13.044
Duties and laws of marriage.
Yudhiṣṭhira said.
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)
Bhishma said.
O lord of the earth, among all dharmas, this is regarded as the most important: to whom should the maiden be given?
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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 said.
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)
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)
Bhishma said.
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)
Others say that wife, child, priest, teachers, disciple, and sub-teacher indeed do not deserve punishment when they speak falsely. (13-44-21)
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)
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)
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)
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.
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 said.
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)
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)
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)
Bhishma said.
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)
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)
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)
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)
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)
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)
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)
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)
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)
Indeed, doubting his father's words, he asked another question; for his desire for righteousness greatly surpassed even my father's. (13-44-39)
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)
Then, after I had spoken thus, my father, the great king Bahlika, foremost among the upholders of dharma, spoke these words. (13-44-41)
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)
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)
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)
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)
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)
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)
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)
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)
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)
Some write immediately, but for others it is slow. Those who discuss this here know this certainty. (13-44-51)
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)
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)
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)
