‘Though she have not attained (the proper age),’ i.e.‘the age of eight years’ (Kull., Nar., Ragh.), or ‘before she is bodily fit for marriage’ (Medh., Nand.). Medh. specially objects to the first opinion, ‘because men greedy of money give even an infant in marriage.’
XXIV, 40-41; YAga. I, 64.
88. ‘Though she have not attained (the proper age),’ i.e.‘the age of eight years’ (Kull., Nar., Ragh.), or ‘before she is bodily fit for marriage’ (Medh., Nand.). Medh. specially objects to the first opinion, ‘because men greedy of money give even an infant in marriage.’
92. I read with Medh. and Nand., steyam syat, instead of stena syat, ‘she will be a thief’ (Kull, Ragh., K.). Medh. mentions another reading, stenah syat, ‘he, i.e. the bridegroom, will bea thief.’
93. Medh. says that this verse, according to ‘some,’ does not belong to Manu (keéid ahuA amanavo ’yam slokaf).
i-
,p. 94 damsel, shall not pay any nuptial fee to her father; for the (latter) will lose his dominion over her in consequence of his preventing (the legitimate result of the appearance of) her menses.
94. A man, aged thirty years, shall marry a maiden of twelve who pleases him, or a man of twenty-four a girl eight years of age; if (the performance of) his duties would (otherwise) be impeded, (he must marry) sooner.
95. The husband receives his wife from the gods, (he does not wed her) according to his own will; doing what is agreeable to the gods, he must always support her (while she is) faithful.
96. To be mothers were women created, and to be fathers men; religious rites, therefore, are ordained in the Veda to be performed (by the husband) together with the wife.
97. If, after the nuptial fee has been paid for a maiden, the giver of the fee dies, she shall be given in marriage to his brother, in case she consents.
94. Medh. and Kull. point out that this verse is not intended to lay down a hard and fast rule, but merely to give instances of suitable ages. ‘If (the performance of) his duties would be impeded, &c.,’ i. e. ‘if he has finished his studentship earlier, he must marry at once in order to be able to fulfil his duties as a householder’ (Kull, Nar., Ragh.).
95. ‘From the gods,’ i.e. ‘from those mentioned in the Mantras recited at the wedding, e.g. from Bhaga, Aryaman, Savitri, &c.’ (Kull, Ragh.), or ‘from Agni’ (N4r.), or ‘from Soma, the Gandharva, and Agni’ (Medh., Nand.). Medh. reads vindeténikssay4, ‘shall wed without a wish on his part,’ but mentions the other reading, vindate ne&khay4, too. According to Medh., Kull., and Ragh., a faithful wife must be supported, even if she does not love her husband.
97. ‘His brother,’ i.e. ‘his full brother, who is even (as) the deceased himself’ (Nar.), Regarding the nuptial fee, and the
p. 345
98. Even a Sadra ought not to take a nuptial fee, when he gives away his daughter ; for he who takes a fee sells his daughter, covering (the transaction by another name).
99. Neither ancients nor moderns who were good men have done such (a deed) that, after promising (a daughter) to one man, they gave her to another ;