Mahabharata Anushasna Parva Chapter 44:2

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Mahabharata Anushasna Parva (Dana Dharma Parva) Chapter 44:2

[1] After the appearance of puberty, the girl (if not married) should wait for three years. On the fourth year, she should look for a husband herself (without waiting any longer for her kinsmen to select one for her). The offspring of such a girl do not lose their respectability, nor does union with such a girl become disgraceful. If, instead of selecting a husband for herself, she acts otherwise, she incurs the reproach of Prajapati herself. One should wed that girl who is not a Sapinda of one's mother or of the same Gotra with one's father. Even this is the usage (consistent with the sacred law) which Manu has declared.[2] "'Yudhishthira said, "Desirous of marriage someone actually gives a dower to the girl's kinsmen; someone says, the girl's kinsmen consenting promises to give a dower; someone says, 'I shall abduct the girl by force;' someone simply displays his wealth (to the girl's kinsmen, intending to offer a portion thereof as dower for her); someone, again, actually takes the hand of the girl with rites of wedding. I ask thee, O grandsire, whose wife does the girl actually become? Unto its that are desirous of knowing the truth, thou art the eye with which to behold. "'Bhishma said, "Whatever acts of men have been approved or settled in consultation by the wise, are seen to be productive of good. False speech, however, is always sinful.[3]The girl herself that becomes wife, the sons born of her, the Ritwiks and preceptors and disciples and Upadhyayas present at the marriage all become liable to expiation if the girl bestow her hand upon a person other than he whom she had promised to wed. Some are of opinion that no expiation is necessary for such conduct. Manu does not applaud the practice of a girl living with a person whom she does not like.[4]Living as wife with a person whom she does not like, leads to disgrace and sin. No one incurs much sin in any of these cases that follow. In forcibly abducting for marriage a girl that is bestowed upon the abductor by the girl's kinsmen, with due rites, as also a girl for whom dower has been paid and accepted, there is no great sin. Upon the girl's kinsmen having expressed their consent, Mantras and Homa should be resorted to. Such Mantras truly accomplish their purpose. Mantras and Homa recited and performed in the case of a girl that has not been bestowed by her kinsmen, do not accomplish their purpose. The engagement made by the kinsmen of a girl is, no doubt, binding and sacred. But the engagement that is entered into by the wedder and wedded, with the aid of Mantras, is very much more so (for it is this engagement that really creates the relationship of husband and wife). According to the dictates of the scriptures, the husband should regard his wife as an acquisition due to his own acts of a previous life or to what has been ordained by God.

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References

  1. When a father happens to have an only daughter, he frequently bestows her in marriage upon some eligible youth on the understanding that the son born of her shall be the son, for purposes of both Sraddha rites and inheritance, not of the husband begetting him but of the girl's father. Such a contract would be valid whether expressed or not at the time of marriage. The mere wish of the girl's father, unexpressed at the time of marriage, would convert the son into a son not of the father who begets him but of the father of the girl herself. A daughter reserved for such a purpose is said to be a putrikadharmini or 'invested with the character of a son.' To wed such a girl was not honourable. It was in effect an abandonment of the fruits of marriage. Even if dead at the time of marriage, still if the father had, while living, cherished such a wish, that would convert the girl into a putrikadharmini. The repugnance to wedding girls without father and brothers exists to this day.
  2. For understanding the meanings of Sapinda and Sagotra see any work on Hindu law civil or canonical.
  3. These verses are exceedingly terse. The commentator explains that what is intended is that under the third and fourth circumstances the giver of the girl incurs no sin; under the second, the bestower of the girl (upon a person other than he unto whom a promise had been made) incurs fault. The status of wife, however, cannot attach simply in consequence of the promise to bestow upon the promiser of the dower.
    The relationship of husband and wife arises from actual wedding. For all that, when the kinsmen meet and say, with due rites, 'This girl is this one's wife,' the marriage becomes complete. Only the giver incurs sin by not giving her to the promised person.
  4. Hence, having promised to wed such a one, she is at liberty to give him over and wed another whom she likes.