মনুস্মৃতি – অধ্যায় ০৯

1. I will now propound the eternal laws for a husband and his wife who keep to the path of duty, whether they be united or separated.
2. Day and night woman must be kept in dependence by the males (of) their (families), and, if they attach themselves to sensual enjoyments, they must be kept under one’s control.
3. Her father protects (her) in childhood, her husband protects (her) in youth, and her sons protect (her) in old age; a woman is never fit for independence.
4. Reprehensible is the father who gives not (his daughter in marriage) at the proper time; reprehensible is the husband who approaches not (his wife in due season), and reprehensible is the son who does not protect his mother after her husband has died.
5. Women must particularly be guarded against evil inclinations,
however trifling (they may appear); for, if they are not guarded,
they will bring sorrow on two families.
6. Considering that the highest duty of all castes, even weak husbands (must) strive to guard their wives.
7. He who carefully guards his wife, preserves (the purity of) his offspring, virtuous conduct, his family, himself, and his (means of acquiring) merit.
8. The husband, after conception by his wife, becomes an embryo and is born again of her; for that is the wifehood of a wife (gaya),
that he is born (gayate) again by her.
9. As the male is to whom a wife cleaves, even so is the son whom she brings forth; let him therefore carefully guard his wife, in order to keep his offspring pure.
10. No man can completely guard women by force; but they can be guarded by the employment of the (following) expedients: 11. Let the (husband) employ his (wife) in the collection and expenditure of his wealth, in keeping (everything) clean, in (the fulfilment of) religious duties, in the preparation of his food, and in looking after the household utensils.
12. Women, confined in the house under trustworthy and obedient servants, are not (well) guarded; but those who of their own accord keep guard over themselves, are well guarded.
13. Drinking (spirituous liquor), associating with wicked people,
separation from the husband, rambling abroad, sleeping (at unseasonable hours), and dwelling in other men’s houses, are the six causes of the ruin of women.
14. Women do not care for beauty, nor is their attention fixed on age; (thinking), ‘(It is enough that) he is a man,’ they give themselves to the handsome and to the ugly.
15. Through their passion for men, through their mutable temper,
through their natural heartlessness, they become disloyal towards their husbands, however carefully they may be guarded in this (world).
16. Knowing their disposition, which the Lord of creatures laid in them at the creation, to be such, (every) man should most strenuously exert himself to guard them.
17. (When creating them) Manu allotted to women (a love of their) bed, (of their) seat and (of) ornament, impure desires, wrath,
dishonesty, malice, and bad conduct.
18. For women no (sacramental) rite (is performed) with sacred texts, thus the law is settled; women (who are) destitute of strength and destitute of (the knowledge of) Vedic texts, (are as impure as) falsehood (itself), that is a fixed rule.
19. And to this effect many sacred texts are sung also in the Vedas, in order to (make) fully known the true disposition (of women);
hear (now those texts which refer to) the expiation of their (sins).
20. ‘If my mother, going astray and unfaithful, conceived illicit desires, may my father keep that seed from me,’ that is the scriptural text.
21. If a woman thinks in her heart of anything that would pain her husband, the (above-mentioned text) is declared (to be a means for) completely removing such infidelity.
22. Whatever be the qualities of the man with whom a woman is united according to the law, such qualities even she assumes, like a river (united) with the ocean.
23. Akshamala, a woman of the lowest birth, being united to Vasishtha and Sarangi, (being united) to Mandapala, became worthy of honour.
24. These and other females of low birth have attained eminence in this world by the respective good qualities of their husbands.
25. Thus has been declared the ever pure popular usage (which regulates the relations) between husband and wife; hear (next) the laws concerning children which are the cause of happiness in this world and after death.
26. Between wives (striyah) who (are destined) to bear children,
who secure many blessings, who are worthy of worship and irradiate (their) dwellings, and between the goddesses of fortune (sriyah, who reside) in the houses (of men), there is no difference whatsoever.
27. The production of children, the nurture of those born, and the daily life of men, (of these matters) woman is visibly the cause.
28. Offspring, (the due performance on religious rites, faithful service, highest conjugal happiness and heavenly bliss for the ancestors and oneself, depend on one’s wife alone.
29. She who, controlling her thoughts, speech, and acts, violates not her duty towards her lord, dwells with him (after death) in heaven, and in this world is called by the virtuous a faithful (wife, sadhvi) 30. But for disloyalty to her husband a wife is censured among men,
and (in her next life) she is born in the womb of a jackal and tormented by diseases, the punishment of her sin.

31. Listen (now) to the following holy discussion, salutary to all men, which the virtuous (of the present day) and the ancient great sages have held concerning male offspring.
32. They (all) say that the male issue (of a woman) belongs to the lord, but with respect to the (meaning of the term) lord the revealed texts differ; some call the begetter (of the child the lord),
others declare (that it is) the owner of the soil.
33. By the sacred tradition the woman is declared to be the soil,
the man is declared to be the seed; the production of all corporeal beings (takes place) through the union of the soil with the seed.
34. In some cases the seed is more distinguished, and in some the womb of the female; but when both are equal, the offspring is most highly esteemed.
35. On comparing the seed and the receptacle (of the seed), the seed is declared to be more important; for the offspring of all created beings is marked by the characteristics of the seed.
36. Whatever (kind on seed is sown in a field, prepared in due season, (a plant) of that same kind, marked with the peculiar qualities of the seed, springs up in it.
37. This earth, indeed, is called the primeval womb of created beings; but the seed develops not in its development any properties of the womb.
38. In this world seeds of different kinds, sown at the proper time in the land, even in one field, come forth (each) according to its kind.
39. The rice (called) vrihi and (that called) sali, mudga-beans,
sesamum, masha-beans, barley, leeks, and sugar-cane, (all) spring up according to their seed.
40. That one (plant) should be sown and another be produced cannot happen; whatever seed is sown, (a plant of) that kind even comes forth.
41. Never therefore must a prudent well-trained man, who knows the Veda and its Angas and desires long life, cohabit with another’s wife.
42. With respect to this (matter), those acquainted with the past recite some stanzas, sung by Vayu (the Wind, to show) that seed must not be sown by (any) man on that which belongs to another.
43. As the arrow, shot by (a hunter) who afterwards hits a wounded (deer) in the wound (made by another), is shot in vain, even so the seed, sown on what belongs to another, is quickly lost (to the sower).
44. (Sages) who know the past call this earth (prithivi) even the wife of Prithu; they declare a field to belong to him who cleared away the timber, and a deer to him who (first) wounded it.
45. He only is a perfect man who consists (of three persons united), his wife, himself, and his offspring; thus (says the Veda),
and (learned) Brahmanas propound this (maxim) likewise, ‘The husband is declared to be one with the wife.’ 46. Neither by sale nor by repudiation is a wife released from her husband; such we know the law to be, which the Lord of creatures (Pragapati) made of old.
47. Once is the partition (of the inheritance) made, (once is) a maiden given in marriage, (and) once does (a man) say,’ I will give;’ each of those three (acts is done) once only.
48. As with cows, mares, female camels, slave-girls,
buffalo-cows, she-goats, and ewes, it is not the begetter (or his owner) who obtains the offspring, even thus (it is) with the wives of others.
49. Those who, having no property in a field, but possessing seed-corn, sow it in another’s soil, do indeed not receive the grain of the crop which may spring up.
50. If (one man’s) bull were to beget a hundred calves on another man’s cows, they would belong to the owner of the cows; in vain would the bull have spent his strength.
51. Thus men who have no marital property in women, but sow their seed in the soil of others, benefit the owner of the woman; but the giver of the seed reaps no advantage.
52. If no agreement with respect to the crop has been made between the owner of the field and the owner of the seed, the benefit clearly belongs to the owner of the field; the receptacle is more important than the seed.
53. But if by a special contract (a field) is made over (to another) for sowing, then the owner of the seed and the owner of the soil are both considered in this world as sharers of the (crop).
54. If seed be carried by water or wind into somebody’s field and germinates (there), the (plant sprung from that) seed belongs even to the owner of the field, the owner of the seed does not receive the crop.
55. Know that such is the law concerning the offspring of cows,
mares, slave-girls, female camels, she-goats, and ewes, as well as of females of birds and buffalo-cows.

56. Thus the comparative importance of the seed and of the womb has been declared to you; I will next propound the law (applicable) to women in times of misfortune.
57. The wife of an elder brother is for his younger (brother) the wife of a Guru; but the wife of the younger is declared (to be) the daughter-in-law of the elder.
58. An elder (brother) who approaches the wife of the younger,
and a younger (brother who approaches) the wife of the elder, except in times of misfortune, both become outcasts, even though (they were duly) authorised.
59. On failure of issue (by her husband) a woman who has been authorised, may obtain, (in the) proper (manner prescribed), the desired offspring by (cohabitation with) a brother-in-law or (with some other) Sapinda (of the husband).
60. He (who is) appointed to (cohabit with) the widow shall (approach her) at night anointed with clarified butter and silent,
(and) beget one son, by no means a second.
61. Some (sages), versed in the law, considering the purpose of the appointment not to have been attained by those two (on the birth of the first), think that a second (son) may be lawfully procreated on (such) women.
62. But when the purpose of the appointment to (cohabit with) the widow bas been attained in accordance with the law, those two shall behave towards each other like a father and a daughter-in-law.
63. If those two (being thus) appointed deviate from the rule and act from carnal desire, they will both become outcasts, (as men) who defile the bed of a daughter-in-law or of a Guru.
64. By twice-born men a widow must not be appointed to (cohabit with) any other (than her husband); for they who appoint (her) to another (man), will violate the eternal law.
65. In the sacred texts which refer to marriage the appointment (of widows) is nowhere mentioned, nor is the re-marriage of widows prescribed in the rules concerning marriage.
66. This practice which is reprehended by the learned of the twice-born castes as fit for cattle is said (to have occurred) even among men, while Vena ruled.
67. That chief of royal sages who formerly possessed the whole world, caused a confusion of the castes (varna), his intellect being destroyed by lust.
68. Since that (time) the virtuous censure that (man) who in his folly appoints a woman, whose husband died, to (bear) children (to another man).
69. If the (future) husband of a maiden dies after troth verbally plighted, her brother-in-law shall wed her according to the following rule.
70. Having, according to the rule, espoused her (who must be) clad in white garments and be intent on purity, he shall approach her once in each proper season until issue (be had).
71. Let no prudent man, after giving his daughter to one (man),
give her again to another; for he who gives (his daughter) whom he had before given, incurs (the guilt of) speaking falsely regarding a human being.
72. Though (a man) may have accepted a damsel in due form, he may abandon (her if she be) blemished, diseased, or deflowered, and (if she have been) given with fraud.
73. If anybody gives away a maiden possessing blemishes without declaring them, (the bridegroom) may annul that (contract) with the evil-minded giver.
74. A man who has business (abroad) may depart after securing a maintenance for his wife; for a wife, even though virtuous, may be corrupted if she be distressed by want of subsistence.
75. If (the husband) went on a journey after providing (for her),
the wife shall subject herself to restraints in her daily life; but if he departed without providing (for her), she may subsist by blameless manual work.
76. If the husband went abroad for some sacred duty, (she) must wait for him eight years, if (he went) to (acquire) learning or fame six (years), if (he went) for pleasure three years.
77. For one year let a husband bear with a wife who hates him;
but after (the lapse of) a year let him deprive her of her property and cease to cohabit with her.
78. She who shows disrespect to (a husband) who is addicted to (some evil) passion, is a drunkard, or diseased, shall be deserted for three months (and be) deprived of her ornaments and furniture.
79. But she who shows aversion towards a mad or outcast (husband), a eunuch, one destitute of manly strength, or one afflicted with such diseases as punish crimes, shall neither be cast off nor be deprived of her property.
80. She who drinks spirituous liquor, is of bad conduct,
rebellious, diseased, mischievous, or wasteful, may at any time be superseded (by another wife).
81. A barren wife may be superseded in the eighth year, she whose children (all) die in the tenth, she who bears only daughters in the eleventh, but she who is quarrelsome without delay.
82. But a sick wife who is kind (to her husband) and virtuous in her conduct, may be superseded (only) with her own consent and must never be disgraced.
83. A wife who, being superseded, in anger departs from (her husband’s) house, must either be instantly confined or cast off in the presence of the family.
84. But she who, though having been forbidden, drinks spirituous liquor even at festivals, or goes to public spectacles or assemblies, shall be fined six krishnalas.
85. If twice-born men wed women of their own and of other (lower castes), the seniority, honour, and habitation of those (wives) must be (settled) according to the order of the castes (varna).
86. Among all (twice-born men) the wife of equal caste alone, not a wife of a different caste by any means, shall personally attend her husband and assist him in his daily sacred rites.
87. But he who foolishly causes that (duty) to be performed by another, while his wife of equal caste is alive, is declared by the ancients (to be) as (despicable) as a Kandala (sprung from the) Brahmana (caste).
88. To a distinguished, handsome suitor (of) equal (caste) should (a father) give his daughter in accordance with the prescribed rule,
though she have not attained (the proper age).
89. (But) the maiden, though marriageable, should rather stop in (the father’s) house until death, than that he should ever give her to a man destitute of good qualities.
90. Three years let a damsel wait, though she be marriageable;
but after that time let her choose for herself a bridegroom (of) equal (caste and rank).
91. If, being not given in marriage, she herself seeks a husband,
she incurs no guilt, nor (does) he whom she weds.
92. A maiden who choses for herself, shall not take with her any ornaments, given by her father or her mother, or her brothers; if she carries them away, it will be theft.
93. But he who takes (to wife) a marriageable damsel, shall not pay any nuptial fee to her father; for the (latter) will lose his dominion over her in consequence of his preventing (the legitimate result of the appearance of) her enemies.
94. A man, aged thirty years, shall marry a maiden of twelve who pleases him, or a man of twenty-four a girl eight years of age; if (the performance of) his duties would (otherwise) be impeded, (he must marry) sooner.
95. The husband receives his wife from the gods, (he does not wed her) according to his own will; doing what is agreeable to the gods,
he must always support her (while she is) faithful.
96. To be mothers were women created, and to be fathers men;
religious rites, therefore, are ordained in the Veda to be performed (by the husband) together with the wife.
97. If, after the nuptial fee has been paid for a maiden, the giver of the fee dies, she shall be given in marriage to his brother, in case she consents.
98. Even a Sudra ought not to take a nuptial fee, when he gives away his daughter; for he who takes a fee sell his daughter,
covering (the transaction by another name).
99. Neither ancients nor moderns who were good men have done such (a deed) that, after promising (a daughter) to one man, they have her to another;
100. Nor, indeed, have we heard, even in former creations, of such (a thing as) the covert sale of a daughter for a fixed price,
called a nuptial fee.