The History of Antiquity, Vol. 4 (of 6)Duncker, Max
History
The History of Antiquity, Vol. 4 (of 6)
Duncker, Max
History, Ancient
If the law is compelled to make these large concessions, so
contradictory to the system, it seeks in the opposite direction to
maintain the distinctions of the castes as strongly as possible; the
higher castes may descend to the lower, but no lower caste can ever
engage in the occupation of the higher. Such interference is punished
with confiscation of property and banishment. Still, even here, the law
allows an exception, and that in favour of the lowest caste, the Çudras,
whom the law rigidly keeps in the servitude imposed upon them by force
of arms. The Çudra is meant for a servant; he who is not born a slave is
to serve voluntarily for hire; he must first seek service with a
Brahman, then with Kshatriyas, then with Vaiçyas. Blind submission to
the command of his master is the duty of the Çudra. Yet if he cannot
find service anywhere, he may support himself by handicraft; but the law
adds, "it is not good for a Çudra to acquire wealth, for he will use it
in order to raise himself to an equality with the other orders." The
impure castes among the Çudras are not, for this very reason, to be
employed among the Dvijas for labour in the house and field.
In the law the four castes are races divided from each other by
creation. As in all distinctions of orders, so in India, the separation
first applied to the men. The final point was not reached, the rigidity
of the order was not complete, the caste did not exist, till the women
also were included in the division, till the marriages between the
orders ceased and were forbidden, till the free circulation of blood
among the people was thus checked, and the classes stood towards each
other as distinct races and tribes of alien blood. In the book of Manu
we find two views on the connubium of the orders existing side by side,
one more strict than the other. From the nature of the case, and the
position which it occupies in the book of the law, the milder view is
the older, the more strict the later. According to the older view caste
is determined by descent from the father; a man belonging to the three
upper castes, _i.e._ a Dvija, may take a wife from the Brahmans,
Kshatriyas, or Vaiçyas, as he pleases; Çudra women only are excluded. In
this sense the law lays down that Çudra wives are not suitable for men
of the three upper classes, and wives of the three upper castes are not
suitable for Çudra husbands. In order to transform this, the current
custom, into a more severe practice, the law does not indeed forbid
marriage with women from any other of the three higher castes, but it
recommends that a maid of a man's own caste should be taken as his first
wife; and after this he may proceed according to the rank of the castes.
This recommendation met with more favour, it would seem, because a Çudra
woman could be taken as a second wife. It is obvious that only a wife of
equal birth could perform the sacrifices of the house with the
lord.[301] A Çudra woman could not be the first, _i.e._ the legitimate
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