Dharmashastra : Einführung und Überblick

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

3. Manu IX, 56 - 103

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. -- 3. Manu IX, 56 - 103. -- Fassung vom 2004-01-06. -- URL: http://www.payer.de/dharmashastra/dharmash083.htm -- [Stichwort].

Erstmals publiziert: 2004-01-06


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 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."


4. Pflichten der Frauen in "Not"

56. Damit ist die relative Wichtigkeit und Unwichtigkeit von Same und Mutterschoß verkündet worden. Im Folgenden verkünde ich das Gesetz für Frauen in Not.

Aus Medhâtithi z. St.:


  1. want of food and clothing, necessary for the sustaining of life; and also
  2. absence of progeny."

[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.]

57. Die Gattin des älteren Bruders ist für die Gattin des jüngeren Bruders "Frau des Lehrers/Vaters", die Frau des jüngeren Bruders ist für den älteren Bruder "Schwiegertochter".

58. Wenn der ältere Bruder mit der Gattin des jüngeren Bruders oder der jüngere Bruder mit der Gattin des älteren Bruders Geschlechtsverkehr hat, dann fallen sie aus dem Stand. Dies gilt auch, wenn sie dazu beauftragt wurden außerhalb von Not.

59. Wenn die Generationenfolge durch Kinderlosigkeit abzubrechen droht, soll die Frau, dazu  beauftragt,  in rechter Weise den begehrten Nachkommen erhalten entweder vom Gattenbruder oder von einem Sapinda.

Medhâtithi z. St.:

"This verse enjoins the practice of ' Niyoga' hemmed in by all its qualifications.

' On failure of issue, the woman, on being authorised, may obtain, offspring in the proper manner,'—from her younger brother-in-law and others.

This 'failure of issue' is the 'distress' referred to under verse 50.

The term 'issue', 'santâna' here stands for the son; as regards the daughter, she is regarded as ' issue' only when she has been 'appointed' as it is only then that she carries on ('santanoti'), perpetuates, her father's family; which is not done by the daughter, in ordinary circumstances.

The 'failure' of such issue consists in no son being born, or in a son, though born, dying off, and in the non-appointment of a daughter (by the husband). We shall explain later on that the woman is not entitled to have an ' appointed daughter ' or any other substitute for the son. She may, therefore bring forth a child only when authorised by her elders.

" Whence is the idea obtained that the authorisation is to be done by her elders ? "

It is obtained from other Smrti-tcxts. Or, the idea follows from the very name 'niyoga', 'authorisation'. In ordinary parlance ' authorisation' is always understood as proceeding from a superior; when the teacher does the teaching, he is not spoken of as being ' authorised' by his pupil to do it; in fact it is the pupil that is spoken of as being 'authorised' to read and repeat the lessons.

The 'elders' meant here are the mother-in-law, the father-in-law, the younger brother-in-law and other persons belonging to her husband's family,—and not the woman's own father and other relations. Because it a child is born as the result of this 'authorisation', it is only the former who come to be known as ' with offspring', and who become benefitted by the after-death rites performed by that child.

"If that were the sole criterion, then, since the child's maternal grandfather also would benefit by the rites performed by his grand-child, it would follow that, the said 'authorisation' could be done by him also."

This has been already answered by the explanation that those persons alone are to 'authorise' who would become known as 'with offspring ' through the child born as the result of that authorisation. Further, when the verse speaks of the 'younger brother-in-law' and the ' sapinda', all persons belonging to the same gotra come to the mind. In the Mahâbhârata also, in several places, it is shown that 'authorisation' can proceed only from the woman's relations on the husband's side. It is for this same reason that there is to be no 'authorisation' when the husband's brother's son is present.

"As a, matter of fact, the benefits from the issue occur to only those persons who are 'authorised' to beget the offspring; in fact only those, persons are entitled to 'authorisation' who are eager to obtain the benefits of the issue, in the shape of the love and satisfaction derived from the son. Thus then, no benefits can occur to one who is dead; how then can the child be said to be the 'issue' of the latter ? "

Our answer to this is that the dead person also does obtain benefits, in the shape of the offering of libations and so forth ; and that this is so is clearly asserted in authoritative texts. Though it is true that the dead person has not carried out the injunction regarding the begetting of a child ; yet the scriptures clearly lay down that libations are offered to him by the child that may be begotten in the 'soil' belonging to him, (i.e. on his wife), according to the law of 'authorisation'. And from this it follows that benefits for the issue do accrue to the dead father also. How this is we shall explain fully later on.

'Younger brother-in-law '—the husband's brother.

'Sapinda'—a person belonging to the husband's family. This is what is understood to be meant by the law in other Smrti-texts regarding the child being obtained from any person ' of the same caste '.

' In the proper manner'.—This refers to the rules regarding the man annointing himself with clarified butter and so forth.

' The desired offspring may be obtained '—The verbal affix has the force of the Injunctive. The term ' desired' indicates the capacity for fulfilling his duties ; which implies that in the event of a girl or a blind or deaf son being born, the process of 'authorisation' may be repeated."

[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.]

Zu 59/60:

"'Santânasya '—'Son, and also the appointed daughter' (Medhâtithi);—'Son' (Govindarâja and Râghavânanda).

"This practice is forbidden in Apastamba 2, 27. 2-7; if the husband is alive; but with the widow, it is expressly enjoined by Gautama 78. 4 and 28. 21-22, and Vâsishtha 17. 56. Nârada gives an elaborate account of the formalities. See Jolly, Recht. Stellung S. 18, where the passage is discussed."—Hopkins.

This verse is quoted in Mitâksharâ (2. 127) as propounding the practice of 'niyoga' for the purpose of forbidding it under verse 64 et seq.—Bâlambliattî adds the notes:-— ' Samyak' in accordance with the scriptures,—'îpsitâ' in the form of a son,—' kshaye' in the event of threatened extinction of the family; this means that the practice is sanctioned only under very abnormal circumstances;—' vâg-yatah' silent; —it then goes on to quote Medhâtithi.

both the verses  are quoted ... in Vîramitrodaya (Samskâra, p. 737) which remarks that the term 'vidhavâ ' in this verse stands for the girl whose betrothed husband has died after the betrothal, but before actual marriage.

Both verses are quoted ...  in Smrticandrikâ (Samskâra, pp. 224-225), which explains the meaning as—'The widow, when directed by the father-in-law or other elders, may beget a desired (i.e., male) child from her husband's (elder or younger) brother,—but only one; although some people hold that she may secure two sons.'

[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.]


(See below, verse 64 et seq.)

Gautama (18. 4-7).—' A woman whose husband is dead and who desires offspring may bear a son to her brotber-in-law. She should obtain the permission of her elders and should have intercourse during her period only. On failure of her brother-in-law, she may obtain offspring from a Sapinda, a Sagotra, a Samanapravara or from one belonging to the same caste. Some people hold that she should do this with none but her brother-in-law.'

Gautama (28. 22-23).—' The widow may seek to raise up offspring to her deceased husband. A son begotten on a widow, whose brother-in-law is alive, by another relative, is excluded from inheritance.'

Bodhayana (2. 4. 9-10).—'After the expiry of six months from her husband's death, she may, with the authority of her elders, bear a son to her brother-in-law, in case she has no son. They quote the following :—" A barren woman or one who has already borne sons, or one who is past child-bearing, or one whose children are all dead, or one who is unwilling, must never be authorised or appointed to do this." '

Vasistha (17. 56).—'After the completion of six months from the death of her husband, she shall bathe, and offer a funeral oblation to the husband. Then her father and brother shall assemble the elders who taught or sacrificed for her husband, as also his relatives, and authorise her to raise issue to her deceased husband. One should not thus appoint a widow who is either mad or ill-behaved or diseased ; nor one who is very aged ;—sixteen years after maturity is the period for authorising a widow. Nor shall such an authorisation be made if the male entitled to approach her is sickly.'

Yajnavalkya (1.68-69).—' If a widow is without a son, her brother-in-law, or a Sapiwla or a Sagotra,—smeared with butter, shall approach her during her period, being authorised to do so by the elders, for the purpose of obtaining a son for her. He shall approach her only till conception has taken place ; doing otherwise, he would become an outcast. The son born in this manner is called Kshetraja.'

Brhaspati (25.12-14).—' The Niyoga (authorisation of a widow to raise offspring to her deceased husband), after having been declared by Manu, has been forbidden by himself; on account of the deterioration in the nature of the time-cycles, this cannot be done by all in the proper form. In the Krta, Treta and Dvapara cycles, men were imbued with austerities and with knowledge; in the Kali cycle a deterioration in the capacity of men has been brought about. Therefore the sons that were obtained by various methods by the ancient sages cannot be obtained by men now, on account of their being without that capacity.'

Narada (12.80-81).—' Should the husband of a childless woman die, she should go to her brother-in-law, through desire to obtain a son, after having received the necessary authorisation from her elders;—and he shall have intercourse with her till a son is born. When a son is born, he must leave her. It would be sinful intercourse otherwise.'

Brahmapurana (Apararka, p. 97).—' On the death of her husband, or on her having abandoned her husband, a woman may beget a son from a man of her own caste. If she is a child-widow, or has been forcibly abandoned by her husband, she shall go through the sacrament of marriage again, with any other man. But this remarriage of women, or the begetting of a son from the brother-in-law, or the freedom of women, should not be permitted during the Kali age ; as during this age, men are inclined to be sinful.'

Apastamba (2.27.2-4).—' A husband shall not make over his wife, who occupies the position of a gentilis to others (than to his gentiles), in order to cause children to be begotten for himself. For they declare that a bride is given to the family of her husband (and not to the husband alone). This is forbidden for the present age, on account of the incapacity of men's senses.'

Yama (Vivadaratnakara, p. 446).—' A man desirous of securing offspring for his dead brother, may beget a child on his widow; he shall leave her as soon as conception has taken place ; he shall never approach her after she has got a child.'

Katyayana ( Do., 4J9),—' After having carried out Niyoga, one should perform the prescribed penance for expiation.'

[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.]

60. Wer aber mit der Zeugung beauftrag ist für eine Witwe, der soll, mit Butterschmalz gesalbt und mit gezügelten Worten in der Nacht einen Sohn zeugen, keinesfalls einen zweiten.

zum Levirat (levir = Schwager) vgl. Deuteronomium (5. Moses) 25,5:

"Wenn Brüder beieinander wohnen und einer stirbt ohne Söhne, so soll seine Witwe nicht die Frau eines Mannes aus einer anderen Sippe werden, sondern ihr Schwager soll zu ihr gehen und sie zur Frau nehmen und mit ihr die Schwagerehe schließen. Und der erste Sohn, den sie gebiert, soll gelten als der Sohn seines verstorbenen Bruders, damit dessen Name nicht ausgetilgt werde in Israel."
Medhâtithi z. St.:

"No significance is meant to be attached to the mention of the 'widow''; as the rule laid down here is applicable also to the case of the woman whose husband is alive, but subject to such disabilities as impotence and the like. That such is the meaning is clear from what follows later (in 63). As a matter of fact, the sole purpose underlying the practice lies in what is stated in the present verse ; the restriction too pertains to persons subject to the law, and not to the observances themselves. Otherwise it would seem that the whole thing pertained to widows only. (?)

'At night'—this is meant to indicate the absence of all light, in the shape of lamps etc. ; intercourse during the day having been already forbidden by another text.

Others however hold that the prohibition of intercourse during the day is with reference to the benefit of the man, while the specification of ' night' in the present text bears upon ritualistic purposes.

Hence what is meant is that 'only one'—and never a second—'Kshetraja' son is to be begotten ; but never by intercourse during the day.

An exception to this is set forth in the next verse:—"

[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.]

Zu Niyoga aus der Sicht eines typischen indologischen "Entwicklungstheoretikers" vgl: Horst Brinkhaus: Noch einmal Niyoga bei Manu [Abstract XXVIII. Deutscher Orientalistentag, Bamberg, 2001]

"Unter den bisherigen Interpreten, beginnend mit dem Autor der Brhaspatismrti bis hin zu Vertretern der modernen Indologie, die die einschlägigen Passagen zum Thema Niyoga in der Manusmrti (bes. X, 56c-70) untersucht und zu erklären unternommen haben, bestand allgemeine Einmütigkeit, dass der Text keine einheitliche Stellungnahme zur Frage der ,Leviratsehe' biete. Darüber hinaus vertrat die Mehrheit der mir bekannten Interpreten (zuletzt Doniger/Smith in ihrer Manu-Übersetzung 1991) die Ansicht, es handle sich um zwei widersprüchliche Auffassungen, indem nämlich einer älteren Befürwortung des Levirats ein jüngeres entschiedenes Verbot desselben entgegengestellt worden sei. Dieser Deutung hatte L. Alsdorf bereits 1961 seine Auffassung dreier Entwicklungsstufen entgegengehalten, in die das scheinbare Nebeneinander unterschiedlicher Lehrmeinungen im Text aufzulösen seien: Eine alte Niyoga-Vorschrift sei hier zunächst getreulich mitgeteilt, dann aber eingeschränkt und schließlich rundweg abgelehnt worden.
Nun hatte aber bereits G. Bühler 1886 warnend darauf verwiesen, dass schon die älteren Dharmasutras auch durchaus Verbote des Levirats enthielten. Der hier immerhin angedeuteten Auffassung entsprechend, haben meine erneuten diesbezüglichen Untersuchungen ergeben, dass speziell die Hauptpassage zum Thema Niyoga bei Manu, wohl zunächst als Reaktion auf die damals offenbar aktuelle Diskussion, zunächst eine klare Ablehnung der Niyoga-Regel enthalten habe. Festgestellte Unstimmigkeiten im überlieferten Text lassen sich durch die Annahme beseitigen, dass in jene ablehnende Passage nachträglich ein genau definierbares Textstück interpoliert worden ist, das eine eingeschränkte Zustimmung zum Niyoga signalisieren sollte. Die Einarbeitung dieses Textstücks ist ganz offenbar bewusst vorgenommen worden und war mit dem nicht ganz gelungenen Versuch verbunden, die sich ergebenden Nahtstellen zu glätten. Neben dieser rekonstruierbaren redaktionellen Tätigkeit ist besonders die textgeschichtliche und damit inhaltliche Entwicklungsrichtung bemerkenswert, da bislang eher eine allgemeine Tendenz zur Rigidisierung der Dharma-Regeln als umgekehrt zur Liberalisierung für die Manusmrti festgestellt worden ist."

Stand 28. Februar 2001"

[Quelle: http://www.uni-bamberg.de/split/dot/kurz/Indologie/Brinkhaus.htm. -- Zugriff am 2003-12-10]

Niyoga im Film:

"Feature Film: ANAAHAT = Eternity

Abb.: Logo (©) [Bildquelle: http://www.saarth.com/. -- Zugriff am 2003-12-10]

Marathi/90 minutes/35 mm Cinemascope/Colour


The story is set in Malla kingdom of which Shravasti was the capital in the 10th century and revolves around the issue of Niyoga, the selection of a mate for impregnating a married woman whose husband is incapable of fathering a child due to ailment or impotency. Niyoga was an accepted social custom since the 6th century B.C.

The King of Malla was incapable of producing an heir to the throne but was duty-bound in that regard. The King and his wife Sheelavati were happily married and shared an otherwise compatible life. The Queen did not feel incomplete and had accepted his impotency. However the all-male Senate, considering the ailment and age of the King, declared that it was the duty of the Queen to accept Niyoga for the welfare of the kingdom. Her approval or permission was never sought before the decision was taken though the right to select a mate was given to her. The King faced a predicament – he had sacrifice his personal feelings for the larger interest while the Queen had to accept the harsh reality against her will.

The climax of the film explores the respective dilemmas of the characters – the King’s emotional turmoil during the long hours of that night, the Queen’s discovery of her sexuality through the experience of that night, the Senate members’ unending justifications for their decision… and their altered equations thereafter.


Producer: Amol Palekar & Rohit Sharma
Director: Amol Palekar
Story: Surendra Verma
Screenplay: Sameer Kulkarni & Sandhya Gokhale
Cinematographer: Debu Deodhar
Editor: Zafar Sultan
Art: Nitin Chandrakant Desai
Music: Sandhya Gokhale
Sound: Narinder Singh
Cast: Anant Nag, Sonali Bendre, Deepti Naval"

[Quelle: http://pib.nic.in/archieve/iffi/iffi2003/anaahat.html. -- Zugriff am 2003-12-10]

Bilder aus dem Film und Trailer siehe: http://www.saarth.com/. -- Zugriff am 2003-12-10]

Parallelstellen zu 60 - 68:

(See texts under 59.)

Vashistha (17.61, et seq.).—' He shall approach the widow in the moment sacred to Prajapati, behaving like a husband, without dallying with her, and without abusing or ill-treating her. She shall obtain the expenses for food, raiment, baths and unguents from the estate of her deceased husband. They declare that a son begotten on a widow not duly authorised belongs to the begetter; if she has been duly authorised, the child belongs to both the males connected with the authorisation. No such authorisation shall be made for the purpose of obtaining a living. But some people declare that an authorisation may be made through desire for wealth, after an expiatory penance has been performed.'

Yajnivalkya (1.68-69).—(See under 59.)

Gautama (18,8),—'She shall not bear more than two sons.'

Narada (12.82-88).—'He shall approach the woman, free from passion, and without amorous desire. He must have anointed his limbs with clarified butter, or with oil which has not lost its natural condition, and must turn away his face from hers and avoid the contact of limb with limb. For this custom is practised only when the family threatens to become extinct, for the continuance of the lineage, and not from amorous desire. He must not approach a woman who is with child, or blameworthy, or not duly authorised by her relations. Should a woman procreate a son with her brother-in-law without having been authorised thereto by her relations, that son is declared illegitimate and incapable of inheriting, by the expounders of the Veda, So when a younger brother has intercourse, without authorisation, with the wife of his elder brother,—or an elder brother with the wife of his younger brother,—they are both held to have committed incest. If he has been authorised by the elders, he shall approach the woman and advise her in the manner previously stated, as if she were his daughter-in-law. He becomes purified of the sin when the son is born and his birth-ceremonies have been performed. He shall approach her only once,—or till conception has taken place. When she has become pregnant, she is again even as a daughter-in-law to him. Should the man or woman behave otherwise, impelled by amorous desire, they shall be severely punished by the King. Otherwise righteousness would be violated.'

Yama (Vivadaratnakara, p. 416).—' When during her period, the woman has taken her bath, her brother-in-law, desiring an offspring for his deceased brother, may approach her during the dark night, with speech held in check, with a single cloth on, and his body anointed with clarified butter, and mind stricken with grief, avoiding the contact of his face and limbs with her face and limbs.'

[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.]

61. Einige, die darin kundig sind, meinen, dass eine zweite Zeugung mit solchen Frauen erlaubt ist, da sie der Ansicht sind, dass der gesetzmäßige Zweck des Auftrages dieser beiden sonst nicht erfüllt ist.

Medhâtithi z. St.:

"A second son also should be begotten;—such is the opinion of some people.

' Learned in the subject'—persons versed in the laws relating to the begetting of ' Kshetraja' sons.

'Perceiving that the purpose of authorisation is not accomplished '.—These people hold that the injunction, that   'the woman on being authorised should beget a child ', is not fulfilled by the begetting of a single son.

What is the real intention of these men ?

They hold that the singular number (in the word 'son' in the injunction ' a son is to bo begotten ') is not meant to be significant; since it is the substance that forms the more important factor, and no qualification attaches to the act, which shows that no significance can attach to the singular number; just as in the case of the word 'cup' (in the injunction 'wash the cup').

"In the case of injunctions of things not already spoken of elsewhere, even though the substance is recognised as the predominant factor, yet the significance of such specifications as those by means of number and such qualifications remains undisturbed; e.g., in such injunctions as the ' twice-born man shall marry a woman'. Then from the indicative power of such mantra-texts as ''Beget ten sons on this girl', it is clear that the number one as pertaining to children is not to be observed.

"In that case the man need not rest with two sons only."

In fact it is in view of this that the text has added the term 'second' the use whereof lies in the precluding of the possibility of more sons than two. This same is the sense of the mantra-text also, which pertains to the ' aurasa' (body-horn) son, the text occuring in the section on Marriage. In the present instance however, all that is intended is the exceeding of the number 'one'; and this on the strength of the saying current among cultured people that 'a. man with one son is as good as sonless ', or on that of the present verse containing the eulogisation of the second son.

'On the basis of propriety '—i.e. on the strength of the practice of cultured people."

[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.]

62. Wenn aber bei der Witwe der gesetzmäßige Auftrag erfüllt ist, dann sollen sich die beiden gegenseitig verhalten wie Vater und Schwiegertochter.

Medhâtithi z. St.:

"The 'authorisation' herin laid down refers to the act of 'intercourse', ending with the sexual act. After this act has been accomplished, their behaviour towards each other should be like that of the 'elder' and the 'daughter-in-law'. If the woman is the wife of the elder brother, she shall be treated like an 'elder'; but if she is the wife of the younger brother, she shall be treated like a 'daughter-in-law'.

The use of the term 'towards each other'' implies that the woman should behave like the daughter-in-law towards her elder brother-in-law, and like an 'elder' towards her younger brother-in-law."

[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.]

63. Wenn zwei Beauftragte aber entgegen der Vorschrift sich einander aus Begierde zuwenden, dann fallen sie aus dem Stand als jemand, der mit seiner Schwiegertochter sexuell verkehrt, bzw. eine, die ins Bett des Lehrers/Vaters steigt.

Medhâtithi z. St.:

"'Law'—regarding 'annointing with clarified butter'and so forth. The transgression of the law leads to the parties becoming outcasts.

The ' authorised' elder brother being 'one who has intercourse with his danghtcr-in-law', and the younger brother being 'one who defiles the bed of his elder'."

[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.]

64. Nicht darf die Witwe eines Zweimalgeboren für jemand anderen (als die genannten) beauftragt werden: denn wer sie für einen anderen beauftragt, verletzt das ewige Gesetz.

Medhâtithi z. St.:

"This is the prohibition of the practice of ' authorisation' which has been sanctioned in the foregoing texts.

In this connection, some people have held the following view:—"Inasmuch as the text contains the term 'widow', it prohibits the practice only with reference to the woman whose husband is dead; so that the impotent husband should still 'authorise' his wife; both the sanction and the prohibition would thus have distinct spheres of application."

Others, however, have hold the following opinion:— "The text that sanctions the practice mentions the failure of issue as the occasion for it ; and as a matter of fact, this occasion is equally present in both cases,—in the case of the husband being impotent or invalided, as also in that of his being dead. So that as the sanction, so the prohibition also, must be accepted as free from restrictions. Then again, a woman is called 'vidhavâ' (widow) when she ceases to have any intercourse with her ' dhava,' or husband ; and this condition is equally present in both cases."

It is this latter view that has to be accepted; as otherwise, the rules regarding 'anointment with clarified butter' and other details would not be applicable to the case of 'authorisation' by the impotent or invalided husband ; because the text that lays down that rule uses the term ' widow'—' He who has been authorised in regard to the widow etc.' (Verse 60). For these reasons, just as the preceding sanction, so the subsequent prohibition also, should be taken as free from all limitations. And thus the sphere of application of both being the same, we must take the case as being one of option. This option is possible only in view of the obligatory character of the injunction regarding the begetting of children; the case being analogous to the option bearing upon the 'holding' and 'not holding' of the Shodashi Cups. If, on the other hand, the injunction of begetting a son were regarded as consisting in such assertions as 'by means of a son one wins heaven', and so forth, (where the act of begetting a son is put forwnrd as loading to a attain desirable result), the effect of one having no children would only he the non-performance of the after-death rites. So that the results of the two acts (begetting of a child by 'authorisation' and not begetting a child by that method) would be totally distinct; and under the circumstances, whence could there be any option? It is only when the sanction and the prohibition both bear upon the same object that there can be option; as is the case with the 'holding' and 'not holding' of the Shodashi Cups.

It has already been pointed out that when an act is done along with all its subsidiary details, its results are fuller than what they are when it is done without those details; but so far as the accomplishment of the main act itself is concerned, there is no difference. So that in this case the only effect would be that the man not having recourse to the practice would fail to obtain the benefits that would be conferred by the son; and if he has recourse to the practice with a view to obtaining those special benefits, then he would be transgressing the prohibition, and his act would stand on the same footing as the performance of the Shyena sacrifice (which is performed for the special purpose of obtaining the death of the enemy, and involves the transgression of the prohibition of all killing).

"In connection .with this object, the following point deserves to bo considered in regard to the man who is 'authorised' (to have connection with the 'widow')—Why does he have recourse to the act? There is no such injunction for him as that 'when one is authorised he should have intercourse with the widow'; as there is for the woman, in the form of (he text (59)—' the woman, being duly authorised, etc.' It would not be right to argue that—"since the 'authorisation' of the woman can be accomplished only when her younger brother-in-law-or some other male relation would also act, the action of those latter also is implied by that same injunction (which proscribes tho 'authorisation' of the woman),—since what is desired by thoewomen is tho Kshetraja son (and this cannot be obtained without the action of the male)."

"This cannot be right, because the action of the male might proceed from carnal desire also.

"If the injunction did not imply the action of the male, there would be no sense in tho rules laying down anointing with clarified butter and other details.

"Those rules would not bo meaningless; as meaning would be that the son can be called Kshetraja only when he is born in the manner proscribed, and in no other circumstances.

"Some people have hold that the general injunction that 'one must obey the injunction of his elders' is what prompts the male in question.

"But if this were allowed, then one would bo justified in drinking wine and doing such forbidden acts, by the wish of his elders to do so. As a matter of fact, one who would prompt the man to have recourse to such acts would not be an 'elder' at all. Then again, there is the law—'The abandoning of the elder is enjoined, if he is vain or ignorant of what should and what should not bo done, or has recourse to the wrong path'; and the 'abandoning' meant hero can only consist in ceasing to work for the elder.

"This same reasoning does away with tho following view also:—'The assertion, (in (63) that by acting contrary to the rules relating to the details of the practice of 'authorisation,' the parties concerned become outcasts, implies the sanctioning of the action of both, in accordance with those rules. Otherwise, if the action of the man involved the penalty of outcasting in all kinds of intercourse, there would bo no point in the declaration that he becomes an outcast under the special circumstances (of acting contrary to tlie rules).'

"Then again, the idea, that—'in the case of there being no transgression of the rules the man alone becomes an outcast, whereas, when there is transgression of them, both parties become outcasts'—is also derived from the indicative power of the texts themselves.

"Thus then, the action of the yonger brother in-law and other male relations has got to be explained (and justified)."

Our explanation is as follows:—Judging from the instance of Vyâsa and others, it has to be admitted that, in the begetting of the ' Kshetraja,' son, if one acts according to the behests of his elders, there can be nothing wrong in it. In the case of Vyâsa and other great men, their action can never be regarded as having been prompted by carnal desire. Then, as for the argument that " the assertion that the parties become outcasts if they transgress the rules, is indicative of the act of the male",—this cannot be right ; for, if the male became an outcast, then, the son born of him would not be entitled to the performance of any rites; so that the begetting of the child would be absolutely futile. From all this, it follows that there is just a semblance of an injunction for the action of the younger brother-in-law or other male relations."

[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 Mitâksarâ (2,136), as prohibiting niyoga;—again under 2. 127, to the same effect, where Bâlambhattî adds that 'anyasmin' means 'other than the husband.'

It is quoted in Vîramitrodaya (Samskâra, p. 737), which remarks that the term  'vidhavâ ' here stands for the woman, whose husband has died after the marriage has been performed; —then it seeks to reconcile the apparent contradiction between verses 59 and 60 (permitting Niyoga) on the one hand, and verses 64-68 (forbidding it) on the other; the sanction is meant for the girl who is widowed after verbal betrothal, before marriage; while the prohibition applies to one who is widowed after marriage ; this, it adds, is made clear by verse 65, which refers to the 'mantras recited during the marriage-ceremony'. It concludes therefore that there is no room for any doubts regarding the opinion of Manu, adumbrated in Mitâksarâ.

It is quoted in Nrsimhaprasâda (Vyavahâra, 38 a);— in Smrtichandrikâ (Samskâra, p. 226), which says that this prohibition is meant for the Kali-age."

[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 64-68:

"These verses flatly contradict the rules given in the preceding ones. But it by no means follows that they are a modern addition. For the same view is expressed by Âpastamba II,27,2-6, and was held according to Baudhâyana II,3,23, by Auparajandhani. Moreover the Brhaspati Smrti states expressly (Colebrook IV, Dig. CLVII) that the contradictory statement occcured in the Mânava Dharmashâstra, known to its author."

[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).  -- z. St.]

65. Nicht wird in den die Hochzeit betreffenden vedischen Versen Beauftragung (niyoga) verkündet; nicht wird in der Vorschrift zur Hochzeit die nochmalige Hochzeit einer Witwe genannt.

Aber Rgveda 10.40.2 erwähnt niyoga:

"2. Wo sind wohl am Abend, wo am Morgen die Ashvins, wo halten sie Einkehr, wo haben sie gewohnt? Wer nimmt euch beide auf sein Lager wie die Witwe den Schwager und auf euren Platz wie das Mädchen den Bräutigam?"

[Übersetzung: Älteste indische Dichtung und Prosa : vedische Hymnen, Legenden, Zauberlieder, philosophische und ritualistische Lehren / hrsg. von Klaus Mylius. -- Leipzig : Reclam, 1978. -- (Reclams Universal-Bibliothek ; Bd. 729 : Belletristik). -- S. 58]

Sâyana erklärt so: "Wie die Frau, deren Gatte gestorben ist, den Mannesbruder zum Lager führt."

Medhâtithi z. St.:

"' Udvâha' marriage,' is a rite and the sacred texts used at that rite—such as:

  1. Aryamanannu devam kanyâ agnim ayaksata
  2. Mayâ patyâ jaradastih
  3. Mayâ patyâ prajâvatî, and so forth,

—in all these, it is clearly stated that ownership over the woman helongs to the person that marries her; and nowhere among them is there any such assertion as 'beget a child from a man in regard to whom you are authorised by me'.

What the text means by mentioning the 'mantra-text' is that, even Mantra-texts and Declamatory Texts do not contain any indications of the injunction of the practice. This is further explained.—' The marriage of widows is not mentioned in the injunction of marriage.' 'Marriage' here stands for intercourse. If the act of the brother-in-law having intercourse with his widowed sister-in-law were a regular ' marriage,' then, the practice of 'niyoga'  ' authorisation', would be the same as 'Marriage'; and as such, it would be fully enjoined by some such injunction as ' the brother-in-law shall marry his sister-in-law.' As a matter of fact, however, there is no such injunction at all.

This is a declamatory supplement to what has gone before."

[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.]

66. Dies [niyoga] tadeln wissende Zweimalgeborene als Gesetz der Tiere. Auch unter den Menschen wurde es verkündet, als Vena das Reich regierte.

"VENA. Son of Anga, and a descendant of Manu Svâyambhuva. When he became king he issued this proclamation :—

" Men must not sacrifice or give gifts or present oblations. Who else but myself is the enjoyer of sacrifices? I am for ever the lord of offerings."

The sages remonstrated respectfully with him, but in vain; they admonished him in stronger terms; but when nothing availed, they slew him with blades of consecrated grass. After his death the sages behold clouds of dust, and on inquiry found that they arose from bands of men who had taken to plundering because the country was left without a king.

As Vena was childless, the sages, after consultation, rubbed the thigh (or, according to the Harivansa, the right arm) of the dead king to produce a son, From it there came forth "a man like a charred log, with flat face, and extremely short." The sages told him to sit down (Nishîda). He did so, and thus became a Nishâda, from whom "sprang the Nishâdas dwelling in the Vindhya mountains, distinguished by their wicked deeds." T

he Brahmans then rubbed the right hand of Vena, and from it " sprang the majestic Prthu, Vena's son, resplendent in body, glowing like the manifested Agni"

The above is the story as told, with little variation, in the Mahâbhârata, the Vishnu and Bhâgavata Purânas, and the Harivansa.

The Padma Purâna says that Vena began his reign well, but fell into the Jaina heresy. For this the sages pummelled him until the first of the Nishâdas came forth from his thigh and Pnthu from his right arm. Being freed from sin by the birth of the Nishâda, he retired to a hermitage on the Narmadâ, where he engaged in penance. Vishnu was thus conciliated, and granted him the boon of becoming one with himself. "

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

Medhâtithi z. St.:

"This also is a declamatory supplement to the prohibition of 'authorisation'. The ' ignorant' men, who do not know the scriptures, and who do not understand that the indicative power of the texts points to something entirely different,— 'introduced' 'this bestial practice' which is most 'reprehensible' ' among men also'; and this was done not during modern times, but ' during the time that Vena'—the fust king—' was ruling over his kingdom'—looking after his realm.

"It has been said that there are no sacred texts indicative of prevalence of this practice."

Not so; what was said was that there was no such indicative in the texts recited at marriage; in other texts there certainly are words indicative of it; for instance, there is the mantra—' Ko vâ sa putro vidhavava devaram mayâ nu doso krnute sadhastha' (Rgveda, 10,40,2),—which means ' who is the woman that invites you Ashvins to her bed in the manner in which the widow invites to her bed her younger brother-in-law,—that you do not come up ? '

"But what peculiarity is there in the mantras used at marriage (that capital is made of there being no indication in them of the practice in question) ?"

What is meant is that the texts connected with marriage are more nearly connected with the subject of the begetting of children.

Others read 'vidvadbhih' (for 'avidvadbhih '); and the meaning of this would be—'This practice, of having intercourse with the brother's wife, which is fit for beasts, has been declared by the learned to be reprehensible, for men,—and it was introduced during the reign of King Vena,'"

[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.]

67. Er, der vormals als herausragendster der königlichen Rshis die ganze Welt regierte,  bewirkte mit von Begierde zerstörtem Herzen die Vermischung der Stände.

Medhâtithi z. St.:

"'Possessing'—ruling over.

"When the King brought about the confusion of castes, how can he be called the chief of royal sages? "

The answer is that possessing the whole Earth, he was a great King, but he had his ' mind'—mental equanimity—'beset'—destroyed—'by lust'—in the shape of carnal desires and so 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.]

68. Seither tadeln die Heiligen den, der aufgrund seiner Verblendung eine Frau, deren Gatte gestorben ist, beauftragt mit der Zeugung von Nachkommenschaft.

69. Eine Jungfrau, deren Gatte stirbt nachdem mit Worten das Eheversprechen gegeben wurde, diese mag ihr eigener Schwager nehmen in folgender Weise:

"This verse is quoted in Mitâksarâ (1. 09), as enunciating the view that the sanction of the ' kshtraja' son pertains only to those cases where the bridegroom has died after the verbal betrothal ;—again under 2. 127, as describing the case in which alone ' niyoga ' is permissible;—and it adds that this verse implies that the man to whom a girl has been betrothed has become her ' husband' even before the marriage rites have been performed.

Mitâksarâ adds the following notes:—When the ' husband' to whom the girl has been betrothed dies, then his ' own' i.e., uterine brother, elder or younger, ' vindeta' shall take her, i. e., marry her. It construes ' anena vidhânena' with the next verse.

It is quoted in Smrtitattva (II, p. 129), to the effect that the child born under this rule belongs to the person to whom the girl had been. previously betrothed;—in Aparârka (p. 78), which also notes that this verse serves to restrict the sanction of ' niyoga ' or of ' marriage of widows ' to cases of mere betrothal, not of actual marriage;—in Parâsharamâdhava (Vyavahâra p. 351), to the same effect; and it adds that for this reason the foregoing conflicting verses 59-68 should not be understood as setting forth two optional alternatives;—and in Vîramitrodaya (Samskâra, p. 737), to the effect that ' niyoga ' does not mean mere intercourse, without marriage, it means marriage and then intercourse ;—and again on p. 750, as laying down the marrying of the girl by her younger brother-in-law, on the death of her (betrothed) husband."

[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 69 - 70:

Vashistha (17.72-74).—' If the betrothed of a maiden die after she has been promised to him verbally and by a libation of water,__but before she was married to him with the sacred texts,—she belongs to her father alone. If a damsel has been abducted by force, and not wedded with the sacred texts, she may lawfully be given to another man ; she is even like a maiden. If before the death of her husband, the damsel had merely been wedded with the sacred texts, and the marriage had not been consummated, she may be married again.'

Katyayana (Vîra-Samskâra, p. 739).—' If a man should die or become lost after betrothal, the girl shall wait for three menstrual periods and then marry another person.'

[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.]

70. Wenn er vorschriftsgemäß gegangen ist zu ihr, die weiß gewandet und in ihren Gelübden rein ist, sollen  sie sich gegenseitig lieben, je einmal bei jeder Periode bis zur Geburt eines Nachkommen.

Periode: siehe Manu III, 45-48. danach dauert die Periode 16 Tage ab Beginn der Monatsblutung, an den ersten vier Tagen nach Beginn der Blutung ist Geschlechtsverkehr verboten, ebenso der 11. und 13. Tag. An geraden Tagen empfängt die Frau Söhne, an ungeraden Töchter.

Da der Eisprung 14 Tage vor dem Beginn der Monatsblutung liegt, ist bei dieser Bestimmung der fruchtbaren Periode Fruchtbarkeit "garantiert" für einen Abstand der Monatsblutungen von 19 bis 30 Tagen. Die verbotenen Tage (11. und 13.) verbessern die Wahrscheinlichkeit für Geschlechtsverkehr am 12. und 14. Tag, d.h. die Empfängniswahrscheinlichkeit bei einem Zyklus von 28. Tagen (die Lebensdauer der Spermien in der Frau beträgt ca. 3 Tage). Diese Bestimmungen sind als sozusagen positiver Einsatz von Knaus-Ogino.

Abb.: "Graphische Darstellung für die Berechnung der fruchtbaren Tage nach OGINO bei 26- bis 30tägigen Zyklusintervallen; gelbe Kästchen: maximale Lebensdauer der Spermien; blaue Kästchen: »Ovulationstermin«; a) 26tägiges Zyklusintervall: fruchtbare Tage vom 8. bis 15. Zyklustag; b) 30tägiges Zyklusintervall: fruchtbare Tage vom 12. bis 19. Zyklustag. Der untenstehende Pfeil #(pfb) gibt die fruchtbaren Tage für Zyklusintervalle von 26 bis 30 Tagen an = 8. bis 19. Zyklustag" [Quelle für Text und Bild: Roche Lexikon Medizin. --  4.Auflage. -- München :  Urban & Fischer Verlag, ©1984. -- Online: http://www.gesundheit.de/roche/ro20000/r20172.html. -- Zugriff am 2003-12-16]

Medhâtithi z. St.:

"'According to rule'—in accordance with the rules laid down in the scriptures.

'Has espoused her.'—This would be 'espousal' or 'marriage' only in name; as the maiden in such a case would ho called a 'punarbhû' 'a remarried widow'; and even though married, she could not be a ' wife' (in the real sense of the term); her marriage, which is nominal, being only for a definite purpose. That this is so is shown in the next verse—' Having given away his daughter to one man, one shall not give her to another'—which means, that she should not be given to her younger brother-in-law either; and when she is not given away —and as such does not become the property of the man—-how could she ho his 'wife'?

'Clad in white garments ';—this is a rule that is to be observed by the man approaching the woman; it is to bo observed also in other cases of 'authorisation.'"

[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 along with 69 in Mitâksarâ (2. 127), which adds the following notes:—'Yathâvidhi,' in accordance with the scriptures ,—' adhigamya ', having married,—'anena vidhânena' (of the preceding verse) i. e., 'besmearing himself with clarified butter, with speech held in chock and so forth,—'shuklavastrâm shucivratâm,' with her mind and body under full control,—' mithah' in secret,— shall approach her once during each course, till conception takes place. It proceeds to declare that all this does not make the woman the actual ' wife' of the brother-in-law ; hence the child born of this union belongs to the real (i.e., the former) husband;

—Bâlambhattî adds that the action of the brother-in-law is purely for the purpose of providing a child for his dead brother ; it goes on to add the following notes :—-Kullûka Bhatta remarks that the fact of the child born of the intercourse here sanctioned belonging to the dead betrothed is clear from the restriction imposed, that there is to be intercourse only once during the course, and that also only until conception takes place.—Having thus stated the view of the older writers, Bâlambhâttî enters into a long discussion and comes to the conclusion that the sanction of remarriage must refer to a regular widow—who loses her real husband after full marriage, and not only after betrothal; and it naively remarks that the opinion of the older writers is due to prejudice against ' niyoga' by reason of its having been forbidden during the Kaliyuga.

It is quoted in Smrtitattva (II, p. 129), which also quotes Kullûka Bhatta's remark (quoted in Bâlambhattî above). It goes on to add that what is here laid down should be done only if the woman concerned is willing to do it, not otherwise; as is clearly declared by Vashistha."

[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.]

71. Wenn er eine Jungfrau einem Mann gegeben hat, soll ein weiser Mann sie nicht nochmals vergeben. Wenn er sie nochmals vergibt, wird er des Betrugs an einem Mann schuldig.

Medhâtithi z. St.:

It has been declared 'that consummation of it is to be understood as occurring at the seventh step' (8.227). People may be inclined to the notion that if the bridegroom dies before this point has been reached, the girl may be given away to another man ; it is this notion that the present text precludes.

This prohibition has been repeated here, in view of the special circumstances herein mentioned; as a matter of fact, the girl married after betrothal has been already declared to be a ' remarried widow.'

When the girl has been betrothed, given away, to one man,—if he happens to die—she shall not be given to another. By doing this the father incurs the guilt of 'fraud towards men ';—i.e., he incurs the same guilt that would be incurred by the kidnapping of a human being."

[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.]


Visnu (5.160-161).—' He who, having promised his daughter to one suitor, marries her to another, shall be punished as a thief, unless the first suitor have a blemish.'

Yajnavalkya (1.65).—' A girl is betrothed but once ; if the father takes her away after that, he should suffer the punishment of a thief; but he may take her away from the man to whom she has been betrothed, if a superior suitor happens to turn up.'

Narada (12-30).—' Should a more respectable suitor, who appears eligible in point of religious merit, fortune and amiability, present himself,—after the nuptial fee has already been presented by a former suitor,—the verbal engagement previously made shall be annulled.'

(See texts under 47.)

[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. Rückgabe der Braut

72. Auch wenn er regelgemäß ein Mädchen entgegengenommen hat, darf er sie verlassen, wenn sie einen Tadel hat, krank oder schlecht ist, oder wenn sie unter Betrug verheiratet wurde.

Medhâtithi z. St.:

"' Form '—as prescribed in the scriptures; what is done in accordance with this—i.e., as laid down in 3.35 et-seq, —where the use of water lias been held by some to be meant for the case of maidens.

"When one has, according to this form, accepted a maiden,-—he may ' repudiate her '—before marriage is done.

'Blemished'—disfigured by evil bodily marks, not perceived before. Even though she may have been accepted, and be very handsome, yet if she be found to be wanting in modesty, or harsh of tongue.

' Diseased '—suffering from consumption.

' Corrupted '—one who is known among men as suffering from an incurable disease, or as being in love with another man.

Such a girl one may repudiate.

Some people have explained ' viprndushtâ ' as ' deflowered'.

This however is not accepted by others as right. So long as the girl has not been enjoyed by a man, and as such remains a  maiden,' she cannot be regarded as ' corrupted'; and after she has been enjoyed, she is no longer a 'maiden'; so that in this case there could be no sense in the assertion
that ' one may repudiate the corrupted maiden' And the abandoning of the 'deflowerd' girl has been already laid down before (under 8.226).

' Betrothed by deception '—actually wanting in limbs, or having superfluous limbs.

Since the text mentions the presence of defects as the ground for repudiation, it follows that even in the presence of such minor defects as are not mentioned here,—one may abandon the girl, even after betrothal."

[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 72 - 73:

Visnu (5.162).—' The punishment of a thief is ordained for a suitor abandoning a girl after betrothal, if she is free from blemish.'

Yajnavalkya (1.66).—' If a man gives away a girl without mentioning her defects, he should be fined with the highest  amercement ; but the man that abandons a faultless girl betrothed to him should be punished ; and if he falsely attributes defects to her, he should be fined one hundred.'

Narada (Apararka, p. 96).—'After having accepted a maiden free from defects, if the man abandons her, he should be punished; and even though he may desire another maiden he should marry the same former maiden.'

Narada (Vira-Samskara, p. 745).—' One shall not find fault with a faultless bride, or with a faultless bridegroom ; but if the fault is there, there is nothing wrong in mentioning it and abandoning one another.'

Katydyana (Do.).—'If a man marries a girl without proclaiming his own defects, or asks for her hand, he shall not obtain her, even though she may have been betrothed to him. In the same manner if the girl is subsequently found to have defects, the giver of her shall be punished.'

[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.]

73. Wenn jemand ein mit einem Fehler behaftetes Mädchen zur Frau gibt, ohne diesen Fehler genant zu haben, dann kann man dieses Eheversprechen des bösen Gebers des Mädchens nichtig machen.

Medhâtithi z. St.:

"The defects oi: the maiden have been already described. If a man gives her away without declaring those defects,—one may 'annul'—render null and void—that 'act'—of giving— by returning the gift.

This, though already laid down in tho preceding verse, has been made still clearer by the present one."

[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.]

6. Pflichten eines Mannes, der von zuhause abwesend ist

74. Ein Mann, der etwas zu erledigen hat, mag von zuhause abwesend sein, nachdem er für den Lebensunterhalt seiner Frau vorgesorgt hat. Eine von Mangel an Lebensunterhalt überwältigte Frau verdirbt nämlich wahrscheinlich, auch wenn sie sonst standhaft ist.

Medhâtithi z. St.:

"All that is meant by the injunction here put forth is that whenever a man goes abroad, he should do so after having made provision for his wife's subsistence; the form of the injunction being—'one going abroad should make provision for the subsistence of his wife'; that is, he should so arrange it that during the time that he is away, she shall be supplied with means of sustaining her body, with food, clothing and other household requisites.

Having provided for all this, he shall ' go abroad', i.e., go away to foreign lands.

' Having business'—'Business* stands for the man's purpose, visible (temporal) as well as invisible (spritual); the latter consisting in 'merit' and the former in ' wealth' and ' pleasure.' This same idea is going to be set forth again (in 70)—'If the man has gone abroad for the purposes of merit, etc.'

This text forbids journeying abroad and leaving the wife behind, in the absence of some such purpose as those herein mentioned.

' Distressed by want of subsistence'—This points out a visible harm likely to arise; and is a purely declamatory assertion. ' Distressed'—troubled—'by want of subsistence'—by poverty.

' May become corrupt'—by intercourse with other men.

'Even though virtuous.'—'Virtue' stands for the customs and ways of the family; and she who keeps up these is ' virtuous'.

It is quite likely that through hunger and other forms of privation, the distressed wife may fall into corruption, and maintain herself by betaking herself to another 'husband.' The aflix in 'pradushyet' indicates likelihood."

[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 74 -75:

Visnu (25.9-10).—' She shall not decorate herself with ornaments while her husband is absent from home ;—nor resort to the houses of strangers.'

Yajnavalkya (1.84).—' Amusements, ornamenting the body, visiting social gatherings and festivals, visiting other's houses—these should be avoided by the woman whose husband has gone abroad.'

Shankha-Likhita (Apararka, p. 108).—' Swinging, dancing, amusements, picture-seeing, applying cosmetics, visiting gardens, going out in conveyances, sitting in exposed places, rich food and drink, sporting with balls, perfumes, garlands, ornaments, polishing of teeth, collyrium, and toilet,—all these should be avoided by women whose husbands have gone abroad.'

Brhaspati (25.9-10).—'While her husband is absent, a woman must avoid decorating herself, as well as dancing, singing, public spectacles or festivals and meat or intoxicating drinks.'

Harita (Do., p. 440).—' During the absence of her husband, the woman shall not adorn herself, nor unbind her hair.'

[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.]

75. Wenn ihr Gatte außer Haus wohnt nachdem er für ihren Lebensunterhalt vorgesorgt hat, soll sie zurückhaltend leben. Wohnt er aber außer Haus ohne für ihren Lebensunterhalt vorgesorgt zu haben, soll sie von untadeliger Handarbeit leben.

Medhâtithi z. St.:

"'Restraint'—such as, avoiding the house of others, in the absence of her husband, as she does when he is present.

'Devoted'—fixed, observing.

When he has gone without making provision for her, she should subsist by industries ;—such as, spinning, lace-making and the like. The 'objectionable' industries are the making of fans and such things.

These are the means of subsistence for widows, depending upon their own labour."

[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.]

76. Auf einen Mann, der außer Haus wohnt, um eine religiöse Pflicht zu erfüllen, muss sie acht Jahre lang warten, auf einen, der außer Hauses ist um Wissens oder Ruhmes willen, sechs Jahre lang, auf eines der außer Haus ist um der Liebeslust willen, drei Jahre lang.

Medhâtithi z. St.:

"It has been said that a man may go ahroad 'on business'; the present verse proceeds to show the several kinds of 'business,'—the time of waiting varying with the nature of the business.

The text has said nothing as to what the wife should do after having waited for the eight years. And on this point, some people on the strength of context, say that she should maintain herself by unobjectionable industries.

This however is not right. Because, if the maintaining of herself by unobjectionable industries referred to the time after the eight years of waiting,—then, before the lapse of that time, is she to die ? Suicide is not considered desirable for her, just as it is not for the man ; being, as it is, forbidden for all. Hence, the conclusion appears to be that before the lapse of the said time she shall maintain herself by unobjectionable industries ; but after that she may have recourse to objectionable ones also.

Others hold that after the said time, the woman may deviate from chastity ;—as says another Smrti text— ' When the husband is lost, or dead, or become a renunciate, or impotent, or an outcast—in the event of these live calamities another husband is permitted for women' (Parâshara).

Others again hold the following view :—Even in ignorance, it is not open to the woman to renounce her chastity. In fact, it has been laid down among the duties of women (under 5.156) that 'on the death other husband she shall not even utter the name of another man' ; so that deviation from chastity is not permissible even on the death of her husband,—what to say as to when he has only gone abroad. As regards the Smrti-text quoted, the word ' pati, ' husband' is used there in the sense of protector, just as in the case of such terms as 'grâmapati' 'senâpati ' and so forth. So that all that tho present txxt means is that—' she should no longer remain dependent upon her husband, she may undertake the work of the toilet-maid or some such thing, under another man who would give her food' ; and when she has entered into a contract for such service extending over six months, or a year,—if the husband happen to turn up and claim her, asking the employer to give her up,—he can claim her restitution, before the lapse of the eight years ; as before that she belongs to her husband.

Other matters relating to this subject have been fully dealt with under Discourse V.

his same view has been accepted by many others also.

Other people, however, hold that the text sanctions recourse to the life of the ' remarried widow' (after the lapse of the time mentioned). If a woman is abandoned by her husband,—or if her husband, after having made provision for her, does not return during the said time, and she is as good as abandoned by him,—-then, she may be married by another man, according to the practice of ' widow remarriage'; and if the former husband happen to return after, that, he can say nothing, and she shall continue to be the wife of the second husband.

This however is not right ; since 'neither by sale nor by repudiation is the wife released from her husband' (Manu 9.40) ; and the uses of this text we shall explain later on.

'For a sacred duty'—The compound ' dharmakâryam' boing explained as a karmadhâraya—' dharma'—'sacred'—'kârya'—duty ; and that which is for purposes of this is 'dharmakâryârtham'.

Objection —''For the house-holder, wherefore should there be any protracted journey abroad for a sacred duty ? It is incumbent upon him to attend upon the Fires, to perform the Five Sacrifices. How too can he remain away during the spring season? Since he has got to perform the Jyotish-sacrifice during the spring. Even such acts as bathing in sacred places and the like, which are enjoined by Smrti texts, have to be performed by him only so long as they are compatible with those laid down by Shruti texts. These could not he possible even for one who has gone abroad after having made arrangements for the maintenance of the fires and other such Shrauta rites. Since it has been laid down that 'journeys, after proper arrangments during absence, are permissible only till the next New or Full Moon'; and it has also been declared that 'on the New or Full Moon Day the man shall pour the libations himself.' Even for one who has not laid the Fires, if pilgrimages were undertaken,—even though these and the performance of the Five Sacrifices would stand upon the same footing, both being laid down by Smrti texts,—yet as both the acts are laid down as to be done by him along with his wife, there should be no pilgrimage if the wife were left behind."

Our answer to the above is as follows :—What is said here refers to the commands of one's elders;—i.e., to the case where the man is sent out by his elders, either for acquiring merit, as for attendance upon the king or on some business of their own,—this going abroad would be 'for a sacred duty.'

Or, it may refer to the performance of such Expiatory Rites as consist in wandering about hermitages and such places.

Or, 'for sacred duty' may stand for the acquiring of wealth,—the man being poor and seeking to earn wealth by some means.

' Or for the sake of learning.'—

Objection—" But the taking of a wife is possible only after one has taken the Final Bath, which is possible only for one who has completed his studies and already acquired learning; wherefore then could there be any possibility for a married man to seek for learning ?"

It has been already explained that even after learning a little of what is contained in the Veda, a man becomes entitled to marry, and also to the Final Bath and other Ceremonies.

"This cannot be right; there is Final Bath only after the 'enquiry into Dharma' has been completed; and 'enquiry ' consists in " coming to a definite conclusion after due consideration and clearing of doubts.''

True; but the present text does not contain the injunction that 'one should seek for learning.' If it were so, then it would be already included under the 'purpose of sacred duty'.

 Then again, even though the man may have acquired sufficient learning to entitle him to Bath and Marriage, yet it would be open to him to seek for further proficiency and practice, specially in the new sciences.

Journey is said to be ' for fame', when one goes abroad for advertising his bravery or learning.

'For pleasure',—for instance, when one follows a prostitute; or goes about seeking for a more desirable wife.

Another Smrti text lays down the period of time in reference to the children born:—Says Vishnu—'The Brâhmana shall wait till eight children are born, the Kshatriya six and the Vaishya four.'

There is no time-limit in the case of Shûdras. But some people declare the limit in their case to be one year."

[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.]


Narada (12.98-101).—'Eight years shall a Brahmana woman wait for the return of her absent husband; or four years, if she has no issue ; after that she may betake herself to another man. A Kshattriya woman shall wait six years; or three years if she has no issue ; a Vaishya woman, for three years if she has issue; otherwise, two years. No definite period is prescribed for a Shudra woman, whose husband has gone on a journey. Twice the above periods is ordained for cases where the absent husband is alive and tidings are received of him. The above rules have been laid down for those cases where a man has disappeared. No offence is imputed to a woman if she goes to live with another man after the fixed period has elapsed.'

Gautama (18.15-17).—' A wife must wait for six years, if her husband has disappeared. If he is heard of, she shall go to him. But if the husband has become a Renunciate, his wife must refrain from intercourse with men. The wife of a Brahmana who has gone abroad for study must wait for twelve years.'

Vashistha (17. 75-80).—' The wife of an emigrant shall wait for five years. After five years have passed, she may go out to seek her husband. If, for reasons connected with spiritual or pecuniary matters, she be unwilling to leave her home, she must behave in the same manner as if her husband were dead. In this manner a Brahmana woman with issue shall wait five years, and one having no issue, four years ; a Kshattriya woman with issue, five years, and one without issue, three years ; a Vaishya woman with issue, five years, and one without issue, two years ; a Shudra woman with issue, three years and one without issue, one year. After that, she shall live among those who are united with her husband, in interest, or by birth, or by the funeral cake, or by water-libations, or by descent from the same family,—each earlier named person being more venerable than the following one. But while any member of the family is living, she shall never go to a stranger.'

[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.]

7. Der Widerspenstigen Zähmung, Überheiratung, Trennung

77. Ein Jahr lang soll ein Mann eine ihn hassende Frau aushalten. Nach einem Jahr aber mag er ihr ihren Besitz nehmen und die Wohngemeinschaft mit ihr beenden.

Medhâtithi z. St.:

"'Hating'—she who hates her husband.

The meaning of the verse is that he shall not turn her out of the house. Though the use of the root 'vas' with 'sam' is not compatible with the Accusative ending in ' enam '; and ' samvaset' ' co-habit ', would stand for 'samvâsayet, ' allowed to live with him ',—yet it should be taken to mean ' chiding'. Even in the case of grievious sins, the woman is not to be turned away, since it has been laid down that 'she is to be kept imprisoned in one room'; similarly, in the case of expiatory rites in connection with such sins.

The confiscation of her property also is for the purpose of bringing her to her senses-; and it does not mean absolute taking away of all her belongings."

[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 77 und 84:

Narada (12. 92-95).—' The woman who wastes the entire property of her husband under the pretence that it is her own stridhana, or who procures abortion, or who makes an attempt on her husband's life,—the King shall banish her from the town. One who always shows malice to him, or makes unkind speeches, or eats before her husband,—he shall expel from his house. Let not a husband show love to a barren woman, or to one who gives birth to female children only, or whose conduct is reprehensible, or who constantly contradicts him ; if he does love conjugal intercourse with her, he becomes liable to censure himself. If a man forsakes a wife who is obedient, sweet-spoken, skilful, virtuous and the mother of male issue,— the King shall make him mindful of his duty by inflicting severe punishment.'

Yajnavalkya (1, 73).—' One who drinks wine, or is diseased, or guileful, or barren, or destructive of wealth, or harsh-tongued, or brings forth only female children, or bears malice towards her man,—shall be superseded.'

Apastamba (Apararka, p. 100).—' So long as one's wife is endowed with virtue and offspring, one shall not take to another wife ; if she be wanting in either of the two, he shall take to another.'

Bodhayana (2. 4-516).—'Let him abandon a barren wife in the tenth year ; one who bears daughters only, in the twelfth ; one whose children all die, in the fifteenth ; but her who is quarelsome, without delay.'

Bodhayana (Vivadaratnakara, p. 425).—' If she does not attend upon him, or is barren or inimical to her husband,—such a wife the wise men always abandon ; as also one who talks hurriedly and harshly.'

Visnu (Vivadaratnakara, p. 423).—'He who forsakes a faultless wife should be punished like a thief.'

Devala (Do.).— ' There is no expiation for the man who forsakes his wife, through folly and unjustly, and thereby abandons his duty and also progeny ; but he may abandon her if she is leprous or outcast or barren, or insane or with menstruation disorganised, or inimical towards himself.'

Vashistha (Do.).—' One who is averse to sexual intercourse, or to pilgrimage, or to the performance of her duties, or who has intercourse with a disciple or an elder,—these four kinds of wife should be abandoned ; specially one who is prone to injure her husband.'

Harita (Do,).—' He shall avoid a wife who destroys her embryo, has intercourse with lower castes, or with his disciples and sons, or is addicted to vicious habits, or is in the habit of wasting money and grains.'

Harita (Vira-Samskara, p. 373).—' The childless wife should be abandoned in the ninth year ; one who loses her children, in the tenth year; one who gives birth to daughters only, during the eleventh year ; and one of harsh words, immediately.'

Shankha-Likhita (Vira-Samskara, p. 872).—' One shall supersede a wife who is habitually unpleasant or inimical towards men, or disagreeable.'

Devala (Do.).—' If a wife gives birth to too many children, the husband shall wait for eight years ; if she is barren and otherwise defective, ten years ; if she gives birth to daughters only, for twelve years,—and then, desirous of male issue, he shall take another wife in the lawful manner.'

Brahmapurana (Parasharamadhava—Achara, p. 508).— ' If the wife is one that puts obstacles in the way of the performance of religious acts, or is unchaste, or is very much diseased,—the husband shall abandon her, for the preservation of his righteousness ;—if she is harsh of speech, he shall not abandon her, but supersede her ; nor shall he give up having intercourse with her.'

Daksa (Apararka, p. 113).—' If the first wife, who is the wife-in-law, becomes faulty, then alone he shall take another wife with better qualities.'

[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.]

78. Eine Frau, die gegenüber ihrem pflichtvergessenen, betrunkenen oder kranken Mann ihre Pflicht verletzt, soll dieser ihren Schmuck und persönlichen Besitz nehmen und für drei Monate verlassen.

Medhâtithi z. St.:

"'Disregarding' means neglect of his service, omitting to look after his medication and diet; it does not stand for having recourse to another man.

The 'abandoning' for three months also stands only for the omitting of endearing caresses, etc., for reasons already given.

She shall be deprived of 'ornaments' such as necklaces, bracelets and so forth ;—' and of appurtenances '— such as vessels, water-jars, slaves and slave-girls, etc., etc."

[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.]

79. Wenn eine Frau ihren wahnsinnigen, aus dem Stand gefallenen, impotenten, samenlosen oder schwerkranken Mann hasst, dann darf sie nicht verlassen werden und ihr persönlicher Besitz darf ihr nicht weggenommen werden.

impotenten = impotentia coeundi; samenlosen = impotentia generandi

Medhâtithi z. St.:

"' Impotent ' and ' seedless ' both denote absence of manly vigour; the only difference is that while the former indicates futility qf the seed, the latter implies total absence of virility.

If a wife shows an aversion to such a husband, she is not to suffer punishment.

' Wresting '—means confiscation. Banishment, stopping of food and such other punishments have been forbidden by other Smrti-texts."

[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.]

80. Wenn die Frau eine Säuferin ist, bösartig, widerspenstig, krank, grausam oder verschwenderisch, dann darf sie überheiratet (d.h. durch die Heirat mit einer anderen übergangen) werden.

Medhâtithi z. St.:

"'Drunkard'—addicted to drinking wine; and hence incapable of looking after cooking, and other household work. Such a woman deserves "supersession." If she persists in drinking, even after she lias been forbidden by her elders, she shall undergo the punishment laid down later on, in verse 84. For the sin of transgressing what she ought to observe, she should perform an expiatory rite; but on repetition, she shall be superseded.

Other grounds for supersession have been laid down as hampering the due fulfilment of religious rites, begetting of children and other household duties.

In the case of the Brâhmana woman, for whom wine-drinking has been forbidden by the scriptures, there is to be expiation of the sin of drinking, if the act is not repeated. She does not become an outcast, since the grounds for women being outcasts have been enumerated— ' abortion, and service of low-born men are the grounds for women becoming outcasts'—(says Gautama, 21.9.) All this we shall explain under Discourse XI; it has been dealt with under Discourse V also.

'False in Conduct '—whose conduct is not good; for instance, whose treatment of servants is harsh, who takes her food even before the religious offerings have been made, who has no faith in rites in honour of gods and pitrs, or in the feeding of Brâhmnnas and such religious acts.

' Wasteful'—who is a spendthrift, and does not take proper care of her utensils and furniture, and buys them at high prices and so forth.

'Mischievous'—who is inclined to inflict punishments for very small offences (?), and who is prone to interfere with ordinary daily expenditure (?).

'Supersession'—i.e., marrying of a wife over and above the said one."

[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.]

81. Eine unfruchtbare Frau darf man im achten Jahr überheiraten, im zehnten Jahr eine, die immer tot gebiert, im elften Jahr eine Mutter von lauter Weiber, sofort aber eine, die unfreundlich spricht.

Medhâtithi z. St.:

"The text proceeds to lay down the supersession of other kinds of wives.

Among these, the barren one should be superseded in the eighth year; in the tenth, she whose children die off.

By marrying a second wife the man shall save himself from the contingency of disobeying the injunction regarding the Laying of Fire (to which a childless person is not entitled), and that regarding the begetting of children, —to which he would be liable by reason of his wife being childless. Because, the Laying of Fire is not found to be prescribed for a sonless person.

The same holds good regarding the wife that bears only daughters; as also she whose children die off.

As regards the wife who is harsh of speech, as there is no such serious defect, there need be no supersession; and she may be forgiven."

[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.]

82. Eine hilfreiche Frau mit gutem Charakter aber, die krank ist, darf überheiratet werden nachdem der Mann sie um Erlaubnis gefragt hat. Niemals darf eine solche verachtet werden.

Medhâtithi z. St.:

"'Well-disposed'—towards her husband ; i.e., devoted to his service.

The present verse enjoins—

  1. that her consent is to be obtained, and
  2.  that she shall not be disgraced.

This applies, also to the case of the barren wife, and to that of one who bears only daughters; because, all these have been mentioned in the same context; and in none of these is there any reason why she should he disgraced.

' In no case '—never.

' Disgraced'—in the form of harsh words addressed in admonition."

[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.]

83. Wenn eine Frau, die überheiratet wird, zornig von zuhause weglauft, dann soll man sie entweder sofort einsperren oder in Gegenwart der Familie entlassen werden.

Medhâtithi z. St.:

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

' Confinement' consists in placing her in the charge of guards.

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

' Family ' —Relations, on the woman's father's side, as also those of the husband's own side."

[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.]

84. Wenn eine Frau, obwohl es ihr verboten wurde, Alkohol trinkt, selbst bei Festlichkeiten, oder zu Schauspielen und Versammlungen geht, dann soll sie zu sechs Krshnalas (6 Krishnalas = ca. 0,7 Gramm Silber) bestraft werden.

Krshnala = als Edelmetallgewicht dienende Beere von Abrus precatorius (Bengali gunja, Hindi ratti) (siehe Manu VIII; 134)

Abb.: Abrus precatorius [Bildquelle: http://www.sinica.edu.tw/~hastwww/planticon/peng.html. -- Zugriff am 2003-12-15]
"The seeds and root of the Abrus precatorius, Linné.
Nat. Ord.—Leguminosae.
COMMON NAMES.—Wild liquorice, Indian liquorice, Jequirity.
ILLUSTRATION: Bentley and Trimen, Med. Plants, 77.

Botanical Source.—A twining shrub, bearing rose-colored papilionaceous flowers, clustered in long, one-sided racemes. The shrub attains a height of from 10 to 15 feet. The leaves are compound, abruptly pinnate, borne on a short petiole, and are divided into from 20 to 30 linear or oblong leaflets of a pale-green color, glabrous, entire and obtuse. The fruit is a long, oblong, rhomboid legume, containing from 4 to 6 seeds. The pod is a little over an inch in length, and terminates in a short beak.

History.—In India the root is official as a substitute for liquorice root, though Dymock (Mat. Med. Western India) denies the statement made by Ainslie and others that the root exactly coincides with that of common liquorice, and that it is sold for that drug in the Bengal bazaars. He states that the root bears but little resemblance to the liquorice root, but that the leaves are sweeter and may yield a fairly good extract. He further says that true liquorice root can be so easily collected and is so abundant as an article of commerce in Bombay that the substitution of abrus for that drug would be both inexpedient and expensive. This plant is known in Bengal as gunj, gunja, goontch, kunch, and gurgonje, and is called ratti in Hindustan. Though varying slightly in weight, the seeds are used by the Indian goldsmiths as standard weights, 1 gunja being equal to about 1.84 gr. Troy. According to Dutt a gunja is equal to 2 grains of wheat, 3 of barley, 4 of rice, or 18 mustard seeds. Abrus seeds are the agents by which the Chamàr or "Native Skinner" caste of India carry on the felonious poisoning of cattle for the purpose of securing their hides. This is done by means of small spikes, called sui (needles) or sutari (awls), which are prepared by soaking the awl in a thin paste of the water-soaked, pounded seeds, and then drying the weapon in the sun, after which it is oiled and sharpened upon stone, affixed in a handle, and then used to puncture the skin of the animal.

Abrus has been used for centuries by the Hindus, who employ the seeds as an external application in skin affections, ulcers, and to excite artificial inflammation in fistulae. Sanskrit authors mention both the white and red seeds, and describe the root as an emetic. Mahometan writers speak of its aphrodisiac qualities. As early as 1592 Alpinus found the Egyptians using the seeds for beads, and occasionally eating them, though they considered them unwholesome as food. It is asserted that Indian singers chew the leaves of the white-seeded variety for the cure of hoarseness. The seeds, under the native name of jequiriti or quequiri, were introduced into modern medicine from Brazil, where they have long been in use among the natives as a remedy for pannus and trachoma. The shrub is indigenous to India and Brazil, and is naturalized largely throughout the tropics. The drug was introduced into England in 1862, where it excited but little attention until revived by DeWecker in 1882."

[Quelle: http://www.ibiblio.org/herbmed/eclectic/kings/abrus.html. -- Zugriff am 2003-12-15]

1 Krshnala = 1/80. Karshapana. 1 Krshnala entspricht 0,1153 bis 0, 1166 Gramm. 6 Krishnala Z 0,7 Gramm Silber

Medhâtithi z. St.:

"' Forbidden,—by elders and relations.

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

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

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

' Shows '—theatrical and other spetacles.

' Assemblies '—large crowds of men.

This fine is to be imposed upon the woman who evinces anxiety to visit 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.]

8. Rangordnung bei Vielweiberei

85. Wenn Zweimalgeborene sowohl Frauen aus dem eigenen Stand als auch niederere heiraten, dann soll Rang, Verehrung und Wohnung der Frauen der Rangordnung der Stände entsprechen.

Medhâtithi z. St.:

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

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

' The order of the caste' is that the Bâhmana-wife comes first, then the Kshattriya, then the Vaishya.

'Habitation'—i.e., the principal apartments. This belongs to the Brâhmana-wife.

Among wives of the same caste, all this is governed by the order of their marriage."

[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 85 und 87:

Visnu (26. 1-4).—' If a man has several wives of his own caste, he shall perform his religious duties with the eldest wife. If he has several wives of diverse castes, he shall perform them, even with the youngest wife, if she is of the same caste as himself. On failure of a wife of his own caste, he shall perform them with one bnlonging to the caste next below his own ; so also in cases of distress ;—but no twice-born man shall ever do it with a Shudra wife.'

Yajnavalkya (1. 88).—' So long as a wife of the same caste as himself is alive, he shall not have his religious acts done by another ; and among several wives of the same caste, the younger one shall not be employed in religious acts, except along with the eldest.'

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

[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.]

86. Den Leibdienst am Gatten sowie die täglich auszuführenden religiösen Riten, darf bei allen Zweimalgeborenen nur die Frau aus dem gleichen Stand vollziehen, keinesfalls eine nicht ebenbürtige.

Medhâtithi z. St.:

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

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

Abb.: Kasturba wäscht ihrem Mann, Mahatma Gandhi, die Füße

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

The declamatory supplement to this follows in the next verse."

[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.]

87.  Wer aber verblendet das Genannte von einer nicht-ebenbürtige Frau vollziehen lässt, während eine Gattin gleichen Standes vorhanden ist, den betrachten die Alten als Brahmanen-Candâla.

Candâla = meistverachtete Gruppe der Dalits (Outcasts)

9. Verheiratung von Mädchen

88. Man soll die Jungfrau vorschriftsgemäß einem hervorragenden, ansehnlichen, ebenbürtigen Freier geben, auch wenn sie noch nicht sexuelle Reife erreicht hat.

Medhâtithi z. St.:

"' Utkrstâya-abhirûpâiya.'—The first term qualifies the second; and the meaning is ' who is of exceptionally distinguished appearance.'

—Or, the two terms may be taken as two distinct qualifications—'utkrstâya'. meaning 'one. whose caste and other qualifications are remarkable,' and' abhirûpâya' meaning 'handsome';—the literal,signification of the term being ' rûpam âbhimukhyena prâptah,' ' who has acquired a good appearance'

—Or, ' abhirûpâya' may mean well-disposed; it is in this sense that a learned man also is called ' abhirûpa'

' Equal'—in caste and other matters.

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

' She. who has not attained'—i.e., who has no carnal desires aroused, who is still too young, not having reached the youthful age,—called ' nagnikâ ' in another Smrti-text; i.e., one in whom the sexual instinct has not arisen, who is only eight or six years old,—but, not a mere infant; as is indicated by the qualifications (elsewhere)—'one who is eight years old'.

This same qualification may also be indicative of the fact that marriage is meant to be conducive to spiritual merit. If mere Lust were the sole inducement .to marriage, wherefore could there be any marriage of the girl ' who has not attained her age' ?

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

[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 88 - 89:

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

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

Bodhayana (4.1.11).—' Let him give his daughter, while she still goes about naked, to a man who has not broken the vow of chastity and who possesses good qualities, or even to one destitute of good qualities ; let him not keep the maiden in his house after she has reached the age of puberty.'

Yama (Vira-Samskara, p. 751).—' Family, character, beautiful body, age, learning, wealth, presence of guardians,— these seven qualifications should be sought for before a girl is given away; nothing else need be considered.'

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

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

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

[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.]

89. Es ist besser, dass eine Jungfrau auch nach der Menarche bis zum Tode zuhause bleibt, als dass der Vater sie einem Mann gibt, der keine guten Eigenschaften hat.

Medhâtithi z. St.:

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

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

[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.]

90. Drei Jahre lang mag ein Mädchen nach der Menarche warten, nach diesem Zeitpunkt soll sie sich selbst einen ebenbürtigen Gatten nehmen.

Parallelstellen zu 90 - 92:

Mahabharata (13.44.15).—(Same as Manu, but reading ' svayam bhartâram arjayet' for the last foot.)

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

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

Vashistha (17.67-63).—' A maiden who has attained puberty shall wait for three years;—after three years, she may herself take a husband of equal caste.'

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

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

Narada (12.22-23).—' If no such person be in existence as should marry her, let the maiden approach the King, and let her, with his permission, betake herself to a bridegroom of her own choice, who belongs to her own caste, and is a suitable match in point of descent, morality, age and sacred learning. Let her discharge her religious duties in common with him, and bear children to him.'

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

[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.]

91. Wenn eine, die man nicht zur Frau gibt, selbst zu einem Gatten geht, so begeht sie keinerlei Sünde und auch nicht der Mann, zu dem sie geht.

Medhâtithi z. St.:

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

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

Puberty has been declared to be reached by girls when they are twelve years old."

[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.]

92. Eine Jungfrau, die selbst ihren Mann wählt, darf nicht mit sich nehmen Schmuck, den ihr der Vater, die Mutter oder ein Bruder gegeben hat. Nimmt sie ihn mit, ist es Diebstahl.

Medhâtithi z. St.:

"Ornaments that may have been given to her on previous occasions by her brother or other relations, who would be. ignorant of her desire to choose her own husband,—all such ornaments she should hand back to them. She is not to give up what has been given to her after she has actually done the act

It is only when the ornament has been given to her beforehand by persons, with the motive that she shall not be given to a particular person,—and yet it is this same person that the girl chooses for her husband,—it is not right for her to retain the gift.

' Stenah,' in the masculine form, is another reading for ' Stenâ'; in which case the ' theft' would lie upon the bridegroom ; in which case, the father should force him to give up the ornament."

[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.]

93. Wenn ein Mann eine Jungfrau nimmt, die schon  ihre Periode hat, braucht er dem Vater keinen Brautpreis geben, denn der Vater verliert seine Herrschaft über die Tochter dadurch, dass er die Periode [in ihrer Wirkung] hindert.

Medhâtithi z. St.:

"This prohibits the payment of nuptial fees in the case of the girl who has reached puberty, and who is intended to be given away for a fee; and the reason for this is that—' he would fall off from his ownership.' It is only during childhood that the girl is to live under the tutilage of her father; so that when she is taken away by a man after she has reached a higher age,—the father 's ownership over her has ceased.

Even in the case of a girl who is not intended to be given away for a fee, the father's ownership ceases,—the grounds for such cessation (i.e., the girl having reached the higher age) being equally present in her ease also.

'Falling off' means cessation.

' Thwarting '—impeding its fruition in the shape of bearing children.

Some people say that this verse does not belong to Manu."

[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.]

Abb.: Hansa and Sitaram, a bride and groom in a recent wedding ceremony in Rajasthan State, are 4 and 12 respectively. Marriages of young children are far from unusual in much of north India. [Bildquelle: http://www.anusha.com/childmar.htm. -- Zugriff am 2003-12-15]

Aus einer UNESCO-Studie von 2002:

"Age at Marriage  

Due to the poor nutritional status of the average Indian adolescent, the biological onset of adolescence may occur later compared with other developed countries. However, marriage and consequently the onset of sexual activity and fertility occur earlier in India than in other regions of the world. The system usually exerts tremendous pressure on girls to get married upon reaching menarche. Consequently, adolescent females are thrust early into adulthood, frequently soon after regular menstruation is established and before physical maturity is attained (Jejeebhoy, 1996).

Fourteen per cent of all girls aged 15-19 are married and about half of them are sexually active by the time they are 18 years old (International Institute for Population Sciences, 1995). In 1996, an average of 38 per cent of girls in the 15-19 age group were married. In the rural areas, this percentage was even higher at 45.6 per cent.

In general, the median age at marriage is 16 years but the actual range varies from state to state. In Andhra Pradesh, Bihar, Madhya Pradesh and Rajasthan, over half of the girls in the 15-19 age group are married. In Haryana and Uttar Pradesh, this percentage is about 45 per cent, whereas in Goa, Kerala, Manipur, Mizoram and Nagaland, it is less than 15 per cent.

Moreover, there is a gradual decline in the number of girls married in their teens all over the country. This trend, along with the gradual advancement in the age of menarche, longer period of schooling and increasing trend of migration has led to an extended period of adolescence."

"Knowledge, Attitude and Behaviour on Sexuality and Reproductive Health    

Most adolescents tend to be extremely unaware of their own bodies, their health, physical well being and sexuality. This is particularly true among the younger adolescents. Half of adolescents aged 12-15 years and residing in rural and urban slum areas did not know about menstruation until its onset (Rasheed et al., 1978). However, the findings of another study (Bhende, 1994) indicated that young boys have considerable interest in filling up the gaps in their knowledge. Between 11-13 years old, their interest centres on normal sexual behaviour, nocturnal emission and male/female anatomy. Among boys aged 14-16 years, this interest shifts to more specific and personal questions on masturbation, body size and condoms. Older boys have an interest in and a curiosity pertaining to mature sexual behaviour and sexual satisfaction.

Attitudes towards marriage and sex among adolescents in India continue to be conservative and accepting of traditional norms that oppose marriage with self-selected partners, social interaction between adolescent boys and girls and premarital sex. Moreover, marriage decisions are rarely discussed with adolescents, particularly girls. Responsible sexual behaviour, in the opinion of both boys and girls, is to stay away from the opposite sex and most traditional cultures allow few opportunities for interaction of girls with boys.

On the other hand, there are also studies indicating a growing trend of pre-marital sexual activities among Indian adolescents. Yet, it has been observed that knowledge regarding reproductive health among them is limited. They have very little accurate information on the process of growing up and on pre-marital, marital and extra-marital sexual relationships."

[Quelle: http://www.unescobkk.org/ips/arh-web/demographics/india2.cfm. -- Zugriff am 2003-12-15]


Visnu (24.41).—'A girl, whose menses begin to appear while she is living at her father's house, before she has been betrothed to a man, has to be considered as a degraded woman ; by taking her without the consent of her kinsmen, a man commits no wrong.'

[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.]

94. Ein Dreißigjähriger soll eine herzige Zwölfjährige heiraten, ein Vierundzwanzigjähriger eine Achtjährige; oder wenn seine religiöse Pflicht gefährdet ist, auch früher (d.h. vor seinem 24. Jahr).

Abb.: "eine herzige Zwölfjährige" [Bildquelle: http://www.forceten.org.au/html/yb_girl.html. -- Zugriff am 2003-12-29]

Medhâtithi z. St.:

"What the injunction means is that the maiden married should be so much younger than the man;—and not that marriage must be done only at the age stated. Nor is any stress meant to be laid upon the exact number of years mentioned ; all that is meant is that one should marry a girl very much younger than himself.

This injunction does not occur in the section dealing with Marriage; hence, what is stated here cannot be regarded as a qualification of the persons undergoing that sacrament, and consequently, as an essential factor in the rite itself; for this same reason, it cannot be taken as precluding the age of 'ten' or ' twenty-five ' or such others.

" But it is often found that even though laid down in a distinct passage, a detail does form an essential factor of an act."

True; but the very fact that the teacher has thought it fit to place the present text apart from the section on marriage is clearly indicative of the fact that he had some special purpose in this.

The practice of cultured men is also as we have stated.

Further, the age here stated can never be observed in the case of one's son marrying a second time; so that, if the injunction were meant to be taken literally, it would mean that there should be no second marriage; and this would be absurd."

[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 Vîramitrodaya (Samskâra, p. 766), which says that the following is the upshot of the texts bearing on this subject:—
  • If the age of the girl is 8 years or less, she should be married to a man whose age is three times that of hers;
  • if it is between 8 and 12, the age of the bidegroom should two and a half times;
  • if her age is between 12 and 16 then that of the bridegroom shall be two years less than the double of her age.

Of the sentence 'dharme sîdati satvarah' it gives two explanations :

  1. if he finds that his religious duties would otherwise suffer, he may marry earlier ; and
  2. if he marries in haste,—i.e., if he marries before he has reached the prescribed age, or if he marries a girl whose age is lower than the one prescribed,— then he suffers in spiritual merit."

[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.]


Mahabharata (13.44.14).—'One who is thirty or twenty-one years old shall take a wife sixteen years old, but before she has attained puberty.'

Visnupurana (Vira-Samskara, p. 766).—' A man shall select a wife whose age is one-third of his own.'

Yama (Do.)—(Same as Manu.)

Apastamba (Do., p. 767).— ' A man thirty-years old shall take a wife ten years old, before she has attained puberty ; and one twenty-one years old, a girl seven years old.'

Ashvalayana (Do.). —'A maiden seven years old is called Shaishavi; a man eighteen years of age shall marry her; a maiden eight years old is called Gauri, conducive to richness of sons and grandsons; and she shall be married by a man twenty-five years old ; a girl nine years old is called Rohini conducive to richness of wealth ; a wise man shall wed her for the accomplishment of all his desires; a girl over ten years age, until she has her courses, is called Gandhari ; and she shall be married by a man desirous of living long.'

[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.]

95. Der Gatte erhält die Gattin als Geschenk der Götter, nicht nach seinem eigenen Wunsch. Deshalb soll er seine gute Frau stets erhalten, indem er so den Göttern Angenehmes tut.

Medhâtithi z. St.:

"What the verse means is that ' the faithful wife should not be abandoned, even though she suffer from the defects of being disagreeable or of harsh speech and so forth'; and the rest of it is merely commendatory.

As for the rule that ' he shall keep her confined in one room,' which has been laid clown in regard to the unfaithful wife,—this applies to a case where there has been a single act of transgression on her part; if the act is repeated, divorce must follow. Otherwise, there would be no point in the assertion that ' he shall always support the faithful wife.'

As regards the declaration—'when a woman has transgressed, she shall have all her rights withdrawn, be dressed in dirty clothes and be given mere subsistence, being allowed to live in a degraded condition, lying upon the ground' (Yâjnavalkya, 1.70),—this refers to a case where the husband is willing and able to keep her; if however he is unwilling, then there must be divorce.

It is going to be laid down later on that food and clothing should be provided for even such wives as have become outcasts, and so forth; but that has to be taken only as prohibiting banishment which would be involved in the starting of a life of living on alms, which forms part of the expiatory rite consequent upon such heinous sins as the murdering of a Brâhmana and the like. This we shall explain later on. In any case, it is not incumbent upon the husband to support a wife who has turned unfaithful. Nor does the present text prescribe ' casting off ' which might be interpreted as ' avoiding intercourse with her.'

That the wife is a ' present from the gods ' is implied by such Vedic texts and declamatory passages as—' Soma gave her to Gandharva etc.' (Rgveda, 10.85.41).

Or, she may be called 'a present from the gods' in the sense that during the marriage-rite itself, the girl becomes the wife of the gods.

' Obtains,—not by his own wish. ' So that the wife does not stand on the same footing as cattle or gold picked up in the market. This is what is meant by the phrase 'not by his own wish.'

' What is agreeable to the gods. '—When one divorces his wife, who is a necessary factor in the offering of libations to the Vishvedevas, he is not in a position to do ' what is agreeable to the gods.' Hence, even though she be hostile, she has to be supported. But in the event of her becoming an outcast, and hence losing her rights, the husband may 'supersede' her."

[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.]


Mahabharata (13.44.27).—'That man obtains his wife as a gift from the gods is the teaching of the Law; he (who does not treat her well) falsifies the word of man and god.'

(See above, under 1-28.)

[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.]

96. Die Frauen wurden geschaffen, um zu gebären, die Männer um der kontinuierlichen Generationenfolge willen. Deshalb ist im Veda verkündet, dass die religiöse Pflicht (d.h. die Riten) gemeinsam mit der Gattin zu vollziehen ist.

Medhâtithi z. St.:



'Hence'—i.e., because of the act of child-begetting being dependent upon both,—the man's Religious Rites have been ordained in the Veda, as being in common with his wife.

Consequently, since alone by himself he could not be entitled to the performance of any rites, he shall not abandon his wife, even though she be hostile."

[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.]


(See texts under 85.)

Narada (12-19).—'Women have been created for the sake of propagation.'

[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.]

97. Stirbt der Geber des Brautpreises nachdem der Brautpreis für eine Jungfrau gegeben wurde, dann soll die Jungfrau dem Gattenbruder gegeben werden, falls sie zustimmt.

Medhâtithi z. St.:

"When the nuptial fee has been received by her father and other relations, but she has not been given away,only the verbal betrothal having been done,—if, in the  interval, the giver of the fee happen to die, then there arises the doubt as to whether she, in the manner of other goods, shall revert to the younger brother-in-law, or to all brothers, as in the case of Yudhishthira [Draupadî] and others, or in the absence of brothers, to 'Sapinda' relations,—the text lays down the rule that ' she should be given to the younger brother-in-law'—not either to all the brothers of her husband, or to all his 'Sapinda' relations,—but to his younger brother only. But here also, only if the girl consents.

"In the event of the girl not consenting, what shall become of the nuptial fee ?"

If the girl desires to take to life-long celibacy, then the fee shall remain with the members of her father's family; but if she seeks for another husband, then the fee shall be refunded out of the fee received from this second man."

[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.]


(See under 47, 69 and 71.)

Vashistha (17-72).—'If the betrothed of a maiden die after she has been promised to him verbally and by a libation of water,— but before she was married to him with the sacred texts,—she belongs to her father.'

Katyayana (Vira-Samskara, 739).—' If a man should die or become lost, after betrothal, the girl shall wait for three menstrual periods and then marry another person. If the betrothed should go away after having paid the nuptial fee and the girl's dowry, the girl shall be kept unmarried for one year, after which she should be given away in the proper form to another man.'

[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. Gegen einen Brautpreis

98. Selbst ein Shûdra soll, wenn er seine Tochter zur Frau gibt dafür keinen Brautpreis nehmen. Jemand der einen Brautpreis nimmt, verkauft versteckt seine Tochter.

Medhâtithi z. St.:

"What is to bo done when the fee is received voluntarily, has been laid down in the preceding verse. Hence some people might come to entertain the following notion— " There is nothing wrong in receiving the nuptial fee, since the scriptures have laid down special rules regarding the subject." And with a view to preclude such a notion, the text says—' even a Shûdra should not take a nuptial fee.'—What the foregoing text has done is to lay down certain rules relating to cases where a man receives the fee, of his own will; and it does not lay down the propriety of receiving the fee. Just as the laying down of expiatory rites in connection with wine-drinking does not mean that the drinking is permitted.

The 'nuptial fee' here spoken of is the same as what has been deprecated in another text; and we have already explained why the same fact has been reiterated in the present verse."

[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 98 - 100:

Vashistha (1.36).—' The buying of a wife is mentioned in the following passage of the Veda :—" Therefore one hundred cows besides a chariot should be given to the bride's father." '

Apastamba (2.13.12)—' It is declared in the Veda that at the time of marriage, a gift, with a view to meet the father's wishes, should be made by the bridegroom to the father— "Therefore he should give a hundred cows besides a chariot; this gift he should make bootless by returning it to the giver." In reference to these marriage-rites, the word "Sale" can apply only in a metaphorical sense; as such union is effected under the law.'

[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.]

99. Niemals haben die alten und auch die modernen Guten die Tochter dem einen versprochen und sie einem anderen gegeben.

Medhâtithi z. St.:

"It has been declared above that—' when the nuptial fee has been received, and the giver of the fee has died, the girl may be given to another man, if she consents. ' This is what is forbidden by the present text,—i.e., the act of promising the girl to man who has paid the fee, and then to give her to another after receiving a fee from him.

What is meant is that in such cases the girl should be made to choose her own 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.]

100. Wir haben niemals, auch nicht in früheren Existenzen, gehört von einem versteckten Verkauf der Tochter um einen Brautpreis (shulka) genannten Preis.

Medhâtithi z. St.:

"We have not heard of such a thing from any source.

Pûrvesu janmasu.—i.e., in former cycles."

[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. Zusammenfassung

101. Mann und Frau sollen sich bis zum Tode treu sein. Dies ist zusammenfassend das höchste Gesetz für Mann und Frau.

Medhâtithi z. St.:

"' Fidelity '—unstinted obedience in all actions. Says Âpastamba :

  1. ' The wife should not be neglected in matters relating to Duties, Wealth and Pleasure ';-
  2. ' The highest good of man consists in Duty, .Wealth and Pleasure, as it is declared that the whole fabric rests upon these three factors.'

Some people hold the following view :—" What is meant by 'fidelity' here is non-abandonment; otherwise, as to the woman, so to the man also, it would not be open to marry more than one wife. "

This however is not right; because in regard to men there is a distinct sanction—

  1. ' Those who act through mere lust, etc.,'
  2. ' the barren wife shall be superseded in the eighth year,' and so forth; while there is no such sanction in the case of women. There is another text also which is indicative of the same fact—'There are several wives for one man, but not several husbands for a woman at the same time.'

' Until death,'—till they die ; i.e., it ends only when either of them dies.

This should be understood to be the highest duty of man and wife, stated in brief."

[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.]

102. Verheiratete sollen ständig danach streben, sich nicht zu trennen und untreu zu sein.

Medhâtithi z. St.:

"'Should exert themselves'— should make an effort; so fthat they may not be unfaithful to each other;—unfaithfulness consisting in neglect, want of co-operation in matters relating to Duty, Wealth and Pleasure.

' Passed through the rites '--performed the rites of  marriage.

This verse is meant to be a summing up of what has gone before, and not the injunction of any thing new."

[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.]

103. Verkündet ist damit das freudbringende Gesetz für Mann und Frau  sowie die Erlangung von Nachkommen in der Not der Kinderlosigkeit. Erfahrt nun die Erbteilung.

Medhâtithi z. St.:

"This verse shows the connection between what has gone before and what is coming next.

The two subjects—of the Duties of Husband and Wife, and the Begetting of Children—having been dealt with, it is the fit occasion for taking up the subject of the Partition of Inheritance."

[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.]

Zu Kapitel 9,1: Erbrecht