The Minor Law-Books: Nârada and Brihaspati — SBE Vol. 33 (trans. Julius Jolly, 1889)
English·1879–1910·trans. Julius Jolly·277 passages
The text · part 7 of 14
the prostitution of widows or other (virtuous females) among heretics or other (sinful men), has been attempted, the king must redress it, though it may have been practised for a long time. Viramitrodaya, p. 431.
XI, 1. The meaning is as follows: ‘A dike,’ an embankment for the purposes of irrigation. ‘A field,’ a cultivated piece of ground (under water). ‘A boundary,’ a landmark. ‘A tilled piece of ground,’ cultivated soil. ‘A waste,’ uncultivated ground. When a decision has to be given in a quarrel with regard to any of these, it is called a lawsuit concerning landed property, or Boundary Dispute. Vframitrodaya, p. 451.
2. Manu VIII, 259; YAgziavalkya II, 150.
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(other) members of the same community, and the senior (inhabitants of the district),
*3. (As also) with those living outside on the outskirts of the village and who live by the tillage of fields situated in those parts, and with herdsmen, bird-catchers, hunters, and other inhabitants of the woods,
4. These men shall determine the boundary, in accordance with the (old) landmarks, (such as) chaff of grain, coal, pot-sherds, wells, sanctuaries, trees,
5. Objects of general notoriety, such as ant-hills, artificial mounds, slopes, hills and the like, and fields, gardens, roads, and old dikes.
6. When a piece of ground has been carried off by a stream, or abandoned (by the owner), or when the boundary marks have been destroyed, (they shall fix the boundary) according to the inference to be drawn from (an inspection of) the spot, and according to the traces of possession (held by the former owner).
*7, Should the neighbours speak falsely, when called upon to decide a question of this sort, they shall all be punished one by one by the king, each having to pay the fine of the (second or) middlemost degree.
*8. The corporation, the senior (inhabitants of
3. The foresters shall only be consulted in default of cultivators whose fields are adjacent to the boundaries of the village. Viramitrodaya, p. 456. Manu VIII, 260. YAgvavalkya II, 150.
4, §- Manu VIII, 246-251; Yagvavalkya II, 151.
7. Manu VIII, 263; Ydagnavalkya II, 153. The fine of the second degree consists of 500 Pamas.
8. The lower degree of punishment in the case of the persons here mentioned seems to be due to the fact that they may be supposed to be interested in the suit.
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the district) and the rest shall also receive punishment one by one: they shall have to pay the fine of the first degree, if they make false statements.
*9,. The boundary should not be fixed by one man single-handed, though he be a reliable person. This business should be entrusted to a plurality of persons, because it is an affair of importance.
*1o, Should a single man undertake to fix the boundary, (he must do so) after having kept a fast, in a collected frame of mind, wearing a garland of red flowers and a (red) cloak, having strewed earth on his head.
*1o, Should a single man undertake to fix the boundary, (he must do so) after having kept a fast, in a collected frame of mind, wearing a garland of red flowers and a (red) cloak, having strewed earth on his head.
*11. Should there be no persons conversant (with the true state of the question) and no boundary marks, then the king himself shall fix the boundary between the two estates, as he thinks best.
12. According to this rule let all contests be decided in regard to houses, gardens, reservoirs of water, sanctuaries and the rest, as well as the space intermediate between two villages.
*13. When trees have grown on the boundary (or ridge) separating two contiguous fields, the fruits and blossoms shall be assigned to the owners of the two fields in common.
g. According to the Viramitrodaya (p. 458), this prohibition in regard to the determination of the boundary by a single man, has reference to those only who are not acceptable to both parties and unacquainted with the law.
to. Manu VIII, 256; Yagiavalkya II, 152. ;
11. In default of neighbours and other persons conversant with the state of the matter, and of trees and other boundary marks, the king shall fix the boundary of his own accord. He shall distribute the ground intermediate between the two villages, which has become the subject of a contest, between the two litigant parties, and fix landmarks between the two. Viramitrodaya, p. 460. Manu VIII, 265; Y4gravalkya II, 153.
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*14. When the boughs (or offshoots) of trees grown on the field of one man should take root in the field of another man, they must be known to belong by right to the owner (of that field), because they have sprung forth in another field (than the stem of the tree).
*15. A cross-road, the sanctuary of a deity, a street, and a public road must not be obstructed by (a place for) ordure, a terrace, a pit, an aqueduct, the edge of a thatch (syandanik4), or the like (obstructions).
16. Should any one cause such obstruction through inadvertency or by force, the king shall impose on him a fine of the highest degree.
*17, The (erection of a) dike in the middle of another man’s field is not a prohibited act, as it may be productive of considerable advantage, whereas the loss is trifling. That is to be desired as (comparative) gain where there is (a slight) loss (only).
*18. There are two sorts of dikes (or watercourses), one (called kheya) which is dug into the ground, and (another called bandhya) which prevents the access of water. A kheya dike serves the purpose of irrigation, a bandhya dike serves to keep the water off.
*19. No grain is (ever produced) without water ;
14. This rule seems to be intended principally for banyans and the like trees covering a large area with their offshoots. The Nepalese MS. omits vv. 13, 14, 16.
15. The term syandanik4 is variously explained as denoting either the projecting roof or the eaves of a house.
17. Yagavalkya II, 156.
This rule seems to be intended principally for banyans and the like trees covering a large area with their offshoots. The Nepalese MS. omits vv. 13, 14, 16.
15. The term syandanik4 is variously explained as denoting either the projecting roof or the eaves of a house.
17. Yagavalkya II, 156.
18. Kheya means literally ‘what is capable of being dug,’ and bandhya ‘ what is capable of being stopped.’ What is meant by these two terms may best be seen from the next paragraph.
XI, 24. BOUNDARY DISPUTES. “159
but too much water tends to spoil the grain. An inundation is as injurious (to growth) as a dearth of water.
*2o. If a man were to put in repair a dike erected long ago, but decayed, without asking the permission of the owner, he shall not have (the use and) profits of it.
* 21. However, after the death of the owner or of another man sprung from the same race (who has succeeded to his property), he may repair the dike, after having been authorized to do so by the king.
* 22. By acting otherwise he will get into trouble, in the same way as the hunter (of the tale). The shafts of him are spent in vain who hits again and again one who has been hit already.
* 23. When the owner of a field is unable (to cultivate it), or dead, or gone no one knows whither, any stranger who undertakes its cultivation unchecked (by the owner or others) shall be allowed to keep the produce.
* 24. When the owner returns while the stranger ao. With the owner’s permission, any man may restore a dike, &c., which has fallen into decay. Viramitrodaya, p. 468. Yagvavalkya II, 157. Read pravréttam in the text.
21. The authority of the king is required, because, without it, the profits of the dike would have to be enjoyed by the king himself. See YAgviavalkya II, 157.
a2. The tertium comparationis in this simile has to be sought in the vanity of the effort only. Manu (IX, 73) applies the same simile to seed, i.e. semen virile spent in vain on the field, i.e. wife of a stranger.
23. ‘Unable’ (to cultivate the field) through want of means. ‘A field,’ one which has become a desert. Vivadadintamasi, p. 64.
24. ‘The owner,’ or his son or other (descendant). ‘The whole expense incurred in tilling the waste,’ the cost of converting the desert into cultivated ground. Viramitrodaya, pp. 469, 470.
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is engaged in cultivating the field, (the owner) shall recover his field, after having paid (to the cultivator) the whole expense incurred in tilling the waste.
25. A deduction of an eighth part (shall be made), till seven years have elapsed. But when the eighth year arrives, (the owner) shall recover the field cultivated (by the other, as his independent property).
* 26. A tract of land (which has not been under cultivation) for-a year is called Ardhakhila (halfwaste). That which has not been (under cultivation) for three years is called Khila (waste). That which has not been under cultivation for five years is no better than a forest.
* 26. A tract of land (which has not been under cultivation) for-a year is called Ardhakhila (halfwaste). That which has not been (under cultivation) for three years is called Khila (waste). That which has not been under cultivation for five years is no better than a forest.
27. A field which has been held by three generations in succession, and a house which has been inherited from an ancestor, cannot be estranged (from its legitimate owner) by force of possession, except when the king wills it so.
* 28. When grain has been destroyed by cows or
25. It appears from an analogous text of K4tyayana that this rule is intended for those cases where the owner is unable to pay for the expense incurred by the cultivator. Katyayana says, ‘If through want of means (the owner) do not repay the expense entailed by the cultivation of the waste, the cultivator shall be allowed to keep the produce minus an eighth part. During eight years he may keep the (annual) produce (minus an eighth). After that period, it shall belong to the proprietor.’
26. These definitions are inserted here, because the previous rules according to the commentators apply to a desert or forest only, the cultivation of which causes considerable difficulty and expense.
28-42. N4rada’s eleventh title of law, though called ‘Boundary Disputes,’ is in reality a collection of all legal rulcs relating to fields. Manu and those who follow him treat the subject of damage done by cattle to crops or grass as a section of the chapter on ‘Disputes between master and herdsman,’ which title of law is wanting in the Narada-smriti.
28. Gautama XIJ, 20.
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other cattle crossing a fence, the herdsman deserves punishment in that case, unless he should have done his best to keep the cattle off.
* 29. When grain has been destroyed (altogether), with the root, the owner of it may claim a corresponding quantity of grain (as damages) ; the herdsman shall be corporally punished ; and on his master he shall impose a fine.
* 30. A cow within ten days after her calving, a full grown bull, a horse, and an elephant shall be kept off carefully. The owner of any one out of these animals is not liable to punishment (should they do mischief).
* 31. For (mischief done by) a cow he shall inflict a fine of one MAsha ; for (mischief done by) a female buffalo, two M4shas; in the case of a goat or sheep (trespassing) with its young, the fine shall amount to half a M4sha.
* 32. The (owners of) elephants and horses shall not have to pay any fine; for they are looked upon as protectors of (the king’s) subjects. Impunity is (likewise) granted to (the owner of) a strayed cow,
29. The author of the Viramitrodaya (p. 450) observes expressly that the term vadha denotes corporal punishment, and not execution, in this place. The other commentators agree with him. Manu VIII, 241; Yagaavalkya II, 161 ; Gautama XII, 26; Vishzu V, 146. The Nepalese MS. omits this paragraph. .
The author of the Viramitrodaya (p. 450) observes expressly that the term vadha denotes corporal punishment, and not execution, in this place. The other commentators agree with him. Manu VIII, 241; Yagaavalkya II, 161 ; Gautama XII, 26; Vishzu V, 146. The Nepalese MS. omits this paragraph. .
30. The reason why horses and elephants have to be kept off is given in paragraph 32. Horses and elephants were used for the purposes of war principally. Manu VIII, 242; YAag#avalkya II, 163, &c.
31. Vishnu V, 140-144; Gautama XII, 22-25; YAgaavalkya Il, 159.
32, 33- Manu VIII, 242; Vishnu V, 150; Yagfavalkya II, 163. The Nepalese MS. has ‘a pregnant cow’ for ‘a strayed cow.’
[33] Mp. 162 of one that has recently calved, and of one unmanageable.
33. (As also to the owner of) one that has lost her way, or broken down, or stuck (in marshy ground), or (of) a bull marked with the sign of consecration. Four times (the amount of the damage done) is declared (to be the fine) in the case of (a cow) whose nostrils have been pierced and who abides in the field.
* 34. When the cattle lie down in the field (after grazing), the fine to be inflicted shall be double; when they remain (in the field for the night), it shall be four times (the ordinary amount); when they graze in the sight (of the keeper), that man shall be punished even as a thief.
* 35. When cows, straying through the fault of
33- The genuineness of this paragraph appears doubtful, because some of the propositions contained in it are nearly identical with the rules laid down in the paragraphs immediately preceding and following it. Besides, the language of this paragraph is obscure, and it is not given in any commentary nor in the Nepalese MS. The solemn ceremony of setting a bull at liberty and consecrating him to the gods, with a mark on each flank, is described by Vishnu, chapter LXXXVI, and in the Grzhya-sftras. Piercing the nostrils of a barren cow is mentioned as an offence by Manu VIII, 325. It does not become clear why damage done by a cow of this sort should be a greater offence than damage done by an ordinary cow.
34. ‘When they lie down in the field,’ after having eaten their fill. ‘When they remain,’ when they spend the night in the field, after grazing. Vivadatintamani, Gagannatha, &c. ‘In the sight of the keeper:’ thus according to Gagann&tha (Colebrooke’s Digest, TIT, 4, 46’. The correctness of his interpretation is confirmed by Yagfavalkya II, 162. According to the Vivadafintamani (p. 67), the meaning is this, that the cattle are allowed to graze by the keeper, in the sight of the proprietor of the field, and in spite of the remonstrances of the latter. Vishnu V, 145; YAgfavalkya II, 160, 162.
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their keeper, have entered a field, no punishment shall be inflicted on the owner of the cows; the herdsman (alone) is punishable (for the damage done by them).
Vishnu V, 145; YAgfavalkya II, 160, 162.
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their keeper, have entered a field, no punishment shall be inflicted on the owner of the cows; the herdsman (alone) is punishable (for the damage done by them).
* 36. When (a herdsman) has been seized by the king or (devoured) by an alligator, or struck by Indra’s thunderbolt, or bitten by a serpent, or fallen from a tree,
* 37. Or killed by a tiger or other (ferocious animal), or smitten by a disease of any sort, no offence can be imputed either to the herdsman or to the owner of the cattle.
* 38. When a man claims damages for grain consumed by cattle (grazing in his field), that quantity of grain must be restored to him (by the owner of the cattle), which has been consumed in the field in the estimation of the neighbours.
* 39. The cows shall be given up to their owner, and the grain to the husbandman. In the same way a fine shall be imposed on the herdsman when grain has been trodden down (by cows).
36. ‘Seized by the king,’ employed in the king’s business. See Colebrooke’s Digest, III, 4, 52.
37. This paragraph is omitted in the Nepalese MS.
38. Gautama XII, 26; Manu VIII, 241; Y4gaavalkya II, 161. The Nepalese MS. inserts a spurious verse here, the first half of which is identical with Manu IX, 37, and the second half identical with NArada XI, 22.
39. The meaning of the injunction to give up the cows seems to be this, that the owner of the cows shall not at once recover them, when they have been seized by the proprietor of the field, after doing damage in the field. The Vivadatintémani has a different reading of this clause: gavatram gomin4 deyam. This is explained as meaning that ‘blades of corn must be made good by the owner of cattle.’ Similar readings are found in other commentaries as well. Apastamba II, 11, 28, 5.
M,2
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40. When a field is situate on the borders of | a village, or contiguous to a pasture ground, or adjacent to a high road, the herdsman is not reprehensible for the destruction of grain (in that field), if the field is not protected by a fence.
* 41. On (that side of) the field which faces the road a fence shall be made over which a camel cannot look, nor cattle or horses jump, and which a boar cannot break through. .
* 42. A householder’s house and his field are considered as the two fundaments of his existence. Therefore let not the king upset either of them; for that is the root of householders.
43. When his people are flourishing, the religious merit and the treasure of a king are sure to be in a flourishing state as well. When (the people) cease to prosper, (his merit and his treasure) are sure to abate as well. Therefore he must never lose sight of (that) cause of prosperity.
TWELFTH TITLE OF LAW.
Tue Mutua Duties or Husspanp AND WIFE.
* 1, That title of law in which the legal rules for women and men regarding marriage and the other
Therefore he must never lose sight of (that) cause of prosperity.
TWELFTH TITLE OF LAW.
Tue Mutua Duties or Husspanp AND WIFE.
* 1, That title of law in which the legal rules for women and men regarding marriage and the other
40. ‘Pasture ground,’ a meadow reserved for feeding cows or other cattle. Ratnakara. See Colebrooke’s Digest, III, 4, 27. Manu VIII, 238, 240; Vishnu V, 147, 148; Gautama XII, 21; YAgfavalkya II, 162.
41. Manu VIII, 239.
42. This maxim shows that the compiler of the Narada-smriti wrote for an essentially agricultural people.
XII, 1. Manu IX, 1.
XII,g. . CATTLE; HUSBAND AND WIFE. 165
(mutual relations between them) gre laid down is called The Mutual Duties of Husband and Wife.
2. When a woman and man are to unite (as wife and husband), the choice of the bride must take place first of all. The choice of the bride is succeeded by the (ceremony of) joining the bride and bridegroom’s hands. Thus the ceremony (of marriage) is twofold.
3. Of these two parts (of the marriage ceremony) the choice of the bride is declared to lose its binding force, when a blemish is (subsequently) discovered (in either of the two parties). The Mantra (prayer), which is recited during the ceremony of joining the bride and bridegroom’s hands, is the permanent token of matrimony.
4. When a Brahman, Kshatriya, Vaisya, or Sddra takes a wife, it is best for him to take her out of his own caste; and so is a member of her own caste the (most eligible) husband for a woman (of any caste).
5. A Brahman may marry three wives of different caste, in the direct order of the castes; and so may
2. The Smriti-writers, as a rule, do not mention the act of varana, ‘choice of a bride,’ at all. It appears from the next para- “graph that Narada also does not place it ona par with the ceremony of marriage, which is indissoluble for life.
3. The ‘choice of the bride,’ or betrothal, being dissoluble on the discovery of a blemish (in either party), it follows that the act of joining the bride and bridegroom’s hands, i.e. the ceremony of marriage, must be indissoluble. See, too, paragraph 28. The particular Mantras to be recited during the marriage ceremony are given in the Grrhya-sitras.
4: Apastamba II, 6, 13, 1; Vasish¢ka VIII, 1; Gautama IV, 1; Manu III, 12; YAggiavalkya I, 55.
g,6. It is important to note that Narada belongs to that group of Smriti-writers who recognise the legitimacy of marriage unions between Brahmans and Sidra women. Baudhayana I, 8, 16, 1-5;
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a Sidra woman take a husband of any of the three castes above her own.
6. For a Kshatriya, two wives differing (from him) in caste are permitted; for a Vaisya, a single wife differing (from him) in caste. (On the other hand), a Vaisya woman may take a husband of two different castes; and a Kshatriya woman may take a husband of one different caste.
6. For a Kshatriya, two wives differing (from him) in caste are permitted; for a Vaisya, a single wife differing (from him) in caste. (On the other hand), a Vaisya woman may take a husband of two different castes; and a Kshatriya woman may take a husband of one different caste.
7. Sagotras and Sam4napravaras are ineligible for marriage up to the fifth and seventh degrees of relationship respectively, on the father’s and mother's side.
*8. The man must undergo an examination with regard to his virile; when the fact of his virile has been placed beyond doubt, he shall obtain the maiden, (but not otherwise.)
*9. If his collar-bone, his knee, and his bones (in
Vasish/ha I, 24, 25; Vishnu XXIV, 1-4; Manu III, 12-14; YAgiiavalkya I, 56, 57.
6. The somewhat laconic terms of the original may be paraphrased as follows: A Kshatriya may marry a Vaisya and a Sadra woman, besides a wife of his own caste. A Vaisya may marry a Sddra woman, besides a wife of his own caste. A Vaisya woman may either take a Vaisya husband, or she may wed a Kshatriya ora Brahman. A Kshatriya may either take a Kshatriya husband, or she may marry a Brahman.
4. A Sagotra is a relative bearing the same family name (laukika gotra). A SamAnapravara is one descended from the same Rishi (vaidika gotra). See Professor Bithler’s notes on Gautama XVII, 6; Apastamba TI, 5, 11, 15. Manu III, 5; Apastamba TI, 5, 11, 15-16; Gautama IV, 2-5; Vasish/ha VIII, 1, 2; Baudhayana II, 1, 31-38; Vishvu XXIV, 9, 10; Manu III, 5; Yagitavalkya I, 53.
8. Yagfiavalkya I, 55. It should be observed, however, that the eligibility of impotent men or eunuchs for marriage is recognised in the Code of Manu (IX, 203), and that such men are very commonly married now-a-days.
9. The curious disquisition on impotency is quoted in such anp. 167 general) are strongly made; if his shoulders and his hair are (also) strongly made; if the nape of his neck is stout, and his thigh and his skin delicate ; if his gait and his voice is vigorous ;
*10o. If his semen, when thrown into water, does not swim on the surface; and if his urine is rich and foamy : by these tokens may a potent man be known; and one impotent by the opposite characteristics.
*t1. Fourteen species of impotent men are distinguished by the sages, according to the rules of science, including both the curable and incurable. The rules regarding them shall be given in order.
*12. One naturally impotent, one whose testicles have been cut out, a Pakshashandfa, one who has been deprived of his potency by a. curse of his Spiritual guide, or by illness, or by the wrath of a deity,
*13. One jealous, a Sevya, one whose semen is (evanescent) as air, a Mukhebhaga, one who spills
One naturally impotent, one whose testicles have been cut out, a Pakshashandfa, one who has been deprived of his potency by a. curse of his Spiritual guide, or by illness, or by the wrath of a deity,
*13. One jealous, a Sevya, one whose semen is (evanescent) as air, a Mukhebhaga, one who spills early compilation as Apararka’s Commentary of the YAg#avalkyasmriti (twelfth century), which goes far to prove its genuineness. Apararka’s gloss on this passage, scanty as it is, has proved useful in elucidating some of the difficult terms occurring in it, and in establishing the correct readings. Besides, I have been able to avail myself of some valuable remarks, kindly communicated to me by the late Dr. Haas, the well-known connoisseur of Indian medicine.
1o. An analogous text is quoted from the Smriti of KAtyayana. ‘He is called impotent whose urine froths not and whose feces sink in water, and whose generative organ is deficient in erection or seminal juices.’ See Colebrooke’s Digest, V, 5, 330.
12. ‘One naturally impotent’ (nisargashandha), one born without the capacity of producing semen. Aparfrka. This category seems to be synonymous with the sahaga of Susruta, the standard writer on medicine. Pakshashandha, according to Apararka, is one capable of approaching a woman once in every half-month (Paksha).
13. The jealous man, frshy4shandha, seems to be identical with the irshyaka of Susruta, ‘qui nisi alius cujusdam ineuntis feminamp. 14 his semen, one whose semen is devoid of strength, one timorous, and one who is potent with another woman (than his wife) only, (these are the fourteen sorts of impotent persons.)
*14. Among these, the two first are incurable ; the one called Pakshashazdha should wait for a month; the (three) named after him shall have to wait for a year.
*15. Those four, among whom, in the above enumeration, the one jealous comes first, shall be avoided by their wives just like an outcast, though they may have been enjoyed by them.
*16. For the wife of one who spills his semen, or whose semen is devoid of strength, though they may have discharged their marital duties, another husband must be procured, after she has waited for half a year.
*17, Ifa man is timorous, he fails when he is about
*16. For the wife of one who spills his semen, or whose semen is devoid of strength, though they may have discharged their marital duties, another husband must be procured, after she has waited for half a year.
*17, Ifa man is timorous, he fails when he is about conspectu non potest.’ The term sevya is obscure enough. Dr. Haas proposes to read fa sevyaska or 4a mevyaska or Aasekyaska, for ka sevyaska. The Asekya is a species of impotent person according to Susruta. It may be, however, that the reading sevya is correct, and denotes one with whom sexual intercourse is possible- Mukhebhaga, ‘is qui ore prout cunno utitur.’ The revolting practice in question is repeatedly referred to e.g. by Narada himself, VI, 19, according to the commentators, and I, 183. Dr. Haas proposes to read mushkabhagnad, ‘ one deprived of the scrotum.’ It may be argued, however, that this category has already been referred to in paragraph 12, and that the reading mushkabhagna is objectionable for metrical reasons. According to Apararka, akshipta, the next term, means ‘is cujus semen in coitu retro (aut susum) fluit ;’ moghabiga means ‘is cui semen ad propagationem aptum non est;’ sdlina means ‘is cujus penis coitu facto collabitur;’ and anydpati, the last term, means ‘is qui cum alia femina praeter uxorem potest.’
15. ‘Like an outcast (patita).” Dr. Haas assigns a different meaning to the term patita, viz. ‘is cujus penis collabitur ;’ and refers to such expressions as dhvaga/ patati, ‘ penis collabitur,’ in the Bhavaprak4sa.
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to approach his wife; such a feeble man shall be stirred up by bringing before him other men’s wives or young maidens, &c.
*18. If a man is potent with another woman but impotent with his own wife, his wife shall take another husband. This is a law promulgated by the Creator of the world.
19. Women have been created for the sake of propagation, the wife being the field, and the husband the giver of the seed. The field must be given to him who has seed. He who has no seed is unworthy to possess the field.
20. Let a maiden be given in marriage by her father himself, or by her brother with the father’s authority, or by her paternal grandfather, or by her maternal uncle, or by her agnates or cognates.
21. In default of all these, by the mother, in case she is competent (to act as guardian); if she be wanting in competence, the distant connexions shall give a maiden in marriage.
22. If no such person be in existence, let the maiden have recourse to the king, and let her, with his permission, betake herself to a bridegroom of her own choice,
20, 21. The object of these rules is to prevent that any marriageable maiden should remain unmarried, which is a great point in the eyes of a Hindu legislator. Vishnu XXIV, 38, 39; Manu V, 151; Yagriavalkya I, 63. The Nepalese MS. refers to the maternal instead of the paternal grandfather.
The object of these rules is to prevent that any marriageable maiden should remain unmarried, which is a great point in the eyes of a Hindu legislator. Vishnu XXIV, 38, 39; Manu V, 151; Yagriavalkya I, 63. The Nepalese MS. refers to the maternal instead of the paternal grandfather.
22, 23. This is the custom of Svayamvara, ‘self-choice (of a bridegroom),’ so well known from the Indian epics. It appears from this paragraph that Narada does not allow this custom to be practised except with certain restrictions. See, however, the next paragraph. ‘Age;’ Manu says (IX, 94) that a man at the age of thirty shall marry a maiden of twelve, and a man aged twenty-four, years a maiden of eight. Gautama XVIII, 20; Vasish‘ha XVII,
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23. Who belongs to her own caste, and is a suitable match in point of descent, morality, age, and sacred learning. Let her discharge her religious duties in common with him, and bear children to him.
24. When a bridegroom goes abroad after having espoused a maiden, let the maiden wait till her menses have passed three times, and then choose another bridegroom.
25. Let no maiden suffer the period of maturity to come on without giving notice of it to her relations. Should they omit to give her in marriage, they would be equal to the murderers of an embryo.
26. He who does not give such a maiden in marriage commits the crime of killing an embryo as many times as her period of menstruation passes by without her having a husband.
27. Therefore a father must give his daughter in marriage once (for all), as soon as the signs of maturity become apparent. (By acting) otherwise he would commit a heavy crime. Such is the rule settled among the virtuous.
67,68; Manu IX, 90-92; Vishvu XXIV, 40; Yaghavalkya I, 64; Baudhfyana IV, 1,14. Read anurfpam in the text.
24. This is the law in the case of a woman recently married, when consummation has not yet taken place. As for the conduct enjoined to one left by her husband, when they have been married for some length of time, see paragraphs 96-101.
25. Maturity, according to a well-known versus memorialis, generally commences after completion of the tenth year. ‘One aged eight years is a child; one aged nine years is a maiden; one aged ten years is a virgin ; after that time she is a marriageable woman.’ See Pardsara VII, 6; Samvarta V, 66; Gautama XVIII, 22; Vasishtha XVII, 69; Vishvu XXIV, 41; Manu IX, 4, 93.
26. Vasish‘ha XVII, 71; YAgfavalkya I, 64; Baudhdyana IV, I, 13.
247. It must not be inferred from this rule that Narada is not
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28. Once is the (family) property divided, once is a maiden given in marriage, and once does a man say, ‘I will give;’ each of these three acts is done a single time only among the virtuous.
247. It must not be inferred from this rule that Narada is not
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28. Once is the (family) property divided, once is a maiden given in marriage, and once does a man say, ‘I will give;’ each of these three acts is done a single time only among the virtuous.
29. This rule applies to the five (first) marriage forms only, beginning with the Brahma (form of marriage). In the three (others), beginning with the Asura form, the (irrevocable) gift (of a maiden to a particular suitor) depends on the qualities (of the suitor).
30. Should a more respectable suitor, (who appears) eligible in point of religious merit, fortune, and amiability, present himself, when the nuptial gift has already been presented (to the parents by the first an advocate of infant marriage, like many other Smriti-writers. Thus Daksha says, ‘Let a maiden be given in marriage at the age of eight years; thus justice will not be violated.’ Angiras rules that a maiden must be given in marriage in her tenth year by all means. RagamArtamda, Yama, and Pardsara declare that it is a heavy sin if she continues to reside at her father’s house after having reached her twelfth year of age. Vasish‘ha, Gautama, Vishzu, and Manu (IX, 93) ordain to give a maiden in marriage before she attains the age of puberty.
28. This is the general rule regarding the indissolubility of the marriage tie, Divers important restrictions of this rule are stated in paragraphs 24, 29, 30, 96-101. Identical with Manu IX, 47. The Nepalese MS. inserts two paragraphs here: ‘Soma springs into existence when the marks of puberty appear, and enjoys women. Their breast is a GAndharva, and Agni (the god of fire) is said to dwell in their menstrual discharge. Therefore let a father give his daughter in marriage before the marks of puberty have appeared in her, and before the menses and the breasts have been developed, and before she has been enjoyed by Soma and the rest.’ The first paragraph occurs in the Paéfatantra as well. See the Petersburg Dictionary, s. v. Gandharva.
29. Other legal consequences of the choice of a particular form of marriage are stated in the law of inheritance. See XIII, 9.
30. Out of the various meanings of the term sulka, the meaningp. 31 suitor), the verbal engagement (previously made) shall be annulled.
31. Let no man calumniate a faultless maiden, neither must one calumniate a faultless suitor. When, however, there is an actual defect, it is no offence if they dissolve their mutual engagement.
32. When a man, after having made a solemn promise of giving his daughter in marriage to a certain suitor, does not deliver her afterwards, he shall be punished by the king like a thief, in case the suitor be faultless.
33. But when a man gives a maiden in marriage, who has a (secret) blemish without first making (the defect) known, the king shall visit him with punishment of the very gravest kind.
33. But when a man gives a maiden in marriage, who has a (secret) blemish without first making (the defect) known, the king shall visit him with punishment of the very gravest kind.
34. When a man, from hatred, declares a certain maiden to have lost her virginity, he shall pay one hundred Pamas as a fine, unless he be able to give proofs of her disgrace.
*35. When a man, after having plighted his faith to a maiden, abandons her, although she is faultless, he shall be fined and shall marry the maiden, even against his will.
36. Affliction with a chronic or hateful disease,
‘nuptial gift, presented to the parents of the bride by the bridegroom,’ is no doubt the only one which fits in this place, as it appears from the preceding paragraph that this rule is applicable principally to the Asura form of marriage, i.e. marriage by purchase. Y4Agviavalkya I, 65.
31. Manu VIII, 225; IX, 72; Yaghavalkya I, 66; Vishnu V, 47.
32. Manu IX, 71; YAgmavalkya I, 65.
33. Manu VIII, 224; IX, 73; Yagavalkya I, 66; Vishnu V, 45.
34. Vishmu V, 47; Manu VIII, 225; YAgiavalkya I, 66.
35. Yagviavalkya I, 66.
36. It does not become quite clear how far the last term in thisp. 173 deformity, the loss of her virginity, a blemish, and proved intercourse with another man: these are declared to be the faults of a maiden.
37. Madness, loss of caste, impotency, misery, to have forsaken his relatives, and the two first faults of a maiden (in the above text): these are the faults of a suitor.
38. Eight nuptial rites have been ordained for the (four) castes, by which wedlock may be entered into. The Brahma form is the first of these, the PragApatya form is the second.
39. The Arsha, Daiva, Gandharva, and Asura forms follow next. The Rakshasa form is no worse than the one preceding it, and the Paisdéa is declared to be the eighth.
40. In the Brahma form, a maiden decked with ornaments is given (to the bridegroom), after he has been invited and honourably received (by the father). When he has been addressed with the words, ‘ Fulfil your sacred duties together (with her),’ it is termed the Pragdpatya form.
41. When (the father) receives (from the bridegroom) a dress and a bull and a cow, it is termed the Arsha form. When she is given, before the enumeration, anyagatabh4v4, differs in import from the two terms immediately preceding it. Perhaps it denotes one pregnant, or who has had a child with another man.
37. ‘To have forsaken his relatives,’ It is evident that certain near relatives must be meant, as e.g. Manu says (VIII, 389) that a mother, father, wife, or son must not be forsaken.
38-43. Manu III, 20, 21, 27-34; YAgfavalkya I, 58-61; Apastamba II, 5, 11, 1y—II, 5, 12, 2; Gautama IV, 6-13 ; Baudhayana I, 20, 1-9; Vasish/sa I, 28-35; Vishau XXIV, 17-26.
40. See Professor Bithler’s note on Manu III, 30, 27.
p. 42
altar, to a priest, who officiates at a sacrifice, it is termed the Daiva form.
40. See Professor Bithler’s note on Manu III, 30, 27.
p. 42
altar, to a priest, who officiates at a sacrifice, it is termed the Daiva form.
42. The union of a willing maiden with her lover is the fifth form, termed Gandharva. When a price is (asked for the bride by the father and) taken (by him), it is the form termed Asura.
43. The Rakshasa form is declared to consist of the forcible abduction of a maiden. Sexual intercourse with a woman during her sleep or while she is unconscious (of the approach of a man) constitutes the eighth form, the basest of all.
44. Of these, the (first) four, beginning with the Brahma form, are declared to be lawful; the GAndharva form is common (to all castes); the three forms, which come after it, are unlawful.
45. (Besides the lawful wives) seven other sorts of wives are mentioned in order, who have previously been enjoyed by another man. Among these, the Punarbha (woman twice married) is of three kinds, and the Svairizt (wanton woman) is fourfold.
*46. A maiden not deflowered, but disgraced by the act of joining the bride and bridegroom’s hands, is
43. The term pramatta, translated by ‘unconscious,’ may either refer to a temporary or to a permanent derangement of the maiden’s intellect.
44. Manu III, 23-26; Apastamba II, 5, 12, 3; Gautama IV, 14,15; Baudhayana I, 20, 10-16; Vishau XXIV, 27, 28.
45. The fact that Narada treats Punarbhfs, ‘remarried women,’ as being only one degree superior to Svairi#fs, ‘wanton women,’ and belonging like the latter to the category of women previously enjoyed by another man, indicates the low estimation in which he holds remarried women, though remarriage is a perfectly legitimate proceeding, according to him, in certain cases. Manu V, 163; YAgiiavalkya 1, 67. Read trividha in the text.
46. ‘The act of joining the bride and bridegroom’s hands,’ the marriage ceremony. Vasish/ha XVII, 20; Manu IX, 176; Vishnu XV, 8.
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declared to be the first Punarbht. She is required to have the marriage ceremony performed once more (when she is married for the second time).
*47, One who, after having left the husband of her youth and betaken herself to another man, returns into the house of her husband, is declared the second (Punarbhd).
*48. When a woman, on failure of brothers-in-law, is delivered by her relations to a Sapinda of the same caste, she is termed the third (Punarbhd).
*49. When a woman, no matter whether she have children or not, goes to live with another man through love, her husband being alive, she is the first Svairizt (wanton woman).
*50. When a woman, after the death of her husband, rejects her brothers-in-law or other (relations) who have come to her, and unites herself with a stranger through love, she is called the second (Svairizt).
*50. When a woman, after the death of her husband, rejects her brothers-in-law or other (relations) who have come to her, and unites herself with a stranger through love, she is called the second (Svairizt).
*51. One who, having come from a (foreign) country, or having been purchased with money, or being oppressed with hunger or thirst, gives herself up to a man, saying, ‘I am thine,'—is declared to be the third (Svairizt).
*52. When a woman, after having been given in
47. Manu IX, 176; Vasishéha XVII, 19; Vishnu XV, 9.
48. This is an allusion to the custom of Niyoga or levirate, as described below, in paragraphs 80-88.
49. Yagnavalkya I, 67.
50. The ‘wanton woman’ here referred to is apparently one who, after the death of her husband, declines to perform the custom of Niyoga with a brother-in-law or other relation, and goes to live with a stranger instead of it.
51. ‘Iam thine;’ this is the formula by which a slave that is to be delivers himself to his future master. See above, V, 27. 52. The term utpannasdhas4 has been translated ‘by force.’
p. 53
marriage by her spiritual guides, in a manner corresponding with the usages of her country, (is afterwards married) to another by force, she is called the last Svairizt.
*53. Thus has the law been declared with regard to Punarbhd and Svairizt wives. Among them, each preceding one is inferior to the next in order, and each following one is superior to the one preceding her.
*54. The issue of those women who have been purchased for a price belongs to the begetter. But when nothing has been paid for a woman, her offspring belongs to her legitimate husband.
55. When seed is strewn on a field, without the knowledge of the owner, the giver of the seed has no share in it; the fruit belongs absolutely to the owner of the field. .
56. When seed, carried off by a torrent of water or by a gust of wind, grows up in the field of a
The MitaksharA, p. 77, interprets it by utpannavyabhiAérd, ‘ through adultery,’ which seems to mean that an elopement is referred to, and not a forcible abduction. In that case, however, this species of wanton women would coincide entirely with the species described in paragraph 49. Besides, it appears from what is said in paragraph 53, that the species of wanton women described in paragraph 52 must be less reprehensible than the three species described in the preceding paragraphs.
53- The Nepalese MS. has the following two paragraphs instead of 53. ‘Among the four sorts of Svairizt women, the last respectively are preferable to those previously mentioned; the treatment of their offspring is optional, as regards inheritance, funeral oblations of balls of meal and water, and other concerns. To Punarbh women, the same rule is applicable as to Svairint women. Among them (also) each preceding one is inferior,’ &c.
54. This rule shows that the purchase and sale of women must have been a very common proceeding in the times of Narada.
56. Manu IX, 54.
To Punarbh women, the same rule is applicable as to Svairint women. Among them (also) each preceding one is inferior,’ &c.
54. This rule shows that the purchase and sale of women must have been a very common proceeding in the times of Narada.
56. Manu IX, 54.
XII, 6r. MARRIAGE; ADULTERY. 177
stranger, the owner of that field shall obtain the produce; none of the produce shall belong to the owner of the seed.
57. When a full-grown bull begets calves with the cows of another man, while roaming in his cowpen, the calves shall belong to him who owns the cows; in vain has the bull spent his strength.
58. When seed is sown in the field of another with the consent of the owner of that field, the offspring is considered to be the common property of the giver of the seed and the owner of the soil.
*59. Grain cannot be produced without a field, nor can it be produced without seed. Therefore offspring belongs by right to both, the father as well as the mother.
*60. Nor is (legitimate) offspring produced, when a man meets a woman at another house than her own. That is declared adultery by those conversant with (the law on) this subject, unless she have come into (the man’s) house of her own accord.
*61. A man is not punishable as an adulterer for having intercourse with the wife of one who has left his wife without her fault, or of one impotent or consumptive, if the woman herself consents to it.
57. Manu IX, go, &c. 58. Manu IX, 53.
60. When a woman enters the house of her paramour of her own accord to have intercourse with him, there is no offence (on his part). Vivddadintimani, p. 112. The Nepalese MS. reads this paragraph differently: ‘When a man has intercourse with a woman who has a protector living, at another man’s house, it is termed adultery by those conversant with the subject, unless,’ &c.
61. When a man has connexion with a married woman, forsaken by her husband, or whose husband is impotent or feeble, he is not punishable, in case the woman consents to it, even though he meet her at her own house. VivAdaintémani, p. 112.
(33) N
p. 178
*62. To meet with another man’s wife in an unseasonable hour or place, and to sit, converse, or dally with her, these are the three grades of adultery,
*63. When a woman and a man have meetings at the confluence of two rivers, at a Ghat, in a garden, or in a park, it is also termed adultery,
64. By the employment of go-betweens, dispatch of letters and other criminal proceedings of various kinds, adultery may be found out by the knowing.
*65. If one touches a woman in a place (where it is) improper (to touch her) or allows himself:to be touched (in such a spot), all such acts, done with mutual consent, are declared to be adultery.
*66. Bestowing attentions (on a woman), sporting (with her), touching her ornaments and clothes, sitting with her on a bed, all such acts are (also) declared to be adulterous.
*66. Bestowing attentions (on a woman), sporting (with her), touching her ornaments and clothes, sitting with her on a bed, all such acts are (also) declared to be adulterous.
*67. If a man seizes a woman by the hand, by a braid of hair, or by the border of her gown, or if he calls out, ‘Stop, stop,’ all such acts are (also) declared to be adulterous.
68. By the sending of clothes, ornaments, garlands of flowers, drinks, food, and fragrant substances, adultery may (also) be discovered by the wise.
62. Manu VIII, 354; Yagfavalkya II, 284.
63. Manu VIII, 356. The Nepalese MS. omits paragraphs 64, 65, and arranges paragraphs 66-69 differently.
65. Identical with Manu VIII, 358. ‘A place (where it is) improper (to touch her).’ For a different interpretation of this term, see Professor Bihler’s note on Manu VIII, 358.
66. ‘ Bestowing attentions on a woman,’ doing what is agreeable to her. Vivddagintamazi, p. r10. Nearly identical with Manu VIT, 357.
67. Such acts, when committed against another woman than one’s own wife, constitute the offence of adultery. That is the meaning. Vivddaintamazi, p. 110; Y4gfavalkya II, 284.
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*69. When a man, actuated by vanity, folly, or braggartism, declares himself, that he has enjoyed the love of a certain woman, that is also termed an adulterous proceeding.
70. When a man has connexion with a woman of his own caste, a fine of the highest degree (shall be inflicted on him) ; and the middling fine, when he has connexion with a woman of lower caste; and capital punishment, when he has connexion with a woman of superior caste.
71. (Whenhe has connexion) with a maiden against her will, he shall have two fingers cut off. If the maiden belongs to the highest (or Brahman) caste, death and the confiscation of his entire property (shall be his punishment).
*72, When, however, he has connexion with a willing maiden, it is no offence, but he shall bestow ornaments on her, honour her-(with other presents), and (lawfully) espouse her.
*74. Daughter, spiritual teacher's wife, Sagotra relation, one come to him for protection, a queen, a female ascetic, a nurse, an honest woman, and a female of the highest caste :
4o. Manu VIII, 374-385; Yagéavalkya II, 286; Vishnu V, 40, 41; Gautama XII, 2, 3; Baudhdyana II, 3, 52, &c.
41. Manu VIII, 366, 367; Yagaavalkya II, 288.
42. Manu VIII, 366; Yag#avalkya II, 288. The Nepalese MS. reads: **When a man of the same caste has intercourse with a willing maiden.’
73-75. Manu XI, 171; Yag#avalkya III, 231-233, &c.
N 2
p. 75
*75, When a man carnally knows any one out of these (twenty) women, he is said to commit incest. For that crime, no other punishment than excision of the organ is considered (as a sufficient atonement).
Manu XI, 171; Yag#avalkya III, 231-233, &c.
N 2
p. 75
*75, When a man carnally knows any one out of these (twenty) women, he is said to commit incest. For that crime, no other punishment than excision of the organ is considered (as a sufficient atonement).
* 76. When a man has sexual connexion with (small) cattle, he shall pay one hundred (Pamas) as a fine; (for sexual connexion) with a cow, he shall pay the middling fine; and the same (for sexual connexion) with a low-caste woman.
* 77, Let a punishment be inflicted by the king on him who has intercourse with a woman, with whom it is forbidden to have intercourse, and let such sinners be cleared (of the moral offence committed by them) by performing a penance.
* 78, Intercourse is permitted with a wanton woman, who belongs to another than the Brahman caste, or a prostitute, or a female slave, or a female not restrained by her master (nishk4sint), if these women belong to a lower caste than oneself; but with a woman of superior caste, intercourse is prohibited.
75. The fact that female ascetics (pravragiti) are reckoned by Narada among those females whose violation is incest—literally ‘an offence as heavy as the violation of a spiritual teacher’s bed ’— constitutes an important difference between his teaching and Manu’s. Manu ordains the same punishment for the violation of female ascetics as for the violation of the wives of actors and singers and other abandoned women. See Professor Bithler’s note on Manu VIII, 363. All commentators declare that this rule is applicable in the case of guarded women only. The Vivadasintamani says that the term ‘mother’ denotes a stepmother in paragraph 73.
76. Vishzu V, 43, 44; Manu VIII, 385; Yagaavalkya II, 289.
48. The two terms, svairizi, ‘a wanton woman,’ and abrahmanf, ‘one not belonging to the Brahman caste,’ have to be connected. ‘A wanton woman,’ a self-willed unchaste woman. Nishk4sinf
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* 79. When, however, such a woman is the kept mistress (of another man, intercourse with her) is as criminal as (intercourse) with another man’s wife. Such women, though intercourse with them is not (in general) forbidden, must not be approached, because they belong to another man.
* 80. Should the husband of a childless woman die, she must go to her brother-in-law, through desire to obtain a son, after having received the (required) authorization from her Gurus.
81. And he shall have intercourse with her, till a son be born. When a son is born, he must leave her. It would be sinful intercourse otherwise.
82-84. (He shall approach) a woman who has brought forth male issue, and who is praiseworthy, free from passion, and without amorous desire. He must have anointed his limbs with clarified butter, or with oil which has not lost its natural condition, and must turn away his face from hers, and avoid the contact of limb with limb. For this (custom is
He must have anointed his limbs with clarified butter, or with oil which has not lost its natural condition, and must turn away his face from hers, and avoid the contact of limb with limb. For this (custom is means ‘one who has left her family’ according to the Madanaratna, and ‘a female slave not restrained by her master’ according to Vig#anesvara, MadhavaAarya, and the rest. Viramitrodaya, p. 510. See above, V, 39.
4g. YAgiavalkya II, 290. The Nepalese MS. reads ‘when they belong to another man.’
80-88. Manu IX, 59-64, 143; YAg#avalkya I, 69; Gautama XVIII, 4-8; Apastamba II, 10, 27, 2, 3; Vasish‘ha XVII, 55, 66; Baudh4yana IJ, 4, 9-10. Regarding the history of the Indian levirate, see my ‘Outlines of a History of Hindu Law’ (Tagore Law Lectures for 1883), pp. 153, 154.
80. The Gurus intended are, the teacher, sub-teacher, and officiating priests of the deceased husband. See Professor Biihler’s note on Vasish/ha XVII, 56. According to Vasishzha, the authority of both the Gurus and relatives is required. The relatives are referred to by Narada himself, paragraphs 82-84.
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practised) when the family threatens to become extinct, for the continuation of the lineage, and not from amorous desire. He must not approach a woman who is with child, or blamable, or unauthorized by her relations. Should a woman procreate a son with her brother-in-law without having been authorized thereto by her relations,
85. He is declared an illegitimate, and incapable of inheriting, by the expounders of the Veda. So when a younger brother has intercourse, without authorization, with the wife of his elder brother,
86. Or an elder brother with the wife of his younger brother, they are both declared to commit incest. After having been authorized by the Gurus, he shall approach the woman and advise her,
* 87. In the manner previously stated, (as if she were) his daughter-in-law. He becomes pure, when the ceremony for the birth of a male child is performed. (Let him approach her) once, or till she has conceived. When she is pregnant, she is even as (his daughter-in-law).
86. According to Gagann&tha’s reading of these texts, the appointment to raise offspring may be given by the king also, where Gurus and relations are wanting. The same clause is found in the Nepalese MS. ‘He shall advise the woman’ means, according to Gagannftha, ‘he shall teach her the general illegality of receiving the caresses of other men, and the particular legality of an appointment to raise up offspring.’ See Colebrooke’s (Gagannatha’s) Digest, IV, 4, 147.
‘He shall advise the woman’ means, according to Gagannftha, ‘he shall teach her the general illegality of receiving the caresses of other men, and the particular legality of an appointment to raise up offspring.’ See Colebrooke’s (Gagannatha’s) Digest, IV, 4, 147.
87. ‘His daughter-in-law; ’ a brother’s wife is considered as similar to a daughter-in-law, according to Gagannatha. See loc. cit. The ‘ceremony for the birth of a male child’ (Pumsavana), which has the procreation of a son for its object, is usually performed at the time when the mother perceives the first signs of a living conception. It has to be observed that the reading of this paragraph is uncertain, and its rendering conjectural. The Nepalese MS. agrees with Gagann4tha.
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* 88. Should the man or woman behave otherwise, impelled by amorous desire, they shall be punished severely by the king. Otherwise justice would be violated.
*89. Husband and wife must not lodge a plaint against one another with their relations, or the king, when a quarrel has arisen through passion, which has its root in jealousy or scorn.
90. When husband and wife leave one another, from mutual dislike, it is a sin, except when a woman, who is kept under supervision, commits adultery.
*o91. When a married woman commits adultery, her hair shall be shaved, she shall have to lie on a low couch, receive bad food and bad clothing, and the removal of the sweepings shall be assigned to her as her occupation.
* 92. One who wastes the entire property of her husband under the pretence that it is (her own) Stridhana, or who procures abortion, or who makes an
89. The term sambandha, literally ‘connexion,’ has been rendered by ‘a quarrel.’ It can hardly be referred to friendly connexion (with another man or woman) in this place. The prohibition of lawsuits between wife and husband may be compared to the analogous prohibition, in the case of husband and wife, of suretyship, division of property, contracting of debts, and giving evidence.
gi. Mitramisra, in the Viramitrodaya, p. 520, quotes this text as proving that an adulteress even has a claim to maintenance. He interprets it as follows. When a woman has committed adultery through amorous desire, she shall be shaved and compelled to lie on a low couch, bad food and a bad dwelling shall be given to her for her maintenance; and the removal of rubbish shall be assigned to her as her occupation. YAg#avalkya I, 70.
g2. As for the constituents of Stridhana, or separate property of & woman, see XIII, 8.
p. 93
attempt on her husband's life, he shall banish from the town.
* 93. One who always shows malice to him, or who ‘makes unkind speeches, or eats before her husband, he shall quickly expel from his house.