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(verses 9.77-84)

See Comparative notes for Verse 9.77.

VERSE 9.83

Section VII - The Recalcitrant Wife: Supersession, Divorce

अधिविन्ना तु या नारी निर्गच्छेद् रुषिता गृहात् ।
सा सद्यः संनिरोद्धव्या त्याज्या वा कुलसंनिधौ ॥८३॥

adhivinnā tu yā nārī nirgacched ruṣitā gṛhāt |
sā sadyaḥ saṃniroddhavyā tyājyā vā kulasaṃnidhau ||83||

On being superseded, if a wife, in anger, should go away from the house, she shall be either immediately confined, or cast off in the presence of the family. — (83)

Medhātithi’s commentary (manubhāṣya):

For the wife going off in anger, caused by the super-session, — the present text lays down two optional alternatives in the shape of confinement or divorce. It would not be right in such a case for either the mother-in-law or the father-in-law and other relations to console her and appease her anger by means of presents of food and clothing, or by sweet words, eta

‘Confinement’ consists in placing her in the charge of guards.

‘Divorce’, ‘Casting off’, has already been explained as consisting in dropping intercourse with her, and avoiding her bed.

‘Family’ — Relations, on the woman’s father’s side, as also those of the husband’s own side. — (83)

Explanatory notes by Ganganath Jha:

‘Kula’ — ‘His own relations as well as the wife’s parental relations’ (Medhātithi); — ‘either the family members or the public, according to circumstances’ (Rāghavānanda).

This verse is quoted in Parāśaramādhava (Ācāra, p. 69), which adds that ‘casting off’ means ‘sending her to her father’; — in Parāśaramādhava (Prāyaścitta, p. 288), which explains ‘tyājyā’ as ‘left among her own paternal relations, till such time as she is free from her defects’; — in Vidhānapārijāta (II, p. 59); — in Aparārka (p. 101), which explains ‘kulasannidhau’ as ‘pitrādikulasannidhau’, in the presence of her father and other members of the family; — in Nirṇayasindhu (p. 230); — in Vīramitrodaya (Saṃskāra, p. 874), which explains ‘kula’ as ‘her father and other relations’; — and in Madanapārijāta (p. 189).

Comparative notes by various authors:

(verses 9.77-84)

See Comparative notes for Verse 9.77.

VERSE 9.84

Section VII - The Recalcitrant Wife: Supersession, Divorce

प्रतिषिद्धाऽपि चेद् या तु मद्यमभ्युदयेष्वपि ।
प्रेक्षासमाजं गच्छेद् वा सा दण्ड्या कृष्णलानि षट् ॥८४॥

pratiṣiddhā'pi ced yā tu madyamabhyudayeṣvapi |
prekṣāsamājaṃ gacched vā sā daṇḍyā kṛṣṇalāni ṣaṭ ||84||

If the wife, though forbidden, drinks wine even at festivals or visits, shows and assemblies, she shall be fined six ‘Kṛṣṇalas’. — (84)

Medhātithi’s commentary (manubhāṣya):

‘Forbidden’, — by elders and relations.

The fine here prescribed is for the woman belonging to the Kṣatriya and other lower castes; and not for the

Brāhmaṇa woman, who cannot be let off by the small fine here prescribed; in her case the fine shall be a heavy one. Further, there is no chance of the latter partaking of wine at festivals. It is only the former class of women for whom wine-drinking is not entirely prohibited, who are found to give themselves to much drinking, when they come together on festive occasions; and it is in view of this that they are forbidden.

This fine is to be inflicted by the husband. Even though the inflicting of punishments in the duty of the king, yet, inasmuch as the husband is the ‘lord’ of his wife, he is regarded as competent to inflict the fine; specially as it is found that people are considered free to inflict fines upon servants and other dependents, in certain cases.

‘Festivals’ — rejoicings in connection with the birth of a son, marriages and the like.

‘Shows’ — theatrical and other spetacles (spectacles?).

‘Assemblies’ — large crowds of men.

This fine is to be imposed upon the woman who evinces anxiety to visit these. — (84)

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 437).

Comparative notes by various authors:

(verses 9.77-84)

See Comparative notes for Verse 9.77.

VERSE 9.85 [Seniority among Co-wives]

Section VIII - Seniority among Co-wives

यदि स्वाश्चापराश्चैव विन्देरन् योषितो द्विजाः ।
तासां वर्णक्रमेण स्याज् ज्येष्ठ्यं पूजा च वेश्म च ॥८५॥

yadi svāścāparāścaiva vinderan yoṣito dvijāḥ |
tāsāṃ varṇakrameṇa syāj jyeṣṭhyaṃ pūjā ca veśma ca ||85||

When twice-born men wed women of their own as well as other castes, their seniority, honour and habitation shall be according to the order of their castes. — (85)

Medhātithi’s commentary (manubhāṣya):

If urged by carnal desire, men should wed women belonging to the same caste as themselves, or those belonging to other castes, then their ‘seniority’ shall depend upon ‘the order of their castes,’ — and not upon age, nor upon the order of their age.

‘Honour’ — consisting in the presenting of fruits and other things.

‘The order of the caste’ is that the Brāhmaṇa-wife comes first, then the Kṣatriya, then the Vaiśya.

‘Habitation’ — i.e., the principal apartments. This belongs to the Brāhmaṇa-wife.

Among wives of the same caste, all this is governed by the order of their marriage. — (85)

Explanatory notes by Ganganath Jha:

Cf. the Mahābhārata 13.47.31.

This verse is quoted in Parāśaramādhava (Ācāra, p. 509), as laying down the order in which the several wives of a man are to be honoured; — in Smṛtitattva (p. 298) as declaring who is to be regarded as the ‘Senior’ wife,

‘Jyesṭhā’; — also in Vol. II, p. 191; — in Vivādaratnākara (p. 419), which explains ‘svāḥ’ as ‘belonging to the same caste as her husband,’ and ‘svāvarāḥ’ (which is its reading for ‘aparāḥ’) as ‘belonging to a different caste’; — in Vīramitrodaya (Vyavahāra, 198a); — and by Jīmūtavāhana (Dāyabhāga, p. 257), which says that the wife of one’s own caste, even though married later, would be the Senior and hence entitled to associate with the husband in his religious acts.

Comparative notes by various authors:

(verses 9.85-87)

Viṣṇu (26.1-4). — ‘If a man has several wives of his own caste, he shall perform his religious duties with the eldest wife. If he has several wives of diverse castes, he shall perform them, even with the youngest wife, if she is of the same caste as himself. On failure of a wife of his own caste, be shall perform them with one belonging to the caste next below his own; so also in cases of distress; — but no twice-born man shall ever do it with a Śūdra wife.’

Yājñavalkya (1.88). — ‘So long as a wife of the same caste as himself is alive, he shall not have his religious acts done by another; and among several wives of the same caste, the younger one shall not be employed in religious acts, except along with the eldest.’

Kātyāyana (Vivādaratnākara, p. 420). — ‘If a man has several wives, he should have his religious acts, such as the tending of the Sacrificial Fire, done by one who belongs to the same caste as himself; if there are several of the same caste as himself, then by the eldest among them, if she is not defective; or by one who has given birth to a heroic son and is most obedient to him, skilful, sweet-speaking and pure.’

VERSE 9.86

Section VIII - Seniority among Co-wives

भर्तुः शरीरशुश्रूषां धर्मकार्यं च नैत्यकम् ।
स्वा चैव कुर्यात् सर्वेषां नास्वजातिः कथं चन ॥८६॥

bhartuḥ śarīraśuśrūṣāṃ dharmakāryaṃ ca naityakam |
svā caiva kuryāt sarveṣāṃ nāsvajātiḥ kathaṃ cana ||86||

Of all wives, the wife of the man’s own caste, and never that of a different caste, shall attend to the husband’s personal service, as also to his daily sacred rites. — (86)

Medhātithi’s commentary (manubhāṣya):

‘Personal service’ — i.e., cooking his food, making gifts on his behalf, keeping vigils for him, and so forth.

All this the wife belonging to the man’s own caste shall attend to.

There is no such restriction however regarding such service as shampooing the back and the feet, washing of the feet and so forth.

The declamatory supplement to this follows in the next verse. — (86)

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 509); — in Vivādaratnākara (p. 419); — in Vīramitrodaya (Vyavahāra, 198a); — and by Jīmūtavāhana (Dāyabhāga, p. 259).

Comparative notes by various authors:

(verses 9.85-87)

See Comparative notes for Verse 9.85.

VERSE 9.87

Section VIII - Seniority among Co-wives

यस्तु तत् कारयेन् मोहात् सजात्या स्थितयाऽन्यया ।
यथा ब्राह्मणचाण्डालः पूर्वदृष्टस्तथैव सः ॥८७॥

yastu tat kārayen mohāt sajātyā sthitayā'nyayā |
yathā brāhmaṇacāṇḍālaḥ pūrvadṛṣṭastathaiva saḥ ||87||

While the wife of the same caste is alive, if through folly, one causes these duties to be performed by another wife, he is a ‘Brāhmaṇa-Cāṇḍāla’, as has been held by the ancients. — (87)

Medhātithi’s commentary (manubhāṣya):

If a man gets all this done by ‘another wife’ — one belonging to a different caste — while she of the same caste, is still living, — he, though a Brāhmaṇa, is as good as a ‘Caṇḍāla.’ This has been so held by the ancients. — (87)

Explanatory notes by Ganganath Jha:

‘Pūrvadṛṣṭaḥ’ — ‘Known by the ancients’ (Kullūka, Rāghavānanda and Nandana); — ‘known from olden times’ (Medhātithi); — ‘declared in the Purāṇas (Nārāyaṇa).

This verse is quoted in Vivādaratnākara (p. 419); — in Vīramitrodaya (Vyavahāra, 198a); — and by Jīmūtavāh ana (Dāyabhāga, p. 259).

Comparative notes by various authors:

(verses 9.85-87)

See Comparative notes for Verse 9.85.

VERSE 9.88 [The Marriage of Girls]

Section IX - The Marriage of Girls

उत्कृष्टायाभिरूपाय वराय सदृशाय च ।
अप्राप्तामपि तां तस्मै कन्यां दद्याद् यथाविधि ॥८८॥

utkṛṣṭāyābhirūpāya varāya sadṛśāya ca |
aprāptāmapi tāṃ tasmai kanyāṃ dadyād yathāvidhi ||88||

One shall give his daughter in the proper form, even though she may not have attained (the age), to a bridegroom who is of exceptionally distinguished appearance, and her equal. — (88)

Medhātithi’s commentary (manubhāṣya):

‘Utkṛṣṭāyci-abhirupāya.’ — The first term qualifies the second; and the meaning is ‘who is of exceptionally distinguished appearance.’ — Or, the two terms may be taken as two distinct qualifications — ‘utkṛṣṭāya’ meaning ‘one whose caste and other qualifications are remarkable,’ and ‘abhirūpāya’ meaning ‘handsome’; — the literal signification of the term being ‘rūpam ābhimukhyena prāptaḥ,’ ‘who has acquired a good appearance.’ — Or, ‘abhirūpāya’ may mean well-disposed; it is in this sense that a learned man also is called ‘abhirūpa.’

‘Equal’ — in caste and other matters.

‘Bridegroom’ — one who marries; the son-in-law.

‘She who has not attained’; — i.e., who has no carnal desires aroused, who is still too young, not having reached the youthful age, — called ‘nagnikā’ in another Smṛti-text; i.e., one in whom the sexual instinct has not arisen, who is only eight or six years old, — but not a mere infant; as is indicated by the qualifications (elsewhere) — ‘one who is eight years old.’ This same qualification may also be indicative of the fact that marriage is meant to be conducive to spiritual merit If mere Lust were the sole inducement to Marriage, wherefore could there be any marriage of the girl ‘who has not attained her age’?

There is no force however in this; as people are found to many very young girls with a view to her dowry. And it has been fully explained under Discourse III that all forms of activity are not in accordance with what is laid down in the scriptures. — (88)

Explanatory notes by Ganganath Jha:

‘Aprāptām’ — ‘Who has not attained the marriageable age,’ (Medhātithi and Rāghavānanda); — ‘who has not attained eight years of age’ (Kullūka and Nārāyaṇa).

This verse is quoted in Parāśaramādhava (Ācāra, p. 481), which explains ‘aprāptām’ as ‘one whose marriage time has not arrived, i. e., who is still a child’; — in Smṛtitattva (II, p. 124), which explains ‘aprāptām’ as ‘one who has not attained the age that is most commended for marriage’; — in Vīramitrodya (Saṃskāra, p. 755), which reproduces the explanation of ‘aprāptām’ given in Parāśaramādhava; — in Smṛtikaumudī (p. 39), as countenancing the marrying of a girl even before she is of the proper age; — in Śuddhikaumudī (p. 30) to the same effect; — and in Saṃskāramayūkha (p. 103), which explains ‘aprāptām’ as ‘one who has not attained the right age,’ who may be given away in consideration of the special qualifications of the bridegroom.

Comparative notes by various authors:

(verses 9.88-89)

Gautama (18-21). — ‘A girl should be given in marriage before puberty.’

Vaśiṣṭha (17.70). — ‘Out of fear of the appearance of the menses, let the father marry his daughter while she still runs about naked. For if she stays in the home after the age of puberty, sin falls on the father.’

Baudhāyana (4. 1.11). — ‘Let him give his daughter, while she still goes about naked, to a man who has not broken the vow of chastity and who possesses good qualities, or even to one destitute of good qualities; let him not keep the maiden in his house after she has reached the age of puberty.’

Yama (Vīramitrodaya-Saṃskāra, p. 754). — ‘Family, character, beautiful body, age, learning, wealth, presence of guardians, — these seven qualifications should he sought for before a girl is given away; nothing else need he considered.’

Lalla (Do.). — ‘Caste, learning, age, character, health, large family, wealth, Brahmanic character, — these eight should he the qualities of the Bridegroom.’

Gautama (Do.). — ‘One should give away his daughter to a man who is endowed with learning, character, relations and good conduct.’

Śātātapa (Do., p. 755). — ‘That bridegroom should he selected who is seeking for a wife and is endowed with good family and character, handsome, learned, intelligent and young, and free from defects.’

VERSE 9.89

Section IX - The Marriage of Girls

काममामरणात् तिष्ठेद् गृहे कन्यार्तुमत्यपि ।
न चैवैनां प्रयच्छेत् तु गुणहीनाय कर्हि चित् ॥८९॥

kāmamāmaraṇāt tiṣṭhed gṛhe kanyārtumatyapi |
na caivaināṃ prayacchet tu guṇahīnāya karhi cit ||89||

Well might the maiden, even though she may have reached puberty, remain in the house till her death; but the father shall never give her to a man destitute of good qualities. — (89)

Medhātithi’s commentary (manubhāṣya):

As a rule, the girl should be given away before puberty; but even after puberty, the father should not give her away until a qualified bridegroom has been found.

‘Qualities’ — such as a high degree of learning, bravery, physical beauty, right age, being averse to doing acts forbidden by custom and scriptures, love for the bride; and so forth. — (89)

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 93), which adds that what is meant is that ‘so long as a man with good qualifications is not available she shall not be given to one devoid of qualifications,’ and not that there is nothing wrong, under the circumstances, to keep the girl unmarried even after puberty; as this latter view is contrary to other texts.

It is quoted in Smṛtitattva (II, p. 124), which adds that all that is meant is that the girl should not be given to a man devoid of qualifications; — in Smṛtikaumudī (p. 38); — in Hemādri (Kāla, p. 804), which says that what is meant is that ‘she should not be given to a man without qualifications when a qualified man is available,’ and it is not meant that a girl should never be given to a man without qualifications; — in Smṛticandrikā (Saṃskāra, p. 216), which has the same note; — in Saṃskāraratnamāla (p. 456), which also has the same note; — and in Saṃskāramayūkha (p. 102), which says that ‘api’ and ‘kāmam’ indicate that the verse is not to be taken in its literal sense; all that is meant is to eulogise the marrying of the girl to a qualified man.

Comparative notes by various authors:

(verses 9.88-89)

See Comparative notes for Verse 9.88.

VERSE 9.90

Section IX - The Marriage of Girls

त्रीणि वर्षाण्युदीक्षेत कुमार्यर्तुमती सती ।
ऊर्ध्वं तु कालादेतस्माद् विन्देत सदृशं पतिम् ॥९०॥

trīṇi varṣāṇyudīkṣeta kumāryartumatī satī |
ūrdhvaṃ tu kālādetasmād vindeta sadṛśaṃ patim ||90||

Having reached puberty, the maiden may wait for three years; after that time, she shall procure a suitable husband. — (90)

Medhātithi’s commentary (manubhāṣya):

‘Puberty’ — menstruation; after menstruation she may stay in her father’s house ‘for three years’; after that, in the event of a distinguished bridegroom not forthcoming, she shall choose a ‘suitable husband’ — one who is her equal in caste. — (90)

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Ācāra, p. 484); — in Vīramitrodaya (Saṃskāra, p. 772); — in Hemādri (Kāla, p. 805) — in Smṛticandrikā (Saṃskāra, p. 217); — and in Saṃskāra-ratnamālā (p. 501).

Comparative notes by various authors:

(verses 9.90-92)

Mahābhārata (13.44.15). — (Same as Manu, but reading ‘svayam bhartāramarjayet’ for the last foot.)

Baudhāyana (4.10.14). — ‘Three years let a marriageable damsel wait for the order of her father. But after that time, let her choose for herself, in the fourth year, a husband of the same caste. If no one of equal rank is to be found, she may take even one destitute of good qualities.’

Gautama (18-20). — ‘A marriageable maiden who is not given in marriage shall allow three monthly periods to pass, and afterwards unite herself, of her own will, to a blameless man, giving up the ornaments received from her father or his family.’

Vaśiṣṭha (17.67-68). — ‘A maiden who has attained puberty shall wait for three years; — after three years, she may herself take a husband of equal caste.’

Viṣṇu (24.40). — ‘When she has allowed three monthly periods to pass without being married, let her choose a husband for herself; three monthly periods having passed, she has, in every case, full power to dispose of herself as she thinks best.’

Yājñavalkya (1.64). — ‘If there are no persons to give her away, the maiden shall herself take a suitable husband.’

Nārada (12.22-23). — ‘If no such person be in existence as should marry her, let the maiden approach the King, and let her, with his permission, betake herself to a bridegroom of her own choice, 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.’

Yama (Vīramitrodaya-Saṃskāra, p. 773). — ‘If, for twelve years, the girl remains unmarried in her father’s house, the guilt of embryo-killing falls upon the father, and the maiden shall choose her own husband.’

VERSE 9.91

Section IX - The Marriage of Girls

अदीयमाना भर्तारमधिगच्छेद् यदि स्वयम् ।
नैनः किं चिदवाप्नोति न च यं साऽधिगच्छति ॥९१॥

adīyamānā bhartāramadhigacched yadi svayam |
nainaḥ kiṃ cidavāpnoti na ca yaṃ sā'dhigacchati ||91||

When a maiden, when not given away, herself procures a husband, she incurs no sort of sin; nor does the man whom she weds. — (91)

Medhātithi’s commentary (manubhāṣya):

After three years, if not given away, if the girl chooses a husband, — then, no sort of guilt accrues either to the girl or to the man.

That the girl incurs no sin having been already mentioned in the foregoing verse, the present verse is added for the purpose of declaring that there is none on the part of the bridegroom either.

Puberty has been declared to be reached by girls when they are twelve years old. — (91)

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Saṃskāra, p. 772); — in Parāśaramādhava (Ācāra, p. 484), which says that the meaning is that the man whom she takes as husband does not incur any sin in marrying her; — in Hemādri (Kāla, p. 805), which explains the last clause to mean that the man also incurs no sin; — in Smṛticandrikā (Saṃskāra, p. 217), which has the same note; — and in Saṃskāraratnamālā (p. 501) which explains ‘adīyamānā’ as ‘not given away’, either on account of the absence of a giver, or on account of the giver, though present, being disregarded, and reproduces Mādhava’s explanation.

Comparative notes by various authors:

(verses 9.90-92)

See Comparative notes for Verse 9.90.

VERSE 9.92

Section IX - The Marriage of Girls

अलङ्कारं नाददीत पित्र्यं कन्या स्वयंवरा ।
मातृकं भ्रातृदत्तं वा स्तेना स्याद् यदि तं हरेत् ॥९२॥

alaṅkāraṃ nādadīta pitryaṃ kanyā svayaṃvarā |
mātṛkaṃ bhrātṛdattaṃ vā stenā syād yadi taṃ haret ||92||

When the girl chooses her own husband, she should not take away any ornaments given to her either by her father, or mother or brother; if she did take them, she would be a thief. — (92)

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