Hindu Law and Judicature from the Dharma-Sástra of YájnavalkyaYajñavalkya
Religion
Hindu Law and Judicature from the Dharma-Sástra of Yájnavalkya
Yajñavalkya
Hindu law
[Footnote 192: _dharma_ wife is defined by the Commentator, a wife of
the same cast with her husband, and wedded to him according to the
_bráhma_ and other approved forms of marriage; which are described in
the first book, sl. 58-61, _viz._ "In the marriage called _bráhma_,
[the bride], adorned in a manner suitable to the means [of her
family], is bestowed upon the invited bridegroom,--In the _daiva_
[marriage, the bride is made over] to the priest whilst offering
sacrifice: _ársha_ [marriage], is where [the bride's father] receives
a pair of kine.--In the _káya_ [marriage, the bride] is delivered to
the suitor with the injunction, Together practise the rules of duty!
In the _asura_ [marriage], wealth is received [from the bridegroom].
_Gándharva_ is [a union in marriage] by mutual consent [of the
parties]: the _rákshasa_ [marriage], is by capture [of the woman] in
war: the _paiśácha_ [marriage, where she is obtained] by
deception." Manu ch. 3, sl. 20 _et. seq._]
[Footnote 193: _scil._ according to Vaśishṭha, such as, by
agreement between father and son-in-law, at the time of the daughter's
marriage, has been, by anticipation, given up to the father. (_M._)
And the Commentator notes, that the term used, _puttrikásata_, may be
also rendered or understood 'daughter as a son' _i. e._ a daughter
appointed or placed in the same position and with the same rights as a
son.]
[Footnote 194: _sagotra._]
[Footnote 195: it being merely known that the father is a man of the
same cast, not who he is. (_M._)]
[Footnote 196: privately, in the father's house. (_M._) Manu adds the
condition, if she marry her lover; ch. 9, sl. 172.]
[Footnote 197: Manu, ch. 9, sl. 175.]
[Footnote 198: This is permitted to a man of the same cast, in time of
distress; but only where there are several sons: the eldest cannot be
bestowed as a gift-son. (_M._) Manu, ch. 9, sl. 168.]
[Footnote 199: The Commentator explains, that this can only be on the
same conditions as the given or gift son. Manu, ch. 9, sl. 174.]
[Footnote 200: having lost his parents, or being abandoned by them.
(_M._) We have some doubt of the Commentator's meaning: here as the
alternative includes a separate head and description, _viz._ (xii) in
the succeeding sloka. The word rendered 'abandoned' literally
signifies 'liberated,' 'set free;' so the meaning may be,--one who is
left free to choose for himself.]
[Footnote 201: Manu, ch. 9, sl. 173.]
[Footnote 202: ibid. sl. 171.]
[Footnote 203: _piṇḍa_, which literally signifies any round
substance. The cake is a compound, in form of a ball, given as an
offering to the dead.]
[Footnote 204: The Commentator quotes Vaśishṭha--If a son be
adopted, and afterwards an _aurasa_ be born, the former takes a fourth
part--and deduces from this, that a son of any inferior grade receives
a fourth share when superseded by an afterborn _aurasa._]
[Footnote 205: Manu, ch. 9, sl. 179.]
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