13

13. The jealous man, irshyasha«</-^a, seems to be identical with the irshyaka of Sujruta, ' qui nisi alius cujusdam ineuntis feminam

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 Pakshasha/^^/^a 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 enu- meration, 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.

* 1 7. If a man is timorous, he fails when he is about

conspectu non potest/ The term sevya is obscure enough. Dr. Haas proposes to read kz. ^evyaj^'a or ^a mevyaj-^a or Hseky- a^^a, for kz. sevyaj^a. The asekya is a species of impotent person according to Suj^ruta. 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 1, 1 83. Dr. Haas proposes to read mushkabhagna>^, ' one deprived of the scrotum.' It may be argued, however, that this category has already been referred to in para- graph 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;' moghabi^a means 'is cui semen ad propagationem aptum non est;'.ralina means 'is cujus penis coitu facto collabitur;' and anyapati, 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 dhva^a^ patati, ' penis collabitur,' in the Bhavaprakaja.

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 hus- band the giver of the seed. The field must be given to him who has seed. He who has.no seed is un- worthy 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 marriage- able maiden should remain unmarried, which is a great point in the eyes of a Hindu legislator. Vishwu XXIV, 38, 39; Manu V, 151; Ya^/iavalkya I, 63. The Nepalese MS. refers to the maternal in- stead of the paternal grandfather.

22, 23. This is the custom of Svaya;;zvara, ' self-choice (of a bride- groom),' 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//^a XVII,

23. Who belongs to her own caste, and is a suit- able match in point of descent, morality, age, and sacred learning. Let her dischargee 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 rela- tions. 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 mar- riage commits the crime of killing an embryo as many times as her period of menstruation passes by with- out her having a husband.

27. Therefore a father must give his daughter in marriage once (for all), as soon as the signs of matu- rity 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; Vishnu XXIV, 40; Ya^Tiavalkya I, 64; Baudhayana IV, i, 14. Read anurupaw 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 en- joined 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 Para^ara VII, 6; Sawvarta V, 66; Gautama XVIII, 22; VasishZ-^a XVII, 69; Vishwu XXIV, 41; Manu IX, 4, 93.

26. VasishMa XVII, 71; Ya^?lavalkya I, 64; Baudhayana IV, I, 13-

27. It must not be inferred from this rule that Narada is not

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 ami- ability, present himself, when the nuptial gift has already been presented (to the parents by the first

an advocate of infant marriage, like many other Smmi-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. Ra^amarta^^a, Yama, and Para^ara 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//5a, Gautama, Vish;?u, 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 Pa^^atantra 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 julka, the meaning

suitor), the verbal engagement (previously made) shall be annulled.

31. Let no man calumniate a faultless maiden, nei- ther 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 punish- ment 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 Pa/^as 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.

;^6. Affliction with a chronic or hateful disease,

* nuptial gift, presented to the parents of the bride by the bride- groom,' 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 pur- chase. Ya^?lavalkya I, 65.

31. Manu VIII, 225; IX, 72; Ya^?^avalkya I, 66; Vishwu V, 47.

33. Manu VIII, 224; IX, 73; Y%navalkya 1,66; Vishnu V, 45.

34. Vishwu V, 47; Manu VIII, 225; Y%7iavalkya I, 66.

36. It does not become quite clear how far the last term in this

deformity, the loss of her virginity, a blemish, and proved intercourse with another man: these are de- clared 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 Pra^apatya 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 Pai^a/^a is de- clared 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 Pra^apatya form.

41. When (the father) receives (from the bride- groom) a dress and a bull and a cow, it is termed the Arsha form. When she is given, before the

enumeration, anyagatabhava, 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; Ya^?iavalkya I, 58-61; Apastamba II, 5, 11, 17 — II, 5, 12, 2; Gautama IV, 6-13 Baudhayana I, 20, 1-9; VasishZ/^a I, 28-35 j Vishwu XXIV, 17-26.

40. See Professor Btihler's note on Manu III, 30, 2 7.

altar, to a priest, who officiates at a sacrifice, it Is termed the Dalva form.

42. The union of a wilHng 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 inter- course 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 Gin- dharva 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 Punarbhti (woman twice married) is of three kinds, and the Svalri;^t (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; Vishwu XXIV, 27, 28.

45. The fact that Narada treats Punarbhus, 'remarried women,' as being only one degree superior to Svairiwis, ' 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; Ya^Tiavalkya I, 67. Read trividha in the text.

46. ' The act of joining the bride and bridegroom's hands,' the mar- riage ceremony. Vasish/>^a XVII, 20; Manu IX, 176; VishwuXV, 8.

declared to be the first Punarbhti. 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, re- turns into the house of her husband, is declared the second (Punarbh^i).

*48. When a woman, on failure of brothers-in-law, is delivered by her relations to a Sapi;^^a of the same caste, she is termed the third (Punarbhti).

*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 Svairi;/! (wanton woman).

* 50. When a woman, after the death of her hus- band, 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 (Svairi;^i).

*5i. 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 (Svairi/^t).

*52. When a woman, after having been given in

47. Manu IX, 176; Vasish/-^a XVII, 19; Vishwu XV, 9.

48. This is an allusion to the custom of Niyoga or levirate, as described below, in paragraphs 80-88.

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. ' 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.

52. The term utpannasahasa has been translated 'by force.'

marriage by her spiritual guides, in a manner cor- responding with the usages of her country, (is after- wards married) to another by force, she is called the last Svairi/^i.

"^^'53. Thus has the law been declared with re- gard to Punarbhu and Svairi;^i wives. Among them, each preceding one is inferior to the next in order, and each following one is superior to the one pre- ceding 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 off- spring 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 utpannavyabhiHra, ' 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 de- scribed 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 Svairi/zi women, the last re- spectively 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 Punarbhii women, the same rule is applicable as to Svairiwi 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.

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 cow- pen, 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 off- spring 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.

*6o. 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.

*6i. 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.

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). VivadaX'intamawi, 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. Vivada^intamawi, p. 112.

*62. To meet with another man's wife in an un- seasonable hour or place, and to sit, converse, or dally with her, these are the three grades of adultery.

''^62). 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, sit- ting with her on a bed, all such acts are (also) declared to be adulterous.

^'^6j. 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) de- clared to be adulterous.

68. By the sending of clothes, ornaments, gar- lands of flowers, drinks, food, and fragrant substances, adultery may (also) be discovered by the wise.

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) im- proper (to touch her)/ For a different interpretation of this term, see Professor Buhler's note on Manu VIII, 358.

66. ' Bestowing attentions on a woman,' doing what is agreeable to her. Vivada^intama;zi, p. no. Nearly identical with Manu

67. Such acts, when committed against another w^oman than one's own wife, constitute the offence of adultery. That is the meaning. Vivada>^intama«i, p. no; Ya^^avalkya II, 284.

*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.

7 1. (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. 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. 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:

70. Manu VIII, 374-385; Ya^wavalkya II, 286; Vishwu V, 40, 41; Gautama XII, 2, 3; Baudhayana II, 3, 52, &c.

71. Manu VIII, 366, 367; Ya^^avalkya II, 288.

72. Manu VIII, 366; Ya^wavalkya II, 288. The Nepalese MS. reads: *'When a man of the same caste has intercourse with a willing maiden.'

73-75. Manu XI, 171; Ya^wavalkya III, 231-233, &c.

^^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).

* "^^^ When a man has sexual connexion with (small) cattle, he shall pay one hundred (Pa/^as) 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.

* "]"]. 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 com- mitted by them) by performing a penance.

* ']Z, 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 (nishkasint), if these women belong to a lower caste than oneself; but with a woman of superior caste, Intercourse is pro- hibited.

75. The fact that female ascetics (pravra^td) 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 Buhler's note on Manu VIII, 363. All commentators declare that this rule is applicable in the case of guarded women only. The Vivada^^in- tamawi says that the term 'mother' denotes a stepmother in paragraph 73.

76. Vishwu V, 43, 44; Manu VIII, 385; Ya^wavalkya II, 289. 78. The two terms, svairi;?!, 'a wanton woman,' and abrahmam,

' one not belonging to the Brahman caste,' have to be connected. 'A wanton woman,' a self-willed unchaste woman. Nishkasint

* 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

means 'one who has left her family' according to the Madanaratna, and *a female slave not restrained by her master' according to Vi^wanej-vara, Madhava/^arya, and the rest. Viramitrodaya, p. 510. See above, V, 39.

79. Ya^«avalkya II, 290. The Nepalese MS. reads 'when they belong to another man.'

80-88. Manu IX, 59-64, 143; Ya^wavalkya I, 69; Gautama XVIII, 4-8; Apastamba II, 10, 27, 2, 3; Vasish/^a XVII, 55, 66; Baudhayana II, 4, 9-10. Regarding the history of the Indian levirate, see my 'Oudines 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/^a XVII, 56. According to VasishMa, the authority of. both the Gurus and relatives is required. The relatives are referred to by Narada himself, paragraphs 82-84.

practised) when the family threatens to become extinct, for the continuation of the Hneage, and not from amorous desire. He must not approach a woman who is with child, or blamable, or unau- thorized by her relations. Should a woman pro- create 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,

"^ Sy. 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 G^agannatha's reading of these texts, the ap- pointment 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 Gagannatha, ' he shall teach her the general illegality of receiving the caresses of other men, and the particular legality of an appoint- ment 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 ' (Pu/?zsavana), 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 con- ception. It has to be observed that the reading of this paragraph is uncertain, and its rendering conjectural. The Nepalese MS. agrees with (7agannatha.

* 88. Should the man or woman behave other- wise, 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.

*9i. 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) Stri- dhana, or who procures abortion, or who makes an

89. The term sa/wbandha, 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 surety- ship, division of property, contracting of debts, and giving evi- dence.

91. Mitramij-ra, 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. Ya^wavalkya I, 70.

92. As for the constituents of Stridhana, or separate property of a woman, see XIII. 8.

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.

* 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 con- stantly 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. 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 her relations. If she has no relations living, she shall go (to live with another man) of her own accord.

97. When her husband is lost or dead, when he

93. 'He shall expel from his house.' This, according to an interpretation mentioned by G^agannatha, means that he shall banish her from the principal habitation, assigning to her a separate dwelling within his close. See Colebrooke's Digest, IV, i, 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; Ya^^avalkya I, 73, &c.

96. This rule shows that a marriage is dissoluble on the discovery of a blemish, as well as a betrothal. See XII, 3.

97. 'Lost,' i.e. gone no one knows whither. This text, or an identical text of Para^ara, has been frequently appealed to by the

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. 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 Vaii-ya woman shall wait four (years), if she has issue; any other Vai^ya woman (i. e. one who has no issue), two years.

100. No such (definite) period is prescribed for a 6'udra woman, whose husband is gone on a journey. Twice the above period is ordained, when the (absent) husband is alive and tidings are re- ceived of him.

10 1. 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 im- puted to a woman if she goes to live with another man after (the fixed period has elapsed).

modern advocates of the remarriage of widows in India. Vasish/^a

98, 99. Vasish/y^a XVII, 75-80; Manu IX, 76, 77; Gautama

100, loi. The Nepalese MS. has three paragraphs instead of these two, as follows: — ' 100. No such period is ordained for a S\^6r2i woman, nor is justice violated (in her case). The utmost limit for her is a year, especially if she has no issue. 10 1. 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. 10 1 a. The (other) term has beep ordained for those who have issue (?). Afterwards, no offence is imputed to a woman who goes to live with another man.'

102. This body of laws is applicable to the off- spring 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. There are Anantara, Ekantara, and Dvyan- tara sons both in the direct and inverse order of the castes.

104. (Of this description are) the Ugra, P^ra^ava, and Nishada, (who are begotten) in the direct order, as well as the Ambash//^a, Magadha, and Kshattr/, who spring from a Kshatrlya 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 Kshattr^* and the rest are begotten In an

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.

103-113. Manu X, 6-41; Gautama IV, 16-28; Vasish/^a XVIII; Baudhayana I, 16, 6-12, 17 passim; Vish«u XVI, 1-7; Ya^wavalkya 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 Ekantara 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, Paraj-ava, and Nishada are (begotten) in the direct order, and are declared to be the sons of A^udra women with husbands of the (three) higher castes. 104. Of a Brahman woman are born a X3.nd^.h, a Suta, and a Vaidehaka; they are declared to spring in an inverse order, from their union with husbands of different caste. 105. An Ambash/^a, Magadha, and Kshattrz' 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 Vaijya woman, are born an Ambash/^a, Yavana. and Ayogava.

inverse order, the (three) mentioned first in the direct order.

106. Sacraments, beginning with the boiling of gruel, three times seven in number (shall be per- formed) 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 Ambash///a and an Ugra are begotten in the same way by Kshatriya men and on Vai^ya women respectively. An Ambash//^a is an Ekantara, the son of a Brahman with a Vaii'ya woman.

108. In the same way, a son called Nishada

Of these, one is born in the inverse, and two are born in the direct order. 106 b. A Sfita 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 Paka ceremony (cooking food). 106 c. The son,* &c.

106. The meaning of the first half of this paragraph is some- what obscure. The term tri^ sapta, 'three times seven,' has been connected with sawskaraj, ' 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' (^'arupaka) being mentioned as the first sacrament, it appears that the sacraments here referred to are identical with the ya^was, ' 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 mata^, as I have con- jectured, the MSS. read kosh/^ata^, 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. reacts, te sa;wskaraj^a pakadyas tesha;« tri^ saptako ga«a^. This is perhaps the original reading. See the preceding note.

Springs from the union of a Kshatrlya with a.Sudra woman. A ^'udra woman obtains from a Brahman a son (called) Parai'ava, who is superior (to the Nishada).

109. Thus have the sons born in the direct order of castes been declared. The two sons called Suta and Magadha as well as the Ayogava,

1 10. And the Kshattr^'andVaidehaka are begotten in the inverse order of castes. The Suta is declared to be an Anantara, begotten by a Kshatriya on a Brahman woman.

111. Similarly, the Magadha and Ayogava are the sons of Vaii^ya and K^udra fathers (and of a Brahman mother). A Brahman woman obtains of a Vali'ya father an Ekantara son, the Vaidehaka.

112. A Kshatriya woman (obtains of a 6'udra) an Ekantara son, called Kshattr/. A Dvyantara son in the inverse order, the most abject of men, because he is the fruit of sinful intercourse,

113. Aa/^^ala by name, is born of a ^'lidra, when a Brahman woman forgets herself (with him). There- fore must the king take special care to prevent women from sinful intercourse with men of different caste.

The Law of Inheritance. *i. Where a partition of the paternal property

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/

XIII, I. The term 'sons' includes by implication grandsons and

is instituted by the sons, it is called by the learned, Partition of Property, a title of law.

* 2. The father being dead, the sons shall divide the estate as they ought; (and so shall) daughters (divide the property) of their mother (when she dies); or, failing daughters, their issue.

^ 3. (The distribution of the property shall take place) when the mother has ceased to menstruate and the sisters are married, or when the father's sexual desire is extinguished and he has ceased to care for worldly interests.

^'' 4. Or let a father distribute his property among his sons himself, when he is stricken in years, either allotting a larger share to the eldest son, or (dis- tributing the property in any other way) following his own inclination.

mere remote descendants. The term ' paternal ' includes property of the grandfather and more remote ancestors as well. Mandlik's May{ikha, p. 33 (IV, 3, i, Borrodaile). Analogous remarks are found in most other Commentaries.

2. 'Their issue' (tadanvaya^). According to the usual ex- planation, the male issue of the daughters is meant. However, there is nothing in the text to warrant an exclusion of the female issue of daughters. Manu IX, 104, 192; Ya^T/avalkya II, 117; Gautama XXVIII, i; Baudhayana II, 3, 8.

3. According to the Mayfikha, the clause ' when the sisters are married ' has to be construed with both the preceding and following clauses, the marriage of the sisters being required to precede both a division in the father's lifetime and a division in the mother's lifetime. See Mayfikha, p. 33 (translation, p. 39). The Daya- bhaga has a totally different reading of this text, which is censured in the Viramitrodaya. Gautama XXVIII, i.

4. The Dayabhaga (II, 82, Colebrooke) states correctly that the unequal distribution referred to in the last clause of this text must be different from that sort of unequal distribution under which the eldest- son is to receive a larger share than the rest. The Mitak- shara school, on the other hand, recognises two different modes of

* 5. Or the senior brother shall maintain all (the junior brothers), like a father, if they wish it, or even the youngest brother, if able; the well-being of a family depends on the ability (of its head).

*6. Property gained by valour, or belonging to a wife, and the gains of science, are three kinds of wealth not subject to partition; and so is a favour conferred by the father (exempt from partition).

* 7. When the mother has bestowed (a portion of) her property on any (of her sons) from affection, the rule is the same in that case also; for the mother is equal to the father (as regards her competence to bestow gifts).

*8. What (was given) before the (nuptial) fire, what (was given) during the bridal procession, the husband's donation, and what was received from her brother, mother, or father, that is called the six- fold property of a woman (Strtdhana).

distribution only: one equal, and the other with the customary deductions in favour of the eldest son, middlemost son, &c., ac- cording to the order of seniority. The writers of this school, therefore, have endeavoured to refute the interpretation of the Dayabhaga. See Viramitrodaya, transL, p. 54. — Manu IX, 112 foil.; Ya^wavalkya II, 114; Apastamba II, 6, 14; Gautama XXVIII, 2; Vish«u XVII, i; Baudhayana II, 3, 9.

5. As the management of the property and government of the family, under this rule, may devolve on the youngest brother even, it follows that the middlemost brother may get it a fortiori. This is expressly stated in the Dayabh%a (III, i, 15, Colebrooke). Manu IX, 108.

6. ' What was received at the time of obtaining a wife is here called the "wealth of a wife;" meaning effects obtained on account of marriage.' Dayabhaga (VI, i, 13, Colebrooke); Manu IX, 206; Ya^?iavalkya II, 119.

8. It may be asked by whom the gifts presented before the nuptial fire and during the bridal procession, i. e. at two different stages of the marriage ceremony, must have been presented in

*9. Such property of a woman shall go to her offspring; if she have no offspring, it is declared to go to her husband (if she was married to him) according to one of the four (praiseworthy) marriage forms, beginning with the Brahma form; (if she was married) according to one of the other forms, it shall go to her parents.

*io. When one brother maintains the family of another brother, who is engaged in studying science, he shall receive a share of the wealth gained by that study, though he be ignorant (himself).

* 1 1. A learned man is not bound to give a share of his own (acquired) wealth against his will to an unlearned co-heir, unless it have been gained by him using the paternal estate.

*i2. Two shares let the father keep for himself

order to be Stridhana. As all the other gifts classed as Stridhana are presented by relations, it may be inferred that the nuptial gifts have to come from the same quarter. Katyayana declares expressly that a gift made by a stranger is not Stridhana. Manu IX, 194; Ya^navalkya II, 143, 144; Vish«u XVII, 18.

9. See XII, 38 foil. The commentators are of opinion that the Gandharva form of marriage follows the same rule as those four forms which are referred to in the first half of this text. This, however, is an artificial interpretation, which has merely been de- vised for the purpose of making this text agree with an analogous rule of Manu (IX, 196). Manu IX, 195-197; Ya^navalkya II, 144, 145; Vishwu XVII, 19-21; Vasish/y^a XVII, 46; Baudha- yana II, 2, 3, 43. Read y^aturshvahu^ in the text.

10. Snknshmi observes that where the support has been offered by several unlearned co-heirs, they shall all of them be made to participate in the gains of science. See Colebrooke's Dayabhaga, VI, I, 15, note.

11. ' The word " paternal" intends joint property.' Dayabhaga VI, I, 17; Manu IX, 206; Ya^wavalkya II, 119; Gautama XXyill, 30.

12. The rule which assigns two shares to a father distributing

when distributing his property. The mother shall receive the same share as a son (when the sons divide the property) after her husband's death.

*i3. To the eldest son a larger share shall be allotted, and a less share is assigned to the youngest son. The rest shall take equal shares, and so shall an unmarried sister.

*I4. The same rule applies to sons of a wife (Kshetra^as) lawfully begotten on her. For sons of lower caste, a decrease in the shares according to the order (of their caste) is ordained, in case they are born of women legally married.

*I5. When a father has distributed his property amongst his sons, that is a lawful distribution for them (and cannot be annulled), whether the share of one be less, or greater than, or equal to the shares of the rest; for the father is the lord of all.

his property himself, is referred to the father's self-acquired property in the Mitakshara school, and to ancestral property in the Bengal school. This difference of interpretation is connected with the varying views taken in the several schools of law of the extent of the patria potestas in questions of proprietary right and inheritance. See Dayabhaga II, 35, Colebrooke; Mitakshara I, 5, 7, Colebrooke. Ya^Tiavalkya II, 123; Vishnu XVIII, 34.

13. The share of an unmarried daughter, according to the translation here given, would have to be equal to the shares of the middlemost brothers. According to Gagannatha, all that is meant by Narada is this, that the daughter shall receive some portion of the property, the precise amount of it being left undecided. See Colebrooke's Digest, V, i, 71. — Manu IX, 11 3-1 18; Vishwu XVII, 37; XVIII, 35; Baudhayana II, 3, 9; Gautama XXVIII, 5-13; Vasish//^a XVII, 42 foil.; Apastamba II, 6, 14, 6-10; Ya^;1avalkya 11,114,124.