Section XLIV

"'"Formerly, having defeated all the Magadhas, the Kasis, and the Kosalas, I brought away by force two maidens for Vichitravirya. One of those two maidens was wedded with due rites. The other maiden was not formally wedded on the ground that she was one for whom dowry had been paid in the form of valour. My uncle of Kuru's race, viz., king Valhika, said that the maiden so brought away and not wedded with due rites should be set free. That maiden, therefore, was recommended to Vichitravirya for being married by him according to due rites. Doubting my father's words I repaired to others for asking their opinion. I thought that my sire was exceedingly punctilious in matters of morality. I then went to my sire himself, O king, and addressed him these words from desire of knowing something about the practices of righteous people in respect of marriage, 'I desire, O sire, to know what in truth the practices are of righteous people.' I repeated the expression of my wish several times, so great was my eagerness and curiosity. After I had uttered those words, that foremost of righteous men, viz., my sire, Valhika answered me, saying, 'If in your opinion the status of husband and wife be taken to attach on account of the gift and acceptance of dowry and not from the actual taking of the maiden's hand with due rites, the father of the maiden (by permitting his daughter to go away with the giver of the dowry) would so himself to be the follower of a creed other than that which is derivable from the ordinary scriptures. Even this is what the accepted scriptures declare. Persons conversant with morality and duty do not allow that their words are at all authoritative who say that the status of husband and wife arises from the gift and acceptance of dowry, and not from the actual taking of the hand with due rites. The saying is well-known that the status of husband and wife is created by actual bestowal of the daughter by the sire (and her acceptance by the husband with due rites). The status of wife cannot attach to maidens through sale and purchase. They who regard such status to be due to sale and the gift of dowry are persons that are certainly unacquainted with the scriptures. No one should bestow his daughter upon such persons. In fact, they are not men to whom one may marry his daughter. A wife should never be purchased. Nor should a father sell his daughter. Only those persons of sinful soul who are possessed, besides, by cupidity, and who sell and purchase female slaves for making serving women, regard the status of wife as capable of arising from the gift and acceptance of a dowry. On this subject some people on one occasion had asked prince Satyavat the following question, "If the giver of a dowry unto the kinsmen of a maiden happens to die before marriage, can another person take the hand of that maiden in marriage? We have doubts on this matter. Do thou remove these doubts of ours, for thou art endued with great wisdom and art honoured by the wise. Be thou the organ of vision unto ourselves that are desirous of learning the truth." Prince Satyavat answered saying, "The kinsmen of the maiden should bestow her upon him whom they consider eligible. There need be no scruples in this. The righteous act in this way without taking note of the giver of the dower even if he be alive; while, as regards the giver that is dead, there is not the slightest doubt. Some say that the virgin wife or widow,--one, that is, whose marriage has not been consummated with her husband by actual sexual congress in consequence of his absence or death,--may be allowed to unite herself with her husband's younger brother or such other relation. The husband dying before such consummation, the virgin-widow may either surrender herself to her husband's younger brother or betake herself to the practice of penances. In the opinion of some, the younger brother of the husband or such other relation may thus use the unused wife or widow, though others maintain that such practice, notwithstanding its prevalence, springs from desire instead of being a scriptural ordinance. They that say so are clearly of opinion that the father of a maiden has the right to bestow her upon any eligible person, disregarding the dowry previously given by another and accepted by himself. If after the hand of a maiden has been promised all the initial rites before marriage be performed, the maiden may still be bestowed upon a person other than the one unto whom she had been promised. Only the giver incurs the sin of falsehood: so far, however, as the status of wife is concerned, no injury can occur thereto. The Mantras in respect of marriage accomplish their object of bringing about the indissoluble union of marriage at the seventh step. The maiden becomes the wife of him unto whom the gift is actually made with water. The gift of maidens should be made in the following way. The wise know it for certain. A superior Brahmana should wed a maiden that is not unwilling, that belongs to a family equal to his own in purity or status, and that is given away by her brother. Such a girl should be wed in the presence of fire, with due rites, causing her, amongst other things, to circumambulate for the usual number of times."'"'"