by Bibek Debroy
‘“Vipula said, ‘O brahmana rishi! O lord! Who were the couple? Who were those men? They knew about me. You should tell me the truth about this.’
‘“Devasharma replied, ‘O brahmana! Know that the couple was night and day. Whirling around in a circular way, they knew the truth about your wicked deed. O brahmana! Know that the men who were cheerfully gambling with the dice were the seasons. They too knew about your wicked deed. No one should be comforted that his wicked deed will remain unknown. O brahmana! A man hides his wicked soul and his wicked deed. Even if a man performs a wicked deed secretly, the seasons, night and day are witness to this. They saw that you had not told your preceptor about your deed, but were nevertheless, cheerful. They thought that a learned person like you should be reminded of this. Day and night and the seasons always know the wicked deeds that a man undertakes, the auspicious, as well as the inauspicious deeds. You did not tell me the truth about what you had done, out of fear that you had committed a transgression. O brahmana! Knowing that you had not told me, they spoke to you about it, so that you did not go the worlds that are meant for wicked people. Having committed a deed, you did not tell me about it. O brahmana! You were capable of protecting a woman, whose nature is evil. You did not do anything to cause my displeasure and I am pleased with you. O supreme among brahmanas! Had I thought that you had committed a wicked deed, without thinking about it and in anger, I would have cursed you. Women have intercourse with men and men find this to be an excellent pursuit. However, your intention was to protect her. Otherwise, your end would have been as the recipient of a curse. O son! You protected her and this is known to me. O son! I am pleased with you. You will progress along a path that is comfortable.’”
‘Bhishma said, “The great rishi, Devasharma, was pleased and spoke to Vipula in this way. With his wife and his disciple, he cheerfully ascended to heaven. O king! In ancient times, in the course of a conversation on the banks of the Ganga, the great sage, Markandeya, told me about this. O Partha! That is the reason I have said, women must be protected. Both types of women can always be seen, those who are virtuous and those who are evil. The ones who are virtuous are extremely fortunate and are revered as the mothers of the worlds. O king! They hold up this entire earth, with its forests and groves. The ones who are evil are wicked in conduct. Having determined to sin, they destroy the lineage. O king! They can be known through their wicked signs, naturally manifest on their bodies. It is in this fashion that great-souled ones are capable of protecting them. O tiger among kings! There is no other way in which one is capable of protecting women. O tiger among men! They are fierce. They are fierce in their valour. There is nothing that they love more than sexual intercourse with men. O bull among the Bharata lineage! Even when they have agreed to live with one person, they do not act in this way. O descendant of the Pandu lineage! They consort with other men. O lord of men! Men should not act out of affection towards them, nor should they be driven by jealousy. They should be enjoyed regretfully, because that is dharma. O descendant of the Kourava lineage! If a man acts in a contrary way, he will destroy himself. O tiger among men! In every kind of situation, logic is always honoured. That is the single method Vipula used to protect a woman. O king! In this world of men, there is no other way to protect women.”’
Chapter 1725(44)
‘Yudhishthira said, “O grandfather! Tell me the foundation of all dharma concerning offspring, the home, ancestors, gods and guests.”
‘Bhishma replied, “O lord of the earth! Those who have thought about dharma have expressed their views about all kinds of dharma associated with the bestowing of a maiden. O Yudhishthira! A virtuous brahmana who is always devoted to dharma bestows his daughter on an excellent groom, after ascertaining his good conduct, learning, birth and deeds. This kind of favourable bestowal is also the eternal dharma of virtuous kshatriyas and is known as a brahma form of marriage. O Yudhishthira! When one bestows one’s daughter on someone she has herself chosen, ignoring one’s own wishes, those who know about dharma speak of this as a gandharva kind of dharma.1277 O king! When a lot of riches are used to tempt a girl’s relatives and purchase her, the learned say that this is an asura kind of dharma. O son! When weeping relatives are slain and their heads severed and a weeping maiden is forcibly abducted from her house, that kind of dharma has the signs of rakshasa. O Yudhishthira! Of these five, three constitute dharma and two are adharma.1278 The paishacha and asura forms should never be resorted to.1279 O bull among the Bharata lineage! The brahma, kshatra and gandharva forms represent dharma.1280 There is no doubt that these should be resorted to, in pure or mixed form.1281 A brahmana can have three wives, a kshatriya can have two wives. A vaishya should take one from his own varna. The children will be equal.1282 The brahmana wife will be senior and the kshatriya wife for the kshatriya.1283 There are people who say that a shudra wife can be accepted for intercourse, but others disagree. The virtuous do not praise the birth of offspring through shudras. If a brahmana has offspring through a shudra, penance is recommended. A man who is thirty years old should wed a girl who is ten years old, known as nagnika.1284 Alternatively, a man who is twenty-one years old should wed a girl who is seven years old. O bull among the Bharata lineage! If a girl has a father, but does not have a brother, she should not be wed, since she might follow the dharma of a putrika. When a girl has attained puberty, one should wait for three years. In the fourth year, if she is still not married, she should look for a husband herself. O bull among the Bharata lineage! The offspring of such a girl are not tainted, nor is intercourse with her condemned. If she does not act in this way, Prajapati does not approve of her conduct. One should wed a girl who is not of the same pinda as the mother or the same gotra as the father.1285 In this way, one follows the dharma that Manu spoke about.”
‘Yudhishthira said, “Some people offer a bride price and others speak of gifts. Some speak of their bravery, others exhibit their riches. O grandfather! Others accept the hand in marriage. Whom does the maiden belong to?1286 I wish to ask the truth about this. You are like my sight.”
‘Bhishma replied, “As long as men remain in their own station, whatever action they undertake is beneficial, regardless of whether it is with mantras or without mantras. However, a lie is a grave sin.1287 Some people say that if a marriage takes place as the outcome of a falsehood, the wife, the offspring, the officiating priest, the preceptor, the disciple and the instructor, all of these deserve to be punished. But others do not agree. Manu does not approve of intercourse with a person one doesn’t desire. This is against fame and against dharma. This is a falsehood that causes violence to dharma.1288 O descendant of the Bharata lineage! Whether there was a promise to give following dharma, or whether the girl was purchased, in such an instance, there is certainly no sin if the promise to bestow is not adhered to. With the sanction of the relatives, mantras and offerings should be resorted to. Without mantras, an act of bestowal is never successful. When the relatives take a pledge to the accompaniment of mantras, the offspring that are obtained through such a wife are regarded as superior.1289 It is the injunction of dharma that a husband must regard his wife as having been given to him by the gods. Whether she is a goddess or whether she is human, one must not reject someone who is the victim of a falsehood.”1290
‘Yudhishthira asked, “A bride price may have been obtained for a maiden. Thereafter, one may come across a superior groom. If the father looks at dharma, artha and kama, should he then make his words come false? In such instances, whatever one does seems to be inferior. In deciding on what is dharma for all of us, what are the views of those who have thought of dharma? I wish to ask you the truth about this. You are my vision. Therefore, tell me everything. I am not satisfied with what you have recounted.”
‘Bhishma replied, “One should not be firm in adhering to the bride price and the one who pays it, knows this.1291 Virtuous ones never bestow their daughters on the basis of a bride price. Relatives desire a bride price only when the groom doesn�
�t possess qualities. Many ornaments are willingly given. When these are given, that’s not a price, nor is this a sale. Receiving objects in this way has been eternal dharma. Some say, ‘I will bestow this maiden.’ Other say nothing. Still others say, ‘I will certainly bestow this maiden.’ Whether it is said or not said, doesn’t matter.1292 Therefore, there is marriage only when they accept each other’s hands. We have heard that earlier, this is the way the Maruts used to bestow their excellent daughters. The rishis have instructed that maidens should not be bestowed on those who are inappropriate. They are the foundation of desire and also the root of offspring. That is my view. Though the practice of purchase and sale of maidens has continued, on scrutiny, it is seen to be associated with many evils and cannot lead to marriage. Listen. Having defeated all the Magadhas, Kashis and Kosalas, I abducted two maidens for Vichitravirya.1293 He accepted the hand of one, but not the other, because a bride price had been paid through the act of conquest. My father was of the view that even if her hand had been accepted, she should have been released.1294 Kourava said that one should not marry this maiden. Since I doubted my father’s words, I went and asked others, thinking that my father was overly conscious about dharma. O king! Wishing to know the nature of good conduct, I also went to him and repeatedly addressed these words. ‘I wish to know the truth about good conduct.’ O great king! My father, Bahlika, supreme among the upholders of dharma, spoke to me in these words. ‘The issue is whether marriage is contracted when a bride price is accepted, or when the hand is accepted. If one holds that one becomes a husband from the act of acceping a bride price, this is shameless behaviour. The ones who know about dharma have said that there is no such proof in the sacred texts. Marriage results from accepting the hand and not from accepting the bride price. It is known that which is important is the act of bestowal and not purchase and sale. People who respect purchase through a bride price are not those who know about dharma. One should not bestow to those, nor have marriages with their likes. A wife should never be bought or sold. People who think that she can be bought and sold, like a servant-girl, follow the conduct of those who are wicked in intelligence and avaricious.’ In this connection, people had asked Satyavan about dharma.‘A person may have paid a bride price for a maiden. But the payer subsequently dies. Can someone else then accept the maiden’s hand? We have a doubt on this score about dharma. O immensely wise one! You are revered by the wise. Please dispel our doubt about this. We are asking you about the truth. You are like our sight.’ Satyavan spoke these words to all of them. ‘She should be bestowed on someone desirable. One should not reflect about this. Since this is true even when the payer is alive, there is no scope for doubt when he is dead.’ It is also held that if the girl is a virgin, she can torment herself through great austerities, or marry the husband’s1295 younger brother, follow him and have intercourse with him. Some have written in this way, others have voiced their views strongly. The learned have not spoken firmly about this. Even if all the prenuptial rites have been performed, with all the auspicious mantras, there is no sin from uttering a falsehood.1296 The act of accepting a hand in marriage concludes with the mantras uttered at the seventh step.1297 The hand of the maiden is offered and accepted as a wife. A brother must give away that maiden and following the rites, there must be circumambulation around the fire. An excellent brahmana must not marry a maiden who is unwilling, or one who is not from a comparable family.”’
Chapter 1726(45)
‘Yudhishthira asked, “There may be a situation where a bride price has been given for a maiden, but the prospective husband no longer exists.1298 O grandfather! What should be done then? Tell me that.”
‘Bhishma replied, “She must be maintained like a son, in case the husband returns. Alternatively, the bride price can be returned. If it is not returned, the maiden belongs to the one who has paid the price. Therefore, she is also capable of having offspring through means that have been sanctioned.1299 However, no person can use mantras for this purpose.1300 Instructed by her father, Savitri had herself done this.1301 Some people who know about dharma have praised this, but not others. There are some who have not acted in this way. There are some who do not hold this to be virtuous. There are those who hold that the best sign of dharma is the conduct of the virtuous. About this kind of conduct, Sukratu spoke the following words. He was the grandson of the king of Videha, the great-souled Janaka. ‘How can one praise conduct that is along a path followed by the wicked? There should be no questioning or doubt about the conduct of the virtuous. The dharma of the wicked is the confused dharma of asuras. We have not heard of anything like this in the lives of those who have come before us.’ The relationship between a wife and a husband is not comparable to mere intercourse between a woman and a man. The latter is the ordinary dharma of desire. This is what that king1302 said.”
‘Yudhishthira asked, “What are the rules whereby a man’s riches are inherited? For a father’s property, a daughter should be no different from a son.”
‘Bhishma replied, “The son is like one’s own self and the daughter is like the son. As long as these offspring are alive, no one else should inherit the riches. Unmarried daughters have a share in their mother’s youtaka.1303 If a father dies without leaving any sons, then the daughter’s son inherits the ancestral property. He is the one who offers the funeral cakes to both his father and his maternal grandfather. The sacred texts of dharma have said that there is no special difference between a son and a daughter’s son. Even if offspring has been generated by someone else,1304 he is said to be a son. There is no special difference between a son and a daughter’s son who has been generated by someone else. However, in cases where a daughter has been sold by the father, I see no reason in dharma that allows a daughter’s son to inherit. Such sons are malicious and addicted to adharma. They are deceitful and appropriate other people’s possessions. They are the result of an asura form of marriage, a conduct that is contrary to the dictates of dharma. There are those who are knowledgable about the ancient accounts, devoted to dharma and the sacred texts of dharma, binding themselves down to the ordinances of dharma. They recount a chant that was sung by Yama. ‘In a desire for riches, if a man sells his own son, or bestows his daughter through a bride price for the sake of earning a living, he has to progressively pass through seven terrible hells known as Kalasahvya. After death, he feeds on sweat, urine and excrement.’ There is a form of marriage called arsha. In this, a cow and a bull are given and some rishis have spoken of this as a bride price. O king! But whether it is small or large, this1305 should not be regarded as a sale. However, though some people act in this way, it should never be regarded as dharma. Other kinds of marriage are seen, indulged in by those who are greedy. There are some who bring maidens under their subjugation and enjoy them. These are evildoers and have to lie down in hell. A man must never be sold, not to speak of one’s own offspring. If riches are obtained with adharma as a foundation, no artha can ever be gained from it.”’
Chapter 1727(46)
‘Bhishma said, “Those who know about the ancient accounts recite the words of Prachetas. ‘Gifts given to relatives cannot be regarded as a sale. Anyone who is not cruel should receive a maiden and, in particular, show her honour by giving the girl gifts.’ If they desire a great deal of welfare, the father, brothers, father-in-law and brothers-in-law should honour and sustain her in this way. If the wife does not appeal to a man or does not cause men pleasure, or if a man is not attracted to her, he should not have offspring. O lord of men! A wife must always be honoured and cherished. When women are not honoured, all the rites become unsuccessful. When daughters-in-law grieve, the family is destroyed. O king! When daughters-in-law curse a household, all the performed rites become undone. The houses do not dazzle and grow and their prosperity is destroyed. Before Manu ascended to heaven, he handed over women to men, since they were weak, lightly clad, kind and devoted to the truth.1306 There are others who hold that they are jealous, desire honour, are fierce
, lack affection and lack learning. However, women deserve to be honoured and men must show them respect. Dharma is in trusting women, not just in sex and pleasure. Tend to them, honour them and give them what they want. Behold. The generation of offspring, the nurturing of offspring and pleasure in the way of the world—all these are tied to women. By respecting and honouring them, one becomes successful in all the tasks. The daughter of the king of Videha sung a shloka. ‘There are no sacrifices for women. There are no funeral ceremonies they have to observe. Their dharma is to serve their husbands and that is the way they conquer heaven. The father protects her when a child, the husband protects her in youth. The son protects her when she is aged. A woman does not deserve to be independent.’ A person who desires affluence and prosperity must treat women well. O descendant of the Bharata lineage! Whether she is nurtured or oppressed, a woman is like Shri and this is therefore reflected in one’s prosperity.”’
Chapter 1728(47)
‘Yudhishthira said, “You know the ordinances of all the sacred texts. You know the purport of the dharma of kings. You are famous on earth as someone who can dispel grave doubts. O grandfather! I have a doubt. Explain this to me. When we confront a difficulty, whom shall we ask, other than you? The task of men is to follow eternal dharma. O mighty-armed one! You should explain all of this. O grandfather! Four wives have been recommended for a brahmana—a brahmana, a kshatriya, a vaishya and a shudra, if one desires sexual gratification. O supreme among the Kuru lineage! Sons may be born through all of them. In due order, which of these deserves to inherit the father’s property? O grandfather! Which of them obtains the father’s riches? I wish to hear what has been said about their shares in the sacred texts.”