13.044
vivāhadharmāḥ
Duties and laws of marriage.
yudhiṣṭhira uvāca॥
Yudhiṣṭhira said.
yanmūlaṃ sarvadharmāṇāṃ prajanasya gṛhasya ca। pitṛdevātithīnāṃ ca tanme brūhi pitāmaha ॥13-44-1॥
O grandsire, tell me that which is the root of all dharmas, of progeny, of the house, and of the father, deity, and guests. (13-44-1)
bhīṣma uvāca॥
Bhishma said.
ayaṃ hi sarvadharmāṇāṃ dharmaścintyatamo mataḥ। kīdṛśāya pradeyā syāt kanyeti vasudhādhipa ॥13-44-2॥
O lord of the earth, among all dharmas, this is regarded as the most important: to whom should the maiden be given?
śīlavṛtte samājñāya vidyāṃ yoniṃ ca karma ca। adbhireva pradātavyā kanyā guṇavate vare॥ brāhmaṇānāṃ satāmeṣa dharmo nityaṃ yudhiṣṭhira॥13-44-3॥
O Yudhiṣṭhira, after ascertaining character, conduct, knowledge, lineage, and deeds, the maiden should be given to a virtuous suitor with water; this is always the duty of good Brāhmaṇas. (13-44-3)
āvāhyam āvahed evaṃ yo dadyād anukūlataḥ। śiṣṭānāṃ kṣatriyāṇāṃ ca dharma eṣa sanātanaḥ ॥13-44-4॥
It is the eternal duty of the learned and kṣatriyas to invite (the priest), bring him thus, and give (the fee) favorably. (13-44-4)
ātmābhipretam utsṛjya kanyābhipreta eva yaḥ। abhipretā ca yā yasya tasmai deyā yudhiṣṭhira ॥ gāndharvam iti taṃ dharmaṃ prāhur dharmavido janāḥ ॥13-44-5॥
O Yudhishthira, when a man, setting aside his own wishes, desires a maiden, and she also desires him, she should be given to him. People who know dharma declare this as the Gandharva form of marriage. (13-44-5)
dhanena bahunā krītvā sampralobhya ca bāndhavān। asurāṇāṃ nṛpaitaṃ vai dharmam āhur manīṣiṇaḥ ॥13-44-6॥
The wise declare that the rule of the asuras is considered dharma when, by abundant wealth, one buys and thoroughly entices relatives. (13-44-6)
hatvā chittvā ca śīrṣāṇi rudatāṃ rudatīṃ gṛhāt। prasahya haraṇaṃ tāta rākṣasaṃ dharmalakṣaṇam ॥13-44-7॥
O dear one, killing, cutting off the heads of the weeping, and forcibly abducting a weeping woman from her house—such abduction is the dharma-characteristic of rākṣasas. (13-44-7)
pañcānāṃ tu trayo dharmyā dvāvadharmyau yudhiṣṭhira। paiśāca āsuraścaiva na kartavyau kathañcana ॥13-44-8॥
Of the five, three are righteous and two are unrighteous, O Yudhishthira. The Paiśāca and Āsura types are never to be practiced in any way. (13-44-8)
brāhmaḥ kṣātro'tha gāndharva ete dharmyā nararṣabha। pṛthagvā yadi vā miśrāḥ kartavyā nātra saṃśayaḥ ॥13-44-9॥
O best of men, the righteous duties of the brāhma, kṣātra, and gāndharva types—whether separately or mixed—are to be performed; there is no doubt about this. (13-44-9)
tisro bhāryā brāhmaṇasya dve bhārye kṣatriyasya tu। vaiśyaḥ svajātiṃ vindeta tāsvapatyaṃ samaṃ bhavet ॥13-44-10॥
A brāhmaṇa may have three wives, a kṣatriya two wives, but a vaiśya should marry within his own caste; among these, the offspring should be considered equal. (13-44-10)
brāhmaṇī tu bhavej-jyeṣṭhā kṣatriyā kṣatriyasya tu। raty-artham-api śūdrā syān-nety āhur-apare janāḥ ॥13-44-11॥
But a brāhmaṇa wife should be considered the foremost; a kṣatriya woman for a kṣatriya; some say that even a śūdra woman may be for pleasure, but others do not agree thus. (13-44-11)
apatyajanma śūdrāyāṃ na praśaṃsanti sādhavaḥ। śūdrāyāṃ janayan vipraḥ prāyaścittī vidhīyate ॥13-44-12॥
The virtuous do not praise the birth of offspring from a Śūdra woman. If a Brāhmaṇa begets (a child) in a Śūdra woman, expiation is prescribed. (13-44-12)
triṃśadvarṣo daśavarṣāṃ bhāryāṃ vindeta nagnikām। ekaviṃśativarṣo vā saptavarṣām avāpnuyāt ॥13-44-13॥
A man of thirty years should marry a ten-year-old virgin as his wife; or a man of twenty-one years may marry a seven-year-old girl. (13-44-13)
yasyāstu na bhavedbhrātā pitā vā bharatarṣabha। nopayacchet tāṃ jātu putrikādharmiṇī hi sā ॥13-44-14॥
O best of the Bharatas, a maiden who has neither brother nor father should never be given in marriage, for she is indeed one possessing the status of a putrikā (appointed daughter). (13-44-14)
trīṇi varṣāṇyudīkṣeta kanyā ṛtumati satī। caturthe tvatha samprāpte svayaṃ bhartāramarjayet ॥13-44-15॥
A maiden who has attained menstruation should wait for three years; but when the fourth year arrives, she herself may acquire a husband. (13-44-15)
prajano hīyate tasyā ratiś ca bharatarṣabha। ato'nyathā vartamānā bhaved vācyā prajāpateḥ ॥13-44-16॥
O bull among the Bharatas, if her sexual union is otherwise, the offspring is diminished; therefore, a woman acting otherwise should be called one belonging to Prajāpati. (13-44-16)
asapiṇḍā ca yā māturasagotrā ca yā pituḥ। ityetāmanugacchet taṃ dharmaṃ manurabravīt ॥13-44-17॥
Manu said: One should follow this rule — a woman who is not of the same piṇḍa and not of the same gotra as the mother and as the father. (13-44-17)
yudhiṣṭhira uvāca॥
Yudhiṣṭhira said.
śulkam anyena dattaṃ syād dadānīti āha ca aparaḥ। balāt anyaḥ prabhāṣeta dhanam anyaḥ pradarśayet ॥13-44-18॥
The fee may have been given by another, another says ‘I will give’; another may speak by force, and another may show the wealth. (13-44-18)
pāṇigrahītā tvan yaḥ syāt kasya kanyā pitāmaha। tattvaṃ jijñāsamānānāṃ cakṣur bhavatu no bhavān ॥13-44-19॥
O grandfather, who is the one to whom the daughter belongs, if another has taken her hand in marriage? Please be the eye of truth for us who are inquiring. (13-44-19)
bhīṣma uvāca॥
Bhishma said.
yatkiñcitkarma mānuṣyaṃ saṃsthānāya prakṛṣyate। mantravanmantritaṃ tasya mṛṣāvādastu pātakaḥ ॥13-44-20॥
Whatever action, even the smallest, a human performs for establishment, if it is consecrated like a mantra, then making a false statement about it is indeed a sin. (13-44-20)
bhāryāpatyatvigācāryāḥ śiṣyopādhyāya eva ca। mṛṣokte daṇḍamarhanti netyāhurapare janāḥ ॥13-44-21॥
Others say that wife, child, priest, teachers, disciple, and sub-teacher indeed do not deserve punishment when they speak falsely. (13-44-21)
na hy akāmena saṁvādaṁ manur evaṁ praśaṁsati। ayaśasyam adharmyaṁ ca yan mṛṣā dharmakopanam ॥13-44-22॥
Manu does not indeed praise discussion that is not free from desire. That which is disgraceful, unrighteous, and false, and which harms dharma, (he does not praise). (13-44-22)
naikāntadoṣa ekasmiṃstaddānaṃ nopalabhyate। dharmato yāṃ prayacchanti yāṃ ca krīṇanti bhārata ॥13-44-23॥
O Bhārata, there is no absolute fault in one; that gift is not found. According to dharma, that which they give and that which they buy, both are acceptable. (13-44-23)
bandhubhiḥ samanujñāto mantrahomau prayojayet। tathā sidhyanti te mantrā nādattāyāḥ kathaṃcana ॥13-44-24॥
Having been fully permitted by relatives, one should perform the mantra and homa; only then are those mantras accomplished, never for one who has not been permitted. (13-44-24)
yastv atra mantrasamayo bhāryāpatyormithaḥ kṛtaḥ। tam evāhur garīyāṁsaṁ yaś cāsau jñātibhiḥ kṛtaḥ ॥13-44-25॥
But among these, the one who has made a mutual agreement by mantra between wife and offspring is considered more important; and the one who is made so by relatives.
devadattāṃ patirbhāryāṃ vetti dharmasya śāsanāt। sā daivīṃ mānuṣīṃ vācam anṛtāṃ paryudasyati ॥13-44-26॥
A husband knows his wife as given by the gods, according to the command of dharma. She rejects both divine and human false speech. (13-44-26)
yudhiṣṭhira uvāca॥
Yudhiṣṭhira said.
kanyāyāṃ prāptaśulkāyāṃ jyāyāṃścedāvrajedvaraḥ। dharmakāmārthasampanno vācyamatranṛtaṃ na vā ॥13-44-27॥
If, after the bride-price has been received for a maiden, an elder suitor endowed with virtue, desire, and wealth approaches, then whether or not falsehood should be spoken here. (13-44-27)
tasminnubhayato doṣe kurvañchreyaḥ samācaret। ayaṃ naḥ sarvadharmāṇāṃ dharmaścintyatamo mataḥ ॥13-44-28॥
When there is fault on both sides, one should act in the way that is better. This is regarded by us as the most considered dharma among all dharmas. (13-44-28)
tattvaṃ jijñāsamānānāṃ cakṣurbhavatu no bhavān। tadetatsarvamācakṣva na hi tṛpyāmi kathyatām ॥13-44-29॥
O revered one, be the eye for us who seek to know the essence; please explain all this, for I am truly not satisfied—let it be told. (13-44-29)
bhīṣma uvāca॥
Bhishma said.
na vai niṣṭhā-karaṃ śulkaṃ jñātvāsīttena nāhṛtam। na hi śulka-parāḥ santaḥ kanyāṃ dadati karhicit ॥13-44-30॥
Indeed, knowing that the final payment was a bride-price, he did not bring it. For good people who are intent on bride-price never give their daughter. (13-44-30)
anyair guṇair upetaṃ tu śulkaṃ yācanti bāndhavāḥ। alaṅkṛtvā vahasveti yo dadyād anukūlataḥ ॥13-44-31॥
Relatives, endowed with other qualities, ask for a price; having adorned (the object), they say 'carry it', and whoever would give (it) favorably. (13-44-31)
tac ca tāṃ ca dadāty eva na śulkaṃ vikrayo na saḥ। pratigṛhya bhaved deyam eṣa dharmaḥ sanātanaḥ ॥13-44-32॥
He gives that and her indeed, not as a price, not as a sale; having accepted, it should be given—this is the eternal duty. (13-44-32)
dāsyāmi bhavate kanyāmiti pūrvaṃ nabhāṣitam। ye caivāhurye ca nāhurye cāvaśyaṃ vadantyuta ॥13-44-33॥
The statement 'I will give you the maiden' was not spoken before; some say so, some do not, and some certainly do say so indeed. (13-44-33)
tasmādā grahaṇātpāṇeryācayanti parasparam। kanyāvaraḥ purā datto marudbhiriti naḥ śrutam ॥13-44-34॥
Therefore, from the act of taking the hand, they request each other. It has been heard by us that, in former times, the maiden was given by the Maruts to the groom. (13-44-34)
nāniṣṭāya pradātavyā kanyā ityuṛṣicoditam. tanmūlaṃ kāmamūlasya prajanasya iti me matiḥ ॥13-44-35॥
A maiden should not be given to one who is undesired, as enjoined by the sage. In my opinion, this is the root of procreation that is based on desire. (13-44-35)
samīkṣya ca bahūn doṣān saṃvāsād vidviṣāṇayoḥ। yathā niṣṭhākaraṃ śulkaṃ na jātv āsīt tathā śṛṇu ॥13-44-36॥
Having considered the many faults arising from the cohabitation of those who are hostile, just as a destructive bride-price was never allowed, so listen. (13-44-36)
ahaṃ vicitravīryāya dve kanye samudāvaham। jitvā ca māgadhānsarvān kāśīnatha ca kosalān ॥ gṛhītapāṇirekāsīt prāptaśulkāparābhavat ॥13-44-37॥
I gave two maidens in marriage to Vicitravīrya; having conquered all the Magadhas, the lord of Kāśī, and the Kosalas. Of these, one was wedded with the hand taken, the other was obtained as bride-price, and the other was defeated. (13-44-37)
pāṇau gṛhītā tatraiva visṛjyā iti me pitā। abravīditarāṃ kanyāmāvahats tu kauravaḥ ॥13-44-38॥
My father, having taken her by the hand and released her right there, said thus. But the Kaurava married the other maiden. (13-44-38)
apyan-yāmanupapraccha śaṅkamānaḥ piturvacaḥ। atīva hyasya dharmepsā piturme'bhyadhikābhavat ॥13-44-39॥
Indeed, doubting his father's words, he asked another question; for his desire for righteousness greatly surpassed even my father's. (13-44-39)
tato'ham abruvaṁ rājann ācārepsur idaṁ vacaḥ। ācāraṁ tattvato vettum icchāmi iti punaḥ punaḥ ॥13-44-40॥
Then I said to the king these words, wishing to understand conduct: "I wish to know the true nature of conduct," again and again. (13-44-40)
tato mayaivamukte tu vākye dharmabhṛtāṃ varaḥ। pitā mama mahārāja bāhlīko vākyamabravīt ॥13-44-41॥
Then, after I had spoken thus, my father, the great king Bahlika, foremost among the upholders of dharma, spoke these words. (13-44-41)
yadi vaḥ śulkato niṣṭhā na pāṇigrahaṇaṃ tathā। lājāntaram upāsīta prāptaśulkā patiṃ vṛtam ॥13-44-42॥
If for you the settlement is only the bride-price and not the taking of the hand, then another offering of parched grain should be performed; a woman whose bride-price has been received should accept the chosen husband. (13-44-42)
na hi dharmavidaḥ prāhuḥ pramāṇaṃ vākyataḥ smṛtam। yeṣāṃ vai śulkato niṣṭhā na pāṇigrahaṇāttathā ॥13-44-43॥
Indeed, the knowers of dharma have not declared as authoritative the Smṛti that is based on statements, for those whose establishment is from payment and not from the taking of the hand (in marriage), thus. (13-44-43)
prasiddhaṃ bhāṣitaṃ dāne teṣāṃ pratyasanaṃ punaḥ। ye manyante krayaṃ śulkaṃ na te dharmavido janāḥ ॥13-44-44॥
It is well-known and spoken that to take a price or fee in giving is a contradiction; those people who think of a price or fee are not knowers of dharma. (13-44-44)
na caitebhyaḥ pradātavyā na voḍhavyā tathāvidhā। na hyeva bhāryā kretavyā na vikreyā kathañcana ॥13-44-45॥
And such women should not be given to these, nor should they be married to such men. Indeed, a wife should never be bought or sold in any way. (13-44-45)
ye ca krīṇanti dāsīvad ye ca vikrīṇate janāḥ। bhavet teṣāṃ tathā niṣṭhā lubdhānāṃ pāpacetasām ॥13-44-46॥
Those who buy others like female slaves and those people who sell others, their state is like that of greedy and evil-minded persons. (13-44-46)
asmindharme satyavantaṃ paryapṛcchanta vai janāḥ। kanyāyāḥ prāptaśulkāyāḥ śulkadaḥ praśamaṃ gataḥ ॥13-44-47॥
In this matter, the people indeed questioned about Satyavan; regarding the maiden for whom the bride-price had been received, the giver of the bride-price found peace. (13-44-47)
pāṇigrahītā cānyaḥ syād atra no dharmasaṁśayaḥ। tan naś chindhi mahāprājña tvaṁ hi vai prājñasaṁmataḥ॥ tattvaṁ jijñāsamānānāṁ cakṣur bhavatu no bhavān॥13-44-48॥
There may be another bridegroom here; this is our doubt regarding dharma. O greatly wise one, resolve that for us, for you are truly approved by the wise. May you be the eye (guide) for us who seek to know the truth. (13-44-48)
tānevaṃ bruvataḥ sarvānsatyavān vākyam abravīt। yatreṣṭaṃ tatra deyā syān nātra kāryā vicāraṇā ॥ kurvate jīvato'py evaṃ mṛte naivāsti saṃśayaḥ ॥13-44-49॥
To all of them thus speaking, Satyavan spoke these words: "Where it is desired, there it should be given; there should be no consideration here. People do so even for the living; when dead, there is indeed no doubt about it." (13-44-49)
devaraṃ praviśet kanyā tapyed vā api mahat tapaḥ। tam eva anuvratā bhūtvā pāṇigrāhasya nāma sā ॥13-44-50॥
A maiden should either unite with her husband's brother or undertake great penance; by being faithful only to him, she bears the name of her husband. (13-44-50)
likhantyeva tu keṣāñcidapareṣāṃ śanairapi। iti ye saṃvadantyatra ta etaṃ niścayaṃ viduḥ ॥13-44-51॥
Some write immediately, but for others it is slow. Those who discuss this here know this certainty. (13-44-51)
tatpāṇigrahaṇātpūrvamuttaraṃ yatra vartate। sarvamaṅgalamantraṃ vai mṛṣāvādastu pātakaḥ ॥13-44-52॥
If an answer exists before the taking of the hand (in marriage), then all auspicious mantras indeed become false statements, and such falsehood is a sin. (13-44-52)
pāṇigrahaṇamantrāṇāṃ niṣṭhā syātsaptame pade. pāṇigrāhasya bhāryā syādyasya cādbhiḥ pradīyate ॥13-44-53॥
The culmination of the mantras for taking the hand should occur at the seventh step. The woman who is given with water becomes the wife of the one who takes her hand. (13-44-53)
anukūlām anuvaṃśāṃ bhrātrā dattām upāgnikām। parikramya yathā-nyāyaṃ bhāryāṃ vinded dvijottamaḥ ॥13-44-54॥
The best among twice-born should obtain as wife an agreeable woman of the same lineage, given by the brother, after performing the fire ritual and circumambulation, according to rule. (13-44-54)
