Dharmashastra : Einführung und Überblick

8. Manu IX: Sitte und Recht von Ehe und Familie

2. Manu IX, 1-55


von Alois Payer

mailto: payer@payer.de


Zitierweise / cite as:

Payer, Alois <1944 - >: Dharmashastra : Einführung und Überblick. -- 8. Manu IX: Sitte und Recht von Ehe und Familie. -- 2. Manu IX, 1-55. -- Fassung vom 2004-01-06. -- URL: http://www.payer.de/dharmashastra/dharmash082.htm -- [Stichwort].

Erstmals publiziert: 2004-01-06

Überarbeitungen:

Anlass: Lehrveranstaltung 2003/04

Unterrichtsmaterialien (gemäß § 46 (1) UrhG)

©opyright: Dieser Text steht der Allgemeinheit zur Verfügung. Eine Verwertung in Publikationen, die über übliche Zitate hinausgeht, bedarf der ausdrücklichen Genehmigung der Herausgeberin.

Dieser Teil ist ein Kapitel von: 

Payer, Alois <1944 - >: Dharmashastra : Einführung und Übersicht. -- http://www.payer.de/dharmashastra/dharmash00.htm

Dieser Text ist Teil der Abteilung Sanskrit von Tüpfli's Global Village Library


Manu IX


Übersetzungen der Manusmrti (siehe auch Kapitel 3):

Manu: The laws of Manu / transl. with extracts from 7 commentaries by G. Bühler. -- Oxford : Clarendon, 1886. -- CXXXVIII, 620 S. -- (The sacred books of the East ; 25). -- Online: http://hinduwebsite.com/sacredscripts/laws_of_manu.htm. -- Zugriff am 2003-11-11

Manu: Manu-smrti : the laws of Manu ; with the Bhasya of Medhathiti / transl. by Ganganatha Jha. - Calcutta : University of Calcutta, 1920 - 1926. -- 5 vol. in 8 parts + Notes in 3 parts. -- [Unentbehrlich!!!]

Manu: The laws of Manu / with an introd. and notes transl. by Wendy Doniger with Brian K. Smith - 1. publ.. - London : Penguin Books, 1991. - LXXVIII, 362 S. -- (Penguin classics). -- ISBN 0-14-044540-4

Vorbemerkung von Ganganatha Jha (1871 - 1941) zu seiner Übersetzung von Medhâtithis Manubhâshya zu diesem Kapitel:

"The text oft the Bhâshya on this Discourse is speecially defective ; there are endless lacunae, which, even with the large number of manuscripts we have used, we have not been able to supply."

Übersicht



0. Ganganatha Jha (1871 - 1941), der gelehrte Übersetzer von Medhâtithis Manukommentar


 


Abb.: Ganganatha Jha (1871 - 1941)

1871-09

in Sarisab  (Distrikt Darbhanga, Bihar) geboren als Sohn des gelehrten Brahmanen Tirthanath (Dharanath) Jha und der Rama Kashi Devi, Tochter des Vasudeva Singh Maharaja von Dharbanga. Traditioneller Unterricht durch Pandits


Abb.: Lage von Dharbanga (©MS Encarta)

"DARBHANGA, a town and district of British India, in the Patna division of Bengal. The town is on the left bank of the Little Baghmati river, and has a railway station. Pop. (1901) 66,244. The town is really a collection of villages that have grown up round the residence of the raja. This is a magnificent palace, with gardens, a menagerie and a good library. There are a first-class hospital, with a Lady Dufferin hospital attached; a handsome market-place, and an Anglo-vernacular school.

The district of Darbhanga extends from the Nepal frontier to the Ganges. It was constituted in 1875 out of the unwieldy district of Tirhoot. Its area is 3348 sq. m. In 1901 the population was 2,912,611, showing an increase of 4% in the decade. The district consists entirely of an alluvial plain, in which the principal rivers are the Ganges, Bun Gandak, Baghmati and Little Baghmati, Balan and Little Balan, and Tiljuga. The land is especially fertile in the more elevated part of the district S.W. of the Bun Gandak; rice is the staple crop, and it may be noted that the cultivator in Darbhanga is especially dependent on the winter harvest. The chief exports are rice, indigo, linseed and other seeds, saltpetre and tobacco. There are several indigo factories and saltpetre refineries, and a tobacco factory. The district is traversed by the main line of the Bengal & North-Western railway and by branch lines, part of which were begun as a famine relief work in 1874.

The maharaja bahadur of Darbhanga, a Rajput, whose ancestor Mahesh Thakor received the Darbhanga raj (which includes large parts of the modern districts of Darbhanga, Muzaffarpur, Monghyr, Purnea and Bhagalpur) from the emperor Akbar early in the 16th century, is not only the premier territorial noble of Behar but one of the greatest noblemen of all India.

Maharaja Lachhmeswar Singh Bahadur, who succeeded to the raj in 1860 and died in 1898, was distinguished for his public services, and especially as one of the most munificent of living philanthropists. Under his supervision his raj came to be regarded as the model for good and benevolent management; he constructed hundreds of miles of roads planted with trees, bridged all the rivers, and constructed irrigation works on a great scale. His charities were without limit; thus he contributed 300,000 for the relief of the sufferers from the Bengal famine of 1873-1874, and it is computed that during his possession of the raj he expended at least 2,000,000 011 charities, works of public utility, and charitable remissions of rent. For many years he served as a member of the legislative council of the viceroy with conspicuous ability and moderation of view. As representative of the landowners of Berar and Bengal he took an important part in the discussion on the Bengal Tenancy Bill.

He was succeeded by his brother, Maharaja Rameshwar Singh Bahadur, who was born on the 16th of January 1860, and on attaining his majority in 1878 was appointed to the Indian Civil Service, serving as assistant magistrate successively at Darbhanga, Chhapra and Bhagalpur. In 1886 he was created a raja bahadur, exempted from attendance at the civil courts, and appointed a member of the legislative council of Bengal. He was created a maharaja bahadur on his succession to the raj in 1898. Like his brother, he was educated by an English tutor, and his administration carried on the enlightened traditions of his predecessor.

See Sir Roper Lethbridge, The Golden Book of india."

[Quelle: Encyclopedia Britannica 1911. -- Online: http://96.1911encyclopedia.org/D/DA/DARBHANGA.htm. -- Zugriff am 2003-12-25]

1878/79

Aufenthalt in Benares. Unterricht in Sanskrit. Kontakt zu Pandits.

1880

Besuch der Dharbanga Raj School.

1886

Besuch des Queen's College in Benares. Beginn der Bekanntschaft und späteren Freundschaft  mit Georg Friedrich Wilhelm Thibaut (*1848 in Heidelberg - 1914in Berlin), Principal des Benares Sanskrit College (1879 - 1888), Professor am Muir Central College, Allahabad (1888 - 1895), Principal ebendort ab 1895.


Abb.: Georg Thibaut

1888

Intermediate Examination. Studium bei Pandit Shivakumar Mishra, Pandit Jaya Deva Mishra (Sanskrit-Grammatik und Logik), Pandit Kailash Shiromani Bhattacharya (Philosophie)


Abb.: Pandit Jaya Deva Mishra

1889-03


Abb.: Muir College, Allahabad University [Bildquelle: http://www.indiatravelogue.com/dest/up/up2.html. -- Zugriff am 2003-12-25]


Abb.: Lehrpersonal des Muir College, 1889 [Bildquelle: http://www.allduniv.edu/about2.htm. -- Zugriff am 2003-12-25]

Eröffnung der Allahabad University [Webpräsenz: http://www.allduniv.edu/about.htm. -- Zugriff am 2003-12-24]

1889-06

Heirat mit der Tochter von Pandit Harsha Natha Jha.

1890

B.A. (Allahabad University).

1893

Bibliothekar an der Darbhanga Raj Library. Sanskrit-Studien in Benares. Beitritt zur Theosophical Society

1902 - 1918

Professor für Sanskrit, Muir Central College, Allahabad.


Abb.: Ganganatha Jha als Professor des Muir College [Bildquelle: http://www.allduniv.edu/about3.htm. -- Zugriff am 2003-12-25]

1905

Fellow of the Allahabad University, Mitglied der Faculty of Arts

1907 - 1918

gibt zusammen mit G. Thibaut die Zeitschrift Indian Thought heraus

1909

Doctor of Literature (Allahabad University)


Abb.. Ganganatha Jha mit Familie

1910

erhält von der Regierung den Titel Mahamahopadhyaya

1918

Principal des Sanskrit College, Benares


Abb.: Sanskrit College (heute: University) Benares [Bildquelle: http://www.meadev.nic.in/perspec/feb2001/sanskrit.htm. -- Zugriff am 2003-12-25]

1920-1929

Manu-smrti; the laws of Manu with the bhasya of Medhatithi / Translated by Ganganatha Jha. -- [Calcutta] : University of Calcutta, 1920-1929. -- 10 Bde.

"Sometime about 1920 I was asked by the Calcutta University to undertake the translation of Medhâ-Tithi's Manu-Bhâsya. When I began to do the work I found that both printed texts, the one published by the Hon'ble Mr. VishwanaTh Narayan Mandlik, as well as the recent one published by Prof. J. R. Gharpure, were hopelessly corrupt. In fact this BhÂsya, as it has come down to us, is a literary curiosity. From internal evidence it seems the work was done between the 8th and 9th centuries. But even as early as the 11th century it became practically lost, at least scattered about so that a reduction was got done by a certain king named Madana who ruled somewhere near Delhi in the 11th century with the help of various portions of the work brought together from various parts of the country. This fact is stated in a verse that is found at the end of almost all the manuscripts that are available now. ...

To my horror I very soon found out that the person who was responsible for this revised text was far from competent. Several pages of matter have been misplaced and no attempt appears to have been made to collate the different readings, or even to locate the text. Another curious fact about this work is that this revised text is wanting in the explanations of some very important texts bearing upon inheritance; that this lacuna is due to the revision, is clear from the fact that it appears in all the available manuscripts which seem to have been copied out of the same Mâtrkâ. That these lost portions of Medhâtithi existed as late as the 14th and 15th centuries is clear from quotations from this portion made in the 'Vrdda Ratnâkara of Candesvara and some other digests. When I looked out for manuscripts of the book I got one from the library of the Bengal Asiatic Society, one from the library of the Bhandarkar Institute at Poona; another from the Bhonsle Library at Nagpur; and through the Government I secured 9 manuscripts from the India Office Library. With the help of all these I made out some sort of a readable and understandable text and then proceeded to translate it. All this took a long time and the book was finally printed in 1929. It consists of 8 volumes; 5 volumes of texts and 3 volumes of notes. The honorarium promised to me by the University was Rs. 5/- per printed page. This, therefore, represents my largest literary earning. At the instance of Sir Ashutosh my corrected text also was published by the Bengal Asiatic Society. For this however, I got no remuneration."

[Jha, Ganganatha <1871 - 1941>: The autobiographical notes of Mahamahopadhyaya Dr. Sir Ganganatha Jha / ed. by Hetukar Jha. -- Allahabad : Ganganatha Jha Kendriya Sanskrit Vidyapeetha, 1976. -- 136, XII S. : Ill. - (Journal of the Ganganatha Jha Kendriya Sanskrit Vidyapeetha ; 30). -- S. 132 - 134]

1921

Mitglied des Indian Educational Service, Mitglied des Council of State of India, Delhi

1925

Doctor of Law honoris causa (Allahabad University)

1931

 Jha, Ganganatha <1871-1941>: Hindu dharma sastra. -- Patna : Patna University, 1931. -- 176 S. --  ["Ramdin readership lectures, 1928-29." ]

1936

Doctor of Literature honoris causa (Allahabad University)

1941

Korrespondierendes Mitglied der Britischen Akademie der Wissenschaften

1941

Tod

1943

Gründung des Ganganatha Jha Memorial, Allahabad (später: Ganganatha Jha Research Institute bzw. Ganganatha Jha Kendriya Sanskrit Vidyapeetha) [Informationsbroschüre: http://www.kokken.go.jp/public/world/35/index.htm. -- Zugriff am 2003-12-24]


Abb.: Ganganatha Jha Kendriya Sanskrit Vidyapeetha, Allahabad

Quellen:

Ganganatha Jha centenary volume. -- Allahabad : Ganganatha Jha Kendriya Sanskrit Vidyapeetha, 1973. -- XXXV, 488 S. -- (Journal of the Ganganatha Jha Kendriya Sanskrit Vidyapeetha ; 29)

Jha, Ganganatha <1871 - 1941>: The autobiographical notes of Mahamahopadhyaya Dr. Sir Ganganatha Jha / ed. by Hetukar Jha. -- Allahabad : Ganganatha Jha Kendriya Sanskrit Vidyapeetha, 1976. -- 136, XII S. : Ill. - (Journal of the Ganganatha Jha Kendriya Sanskrit Vidyapeetha ; 30)


1. Mann und Weib


1. Ich werde dir nun die ewigen Gesetze für Mann und Weib in Verbindung und Trennung verkünden. Für Mann und Weib, die sich auf dem dharmagemäßen Weg befinden.

Medhâtithi z. St.:

"In course of the enunciation of the ' heads of dispute ', after 'adultery' comes 'the determining of the duties of husband and wife'. It is this therefore that is now going to. be set forth.

When the husband is very much harassed by his wife, or the wife is very much persecuted by her husband, the dispute is to be brought up before (he king. It has been laid down (hat the wife shall attend upon her husband who. behaves in the right manner, who is not beset with hate and jealousy and who is well-disposed towards his wife; and the husband has no sort of 'sovereignty' over his wife; and the (attending) is to consist, in shampooing his feet and rendering such service as behoves a, servant.

Though the words used in the text are 'man' and 'woman', — which only denote the human genus in its two sexes, — yet in the present context they are relative terms, connotative of the husband and wife specially as in the next verse, the term 'sva' (svaih) clearly indicates that the 'man' and 'woman' bear a distinct relationship to one another.

The present verse contains the author's declaration as to what he is going to do in the coming discourse.

Of the husband and wife,—'during union'—while they are together,—and 'during separation',—when the husband has gone away from home.

'The righteous path'—regarding toilet, the care of the body and so forth.

All this 'I am going to expound'.

The epithet 'eternal' is only by way of praise.

'Who keep to the righteous path' —this is purely reiterative of the fact that it is the path laid down in the legal scriptures that is the most righteous."

[Übersetzung: Manu: Manu-smrti : the laws of Manu ; with the Bhasya of Medhathiti / transl. by Ganganatha Jha. - Calcutta : University of Calcutta. -- Vol. V. --1926.  -- z. St.]

2. Die Männer müssen ihre Frauen Tag und Nacht abhängig machen. Die Frauen, die an Sinnesobjekten haften, müssen unter die Kontrolle ihrer Männer gebracht werden.

Medhâtithi z. St.:

"Women should not, be left free to act as they like, in regard to morality, wealth and pleasure. Whenever they desire to employ their wealth in acts of righteousness and the like, they should obtain the permission of their 'men', the husband or other male relations, according to her age.

'Their men'— Guardians, indicated in the following verse.

'Sensual objects';—Singing and the like; they become 'addicted to' having recourse to—these, - 'they should be kept under ones control,'—should be checked.

Though the phrase 'not left to themselves' indicates the propriety of depriving them of independence in regard to all actions, yet the text specifically mentions the 'sensual objects' with a view to point out that in regard to these latter special care should be taken; so that people may not be led to think that all that is necessary is to prevent the women from associating with other men, and it does not matter if they become addicted to drink and other evils, while keeping confined to their homes.

The particle ' ca ' indicates that, though what the words directly declare is the duty of the man, yet il also follows that the woman also should not be independent; it is in this manner that the duties of both 'man and woman' in relation to one another become expounded, as promised in verse (1),—and not those duties that consist of sacrificial performances and the like."

[Übersetzung: Manu: Manu-smrti : the laws of Manu ; with the Bhasya of Medhathiti / transl. by Ganganatha Jha. - Calcutta : University of Calcutta. -- Vol. V. --1926.  -- z. St.]

"This verse is quoted in Mitâksharâ (2.195), which adds the following notes :—As a matter of fact, this appearing of husband and wife before the king as plaintiff and defendant is forbidden, and as such there is no room for this subject under the present head ; but what is meant is that if, from other sources, the king should happen to hear of the misbehaviour of the one or the other of the party, he should interfere, and by means of judicious punishment bring them back to the path of righteousness ; otherwise he becomes involved in sin.

Bâlambhattî has the following explanatory notes :—' Svaih' the women's own brother and other relations,—' divânisham,' always,—' vishayeshu' even such objects of enjoyment as are not actually forbidden, such as beautiful things, tasty food, and so forth,—' sajjantyah'' addicted,—they should be kept under control."

[Manu: Manu-smrti : the laws of Manu ; with the Bhasya of Medhathiti / transl. by Ganganatha Jha. - Calcutta : University of Calcutta. -- Notes. -- Part II: Explanatory. --1924.  -- z. St.]

Parallelstellen:

[See also Manu, 5.147-148 and the texts under them.]

Gautama (18.1).—' A wife is not independent with respect to the sacred Law.'

Bodhdyana (2-3. 44).—' Women do not possess independence.'

Vashistha(5.1).—'A woman is not independent; the males are her masters.'

Vishnu (25.12).—' Not to act by herself in any matter.'

Yajnavalkya (1.85).—' There is no independence for woman at any time.'

Brhaspati (24,2).—' A woman must be restrained from even slight transgressions by her relations,—by night and by day she must be watched by her mother-in-law and other ladies of the family.'

Shukranniti (4-4. 11, 23).—' Women have no separate right to the employment of the means of realising the three ends of spiritual merit, wealth and pleasure. The wife should be pure in mind, speech and action ; she should abide by the instructions of her husband, and follow him like his shadow, and be a friend in all his activities and servant in all his commands.'

[Manu: Manu-smrti : the laws of Manu ; with the Bhasya of Medhathiti / transl. by Ganganatha Jha. - Calcutta : University of Calcutta. -- Notes. -- Part III: Comparative. --1926.  -- z. St.]

3. Ihr Vater behütet sie zur Zeit ihrer Jungfernschaft, ihr Gatte behütet sie in ihrer Jugend, ihre Söhne behüten sie im Alter. Nicht ist eine Frau fähig zur Eigenständigkeit.

Einer der berühmtesten Verse Manus

pitâ rakshati kaumâre
bhartâ rakshati yauvane
rakshanti sthavire putrâ
na strî svâtantryâm arhati ║

Vgl. die Geschlechtsvormundschaft unverheirateter Frauen in der Schweiz bis 1882 und die Vormundschaft des Ehemanns über die Frau in manchen Kantonen bis 1912 (siehe Kapitel 8,1).

Medhâtithi z. St.:

"'Guarding' here stands for averting of trouble,— 'trouble' consisting in suffering caused by the transgression of the right course of conduct, by illegal appropriation of property and so forth; and the 'averting' of this consists in warding it off. This should be done by the father and others.

The Present tense in 'guards' has the force of the Injunctive; such use being a Vedic idiom; hence the word  'guards' should be taken to mean ' should guard '.

The mention of the three stages of her life separately is only meant to show on whom lies the greater responsibility during a certain period of the woman's life, In reality all the male relatives are equally responsible for her safety.

'Viryinity'—stands for the period preceding her being given away in marriage.

Smilarly 'youth' stands for the period during which her husband is alive.

Thus the words of the text are only reiterative of the actual state of things; the sense being that the woman shall be guarded by that man under whose tutilage she may be living at the time. It is for this reason that even during her husband's life-time, the responsibility for the woman's protection rests upon her father and her son also. This is what has been declared in the laws of Manu ; which means that all of them shall guard her at all times; and this has not been stated in so many words, as that would have made the text prolix.

"What is asserted here has been already declared above, under 5. 147."

'Not so; 'independence' is one thing and 'guarding' is another. 5.147 has declared that woman shall not be 'independent', while the present text lays down that she shall be ' guarded', as a, matter of fact, even while the woman is ' dependent' upon some one else, she may be open to danger, which has got to be averted.

"But in the present text also it is said that ' the woman is not fit for independence."

Our answer to this is that the present text does not lay down that she shall not be independent in regard to anything at all; all that it means is that her mind being not quite under her control, she is not capable of guarding herself, specially as she does not possess the requisite strength. Under .discourse V on the other hand, the absence of  'independence' laid down is in regard to something totally different (i.e. her property)."

[Übersetzung: Manu: Manu-smrti : the laws of Manu ; with the Bhasya of Medhathiti / transl. by Ganganatha Jha. - Calcutta : University of Calcutta. -- Vol. V. --1926.  -- z. St.]

Parallelstellen:

Mahabharata (13.46, 14).—(Same as Manu.)

Bodhayana (2-3.45).—' They quote the following:—" Their father protects them in childhood, their husband protects them in youth, and their sons protect them in old age ; a woman is never fit for independence." '

Vashistha (5.3).—' They quote the following:—" Their fathers protect them in childhood ; their husbands protect them in youth ; and their sons protect them in old age ; a woman is never fit for independence.'

Vishnu (25.13).—' To remain subject, in her infancy to her father, in her youth, to her husband, and in her old age to her sons.'

Yajnavalkya (1.85-86).—'The father shall guard her while she is a maiden, her husband, when she has been married, and her son in old age ; in the absence of these, her relations ; there is no independence for the woman at any time. When deprived of her husband, she shall never live apart from her father, mother, son, brother, father-in-law, mother-in-law, or maternal uncle.'

Smrtyantara (Apararka, p, 109).—' When there is no one left in the two families (of her father and of her husband), the King becomes the master and supporter of the woman; he shall support her and punish her if she deviates from the path of duty.'

Narada (Vivadaratnakara, p. 410).—'Women, even though born of noble families, become ruined by independence ; that is why Prajapati has ordained that they shall not be independent.'

Narada (Vivadaratnakara, p. 411).—'On the death of her husband, if the widow is without a son, the members of her husband's family shall be her masters ; they shall take it upon themselves to protect and support her. If the husband's family has perished, and not a single member of it is left, her father's family shall be her master. When there is no one left in either of the two families, the King becomes her lord and protector ; it is for him to protect her and punish her if she deviates from the right path.'

[Manu: Manu-smrti : the laws of Manu ; with the Bhasya of Medhathiti / transl. by Ganganatha Jha. - Calcutta : University of Calcutta. -- Notes. -- Part III: Comparative. --1926.  -- z. St.]

4. Tadelnswert ist der Vater, der seine Tochter nicht zur rechten Zeit zur Hochzeit verspricht. Tadelnswert ist auch der Gatte, der nicht zur rechten Zeit mit ihr Geschlechtsverkehr hat. Der Sohn ist aber zu tadeln, der nach dem Tod ihres Gatten kein Behüter seiner Mutter ist.

Medhâtithi z. St.:

"If, at the approach of the right time for giving her away, the father does not give her away, (he becomes censurable).

"What is the right time for the girl to he given away ?"

It. has been laid down that such time begins from her eighth year and extends to the time previous to her puberty. We have indications of this in the present work also.


Abb.: Südindischer Raja mit kindlicher Braut, 1870er Jahre (Fotograf unbekannt)

[Bildquelle: Das letzte Empire : Fotografie in Britisch-Indien 1855 - 1911 / Texte: Clark Worswick und Ainslie Embree. Dt. von Hans J. Becker. - 1. Aufl.. - Frankfurt : Zweitausendeins, 1990. - 146 S. : überwiegend Ill. -- S. 83]


Abb.: Gandhi (1869 - 1948)  mit seiner Frau Kasturbai, Bombay, 1915. Der 13jährige Gandhi war 1883 mit der 13jährigen Kasturba (1869 - 1944) verheiratet worden

'Who does not approach her'—Who does not have intercourse with her. The ' right time' for such approach is the period of her ' course '."

[Übersetzung: Manu: Manu-smrti : the laws of Manu ; with the Bhasya of Medhathiti / transl. by Ganganatha Jha. - Calcutta : University of Calcutta. -- Vol. V. --1926.  -- z. St.]

Parallelstellen:

Gautama (18,22).—' He who neglects the marriage of girls commits sin.'

Bodhayana (4.1.12, 17-19).—' He who does not give away a marriageable daughter within three years of her puberty doubtlessly contracts a guilt equal to that of killing an embryo. He who does not approach, during three years, a wife who is marriageable, incurs, without doubt, a guilt equal to that of killing an embryo ; but if a man does not approach his wife after she has bathed after her temporary uncleanliness, though he dwells near her.—his ancestors lie, during that month, in the menstrual excretions of the wife. They declare that the guilt of the husband who does not approach his wife in due season,—of him who approaches her during her temporary uncleanliness,—and of him who commits an unnatural crime, is equally heinous.'

Vashistha (17. 69-70).—' They quote the following:—" If through the father's negligence, a maiden is given away after the suitable age has passed, she, who was waiting for a husband, destroys him who gives her away............Out of fear of the appearance of menses, let the father marry his daughter while she still goes about naked ; for if she stays in the house after the age of puberty, sin falls upon the father. '

Yajnavalkya (1.64).—' If one does not give away the girl, he incurs the guilt of killing an embryo, at each of her menstrual periods.'

Kashyapa (Apararka, p. 93).—' If a girl perceives her menstrual blood while she is still in her father's house, unmarried, her father becomes the killer of an embryo, and the girl herself a chandali. If any Brahmana, through folly, marries such a girl, he is to be known as the husband of a Vrshali, unfit to be invited at a Shraddha and to dine with Brahmanas.'

Narada (Do.). --' The girl shall not ignore the appearance of her menstrual flow ; she shall inform her relations of it ; if after this, they do not give her away, they become equal to Brahmana-killers.'

Samvarta (Do.).—' Father, mother, and brother, all these three go to hell, if they see a maiden in puberty.'

Brhaspati (24. 3, Vivadaratnakara, p. 412).—' If the father does not give her away in time,—or if the husband does not approach her during her periods,—or if the son does not supply his mother with food,—all these three become legally reprehensible and deserving of punishment.'

[Manu: Manu-smrti : the laws of Manu ; with the Bhasya of Medhathiti / transl. by Ganganatha Jha. - Calcutta : University of Calcutta. -- Notes. -- Part III: Comparative. --1926.  -- z. St.]

5. Besonders behüten muss man Frauen vor auch geringfügigen Gelegenheiten. Unbehütet würden sie Kummer in zwei Familien bringen.

Medhâtithi z. St.:

"'Attachment'

  • association, with a woman of unknown character,
  • ne who is in the habit of standing at the doorway, looking at, gaily drossed young men passing by,
  • and so forth.

The meaning is that they should be guarded against temptations."

[Übersetzung: Manu: Manu-smrti : the laws of Manu ; with the Bhasya of Medhathiti / transl. by Ganganatha Jha. - Calcutta : University of Calcutta. -- Vol. V. --1926.  -- z. St.]

Parallelstellen zu 5-7:

Mahabharata (3. 12. 68).—

Harita (Vivadaratnakara, p. 410).—' One must guard one's wife against sensual contact, as the ruin of the wife involves the ruin of the family ; the ruin of the family involves the ruin of the line ; the ruin of the line involves the ruin of all offerings to gods and Pitrs ; the ruin of offerings involves the ruin of Dharma ; the ruin of Dharma leads to the ruin of the soul ; and the ruin of the soul means the loss of all things.'

Paithinashi (Do., p. 411).—' For these reasons, one must guard one's wife ; lest there be a confusion of castes.'

Brhaspati (24-2),—(See under 2.)

[Manu: Manu-smrti : the laws of Manu ; with the Bhasya of Medhathiti / transl. by Ganganatha Jha. - Calcutta : University of Calcutta. -- Notes. -- Part III: Comparative. --1926.  -- z. St.]

6. Dies als höchste Aufgabe aller Stände sehend, bemühen sich auch schwache Gatten, ihre Gattinnen zu behüten.

7. Wer seine Frau sorgsam behütet, behütet nämlich seine Nachkommenschaft, seinen Lebenswandel, seine Familie, sich selbst und seine religiöse Pflicht.

Medhâtithi z. St.:

"The wife has to be protected, not only because the scriptures prescribe it as a duty; but also because it serves many useful purposes, such as the following.

'Offspring'—Progeny, in the shape of sons and daughters. The 'preservation' of this means that one's progeny is kept pure, free from the amalgam of castes.

'Character'—cultured habits.

'Family' —described above. If a single woman of a family loses her chastity, the ill-fame attaches to the whole family, the idea, among the people being that ' the women .of such and such a family, are not chaste'.

Or, the meaning may be that the said guarding is necessary in view of the fact that, if the purity of the progeny were not secured, there would be no proper fulfilment of the after-death rites performed in honour of one's ancestors.

' His own self'—It is well known that men are often murdered by their wife's paramours, or poisoned by their wives.

'His religion'—An unchaste woman not being entitled to being associated in the performance of religious rites.

For these reasons, if a man guards his wife, ho preserves all these."

[Übersetzung: Manu: Manu-smrti : the laws of Manu ; with the Bhasya of Medhathiti / transl. by Ganganatha Jha. - Calcutta : University of Calcutta. -- Vol. V. --1926.  -- z. St.]

"' Kulam '—t Ancestors who can obtain offerings only from legitimate descendants ' (Meddhâtithi, Govindarâja and Kullûka);—' relatives, who are dishonoured by ladies of the family misbehaving ' (Medhâtithi, alternatively, and Râghavânanda);—' position of the family ' (Nârâyana) ;—' property' (Râghavânanda).

' Âtmânam '—' Himself,' ' as only legitimate children can offer Shrâddhas' (Govindarâja, Kullûka and Râghavânanda);—'because an adultress and her paramour may attempt his life' (Medhâtithi).

' Dharmam '—' Tending of the sacred fires, to which the husband of an adultress is not entitledy'  (Govindarâja, Kullûka and Râghavânanda) ;—' the duties of the Householder ' (Nârâyana).

[Manu: Manu-smrti : the laws of Manu ; with the Bhasya of Medhathiti / transl. by Ganganatha Jha. - Calcutta : University of Calcutta. -- Notes. -- Part II: Explanatory. --1924.  -- z. St.]

8. Der Gatte tritt in seine Gattin ein, wird zum Embryo und wird dann auf dieser Welt geboren. Es ist das Frausein der Frau (jâyâ), dass ihr Mann von ihr wiedergeboren wird.

Vgl. Aitareya-Brâhmana /.13.8.

Medhâtithi z. St.:

"This is a purely declamatory passage. As a matter of fact, the husband is never found to enter the womb of his wife; and it is the entrance of the semen, the very essence of his body, into the wife's womb, which is figuratively called his own 'entering'. The Mantra also says—'You are my own self, called by the name of son'.

The real basis of the denotation of the term ' wife', jâyâ is that the husband is re-born of her.

The application of the name 'jâyâ' 'wife' being based upon the fact of the woman  giving birth to the child, she comes to be spoken of as the 'wife' of her paramour also."

[Übersetzung: Manu: Manu-smrti : the laws of Manu ; with the Bhasya of Medhathiti / transl. by Ganganatha Jha. - Calcutta : University of Calcutta. -- Vol. V. --1926.  -- z. St.]

Paralellstellen:

Yainavalkya (1. 56).—' One's own self is born in one's wife (as the son),'

[Manu: Manu-smrti : the laws of Manu ; with the Bhasya of Medhathiti / transl. by Ganganatha Jha. - Calcutta : University of Calcutta. -- Notes. -- Part III: Comparative. --1926.  -- z. St.]

9. Wie der Mann ist, den die Frau liebt, so ist Sohn, den sie gebiert. Deshalb soll man um der Reinheit der Nachkommenschaft willen seine Frau sorgsam behüten.

Medhâtithi z. St.:

"The present text proceeds to explain what lias been said in verse 7.

One should not entertain the idea that what is meant is

  • either (1) 'that the woman brings forth a child of the same caste as that of the other man to whom she clings',
  • or (2) that 'the child born resembles that mani in his qualities'; because the child born of a Shûdra is a ' candâla' and so forth.

Even in the ease of the parties belonging to the same caste, the caste of the child is not the same as that of the father; since it has been declared that 'the child should be born of a woman of untouched womb'.

If again, the child were to resemble the father in qualities, it would mean that the text permits the woman whose husband is poor and of bad character to have recourse to another man possessed of better qualities.

If, on the other hand, the text is taken as purely declamatory, the sense of the assertion, 'as the man so the child' comes to be that 'the child born is not endowed with the qualities of the family'."

[Übersetzung: Manu: Manu-smrti : the laws of Manu ; with the Bhasya of Medhathiti / transl. by Ganganatha Jha. - Calcutta : University of Calcutta. -- Vol. V. --1926.  -- z. St.]

Parallelstellen:

Yajnavalkya (I. 81).—'It has been ordained that women should be protected.'

Shankha-Likhita (Vivadaratnakara, p. 414),—' The woman brings forth a son partaking of the character of that man on whom she has her affections fixed during her period.'

[Manu: Manu-smrti : the laws of Manu ; with the Bhasya of Medhathiti / transl. by Ganganatha Jha. - Calcutta : University of Calcutta. -- Notes. -- Part III: Comparative. --1926.  -- z. St.]

10. Niemand ist fähig, Frauen mit Gewalt zu behüten; aber durch die Anwendung von Mitteln kann man sie behüten.

Medhâtithi z. St.:

"This verse serves to eulogise the expedients going to be described.

'Forcibly'—by shutting them up by force in a harem or by banishing other men, and so forth—they cannot be guarded.

But they can be guarded by the employment of expedients;—i. e., by employing, making use of, these 'expedients', means."

[Übersetzung: Manu: Manu-smrti : the laws of Manu ; with the Bhasya of Medhathiti / transl. by Ganganatha Jha. - Calcutta : University of Calcutta. -- Vol. V. --1926.  -- z. St.]

11. Man stelle die Frauen an

Medhâtithi z. St.:

"'Wealth'—riches.

'Accumulation'—Counting and storing in the house; tying up with ropes etc.., and keeping in a safe place, dealing them and so forth.

'Disbursement'—Expenditure of the wealth : so much for rice, so much for curry, so much for vegetables, and so forth.

'Cleanliness'—Cleaning of utensils and ladles and washing the floor etc., etc.

'Religious acts'—rinsing the mouth, offering oblations of water and other things, and the worshipping of deities with flowers and offerings, in the women's apartments.

'Taking care of the household furniture'—Such as stools and couches.

In all this the husband shall employ his wife."

[Übersetzung: Manu: Manu-smrti : the laws of Manu ; with the Bhasya of Medhathiti / transl. by Ganganatha Jha. - Calcutta : University of Calcutta. -- Vol. V. --1926.  -- z. St.]

Parallelstellen:

Shukraniti (4. 4. 12-32).—'She should get up before her husband and purify her body, then raise the beddings and clean the house by sweeping and washing.....should then cleanse the vessels used in sacrifices and keep them at the proper places ; empty out the vessels and fill them with water ; should wash the cooking utensils, cleanse the hearth and place therein fire with fuel ;—should scrutinise the vessels to be used and the various articles of food......She should then dress and cook the food, inform her husband and feed those who have to be fed with the offerings made to gods and Pitrs;—again in the evening, as in the morning, she should clean the house, cook the food and feed her husband and the servants.'

Brhaspati (24. 4).—' Employing the woman in looking after income and expenditure, in the preparation of food, in looking after household furniture, in purifications and in the care of the fires, is declared to be the best way of guarding her.'

Yajnavalkya (1. 83).—' Keeping the household articles in order, expert in work, happy, averse to expensive ways, devoted to her husband, she shall bow to the feet of her parents-in-law.'

Visnu (25. 1 et seq.).—' The duties of a woman are to keep household articles in good array, to maintain saving habits, to be careful with her domestic utensils.'

[Manu: Manu-smrti : the laws of Manu ; with the Bhasya of Medhathiti / transl. by Ganganatha Jha. - Calcutta : University of Calcutta. -- Notes. -- Part III: Comparative. --1926.  -- z. St.]

12. Nicht behütet sind Frauen, die im Haus eingesperrt sind von zuverlässigen Dienern. Frauen aber, die sich selbst behüten, sind wohlbehütet.

Medhâtithi z. St.:

"'Trusted servants'—Tliose who would act in the right manner at the right moment; i. e., persons ever on the alert; and hence considered fit for being employed in the harem, as chamberlains.

Women who are 'confined '—not allowed to go about freely—in the house under such men, are not really well-guarded ; but those are 'who guard themselves by themselves.'

And how are they to guard themselves?

Just when they are employed as above.

This verse is meant to be a praise of the method laid down in the preceding verse, and it does not exclude other methods."

[Übersetzung: Manu: Manu-smrti : the laws of Manu ; with the Bhasya of Medhathiti / transl. by Ganganatha Jha. - Calcutta : University of Calcutta. -- Vol. V. --1926.  -- z. St.]

13. Die sechs Verderbnisse der Frau sind:

Medhâtithi z. St.:

"'Rambling'—in the market place, for purchasing vegetables etc, and also in temples and such places.

' Residence in other's houses'—Living for several days in the houses of relatives.

'Corrupters of women'—These contaminate the minds of women, and they come to lose all fear of their father-in-law and others, as also all regard for public opinion."

[Übersetzung: Manu: Manu-smrti : the laws of Manu ; with the Bhasya of Medhathiti / transl. by Ganganatha Jha. - Calcutta : University of Calcutta. -- Vol. V. --1926.  -- z. St.]

Parallelstellen:

Shukraniti (3. 30-5.3).—'Living with other men, speaking with them even in public and freedom even for a moment, should not be granted to women, by their husband, father, King, son, father-in-law and other relatives ; nor time for anything besides domestic duties.'

Shukraniti (4. 4. 40-42).—' The good wife should give up words that indicate senselessness, lunacy, anger, or envy ; also the contemptible vices of meanness, jealousy, excessive attachment to worldly things, vanity and boastfulness, ungodliness, adventurousness and thieving.'

Brhaspati (24. 5, 7).—' Let not a woman reside in another man's house separated from her father, husband or sons ; by giving way to malicious propensities, she is sure to lose her reputation. Drinking wine, roaming about, sleeping during the day, and neglect of daily duties are the faults disgracing a woman.'

Visnu (25. 3, 9,10-12).—' To show reverence to her mother-in-law, father-in-law, elders, divinities and to guests ; not to decorate herself with ornaments while her husband is absent from home ; not to resort to the houses of others ; not to stand at the door or at windows ; not to act by herself in any matter.'

Shankha (Apararka, p. 108).—' Without permission, she should not go out of the house ; nor without an upper garment ; she should not walk very fast ; nor converse with men, except with traders, renunciates, the aged and physicians; she should not expose her navel ; she should wear clothes hanging down to the ankles ; should never uncover her breasts; should never laugh without covering her face ; should never bear ill-will towards her husband or his relations ; should never sit with a prostitute or other such bad women ; as one's character becomes besmirched by associating with bad characters.'

Vyasa (Do., p. 108).—'Sitting at the door, peeping out of the window, improper conversation and laughing go to disgrace women of noble families.'

Harita (Vivadaratnakara, p. 432).—'She should avoid looking at and conversing with other men and associating with wicked ascetics and others; should never go to the house of strangers, to the public road or road-crossings or lanes, or to the abode of ascetics ; should avoid standing on the path to the wells and roaming in the morning and in the evening ; she should never think of using tho bed, seat, clothes and ornaments belonging to others, until they have been cleansed and repaired, etc., etc., etc.'

[Manu: Manu-smrti : the laws of Manu ; with the Bhasya of Medhathiti / transl. by Ganganatha Jha. - Calcutta : University of Calcutta. -- Notes. -- Part III: Comparative. --1926.  -- z. St.]

14. Nicht schauen Frauen auf Schönheit, nicht achten sie auf das Alter, sie verzehren sowohl einen Schönen wie einen Hässlichen. Hauptsache, es ist ein Mann.

Medhâtithi z. St.:

"The husband should not labour under the vain hope— 'I am well favoured, handsome and young, how can my wife desire any other man, having me?';—because women do not take into consideration the fact of a man being 'handsome' or ' brave'; simply because he happens to be a male, they have recourse to him."

[Übersetzung: Manu: Manu-smrti : the laws of Manu ; with the Bhasya of Medhathiti / transl. by Ganganatha Jha. - Calcutta : University of Calcutta. -- Vol. V. --1926.  -- z. St.]

Parallelstellen zu 14 - 16:

Daksa (Vivadaratnakara, p. 143).— 'Women are like the leech ; but while the poor leech draws blood only, the woman draws your riches, your property, your flesh, your virility and your strength. During adolescence, she is in fear of the man, during youth, she demands excessive pleasure, and when her husband becomes old, she does not care a straw for him.'

Ramayana (Vivadaratnakara, p. 414).—'For women there is no one loved or hated ; they betake themselves to all men; just as creepers growing in a thick forest hang themselves on all trees.'

[Manu: Manu-smrti : the laws of Manu ; with the Bhasya of Medhathiti / transl. by Ganganatha Jha. - Calcutta : University of Calcutta. -- Notes. -- Part III: Comparative. --1926.  -- z. St.]

15.  Auch wenn sie sorgsam behütet werden, sind Frauen gegenüber ihren Gatten untreu, denn sie sind mannstoll, flatterhaft, lieblos, ihre Natur ist so.

Medhâtithi z. St.:

"'Passion for males'—At the sight of any and every man, women lose their firmness of mind and there arises in their minds an extreme desire for meeting him somehow or other, followed by a liquid exudation; this is what is called 'passion for males.

'Ficklemindedness'—The mind not being steady, even when applied to religious and other acts. It is through this that the object of hatred becomes the object of love and persons who have been looked upon as brothers and sons come to be looked upon as lovers.

' Tenderness'  is love, longing, towards the husband, the son and other relations. Women are without such feelings.

On account of these defects, they 'injure their husbands'—become disloyal towards them.

For this reason—

[Übersetzung: Manu: Manu-smrti : the laws of Manu ; with the Bhasya of Medhathiti / transl. by Ganganatha Jha. - Calcutta : University of Calcutta. -- Vol. V. --1926.  -- z. St.]

16. Wenn ein Mann  das Wesen der Frau so erkannt hat, das ihr der Schöpfer bei der Schöpfung gegeben hat, soll er äußerste Sorgsamkeit aufwenden, um sie zu behüten.

Medhâtithi z. St.:

"'Lord', 'Prajâpati' is Hiranyagarbha; the disposition was born with them at the time of creation of the world by him.

The rest is clear."

[Übersetzung: Manu: Manu-smrti : the laws of Manu ; with the Bhasya of Medhathiti / transl. by Ganganatha Jha. - Calcutta : University of Calcutta. -- Vol. V. --1926.  -- z. St.]

17. Manu teilte den Frauen zu

Medhâtithi z. St.:

"'Sleeping'—Proneness to too much sleep.

'Sitting'—Indolence, want of energy.

'Ornament'—Bodily adornment.

'Lust'—Desire for carnal association with men.

'Anger'—Hatred.

'Dishonesty'—Consisting in hating those who love, loving those who hate, concealing one's real feelings, immorality.

'Malice'—Maliciousness. 'Drogdhr ' is derived from the root ' druh' and the affix ' trch' and it is then compounded with 'bhâvam'.

'Bad conduct'—Association with wicked people.

Such was the nature allotted to women . by Mann, at the beginning of creation ; the sense is that just as the characters here set forth cannot be eradicated, so bad conduct also cannot be dissociated from women."

[Übersetzung: Manu: Manu-smrti : the laws of Manu ; with the Bhasya of Medhathiti / transl. by Ganganatha Jha. - Calcutta : University of Calcutta. -- Vol. V. --1926.  -- z. St.]

Parallelstellen:

Mahabharata (13. 40.12-13).—'Bed, seat, ornament, food, drink, meanness, harshness of speech, and love,—these Prajapati gave to women.'

[Manu: Manu-smrti : the laws of Manu ; with the Bhasya of Medhathiti / transl. by Ganganatha Jha. - Calcutta : University of Calcutta. -- Notes. -- Part III: Comparative. --1926.  -- z. St.]

18. Frauen haben keine Zeremonie mit vedischen Sprüchen, so bestimmt das Recht. Frauen sind ohne Kraft, ohne vedische Sprüche, für Frauen bleibt nur die Unwahrheit, das ist ihre Bestimmung.

Medhâtithi z. St.:

"Some people entertain the following notion;—"Even though woman may misbehave, she may, with the help of Vedic texts, perform some rites in the shape of secret Expiatory Rites and thus become pure; so that there cannot be much harm in her misbehaving"

But this is not true; because 'for women there is no dealing with sacred texts'; so that there can be no repeating of the texts; which, with the help of her own learning, she might do whenever she transgressed and thereby regain her purity. For this reason also they should be carefully guarded;—this is the injunction to which the statement in the present verse is a declamatory supplement.

Some people have held that the present verse contains the absolute prohibition of the use of sacred texts in connection with all kinds of rites for women; and holding this opinion, they declare that whatever rites may be performed, by whomsoever, for the sake of women,—that is,

  1. in rites where women figure as the performers, as in the making of offering, or
  2. those where they figure as the object to be sanctified, as in the tonsure-ceremony, or
  3. in those where they figure as recipients, as in shrâddhas offered to them,

at all these the use of sacred texts being forbidden, by the present text, no such texts should be used at the shrâddhas offered to women.

But these people say what is not reasonable; because the present text refers to a totally different matter, and is a purely hortatory supplement, And it still remains to be explained what there is in the text to indicate either injunction or prohibition regarding such rites as the Tonsure and the like.

As for the inability of women to recite the expiatory texts, this follows from the fact of their not learning the Vedas.

'Destitute of Organs'—' Organ' here stands for, courage,. patience, intelligence, energy and so forth are absent in women; that is why they are prone to become over-powered by sinful propensities. Hence it is that they have to be carefully guarded.

'Women are false';—on account of the inconstancy of their character and affections, they are deprecated as being 'false'."

[Übersetzung: Manu: Manu-smrti : the laws of Manu ; with the Bhasya of Medhathiti / transl. by Ganganatha Jha. - Calcutta : University of Calcutta. -- Vol. V. --1926.  -- z. St.]

Parallelstellen:

[See Manu II..66.]

Mahabharata (13.40.11-12).—(Same as Manu, but reading ' Kashcit' for 'mantraih,' and 'ashâstrâh' for ' amantrâh.')

Bodhdayana (1.11.7).—' Women are considered to have no business with the sacred texts.'

Bodhdayana (2,3.56).—'The Veda declares that women are considered to be destitute of strength and portion.'

Shukraniti (4.4,9«10).—'The woman and the Shudra shall never recite mantras.'

[Manu: Manu-smrti : the laws of Manu ; with the Bhasya of Medhathiti / transl. by Ganganatha Jha. - Calcutta : University of Calcutta. -- Notes. -- Part III: Comparative. --1926.  -- z. St.]

19. So sind auch in den Veden viele heiligen Texte gesungen, um die Eigenart der Frauen zu durchschauen. Höre nun von diesen Texten die, die der Reinigung dienen.

Medhâtithi z. St.:

T"he author now puts forward, in support of the assertion that ' by their nature women are impure in their hearts', Vedic texts and declamatory passages.

[The author says]I have declared that 'women are false' ; and this same fact is asserted in the texts of the Vedas also.

The term 'nigama' is synonymous with 'veda' and is found to be used as such. The term 'nigama' is also found to be used as a name for that subsidiary science which explains the meaning of vedic texts,—i.e. in such statements as 'Nigama Nirukta and Vyâkarana are the subsidiary sciences.'

In the Nirukta, also is found the expression— 'These are nigamas'; and the term 'nigama' here cannot be taken as standing for anything else but  Vedic texts', as is clear from the examples cited. Thus it is only right that in the present text the term ' nigama' should be taken as standing for the Veda.

The texts are spoken of as 'in the Veda', which presupposes the relation of constainer and contained, on the understanding that there is some sort of difference between the whole and its parts.

In the Nigama, Veda, there are 'texts', sentences, forming part of it, which are 'sung'—recited, repeated, read there. In fact no limitation of time (part,, present or future) is applicable to the case of the Veda, which is ever present.

' Nigadâh' is another reading for ' nigiîtâ' In this case 'nigada' would mean the mantra-texts; and the term 'shruti' would mean the Brâhmana texts; and the meaning would be that 'this fact that women are false is stated in both Mantra and Brâhmana texts.'

In this latter reading the construction would be— 'bahvyah santi' 'there are many such texts',—the verb 'santi' 'are', being added.

From among these texts listen to those that are meant to be 'expiatory' of the sin of unchastity.

"Why are the said texts put forth?"

'For the purpose of indicating the true character of women' True character means the permanent feature of their nature, and the texts are meant to expose this. ' Character' means disposition; and the disposition meant here is proneness to unchastity."

[Übersetzung: Manu: Manu-smrti : the laws of Manu ; with the Bhasya of Medhathiti / transl. by Ganganatha Jha. - Calcutta : University of Calcutta. -- Vol. V. --1926.  -- z. St.]

"This verse is quoted in the Vîramitrodaya (Vyavahâra 158b), which has the following notes:Shrutaya Vedic texts,—nigameshu,'in the Vedas,—'listen to those rites that are referred to in the Vedas as expiatory of the misbehaviour of women,—and these will give you an idea of the character of women.'"

[Manu: Manu-smrti : the laws of Manu ; with the Bhasya of Medhathiti / transl. by Ganganatha Jha. - Calcutta : University of Calcutta. -- Notes. -- Part II: Explanatory. --1924.  -- z. St.]

Parallelstellen zu 19 - 20:

The same Vedic text is referred to and prescribed for reciting—in Shankhayana-Yama-Grhyasutra (3.13,5), and also in Apastamba-Shrauta-Sutra (1.9.9).

[Manu: Manu-smrti : the laws of Manu ; with the Bhasya of Medhathiti / transl. by Ganganatha Jha. - Calcutta : University of Calcutta. -- Notes. -- Part III: Comparative. --1926.  -- z. St.]

20. Ein Beispiel dafür: »Wenn meine Mutter, ihrem Mann untreu herumstreunend, begierig gewesen ist, dann soll mein Vater diesen Samen von mir abwenden.«

= Shânkhâyana-Grhyasutra 3.13.5 (leicht abgewandelt): dort muss der Vers von einem unehelichen Sohn gesprochen werden; Âpastamba-Shrautasûtra 1.99: dort muss der Vers bei jedem Opfer gesprochen werden

Medhâtithi z. St.:

"The particle 'iti' at the end of the third quarter of the verse indicates that up to that point we have the part of an original Vedic text.

'If my mother, unfaithful unto her lord'—she who observes the vow 'may I never, even in my rnind, conceive love for any man other than my husband' is called 'faithful unto her lord'; the opposite of that is 'unfaithful unto her lord':—'roaming about'—in the houses of other 'people,—seeing a gaily dressd person— 'became enamoured'—conceived a desire for that other man;—'that'—impurity or evil in my birth, 'may the semen of my father remove'; i. e., may that impurity be washed off by that semen. The nominative ending in 'pitâ' has the force of the genetive.

Or the semen itself may be taken in apposition to the 'father'; which it can be without having its gender altered; just as we have in other phrases: 'dyaurme pitâ', 'the heaven, my father'. (where 'dyauh' in the feminine, is in apposition to 'father').

Or 'semen' may be taken as standing for the mother's seed; and in that case the meaning would be—'may my father purify that seed of my mother'; i.e., may the impurity of the mother's seed be removed by the force of the father's seed.

'This is an example'—instance—'of this'—i. e. of the proneness of women to unchastity.

All men when reciting sacred texts recite the one here quoted; and the reciting of such a text by all men would be justified only if all women were prone to unchastity;otherwise, if only some were so, the use of the text would not be universal.

The text here quoted has been prescribed as to be recited during the 'Câturmâsya' sacrifice, as also at shrâddhas, during the 'Padyânumantrana' rite."

[Übersetzung: Manu: Manu-smrti : the laws of Manu ; with the Bhasya of Medhathiti / transl. by Ganganatha Jha. - Calcutta : University of Calcutta. -- Vol. V. --1926.  -- z. St.]

21. Wann immer eine Frau in ihrem Herzen etwas für ihren Ehemann Unangenehmes denkt, dann wird dieser Text als rechte Tilgung des Abweichens vom rechten Weg genannt.

Medhâtithi z. St.:

"'Panigrâha' is husband;—of him 'whatever illdisagreeable, in the form contact with other men—'she'— the woman—'thinks of'—of that mental transgression, the 'expiation'—purification—is expressed by the aforesaid text, if used in the right manner at the proper rite.

By the way the author has indicated the use of the particular text. Even though the use of such texts lies in forming part of the ritual, yet what is meant is that when the particular text is laid down as to be recited, it serves the purpose of expiating the sin of transgression."

[Übersetzung: Manu: Manu-smrti : the laws of Manu ; with the Bhasya of Medhathiti / transl. by Ganganatha Jha. - Calcutta : University of Calcutta. -- Vol. V. --1926.  -- z. St.]

22. Wenn eine Frau mit einem Mann von bestimmten Eigenschaften vorschriftsgemäß verbunden ist, solche Eigenschaften nimmt sie an so wie ein Fluss durch das Meer.

Medhâtithi z. St.:

"If a man wishes to guard his wife, he should guard himself also against evil habits; and it is not the woman that should preserve her chastity. Since if the man has a. bad character, his wife also becomes the same; just as the wife of a man possessed of good character becomes good. For instance the river, though herself sweet-watered, hecomes saline like the Ocean, when she joins this latter."

[Übersetzung: Manu: Manu-smrti : the laws of Manu ; with the Bhasya of Medhathiti / transl. by Ganganatha Jha. - Calcutta : University of Calcutta. -- Vol. V. --1926.  -- z. St.]

23. Verehrenswürdig wurde Akshamâlâ, die von niedrigster Geburt war, durch die Verbindung mit Vasishtha, und das Vogelweibchen durch die Verbindung mit Mandapâla.

Akshamâlâ = Arundhatî

Vgl. Mahâbhârata 1.224.25ff.

"Mandapâla said:

Apart from another man, nothing in the world is so fatal to women as rivalry with another wife! For even the faithful and good Arundhatî, famous in all the worlds, distrusted Vasistha, the eminent seer. He was always completely pure-hearted and devoted to her happiness and well-being, yet she despised that hermit among the Seven Seers. Because of this contempt she is now a tiny star like a red ember overlaid by smoke, not very lovely, sometimes visible sometimes not, which appears like a bad omen. "

[Quelle: The Mahabharata / translated and ed. by J. A. B. van Buitenen. -- Chicago : Univ. of Chicago Pr. -- Band 1:  The book of the beginning. -- 1973. -- XLIV, 492 S. -- ISBN 0-226-84648-2. -- S. 430.]

Abb.: Vasistha (Stern Mizar) und Arundhati (Stern Alcor) im Sternbild des Großen Bären (Sapta rishi)

[Bildquelle: http://www.indianest.com/astro/00305.htm. -- Zugriff am 2003-12-09]

"Akshamâlâ ('Wearing a Rosary'), better known as Arundhatî, married the great priestly sage Vasistha and became the paragon of wifely fidelity, though she suspected him, insulted him, abandoned him, and was cursed therefore to become a small, ugly, hardly visible star of evil omen (Mahabharata 1.224.27-9). The Purânas and Epics without exception give her a pure priestly lineage as the daughter of Kardama, the grandson of Brahma himself, and Devahuti, the daughter of Manu son of the Self-existent. But here Manu and the commentators (who state that she was of the lowest caste, even a 'Fierce' Untouchable [candâlî]) say that she was lowborn, in order to make the point that even a wife of a low caste (or species) may be raised up by her priestly husband. ...

Thus both of these tales of upward female mobility have unhappy endings."

[Quelle: Manu: The laws of Manu / with an introd. and notes transl. by Wendy Doniger with Brian K. Smith - 1. publ.. - London : Penguin Books, 1991. - LXXVIII, 362 S. -- (Penguin classics). -- ISBN 0-14-044540-4. -- z. St.]

Die Geschichte von Mandapâla und dem Vogelweibchen steht in Mahâbhârata I (19), 220f.

"Vaishampâyana said:

I shall tell you the entire true story, Bhârata, why at that pass the Fire failed to burn the Shârngakas.

There was a great seer of strict vows, foremost of those wise in the Law, a learned ascetic renowned as Mandapâla. He followed the path of the seers, who held up their seed, king, studying the Veda, devoted to the Law, austere and master of his senses. He went to the farthest shore of asceticism, and after he had abandoned his body, O Bhârata, he attained to the world of the ancestors. Yet he failed to find the fruits of his acts there. Finding his worlds without reward, although he had won them with his asceticism, he questioned the celestials who sat around the King of the Law. "Why," he asked, "are these worlds that I won with my austerities closed to me ? Where did I fail that this should be the result of my acts ? I shall perform the deeds but for which the reward of my austerities is closed to me. Tell me, celestials!"

The Gods said:

Listen, brahmin, to what acts men are born indebted: to rites, to the study of the Veda, and to offspring, misdoubt it not. One acquits oneself of all these with sacrifice, austerity, and sons. You are an ascetic and a sacrificer, but you have no offspring; these worlds are closed to you because of this matter of offspring. Beget, and you shall enjoy the worlds of eternity. A son saves his father from the hell called Put, hermit. Therefore, best of brahmins, strive for the continuity of children!

Vaishampâyana said:

Hearing the words of the celestials, Mandapâla worried: "Now where do I get children, many of them, and fast?" As he worried it occurred to him that birds had many young. So he became a Shârngaka bird and coupled with a female named Jaritâ. On her he begot four sons who were wise in the Veda, deserted them on the spot, and ran after Lapitâ—the hermit deserted his tiny sons, who were still in their eggs, and their mother in the forest.
When this lordly man had gone to Lapitâ, O Bhârata, Jaritâ, who was greatly disturbed on account of her love for her children, worried much. Because of her love, wretched Jaritâ could not desert in the Khândava her little seer sons still in their eggs, deserted as they were by their father, however little they deserved it, king. Anxious with love, she supported them in her own way when they had been hatched. Later, Mandapâla the seer saw the Fire arrive to burn the Khândava while he was running around in the forest with Lapitâ. Knowing Fire's design and aware that his own sons were little, the brahmin seer voiced praise of the august Fire God, Guardian of the World, out of fear and in order to protect his sons. ..."

[Quelle: The Mahabharata / translated and ed. by J. A. B. van Buitenen. -- Chicago : Univ. of Chicago Pr. -- Band 1:  The book of the beginning. -- 1973. -- XLIV, 492 S. -- ISBN 0-226-84648-2. -- S. 423f.]

24. Diese und andere Frauen von niedriger Geburt haben in dieser Welt eine hohe Stellung erreicht durch die hervorragenden Eigenschaften ihrer jeweiligen Gatten.

Medhatithi z. St. nennt als Beispiele solcher anderer Frauen: Gangâ und Kâlî


2. Pflichten gegenüber den Kindern


25. Damit ist der immer gute Weg von Mann und Frau in der Welt verkündet. Lernt nun die Sitten und Gesetze bezüglich der Kinder, welche (Sitten und Gesetze) nach dem Tode und in diesem Leben Glück bewirken.

Medhâtithi z. St.:

"'Common practice'—ordinary usage; what has been stated here is the 'common practice' obtaining in the world ; and when it is said that 'women are to be guarded in such and such a, manner, and not otherwise.', or ' if women are not guarded, the progeny becomes defiled,'—it is not by way of injunction.

'Now listen to the laws relating to children';—i.e., to whom does the child belong ?—to the owner of the seed, or to the owner of the field ?

' Udarka ' stands for 'futurity'; and that whose future is happy' is called ' sukhodarka', conducive to happiness. The praise is that while all things perish in the end, these do not perish."

[Übersetzung: Manu: Manu-smrti : the laws of Manu ; with the Bhasya of Medhathiti / transl. by Ganganatha Jha. - Calcutta : University of Calcutta. -- Vol. V. --1926.  -- z. St.]

26. Es gibt keinerlei Unterschied zwischen Glücksgöttinnen  in den Häusern und Frauen, die


Abb.: Goddess of Fortune : CD-Cover / von Vald Holst [Bildquelle: http://www.tattva.com/vladi/graphics/design/cd-god-front.html. -- Zugriff am 2003-12-14]

Medhâtithi z. St.:

"Question.—"In what way is the duty towards children conducive to happiness, since children are dependent upon the man himself, and women, being beset with many defects, deserve to be abandoned? And who is there who would be willing to maintain all these in his house?"

It is with a view to set aside such notions that we have the present verse.

In as much as the defects of women are capable of rectification, they are ' worthy of worship '. When the above-mentioned verses dilated upon the defects of women, it was not with a view to discredit them, or to make people avoid them; it was done with this view that they may be guarded against evil. Simply because there are beggars, people do not give up cooking their food; or because there are deer to graze them, people do not desist from sowing seeds.

'Bearing children'—stands for the whole series of acts beginning with conception and ending with fostering and bringing them up: as is going to be said below (27)—'Begetting of children and nourishing of those that are born'.

They are like effulgence in their home. It is well-known that there is no comfort at home, in the absence of the wife. Even when there is plenty of wealth, if the wife is absent, the household is not able to attend to the feeding and other needs of friends and relatives that may happen to come in as guests. In fact, they are as powerless as poor men.

For this reason there is no difference between the Goddess of Fortune and women in their homes."

[Übersetzung: Manu: Manu-smrti : the laws of Manu ; with the Bhasya of Medhathiti / transl. by Ganganatha Jha. - Calcutta : University of Calcutta. -- Vol. V. --1926.  -- z. St.]

Parallelstellen zu 26 - 27:

Mahabharata (13.40.11).—'One who desires his own prosperity should always honour women ; O Bharata, when the woman is loved and also held in restraint, she becomes the Goddess of Prosperity herself.'

[Manu: Manu-smrti : the laws of Manu ; with the Bhasya of Medhathiti / transl. by Ganganatha Jha. - Calcutta : University of Calcutta. -- Notes. -- Part III: Comparative. --1926.  -- z. St.]

27.  Die Frau ist offenkundig die Ursache

Medhâtithi z. St.:

"'The woman is the mainspring'—the prime cause of the begetting of children and the rest.

That this is so is quite 'clear.'

'Ordinary life of the world'—such as offering food to guests that have arrived, welcoming and inviting others, and so forth.

'Of each of these things '—the woman is the mainspring.

Another reading for ' pratyartham' (' of each of these') is 'pratyaham' (daily)

The term 'clearly' implies importance, the sense being that the woman is the prime cause."

[Übersetzung: Manu: Manu-smrti : the laws of Manu ; with the Bhasya of Medhathiti / transl. by Ganganatha Jha. - Calcutta : University of Calcutta. -- Vol. V. --1926.  -- z. St.]

28. Abhängig von der Frau sind

29. Sie, die sich gegenüber dem Gatten nicht vergeht, die ihre Gedanken, Worte und ihren Leib  zügelt, erreicht die Welten ihres Gatten. Sie wird von den Guten eine Gute genannt.

Identisch mit Manu V, 164

30. Wenn sich aber eine Frau gegenüber ihrem Gatten verfehlt, dann wird sie in der Welt tadelnswert, wird als Schakal wiedergeboren und wird von bösen Krankheiten gequält.


Abb.: Schakal (Canis aureus), Indien [Bildquelle: http://armyos.tripod.com/DIARy_BLACK_EAGLE.htm. -- Zugriff am 2003-12-14]

Identisch mit Manu V, 163

Parallelstellen:

[See above, 5.164.]

Vashistha (21.14).—'Faithful wives who are ever pure and truthful reside after death in the same regions with their husbands; those that are unfaithful are born as jackals.'

[Manu: Manu-smrti : the laws of Manu ; with the Bhasya of Medhathiti / transl. by Ganganatha Jha. - Calcutta : University of Calcutta. -- Notes. -- Part III: Comparative. --1926.  -- z. St.]


3. Zu wem gehört das Kind?


31. Vernehmt die für alle Menschen gute und heilsame Darlegung bezüglich des Sohnes, die die Heiligen und die großen früheren vedischen Hörer verkündet haben.

Medhâtithi z. St.:

"'Disquisitions'—the setting forth of a matter for investigation; or a dissertation.—'Listen' to that,—' set forth'— put forward—'regarding the son'—with reference to the son,—'by the wise patriarchs and the great sages '

'Salutary to the world '—calculated to do good to the men.

'Propitious '—beneficial.

The subject of the 'laws relating to children' which was introduced in verse 25 has been interrupted by the few verses dealing with the greatness of women; hence it has been necessary to recall attention to the original subject-matter—'listen to the disquisition'."

[Übersetzung: Manu: Manu-smrti : the laws of Manu ; with the Bhasya of Medhathiti / transl. by Ganganatha Jha. - Calcutta : University of Calcutta. -- Vol. V. --1926.  -- z. St.]

Parallelstellen zu 31 - 44:

(See also under 48-56.)

Gautama (18. 9-14).—'The child belongs to one who begets it ; —except when an agreement to the contrary has been made. The child begotten on his wife at a living husband's request belongs to the husband ; but if begotten by a stranger, it belongs to the latter ;—or to both;—but if reared by the husband, it belongs to him.'

Apastamba (2.13.6-7).—' A Brahmana-text says that the son belongs to the begetter. They quote also the following verse from the Veda:—" Having considered myself formerly as a father, I shall not now allow any longer my wives to be approached by other men, since they have declared that a son belongs to the begetter in the world of Yama. The giver of the seed carries off the son after death, in Yama's world. Therefore they guard their wives, fearing the seed of strangers. Carefully watch over the procreation of your children, lest stranger-seed be sown on your soil. In the next world, the son belongs to the begetter; an imprudent husband makes the begetting of children futile for himself." '

Vasistha (17.6-9).—' There is a difference of opinion. Some say the son belongs to the husband of the mother, and others say he belongs to the begetter. With respect to this they quote verses on both sides, like the following:—"If one man's bull were to beget a hundred calves on another man's cows, they would belong to the owner of the cows; in vain would the bull have spent his strength." "Carefully watch the procreation of your offspring, lest strangers sow seed on your soil; in the next world, the son belongs to the begetter; by carelessness, a husband makes his offspring futile for himself." '

Vasistha (17.63-64).—'They declare that a son begotten on a widow who has not been duly authorised, belongs to the begetter ; if she was duly authorised, then the child belongs to both the males connected with the authorisation.'

See Manu 10. 72.

Shankha-Likhita (Vivadaratnakara, p. 414).—'The origin or soil is the most potent factor ; that is why castes become intermixed.'

Shankha-Likhita (p. 581).—' The declaration of the Veda is that the child belongs to the owner of the soil; some sages say that the child belongs to the mother ; the child is said to belong to two fathers.'

[Manu: Manu-smrti : the laws of Manu ; with the Bhasya of Medhathiti / transl. by Ganganatha Jha. - Calcutta : University of Calcutta. -- Notes. -- Part III: Comparative. --1926.  -- z. St.]

32. Sie betrachten den Sohn als dem Gatten gehörig. Bezüglich des Erzeugers aber gibt in der heiligen Überlieferung zwei Meinungen:

Medhâtithi z. St.:

"'Husband'—the marrier; the man with whom the woman has gone through the sacrament of marriage; and when a son is born from this husband in that women, 'they'—all learned men—'recognise'—accept—the son to be that man's. There is no difference of opinion on this point; it is an acknowledged principle.

' There is diversity of opinion however in regard to one who is the progenitor only'; in a case where the man is not one to whom the woman has been married, but only the begetter of the son in a soil belonging to. another man.

This diversity of opinion is next pointed out—' Some people declare the begetter' to be the person to whom the child belongs; while others declare 'the owner of the soil' to be so; i.e., the person whose wife the woman is, even though he be not the actual begetter.

Having thus propounded the doubt due to the difference of opinion among teachers, the author himself proceeds to justify the doubt."

[Übersetzung: Manu: Manu-smrti : the laws of Manu ; with the Bhasya of Medhathiti / transl. by Ganganatha Jha. - Calcutta : University of Calcutta. -- Vol. V. --1926.  -- z. St.]

33. Als Boden bezeichnet man traditionellerweise die Frau, als Samen den Mann. Durch Vereinigung von Samen und Boden entstehen alle Körperwesen.

Medhâtithi z. St.:

"'The woman' is as if it were 'the soil'. 'Soil' stands for that part of the Earth whore corns are grown ; and the woman is like that: Just as the seed sown and held in the soil sprouts up, so also the semen deposited in the woman.

'The man is like the seed'—Here also the term 'bhûta' denotes similitude. The man's semen is the 'seed', and not the man himself; but he is himself so called because the semen is contained in him.

' From the union '—contact, the relationship of container and contained—there is ' the production '—birth—'of all corporeal beings'—beings endowed with bodies; i.e. of the four kinds of living beings. In the case of sweat-born insects also, the âkâsha is the 'soil' and sweat the 'seed', and the ' union' of these is the relation of container and contained.

For the said reason it is only right that there should be the said doubt; as there can be no 'production' when .either of the two is absent; the function of both being necessary in the begetting of the child; and since there is nothing to indicate to which one of the two the child belongs, hence the doubt as to whether the child belongs to both or to either one of the two.

In fact, the whole of this subject relating to the relationship of the child and the person to whom the child belongs is one that is amenable to reasoning; as we shall show under the verse where the details are set forth."

[Übersetzung: Manu: Manu-smrti : the laws of Manu ; with the Bhasya of Medhathiti / transl. by Ganganatha Jha. - Calcutta : University of Calcutta. -- Vol. V. --1926.  -- z. St.]

34. An einem Ort ist der Same besser, anderswo aber der Mutterschoß. Wo aber beides gleich ist, dort preist man die Nachkommenschaft.

Medhâtithi z. St.:

"The prominence of the seed is seen in the case-of Vyâsa, Rshyasrnga and other great sages, (who, though born of low mothers, became high sages);—and that of the female womb in the case of Dhrtarâshtra and other 'ksetraja' sons, who, even though born of Brâhmana fathers, took the caste of their mothers.

'Where both are equal'—i.e. belonging to the same caste.

'The offspring is highly commended ;'—since in this case there is no dispute; this is what has been declared under 32 above, regarding people recognising the son as belonging to the father."

[Übersetzung: Manu: Manu-smrti : the laws of Manu ; with the Bhasya of Medhathiti / transl. by Ganganatha Jha. - Calcutta : University of Calcutta. -- Vol. V. --1926.  -- z. St.]

"Sometimes the seed and sometimes the womb prevails in determining the characteristics and status of the son.

Vyâsa and Rshyasrnga, great sages whose fathers were priests and whose grandmother and mother were a female fish and a female antelope, respectively, but who were regarded as the sons of the men who begot them, are cited by the commentators as examples of the prevalence of the seed;

Dhrtarâshtra, whom Vyâsa begot in the 'field' of Vicitravîrya but who was regarded as Vicitravîrya's son, is given as an example of the prevalence of the womb [niyoga, Levirat]. [siehe Mahâbhârata I.99f.]

(Mahâbhârata 1.57, 3.110, and 1.96-100.)"

[Quelle: Manu: The laws of Manu / with an introd. and notes transl. by Wendy Doniger with Brian K. Smith - 1. publ.. - London : Penguin Books, 1991. - LXXVIII, 362 S. -- (Penguin classics). -- ISBN 0-14-044540-4. -- z. St.]

35. Von Same und Mutterschoß bezeichnet man den Samen als das höhere. Die Nachkommenschaft aller Lebewesen trägt nämlich die Kennzeichen ihres Samens.

Medhâtithi z. St.:

"The doubt having been set forth, the author puts forward the 'preponderance of the seed' as the prima facie argument. And if the seed is the superior factor, then the child must belong to him whose the seed is. That the seed is the more important is indicated by the fact that in the case of the corn and such other things, though the soil and several other causes operate in their production, yet they take up the characteristics of the seed. So that even though in the case of the child, the transmission of the characteristics of the seed is not so clearly manifest, yet it has to be accepted as a fact, on the basis of the fact of such transmission being found in the case of corn and other things.

Further, it is only when this view that is accepted that the uniformity of all products becomes established.

Thus it is that superiority belongs to the seed.

This is what is shown by the text—'the prodvction of all things' is found to be ' marked by the characteristics qf the seed';—these 'characteristics of the seed' consisting in shape, colour, figure and so forth; and by this is the production 'marked' distinguished; i.e., it follows them."

[Übersetzung: Manu: Manu-smrti : the laws of Manu ; with the Bhasya of Medhathiti / transl. by Ganganatha Jha. - Calcutta : University of Calcutta. -- Vol. V. --1926.  -- z. St.]

36. Wie der Same ist, der in zur rechten Zeit bereiteten Boden gesät wird, solcherart Saat wächst, gekennzeichnet mit seinen (des Samens) Eigenschaften.

37. Diese Erde nennt man den ewigen Mutterschoß aller Wesen; trotzdem entwickelt die Saat beim Wachstum keinerlei Eigenschaften des Mutterschoßes.

Medhâtithi z. St.:

"The foregoing verse has described the fact that the qualities of the seed are reproduced in the product; the present verse is going to show that the qualities of the soil are not so reproduced.

'This earth is called the womb '—soil of production— 'of things'—i. e., herb, vegetables, thickets, creepers and other immovable things; and yet none of the qualities of the earth are found in these things, neither clay nor dust being found in them.

"'The seed does not develop in its development'.—The term 'seed' here stands for the corn growing out of the sprouts, and not for the roots. The corn, left over after consumption, when sown, again becomes the seed ; and this does not 'develop '—reproduce ;—the reproduction of qualities being a part of the ' development' we have the present tense in 'develops'—acquires, obtains— ' the qualities of the womb '— in its constituent parts. If the verb 'develops' itself had stood for the . reproduction that forms part of the development, then the term ' in its development' would be superfluous. Hence, according to the principle that verbal roots have several meanings, the verb 'develops' has to be taken as denoting something else. Or, the term ' in its development ' may be taken as only serving the purpose of filling up the metre; and the superfluity thus explained somehow. Or the two terms, ' in its development' and ' develops ' may be explained as standing respectively for the general and special forms; just as in the expression ' svaposham pushtah ', ' nourished by his own nourishment'."

[Übersetzung: Manu: Manu-smrti : the laws of Manu ; with the Bhasya of Medhathiti / transl. by Ganganatha Jha. - Calcutta : University of Calcutta. -- Vol. V. --1926.  -- z. St.]

38. Auf dieser Erde wachsen auch Samen, die die Bauern zur rechten Zeit auf ein einziges Feld säen, zu verschiedenartigen Pflanzen aufgrund ihrer jeweiligen Natur.

39. Vrîhi-Reis, Shâli-Reis, Mudgabohnen, Sesampflanzen, Mâshabohnen, Gerste, Knoblauch und Zuckerrohr wachsen gemäß ihrem Samen.

Shâli-Reis: Langkorn-Nassreis, galt als bester Reis; Vîhi-Reis: gewöhnlicher- Reis

"Rice is not mentioned in the Rigveda Rigveda, but innumerable names turn up in Sanskrit literature after its first mention in the Yajurveda, reflecting the sustained development of rice varieties.

Summer rice, of a short sixty-day duration, was called graishmukha or shastika, and another summer variety, dark in colour, was called anu. Rainy season varieties like varshika and vrîhi (also a generic term applied to all varieties of rice) were considered of rather ordinary quality.

Autumn rice was rare, but one generic name, shârada, is mentioned.

An exceedingly white variety that was not transplanted was called, after its winter season of growth, haimanthaka, hayavana or hayana.

But the greatest praise was reserved for the winter varieties called shâli, which were all transplanted. There is mention of raktashâli, of kalamashâli which was hard, white and flavoured, and of mahâshâli, the most highly regarded of all varieties of rice. This plump rice was grown in Magadha and reserved for royalty or honoured guests. It was served, for example, to the learned Chinese pilgrim Xuan Zang during his stay at the Buddhist monastery at Nalanda in the seventh century AD: 'This rice is as large as the black bean, and when cooked is aromatic and shining, like no other rice at all. It grows only in Magadha and nowhere else.' As early as in 1900 BC long-grained rice, a type highly prized even today, was cultivated at Ahar near Jaipur. "

[Achaya, K. T.: A historical dictionary of Indian food. -- New Delhi : Oxford University Press, ©1998. -- ISBN 019 565868 X. -- S. 209]

Mudgabohnen = Urdbohnen (Vigna mungo)

mudga -- Vigna  mungo -- Urdbohne

txterl810.gif (9088 Byte)

Abb.: Vigna mungo: Urdbohnen -- Urd Dal

txterl811.gif(48153 Byte)

Abb.: Vigna mungo: Urdbohnen -- Urd Dal

Mâshabohnen = Mungbohnen (Vigna radiata)

 

txterl812.gif (35126 Byte)

Abb.: Vigna radiata -- Mungbohnen

Sesam (Sesamum indicum)


Abb.: Sesam (Sesamum indicum)

Gerste (Hordeum vulgare)


Abb.: Gerste (Hordeum vulgare)

Knoblauch (Allium sativum)

Zuckerrohr (Saccharum officinarum)


Abb.: Zuckerrohr (Saccharum officinarum)

 

40. Es kommt nicht vor, dass etwas anderes gesät wird und etwas davon verschiedenes entsteht. Was für ein Same gesät wird, solches wächst daraus.

41. Deshalb soll ein weiser, gebildeter, in heiligen und weltlichen Wissenschaften kundiger Mann, der ein erfülltes Leben wünscht, niemals in der Frau eines anderen säen.

Medhâtithi z. St.:

"The prima facie argument having been put forward, the present verse sets forth the established doctrine ; and what the text means is that the soil is the predominant factor.

Objection—" In the text there is no word signifying the predominance of the soil ; all that is declared is the prohibition of having recourse to other's wives—' shall not sow in another's wife '; which means that one should not let his semen enter another man's wife ; and it does not mean that the child belongs to the person to whom the soil belongs."

True ; but when we take the present text along with what follows (under 43) regarding 'the seed sown in what belongs to another' being ' lost', —it becomes clear that the prohibition of intercourse contained in the present verse is based upon the consideration that the child born would be taken away by another, and it is not with a view to any spiritual result. The prohibition based upon spiritual considerations has in fact already gone before (4.134); where it has been said that ' there is nothing so conducive to the shortening of life etc.' Thus the conclusion is that,  inasmuch as the present prohibitive text is supplementary to another text (43), with which it has to be construed, we are not free to interpret it as we choose; so that the only right course is to take it as declaring the predominance of the soil.

'Intelligent'—possessed of inborn intelligence. 'Well-trained'—thoroughly educated by his father and others.

'Conversant with the sciences and the arts'.—The terms 'jnâna' and 'vijnâna' connote instrumentality (meaning jnâyate anena iti jnânam and 'vijnâyate anena iti vijnânam'). So that the term 'jnâna' 'science', stands for the sciences subsidiary to the Veda, and 'vijnâna', 'arts', for the art of reasoning and the fine arts.

The sense of the verse is that the man who is possessed of any intelligence should never do such an act; since such is the law laid down in all scriptures. As regards the ignoramus, who is as good as an animal, the present teaching is not meant for him at all. Hence what is stated here is purely reiterative.

' If he desires longevity'.—This has been added with a view to indicate that the present prohibition is the same as that contained under Discourse IV; and this sets aside tho idea as to its being a distinct prohibition."

[Übersetzung: Manu: Manu-smrti : the laws of Manu ; with the Bhasya of Medhathiti / transl. by Ganganatha Jha. - Calcutta : University of Calcutta. -- Vol. V. --1926.  -- z. St.]

42. Deshalb rezitieren solche, die die alten Zeiten kennen, von Vâyu gesungene Verse, dass nämlich Männer ihren Samen nicht in fremden Besitz säen dürfen.

"von Vâyu gesungene Verse": die Herkunft dieses Spruchs ist nicht nachgewiesen

Medhâtithi z. St.:

"The term 'gâthâ' is the name of a particular metre; as has been declared by Pingala—' Atrâsiddhangâtheti'; it is also used in the sense of verses handed down by a long-continued tradition. For instance, in the Veda, we find that, having made the declaration—'This is the gâthâ of the learned that is going to be recited', it goes on to quote the versos ' Yadasya pûrvamaparantadasya  etc.'

'Sung by Vâyu '—recited, declared by him.

' Conversant with ancient lore;'—those who know all about what happened in the past cycles.

' In what belongs to another'—In another man's field."

[Übersetzung: Manu: Manu-smrti : the laws of Manu ; with the Bhasya of Medhathiti / transl. by Ganganatha Jha. - Calcutta : University of Calcutta. -- Vol. V. --1926.  -- z. St.]

43. »Wie ein Pfeil verloren geht, den man in die Wunde eines schon verwundeten Tiers wirft, so geht der Same verloren, den man in fremden Besitz wirft.«

Medhâtithi z. St.:

"The author quotes the saidi gâthâ

' Ishu' is arrow,—'becomes wasted'

'In a hole'—at a wound.

The man who shoots a deer after it has been wounded by another archer.

In this ease the kill belongs to the man who wounded it first.

Or, the meaning may be that ' the arrow shot in the air—i.e. away from the mark—' becomes wasted'—abortive,— as also when one shoots an animal already wounded.'

In the same manner, the seed sown by a man in another's wife, becomes wasted. That is, the child born belongs to the owner of the 'field'."

[Übersetzung: Manu: Manu-smrti : the laws of Manu ; with the Bhasya of Medhathiti / transl. by Ganganatha Jha. - Calcutta : University of Calcutta. -- Vol. V. --1926.  -- z. St.]

44. Männer, die das Alte kennen, wissen, dass diese Erde die Gattin Prthu's ist. Sie sagen, dass der Boden dem gehört, der die Baumstrünke beseitigt, und dass das Wild dem gehört, dem der Pfeil gehört.

Medhâtithi z. St.:

"The relation of husband and wife established by ancient tradition is such that two totally distinct entities are spoken of as one, For instance, though the Earth (Prfhivî) was associated with King Prthu thousands of years ago, yet she is even now named after him 'Prthivî'.

In view of this, even though a son may be born of another man, he must belong to him whose wife the mother is.

'They declare the field to belong to him who cleared ojff the stalks';—there being no other relationship spoken of, the Genetive ending (in 'sthânûchhedasya') must signify the relation of possessor and possessed.

'Stalks'—stands here for groves, thickets, creepers and other growths on the land ;—he who clears off these is 'he who clears off the stalks'. The land belongs to him by whom the over-growths have been cleared and the land levelled and made into arable land. The fruits of filling and sowing this land also belong to that same man.

'The deer to belong to him who struck the dart'—'They declare' has to be construed with this also. Where several persons are hunting and following a deer, they declare the animal to belong to him the dart of whose arrow is found in its body. So that it belongs to the man who wounded it first, and this is what has been said above regarding 'the arrow of the shooter being wasted.'"

[Übersetzung: Manu: Manu-smrti : the laws of Manu ; with the Bhasya of Medhathiti / transl. by Ganganatha Jha. - Calcutta : University of Calcutta. -- Vol. V. --1926.  -- z. St.]

"Prthu was the first king, the husband and owner of the earth; kings who 'possess' the earth after him do not possess her."

[Quelle: Manu: The laws of Manu / with an introd. and notes transl. by Wendy Doniger with Brian K. Smith - 1. publ.. - London : Penguin Books, 1991. - LXXVIII, 362 S. -- (Penguin classics). -- ISBN 0-14-044540-4. -- z. St.]

"PRITHÎ, PRITHU, PRITHÎ - VAINYA. Prithî or Prithî-vainya, i.e., Prithî, son of Vena, is mentioned in the ,Rig-veda, and he is the declared Rishi or author of one of the hymns. Tho Atharva-veda says, " She (Viraj) ascended: she came to men. Men called her to them, saying, ' Come, Iravatî." Manu Vaivaswata was her calf, and the earth her vessel. Prithî-vainya milked her; he milked from her agriculture and grain. Men subsist on agriculture and grain." The Shatapatha Brahmana refers to Prithî as " first of men who was installed as a king." These early allusions receive a consistent form in the Purânas, and we have the following legend:—Prithî was son of Vena, son of Anga. He was called the first king, and from him the earth received her name Prithivî. The Vishnu Purâna says that the .rishis " inaugurated Vena monarch of the earth," but he was wicked by nature and prohibited worship and sacrifice. Incensed at the decay of religion, pious sages beat Vona to death with blades of holy grass. In the absence of a king robbery and anarchy arose, and the Munis, after consultation, proceeded to rub the thigh of the dead king in order to produce a son. There came forth
"a man like a charred log, with flat face and extremely short." This man became a Nishâda, and with him came out the sins of the departed king. The Brahmans then rubbed the right arm of the corpse, " and from it sprang the majestic Prithu, Vena's son, resplendent in body, glowing like the manifested Agni. . . . At his birth all creatures rejoiced, and through the birth of this virtuous son Vena, delivered from the hell called Put, ascended to heaven." Prithu then became invested with universal dominion. His subjects, who had suffered from famine, besought him for the edible plants which the earth withheld. In anger he seized his bow to compel her to yield the usual supply. She assumed the form of a cow and fled before him. Unable to escape, she implored him to spare her, and promised to restore all the needed fruits if a calf were given to her, through which she might bo able to secrete milk. " He therefore, having made Swâyam-bhuva Manu the calf, milked the earth, and received the milk into his own hand for the benefit of mankind. Thence proceeded all kinds of corn and vegetables upon which people subsist now and perpetually. By granting life to the earth Prithu was as her father, and she thence derived the patronymic appellation Prithivî." This milking the earth has been made the subject of much allegory and symbolism. The Matsya Purâna specifies a variety of milkers, gods, men, Nâgas, Asuras, &c., in the follow style:—-"The Rishis milked the earth through Brihaspati ; their calf was Soma, the Vedas were the vessel, and the milk was devotion." Other Purânas agree with only slight deviations. "These mystifications," says Wilson, "are all, probably, subsequent modifications of the original simple allegory which typified the earth as a cow, who yielded to every class of beings the milk they desired, or the object of their wishes."

PRITHIVÎ. ' The broad.' The earth or wide world. In the Vedas the earth is personified as the mother of all beings, and is invoked together with the sky. According to the Vedas there are three earths corresponding to the three heavens, and our earth is called Bhûmî. Another name of the earth is Urvî,' wide.' In the Vishnu Purana she is represented as receiving her name from a mythical person named Prithu, who granted her life, and so was to her as a father."

[Quelle: Dowson, John <1820-1881>: A classical dictionary of Hindu mythology and religion, geography, history, and literature. -- London, Trübner, 1879. -- s.v. ]

45. Der Mann ist nur insofern Mann als er aus Gattin, Selbst und Nachkommen besteht. Und so sagen die Brahmanen auch: "Die Frau ist mit dem Mann identisch."

Medhâtithi z. St.:

"It is only right that the child belongs to the man whose wife the mother is; because the husband and wife are one ; and the child also is the man himself; how then can the self of one man belong to another ?

Such is the usage of the world, and the learned Brahmanas also have made the same assertion,"

[Übersetzung: Manu: Manu-smrti : the laws of Manu ; with the Bhasya of Medhathiti / transl. by Ganganatha Jha. - Calcutta : University of Calcutta. -- Vol. V. --1926.  -- z. St.]

Parallelstellen:

Apastamba (2. 14. 16).—' There is no division between husband and wife ;—for from the time of marriage, they are united in religious ceremonies ;—likewise also as regards the rewards for acts by which spiritual merit is acquired;— and with respect to the acquisition of property.'

[Manu: Manu-smrti : the laws of Manu ; with the Bhasya of Medhathiti / transl. by Ganganatha Jha. - Calcutta : University of Calcutta. -- Notes. -- Part III: Comparative. --1926.  -- z. St.]

46. Weder durch Verkauf noch durch Entlassung wird die Frau von ihrem Mann gelöst. So kennen wir das anfangs vom Schöpfer geschaffene Gesetz.

Medhâtithi z. St.:

"Some one may have the following notion :—" Other men's wives may ho made one's own by paying money to the husband, and the difficulty regarding ownership being thus removed, the son horn of her would belong to the begetter."

This is declared to he not possible. Wives of other men cannot bo made one's own even by the paying of a thousand gold-coins.

Nor, when she is abandoned by her husband on account of poverty, can the wife belong to the man who receives her.

The reason for this lies in the fact that verse 3.4, which contains the injunction of marriage, uses the verb 'udvaheta' ('shall take'), in the Âtmanepada form clearly indicates that the woman who has been  'taken' through the sacramental rites by one man cannot be the 'wife' of any other man; just as the ' âhavanîya' (sacrificial Fire) cannot be regarded as being so for any other person save the one who has kindled it with the prescribed rites.

'Sale ' stands for purchase as well as exchange; and ' Repudiation ' for abandoning. By neither of them is the wife 'released'—lose the character of 'wife.'"

[Übersetzung: Manu: Manu-smrti : the laws of Manu ; with the Bhasya of Medhathiti / transl. by Ganganatha Jha. - Calcutta : University of Calcutta. -- Vol. V. --1926.  -- z. St.]

47. Ein einziges Mal fällt der Anteil zu, ein einziges Mal wird ein Mädchen zur Gattin gegeben, ein einziges Mall sagt er: "Ich gebe". Diese drei sind einmalig.

Medhâtithi z. St.:

"This has been explained by us under the section on 'Rescision' (8,227).

At the time of partition, if the co-partners are such as are entitled to equal as well as unequal shares, they should divide the property in such equal and unequal shares. This partition having been once made, some one of the co-partners may subsequently raise objections to it, It is such subsequent objection that the present verse is meant to preclude. If, however, at the very outset, the party were to indicate the inadequacy of his share, then, the partition should have to be revised. If, on the other hand, the objector should declare the inequity of the partition after the lapse of a long time, all that he can claim is the equalisation of his own share, and not a rescission of the whole partition; since during the time that has elapsed each co-partner will have made additions to his share, or carried out repairs to what may have been in a dilapidated condition, or used up the clothes and gold and other things [so that a re-partition of the entire inheritance would not be possible|.

Others, however, explain the declaration regarding 'the share falling only once' to mean that—'if after the partition, it be discovered subsequently that there are some among the co-partners who are affected by impotence or some such physical defect as disqualifies him from receiving a share in the property,—there shall be no resumption of these shares by the others.

Similarly, if there be some co-partners who are really entitled to two, three or four shares, but somehow at the time of partition, all of them receive equal shares, then, if, after sometime, they were to complain, they should not be permitted to annul the former partition.

In the case of the outcast, however, there is resumption of his share, as we shall explain later on.

' The maiden is given away only once.'—Though this would imply that the husband acquires ownership over the girl immediately after verbal betrothal,—even before the marriage has been performed,—yet what is really meant is that particular time which is indicated by such declarations as 'One might take away a girl even though she may have been betrothed' (Yâjnavalkya, 1.65) and 'The marriage is to be regarded as accomplished at the seventh step' (Manu, 8,227). This we have already explained above.

"Once does one say 'I give'"—Cows and other things are given away to others in the same form of ownership that the giver himself has over them; but the maiden belongs to the father as 'daughter,' while she is given away to the other party as his 'wife'; so that the father's relationship to her does not cease. It is for this reason that she has been mentioned separately (in the sentence (the maiden is given away only once').

Objection.— "If the father's ownership and relationship does not cease, how can the 'giving away of the maiden' be said to be accomplished ? It is in the very nature of the act of giving that the ownership of one ceases and that of another is brought about."

There is no force in this objection. In the case in question there are two relationships,—that of parent and child, and that of owner and owned, and while the former remains intact, the latter does cease. This is what is meant when verse 5.188 declares that 'During childhood the girl should remain under her father,' and ' under her husband during youth,' which indicates the cessation of the father's ownership and the coming into existence of that of the husband."

[Übersetzung: Manu: Manu-smrti : the laws of Manu ; with the Bhasya of Medhathiti / transl. by Ganganatha Jha. - Calcutta : University of Calcutta. -- Vol. V. --1926.  -- z. St.]

"This verse is quoted in Parâsharamâdhava (Âcâra, p. 490), wliich adds that this rule regarding the betrothal of a girl pertains to cases where the bridegroom to whom the girl has been betrothed has no disqualifying defects ;—-in Parâsharamâdhava (Vyavahâra, p. 388), which adds that the irrevocability of a partition here spoken of is meant for those cases where all doubts regarding its fairness can be set at rest by reasonable arguments;—-in Smrtitattva (II, p. 145), and again on p. 182, where it is added that this irrevocability of partitions is meant for cases where the partition has been made by the objector himself;—and in Smrticandrikâ (Samskâra, p. 218), which explains the first clause to mean that 'a man obtains his share in a property only once' and adds that what is said in regard to the 'girl' applies only to those cases where there is no defect in the bridegroom (to whom the girl has been betrothed)."

[Manu: Manu-smrti : the laws of Manu ; with the Bhasya of Medhathiti / transl. by Ganganatha Jha. - Calcutta : University of Calcutta. -- Notes. -- Part II: Explanatory. --1924.  -- z. St.]

Parallelstellen:

Visnu (5. 160),—' He who, having promised his daughter to one suitor, gives her in marriage to another, shall be punished as a thief;—unless the first suitor have a blemish.'

Yajnavalkya (1. 65).—'A maiden is given away but once; having given her away, if one takes her back, he becomes liable to punishment; but even after giving her away, one may take her back, if a better suitor should arrive.'

Gautama (Apararka, p. 94),—' Even though he may have promised the girl to a suitor, one may not give her to him if he happen to be beset with vice.'

Narada (12. 28).—(Same as Manu.)

Narada (12. 32).—'When a man, after having made a solemn promise of marrying his daughter to a certain suitor, does not deliver her afterwards, he shall be punished by the King like a thief, in case the suitor be free from defects,'

Narada (Apararka, p. 94).—' If even after betrothal, some defect is found in either the bride or the bridegroom, the betrothal may be cancelled; there is no finality in mere betrothal.'

Katyayana (Do.)—'If, after betrothal, the bridegroom becomes lost, the girl shall wait for three months and then select another man. If a girl has been betrothed to one and married to another, she shall be given away, even after the performance of the ceremonies, to the person to whom she had been previously promised.'

Vasistha (Do.).—' If the bridegroom happen to die after the girl has been given away with water and verbally,—but has not gone through the ceremonies with mantras,—she remains an unmarried maiden with her father.'

[Manu: Manu-smrti : the laws of Manu ; with the Bhasya of Medhathiti / transl. by Ganganatha Jha. - Calcutta : University of Calcutta. -- Notes. -- Part III: Comparative. --1926.  -- z. St.]

48. Wie bei Kühen, Stuten, Kamelinnen, Sklavinnen, Büffelkühen, Geißen und Schafen der Zeuger [d.h. der Besitzer des Stiers usw.] keinen Anteil an der Nachkommenschaft hat, so ist es auch mit den Frauen anderer.

Parallelstellen zu 48 - 56:

(See the texts under 31-44.)

Parashara (1. 16).—(Same as Manu.)

Shankha-Likhita (Vivadaratnakara, p. 580).—' If the seed is sown by a stranger in a soil without the knowledge of the owner of the soil, it belongs to the owner of the soil.'

Narada (Do., p. 581).—' There can be no crops without the soil, nor is there any crop without the seed ; hence the child is held to belong to both the father and the mother.'

Shankha-Likhita (Do. p. 557),—' The child belongs to the person who married the girl with mantras,—says Angiras: but Ushanas says that when the seed has been sown with the consent of both the owner of the soil and the owner of the seed, the product belongs to both.'

Harita (Do.)_' No soil is productive without the seed, nor does the seed grow without the soil, hence the child belongs to both—say some people.'

[Manu: Manu-smrti : the laws of Manu ; with the Bhasya of Medhathiti / transl. by Ganganatha Jha. - Calcutta : University of Calcutta. -- Notes. -- Part III: Comparative. --1926.  -- z. St.]

49. Wer keinen Boden besitzt, aber Samen, und diesen in ein fremdes Feld sät, nirgendwo die Frucht des Korns, das daraus entsteht.

50. Wenn ein Stier mit den Kühen eines anderen 100 Kälber zeugt, gehören diese Kälber nur den Besitzern der Kühe. Vergeblich sind die Samenergüsse des Stiers.

51. So bewirken Leute, die keinen Boden besitzen und in den Boden eines anderen säen, einen Vorteil für den Besitzer des Bodens. Der Besitzer des Samens erhält keine Frucht.

52. Wenn der Besitzer des Bodens und der Besitzer des Samens keine anderslautende Abmachung getroffen haben, dann gehört der Nutzen klar dem Besitzer des Bodens. Der Schoß zählt mehr als der Same.

"This verse is quoted in Vivâdaratnâkara (p. 579), which explains the meaning to be:—'In a case where the owner of the field and the sower of the seed are not parties to an agreement, the benolit accrues to the' former and not to the latter.'

It is quoted in Parâsharamâdhava (Vyavahâra, p. 350), which adds the following explanation: — In a case where the ' field-owner ' and the ' seed-owner ' have entered into an agreement that 'the child horn would helong to hoth of us'  the child that is horn of the connection between the former's wife and the latter shall belong to both ; but where there has been no such agreement, and yet the latter ' sows his seed ' in the former's ' field ,' and a child is born, it will belong to the ' field-owner ,' and not to the ' seed-owner ;' because the ' receptacle ' is more potent than the ' seed ' as is fqund in the case of the cow, the sheep and other animals.

It is quoted in Vîramitrodaya (Samskâra, p. 656), whicli adds that ' phalânabhisandhâna ' means the ' absence of any such agreement as that the child born of this connection shall belong to both of us ;' so that the son thus born would be ' kshetraja ' and not dvyâmushyâyana.

Bâlam-bhattî has the following ex pin nation of the verbal construction : — ' Kshetrinâm bîjinâm ,' ' from among field-owners and seed-owners ,' if either party has not agreed to the understanding regarding the lending of the ' field ,' then the child born belongs to the ' field-owner ;' and the reason for this lies in the fact that ' the receptacle is more potent than the seed '; — and the reason for this is declared to be ' pratyaksham ' ordinary perception ', i. e., such is actually found to be the case in ordinary experience ; — the 'phalâni ' spoken of in the text stands for the agreement regarding the child ; — it goes on to add that according to Medhâtithi this verse serves to point out the special circumstance under which the ' benefit does not accrue to the seed-sower ' which has been stated in general terms in the preceding verse,"

[Manu: Manu-smrti : the laws of Manu ; with the Bhasya of Medhathiti / transl. by Ganganatha Jha. - Calcutta : University of Calcutta. -- Notes. -- Part II: Explanatory. --1924.  -- z. St.]

53. Wenn durch eine formelle Übereinkunft der Boden übergeben wird, damit er besät wird, dann betrachtet man in dieser Welt sowohl den Besitzer des Samens und den Besitzer des Bodens als Teilhaber an der Frucht.

"This verse is quoted in Mitâksharâ (2. 127) which adds the following explanation:—In a case where the ' field ' is lent to the seed-owner for sowing, on the mutual understanding that the child born would belong to both parties,, both of them will be owners of the child, as has been (drshta) held by the great sages.

It is quoted in Vîramitrodaya (Samskâra, p. 656), which adds that the term ' kriyâ ' here stands for the agreement that' the child born would belong to both of us;' and adds that it is only sons born under these conditions that can be called ' Dvyâmushyâyana'.

It is quoted in Parâsharamâdhava (Vyavahâra, p, 350), which adds the following explanation:—'In a case where the owner of the field lends his field to the owner of the seed, after entering into an agreement with him to the effect that the child born shall belong to both,—the child is held to belong to both the parties.'

It is quoted in Vivâdaratnâkara (p. 557), which adds that this rule applies also to the case where the 'seed-owner' concerned may already have sons of his own;—in Vyavahara-Bâlam-Bhattî (p. 653).;—in Nrsimhaprasâda (Vyavahâra 38 a);—and in Vîramitrodaya (Vyavahâra, 185 b), which adds the following explanation:—A man has agricultural land, and another has the seed-grains,—the two enter into an agreement 'let us, combine our resources and cultivate the land conjointly and the out turn shall belong to both of us'—in this case the crop belongs to both; similarly when the husband of the wife enters into an agreement with another man that 'you beget a child on my wife and the child shall belong to both of us' the child that is born belongs to both, and having two fathers, he is called 'Dvyâmushyâyana'

[Manu: Manu-smrti : the laws of Manu ; with the Bhasya of Medhathiti / transl. by Ganganatha Jha. - Calcutta : University of Calcutta. -- Notes. -- Part II: Explanatory. --1924.  -- z. St.]

54. Wenn in einen Boden Flut oder Wind Samen bringt und diese aufwächst, dann gehört die Saat dem Besitzer des Bodens. Der Besitzer des Samens erhält keine Frucht.

55. Dieses Gesetz gilt auch bezüglich der Nachkommen von Kühen, Stuten, Sklavinnen, Kamelinnen, Geißen, Schafen, Vögeln und Büffelkühen.

Zu 59/60:

"This verse is quoted ... in Smrtitattva (II, p. 150), which adds that the term 'dasî' here stands for the slave-girl married to another slave ; the child of such a slave-girl belongs to the owner of the girl, not to that of the father."

[Manu: Manu-smrti : the laws of Manu ; with the Bhasya of Medhathiti / transl. by Ganganatha Jha. - Calcutta : University of Calcutta. -- Notes. -- Part II: Explanatory. --1924.  -- z. St.]


Zu Kapitel 8.3.: Manu IX, 56 - 103