TWELFTH TITLE OF LAW.
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The Minor Law Books (SBE33), by Julius Jolly, [1889], at sacred-texts.com
THE MUTUAL DUTIES OF HUSBAND AND WIFE.
* 1. 1 That title of law in which the legal rules for women and men regarding marriage and the other
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[paragraph continues] (mutual relations between them) are laid down is called The Mutual Duties of Husband and Wife.
2. 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. 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. 4 When a Brahman, Kshatriya, Vaisya, or Sûdra 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. 5 A Brahman may marry three wives of different caste, in the direct order of the castes; and so may
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a Sûdra woman take a husband of any of the three castes above her own.
6. 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. 7 Sagotras and Samânapravaras are ineligible for marriage up to the fifth and seventh degrees of relationship respectively, on the father's and mother's side.
* 8. 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. 9 If his collar-bone, his knee, and his bones (in
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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;
* 10. 10 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.
* 11. 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. 12 One naturally impotent, one whose testicles have been cut out, a Pakshashandha, 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. 13 One jealous, a Sevya, one whose semen is (evanescent) as air, a Mukhebhaga, one who spills
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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 Pakshashandha should wait for a month; the (three) named after him shall have to wait for a year.
* 15. 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. If a man is timorous, he fails when he is about
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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. 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. 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,
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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. 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. 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. 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. 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.
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28. 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. 29 This rule applies to the five (first) marriage forms only, beginning with the Brâhma (form of marriage). In the three (others), beginning with the Âsura form, the (irrevocable) gift (of a maiden to a particular suitor) depends on the qualities (of the suitor).
30. 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
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suitor), the verbal engagement (previously made) shall be annulled.
31. 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. 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. 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. 34 When a man, from hatred, declares a certain maiden to have lost her virginity, he shall pay one hundred Panas as a fine, unless he be able to give proofs of her disgrace.
* 35. 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. 36 Affliction with a chronic or hateful disease,
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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. 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. 38 Eight nuptial rites have been ordained for the (four) castes, by which wedlock may be entered into. The Brâhma form is the first of these, the Prâgâpatya form is the second.
39. The Ârsha, Daiva, Gândharva, and Âsura forms follow next. The Râkshasa form is no worse than the one preceding it, and the Paisâka is declared to be the eighth.
40. 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 Prâgâpatya form.
41. When (the father) receives (from the bridegroom) a dress and a bull and a cow, it is termed the Ârsha form. When she is given, before the
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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 Gândharva. When a price is (asked for the bride by the father and) taken (by him), it is the form termed Âsura.
43. 43 The Râkshasa 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. 44 Of these, the (first) four, beginning with the Brâhma form, are declared to be lawful; the Gândharva form is common (to all castes); the three forms, which come after it, are unlawful.
45. 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 Punarbhû (woman twice married) is of three kinds, and the Svairinî (wanton woman) is fourfold.
* 46. 46 A maiden not deflowered, but disgraced by the act of joining the bride and bridegroom's hands, is
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declared to be the first Punarbhû. She is required to have the marriage ceremony performed once more (when she is married for the second time).
* 47. 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 (Punarbhû).
* 48. 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 (Punarbhû).
* 49. 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 Svairinî (wanton woman).
* 50. 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 (Svairinî).
* 51. 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 (Svairinî).
* 52. 52 When a woman, after having been given in
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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 Svairinî.
* 53. 53 Thus has the law been declared with regard to Punarbhû and Svairinî 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. 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. 56 When seed, carried off by a torrent of water or by a gust of wind, grows up in the field of a
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stranger, the owner of that field shall obtain the produce; none of the produce shall belong to the owner of the seed.
57. 57 When a full-grown bull begets calves with the cows of another man, while roaming in his cow-pen, the calves shall belong to him who owns the cows; in vain has the bull spent his strength.
58. 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. 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. 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.
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* 62. 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. 63 When a woman and a man have meetings at the confluence of two rivers, at a Ghât, 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. 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. 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. 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.
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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. 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. 71 (When he 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. 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.
* 73. 73 A mother, mother's sister, mother-in-law, maternal uncle's wife, father's sister, paternal uncle's (wife), friend's (wife), pupil's wife, sister, sister's friend, daughter-in-law,
* 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:
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* 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. 76 When a man has sexual connexion with (small) cattle, he shall pay one hundred (Panas) 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. 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 (nishkâsinî), if these women belong to a lower caste than oneself; but with a woman of superior caste, intercourse is prohibited.
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* 79. 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. 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
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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. 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. 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).
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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. 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.
* 91. 91 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. 92 One who wastes the entire property of her husband under the pretence that it is (her own) Strîdhana, or who procures abortion, or who makes an
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attempt on her husband's life, he shall banish from the town.
* 93. 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.
* 94. Let not a husband show love to a barren woman, or to one who gives birth to female children only, or whose conduct is blamable, or who constantly contradicts him; if he does (have conjugal intercourse with her), he becomes liable to censure (himself).
* 95. If a man leaves a wife who is obedient, pleasant-spoken, skilful, virtuous, and the mother of (male) issue, the king shall make him mindful of his duty by (inflicting) severe punishment (on him).
96. 96 When a faultless maiden has been married to a man who has a blemish unknown (before his marriage), and does not repair to another man (after discovering it), she shall be enjoined to do so by leer relations. If she has no relations living, she shall go (to live with another man) of her own accord.
97. 97 When her husband is lost or dead, when he
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has become a religious ascetic, when he is impotent, and when he has been expelled from caste: these are the five cases of legal necessity, in which a woman may be justified in taking another husband.
98. 98 Eight years shall a Brahman woman wait for the return of her absent husband; or four years, if she has no issue; after that time, she may betake herself to another man.
99. A Kshatriya woman shall wait six years; or three years, if she has no issue; a Vaisya woman shall wait four (years), if she has issue; any other Vaisya woman (i.e. one who has no issue), two years.
100. 100 No such (definite) period is prescribed for a Sûdra woman, whose husband is gone on a journey. Twice the above period is ordained, when the (absent) husband is alive and tidings are received of him.
101. The above series of rules has been laid down by the Creator of the world for those cases where a man has disappeared. No offence is imputed to a woman if she goes to live with another man after (the fixed period has elapsed).
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102. 102 This body of laws is applicable to the offspring of unions in the direct order of the castes; the offspring of a marriage union in the inverse order of the castes is said to be (produced by) a confusion of castes.
103. 103 There are Anantara, Ekântara, and Dvyantara sons both in the direct and inverse order of the castes.
104. (Of this description are) the Ugra, Pârasava, and Nishâda, (who are begotten) in the direct order, as well as the Ambashtha, Mâgadha, and Kshattri, who spring from a Kshatriya woman.
105. One of these (latter castes) is begotten in the direct order, of the two (others) it must be known that they are (begotten) in an inverse order. The Kshattri and the rest are begotten in an
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inverse order, the (three) mentioned first in the direct order.
106. 106 Sacraments, beginning with the boiling of gruel, three times seven in number (shall be performed) by them. The son (of a Brahman) with a Brahman woman is equal in caste (to his father). The son (of a Brahman) with a Kshatriya woman is an Anantara.
107. An Ambashtha and an Ugra are begotten in the same way by Kshatriya men and on Vaisya women respectively. An Ambashtha is an Ekântara, the son of a Brahman with a Vaisya woman.
108. In the same way, a son called Nishâda
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springs from the union of a Kshatriya with a Sûdra woman. A Sûdra woman obtains from a Brahman a son (called) Pârasava, who is superior (to the Nishâda).
109. Thus have the sons born in the direct order of castes been declared. The two sons called Sûta and Mâgadha as well as the Âyogava,
110. And the Kshattri and Vaidehaka are begotten in the inverse order of castes. The Sûta is declared to he an Anantara, begotten by a Kshatriya on a Brahman woman.
111. Similarly, the Mâgadha and Âyogava are the sons of Vaisya and Sûdra fathers (and of a Brahman mother) A Brahman woman obtains of a Vaisya father an Ekântara son, the Vaidehaka.
112. A Kshatriya woman (obtains of a Sûdra) an Ekântara son, called Kshattri. A Dvyantara son in the inverse order, the most abject of men, because he is the fruit of sinful intercourse,
113. 113 Kandâla by name, is born of a Sûdra, when a Brahman woman forgets herself (with him). Therefore must the king take special care to prevent women from sinful intercourse with men of different caste.
Footnotes
165:2 The Smriti-writers, as a rule, do not mention the act of varana, 'choice of a bride,' at all. It appears from the next paragraph that Nârada also does not place it on a par with the ceremony of marriage, which is indissoluble for life.
165:3 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 Grihya-sûtras.
165:4 Âpastamba II, 6, 13, 5; Vasishtha VIII, 1; Gautama IV, 1; Manu III, 12; Yâgñavalkya I, 55.
165:5 5, 6. It is important to note that Nârada belongs to that group of Smriti-writers who recognise the legitimacy of marriage unions between Brahmans and Sûdra women. Baudhâyana I, 8, 16, 1-5; p. 166 Vasishtha I, 24, 25; Vishnu XXIV, 1-4; Manu III, 12-14; Yâgñavalkya I, 56, 57.
166:6 The somewhat laconic terms of the original may be paraphrased as follows: A Kshatriya may marry a Vaisya and a Sûdra woman, besides a wife of his own caste. A Vaisya may marry a Sûdra woman, besides a wife of his own caste. A Vaisya woman may either take a Vaisya husband, or she may wed a Kshatriya or a Brahman. A Kshatriya may either take a Kshatriya husband, or she may marry a Brahman.
166:7 A Sagotra is a relative bearing the same family name (laukika gotra). A Samânapravara is one descended from the same Rishi (vaidika gotra). See Professor Mailer's notes on Gautama XVIII, 6; Âpastamba II, 5, 11, 15. Manu III, 5; Âpastamba II, 5, 11, 15-16; Gautama IV, 2-5; Vasishtha VIII, 1, 2; Baudhâyana II, 1, 31-38; Vishnu XXIV, 9, 10; Manu III, 5; Yâgñavalkya I, 53.
166:8 Yâgñavalkya 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.
166:9 The curious disquisition on impotency is quoted in such an p. 167 early compilation as Aparârka's Commentary of the Yâgñavalkya-smriti (twelfth century), which goes far to prove its genuineness. Aparârka'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.
167:10 An analogous text is quoted from the Smriti of Kâtyâyana. 'He is called impotent whose urine froths not and whose fæces sink in water, and whose generative organ is deficient in erection or seminal juices.' See Colebrooke's Digest, V, 5, 330.
167:12 'One naturally impotent' (nisargashandha), one born without the capacity of producing semen. Aparârka. This category seems to be synonymous with the sahaga of Susruta, the standard writer on medicine. Pakshashandha, according to Aparârka, is one capable of approaching a woman once in every half-month (Paksha).
167:13 The jealous man, îrshyâshandha, seems to be identical with the îrshyaka of Susruta, 'qui nisi alius cujusdam ineuntis feminam p. 168 conspectu non potest.' The term sevya is obscure enough. Dr. Haas proposes to read ka sevyaska or ka mevyaska or kâsekyaska, for ka sevyaska. The âsekya 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 Nârada himself, VI, 19, according to the commentators, and I, 183. Dr. Haas proposes to read mushkabhagnah, '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 Aparârka, âkshipta, the next term, means 'is cujus semen in coitu retro (aut susum) fluit;' moghabîga means 'is cui semen ad propagationem aptum non est;' sâlîna means 'is cujus penis coitu facto collabitur;' and anyâpati, the last term, means 'is qui cum alia femina praeter uxorem potest.'
168:15 '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 dhvagah patati, 'penis collabitur,' in the Bhavaprakâsa.
169:20 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; Yâgñavalkya I, 63. The Nepalese MS. refers to the maternal instead of the paternal grandfather.
169:22 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 Nârada 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; Vasishtha XVII, p. 170 67, 68; Manu IX, 90-92; Vishnu XXIV, 40; Yâgñavalkya I, 64; Baudhâyana IV, 1, 14. Read anurûpam in the text.
170:24 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.
170:25 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 Parâsara VII, 6; Samvarta V, 66; Gautama XVIII, 22; Vasishtha XVII, 69; Vishnu XXIV, 41; Manu IX, 4, 93.
170:26 Vasishtha XVII, 71; Yâgñavalkya I, 64; Baudhâyana IV, 1, 13.
170:27 It must not be inferred from this rule that Nârada is not p. 171 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.' Aṅgiras rules that a maiden must be given in marriage in her tenth year by all means. Râgamârtanda, Yama, and Parâsara 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. Vasishtha, Gautama, Vishnu, and Manu (IX, 93) ordain to give a maiden in marriage before she attains the age of puberty.
171:28 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 Gândharva, 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 Pañkatantra as well. See the Petersburg Dictionary, s. v. Gândharva.
171:29 Other legal consequences of the choice of a particular form of marriage are stated in the law of inheritance. See XIII, 9.
171:30 Out of the various meanings of the term sulka, the meaning p. 172 '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 Âsura form of marriage, i.e. marriage by purchase. Yâgñavalkya I, 65.
172:31 Manu VIII, 225; IX, 72; Yâgñavalkya I, 66; Vishnu V, 47.
172:32 Manu IX, 71; Yâgñavalkya I, 65.
172:33 Manu VIII, 224; IX, 73; Yâgñavalkya I, 66; Vishnu V, 45.
172:34 Vishnu V, 47; Manu VIII, 225; Yâgñavalkya I, 66.
172:36 It does not become quite clear how far the last term in this p. 173 enumeration, anyagatabhâvâ, differs in import from the two terms immediately preceding it. Perhaps it denotes one pregnant, or who has had a child with another man.
173:37 '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.
173:38 38-43. Manu III, 20, 21, 27-34; Yâgñavalkya I, 58-61; Âpastamba II, 5, 11, 17-II, 5, 12, 2; Gautama IV, 6-13 Baudhâyana I, 20, 1-9; Vasishtha I, 28-35; Vishnu XXIV, 17-26.
173:40 See Professor Bühler's note on Manu III, 30, 27.
174:43 The term pramatta, translated by 'unconscious,' may either refer to a temporary or to a permanent derangement of the maiden's intellect.
174:44 Manu III, 23-26; Âpastamba II, 5, 12, 3; Gautama IV, 14, 15; Baudhâyana I, 20, 10-16; Vishnu XXIV, 27, 28.
174:45 The fact that Nârada treats Punarbhûs, 'remarried women,' as being only one degree superior to Svairinîs, '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; Yâgñavalkya I, 67. Read trividhâ in the text.
174:46 'The act of joining the bride and bridegroom's hands,' the marriage ceremony. Vasishtha XVII, 20; Manu IX, 176; Vishnu XV, 8.
175:47 Manu IX, 176; Vasishtha XVII, 19; Vishnu XV, 9.
175:48 This is an allusion to the custom of Niyoga or levirate, as described below, in paragraphs 80-88.
175:50 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.
175:51 'I am thine;' this is the formula by which a slave that is to be delivers himself to his future master. See above, V, 27.
175:52 The term utpannasâhasâ has been translated 'by force.' p. 176 The Mitâksharâ, p. 77, interprets it by utpannavyabhikârâ, '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.
176:53 The Nepalese MS. has the following two paragraphs instead of 53. 'Among the four sorts of Svairinî 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 Punarbhû women, the same rule is applicable as to Svairinî women. Among them (also) each preceding one is inferior,' &c.
176:54 This rule shows that the purchase and sale of women must have been a very common proceeding in the times of Nârada.
177:60 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). Vivâdakintâmani, 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.
177:61 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. Vivâdakintâmani, p. 112.
178:62 Manu VIII, 354; Yâgñavalkya II, 284.
178:63 Manu VIII, 356. The Nepalese MS. omits paragraphs 64, 65, and arranges paragraphs 66-69 differently.
178:65 Identical with Manu VIII, 358. 'A place (where it is) improper (to touch her).' For a different interpretation of this term, see Professor Bühler's note on Manu VIII, 358.
178:66 'Bestowing attentions on a woman,' doing what is agreeable to her. Vivâdakintâmani, p. 110. Nearly identical with Manu VIII, 357.
178:67 Such acts, when committed against another woman than one's own wife, constitute the offence of adultery. That is the meaning. Vivâdakintâmani, p. 110; Yâgñavalkya II, 284.
179:70 Manu VIII, 374-385; Yâgñavalkya II, 286; Vishnu V, 40, 41; Gautama XII, 2, 3; Baudhâyana II, 3, 52, &c.
179:71 Manu VIII, 366, 367; Yâgñavalkya II, 288.
179:72 Manu VIII, 366; Yâgñavalkya II, 288. The Nepalese MS. reads: * 'When a man of the same caste has intercourse with a willing maiden.'
179:73 73-75. Manu XI, 171; Yâgñavalkya III, 231-233, &c.
180:75 The fact that female ascetics (pravragitâ) are reckoned by Nârada 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 Bühler's note on Manu VIII, 363. All commentators declare that this rule is applicable in the case of guarded women only. The Vivâdakintâmani says that the term 'mother' denotes a stepmother in paragraph 73.
180:76 Vishnu V, 43, 44; Manu VIII, 385; Yâgñavalkya II, 289.
180:78 The two terms, svairinî, 'a wanton woman,' and abrâhmanî, 'one not belonging to the Brahman caste,' have to be connected. 'A wanton woman,' a self-willed unchaste woman. Nishkâsinî p. 181 means 'one who has left her family' according to the Madanaratna, and 'a female slave not restrained by her master' according to Vigñânesvara, Mâdhavâkârya, and the rest. Vîramitrodaya, p. 510. See above, V, 39.
181:79 Yâgñavalkya II, 290. The Nepalese MS. reads 'when they belong to another man.'
181:80 80-88. Manu IX, 59-64, 143; Yâgñavalkya I, 69; Gautama XVIII, 4-8; Âpastamba II, 10, 27, 2, 3; Vasishtha XVII, 55, 66; Baudhâyana II, 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 Bühler's note on Vasishtha XVII, 56. According to Vasishtha, the authority of both the Gurus and relatives is required. The relatives are referred to by Nârada himself, paragraphs 82-84.
182:86 According to Gagannâtha'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 Gagannâtha, '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 (Gagannâtha's) Digest, IV, 4, 147.
182:87 'His daughter-in-law;' a brother's wife is considered as similar to a daughter-in-law, according to Gagannâtha. 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 Gagannâtha.
183:89 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.
183:91 Mitramisra, in the Vîramitrodaya, 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. Yâgñavalkya I, 70.
183:92 As for the constituents of Strîdhana, or separate property of a woman, see XIII, 8.
184:93 'He shall expel from his house.' This, according to an interpretation mentioned by Gagannâtha, means that he shall banish her from the principal habitation, assigning to her a separate dwelling within his close. See Colebrooke's Digest, IV, 1, 63. This interpretation is hardly correct, though it is interesting as it shows the tendency of the commentators to explain away those laws under which married women were deprived of their claim to maintenance. Manu IX, 80, 81; Yâgñavalkya I, 73, &c.
184:96 This rule shows that a marriage is dissoluble on the discovery of a blemish, as well as a betrothal. See XII, 3.
184:97 'Lost,' i.e. gone no one knows whither. This text, or an identical text of Parâsara, has been frequently appealed to by the p. 185 modern advocates of the remarriage of widows in India. Vasishtha XVII, 74.
185:98 98, 99. Vasishtha XVII, 75-80; Manu IX, 76, 77; Gautama XVIII, 15-17.
185:100 100, 101. The Nepalese MS. has three paragraphs instead of these two, as follows:—'100. No such period is ordained for a Sûdra woman, nor is justice violated (in her case). The utmost limit for her is a year, especially if she has no issue. 101. This term has been ordained for the wives of absent husbands who are dead. Twice the same term is ordained, when (the absent husband) is alive and tidings are received of him. 101 a. The (other) term has been ordained for those who have issue (?). Afterwards, no offence is imputed to a woman who goes to live with another man.'
186:102 'In the direct order of the castes,' i.e. where a man of higher marries a woman of lower caste. 'In the inverse order of the castes,' i.e. where a woman of higher marries a man of lower caste.
186:103 103-113. Manu X, 6-41; Gautama IV, 16-28; Vasishtha XVIII; Baudhâyana I, 16, 6-12, 17 passim; Vishnu XVI, 1-7; Yâgñavalkya I, 91-95.
103. An Anantara is the son of a father whose caste is only one degree higher or lower than the caste of the mother. An Ekântara is the son of a father whose caste is two degrees higher or lower than the caste of the mother. A Dvyantara is the son of a father whose caste is three degrees higher or lower than the caste of the mother. The Nepalese MS., throughout superior to the Indian MSS., reads as follows:—'103. An Ugra, Pârasava, and Nishâda are (begotten) in the direct order, and are declared to be the sons of Sûdra women with husbands of the (three) higher castes. 104. Of a Brahman woman are born a Kândâla, a Sûta, and a Vaidehaka; they are declared to spring in an inverse order, from their union with husbands of different caste. 105. An Ambashtha, Mâgadha, and Kshattri are the sons of a Kshatriya woman. Of these, one is born in the direct, and two are born in the inverse order. 106 a. Of a Vaisya woman, are born an Ambashtha, Yavana, and Âyogava. p. 187 Of these, one is born in the inverse, and two are born in the direct order. 106 b. A Sûta and the other Pratilomas (men born in the inverse order), who are begotten contrary to order, are declared to partake of the series of three times seven sacraments, beginning with the Pâka ceremony (cooking food). 106 c. The son,' &c.
187:106 The meaning of the first half of this paragraph is somewhat obscure. The term trih sapta, 'three times seven,' has been connected with samskârâs, 'sacraments.' The sacraments are peculiar to those mixed castes, which are procreated in the direct order of castes. See Manu X, 41. The 'boiling of gruel' (karupâka) being mentioned as the first sacrament, it appears that the sacraments here referred to are identical with the yagñas, 'sacrifices,' of which there are twenty-one according to the usual theory. See Gautama XVIII, 18–20, and Professor Weber's paper on Vedic Sacrificial Rites, Indische Studien, X, p. 320. It is also possible to connect the clause 'three times seven' with 'them.' The number of twenty-one mixed castes procreated in a direct order is received by adding the fifteen castes springing from a further mixture between the mixed castes (Manu X, 31) to the six principal mixed castes procreated in a direct order. For vai matâh, as I have conjectured, the MSS. read koshthatah, which might be rendered '(The twenty-one sacraments, beginning with the boiling of gruel, have to be performed by them) out of a pot.' However, the correctness of this reading is liable to considerable doubt. The Nepalese MS. reads, to samskârâska pakâdyâs teshâm trih saptako ganah. This is perhaps the original reading. See the preceding note.
188:113 The Nepalese MS. inserts the following before the clause beginning with the word 'Therefore:'—'Because confusion of the castes springs up, where the king keeps no watch over them.'
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