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Romanised transliteration as printed by the translator, not the original script. This is what we hold.
1inverts 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.’ TX, 47. DUTIES OF HUSBAND AND WIFE. 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 336 LAWS OF MANU. IX, 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.
2Louw 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 the IX, 59. DUTIES OF HUSBAND AND WIFE. 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 338 LAWS OF MANU. TX, 60.
358-63. 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 338 LAWS OF MANU. TX, 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 IX, 70. DUTIES OF HUSBAND AND WIFE. 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
The source text as printed, transcribed diplomatically. Where the source language uses a non-Latin script that reaches us only through a Victorian romanisation, this layer is labelled transliteration, because that is what we hold.
Romanised transliteration as printed by the translator, not the original script. This is what we hold.
1inverts 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.’ TX, 47. DUTIES OF HUSBAND AND WIFE. 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 336 LAWS OF MANU. IX, 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.
2Louw 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 the IX, 59. DUTIES OF HUSBAND AND WIFE. 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 338 LAWS OF MANU. TX, 60.
358-63. 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 338 LAWS OF MANU. TX, 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 IX, 70. DUTIES OF HUSBAND AND WIFE. 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
The source text as printed, transcribed diplomatically. Where the source language uses a non-Latin script that reaches us only through a Victorian romanisation, this layer is labelled transliteration, because that is what we hold.
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