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The Sacred Laws of the Âryas: Gautama - Chapter IV
1. A householder shall take a wife (of) equal (caste), who has not belonged to another man and is younger (than himself).1
2. A marriage (may be contracted) between persons who have not the same Pravaras,2
3. (And) who are not related within six degrees on the father's side,3
4. Or on the side of the begetter,4
5. (Nor) within four degrees on the mothers side.5
6. (If the father) gives (his daughter) dressed (in two garments) and decked with ornaments to a person possessing (sacred) learning, of virtuous conduct, who has relatives and a (good) disposition, (that is a) Brâhma (wedding).6
7. At the Prâgâpatya (wedding) the marriage formula is, 'Fulfil ye the law conjointly.'7
8. At the Ârsha (wedding the bridegroom) shall present a cow and a bull to him who has (authority over) the maiden.8
9. (If the bride) is given, decked with ornaments. to a priest at the altar, that is a Daiva wedding.9
10. The spontaneous union with a willing (maiden is called) a Gândharva wedding.10
11. If those who have (authority over) a female are propitiated by money, (that is) an Âsura wedding.11
12. (If the bride) is taken by force, (that is) a Râkshasa wedding.12
13. If (a man) embraces a female deprived of consciousness, (that is) a Paisâka wedding.13
14. The first four (rites) are lawful;14
15. Some say, (the first) six.15
16. (Children) born in the regular order of wives of the next, second or third lower castes (become) Savarnas, Ambashthas, Ugras, Nishâdas, Daushyantas or Pârasavas.16
17. (Children born) in the inverted order (of wives of higher castes become) Sûtas, Mâgadhas, Âyogavas, Kshattris, Vaidehakas or Kandâlas.17
18. Some declare, that a woman of the Brâhmana caste has born successively to (husbands of) the (four) castes, sons (who are) Brâhmanas, Sûtas, Mâgadhas or Kandâlas;18
19. (And that) a woman of the Kshatriya caste (has born) to the same, Mûrdhâvasiktas, Kshatriyas, Dhîvaras, Pulkasas;
20. Further, a woman of the Vaisya caste to the same, Bhrigyakanthas, Mâhishyas, Vaisyas, and Vaidehas;
21. (And) a woman of the Sûdra caste to the same, Pârasavas, Yavanas, Karanas, and Sûdras.
22. In the seventh (generation men obtain) a change of caste, either being raised to a higher one or being degraded to a lower one.19
23. The venerable teacher declares (that this happens) in the fifth (generation).20
24. And (the same rule applies) to those born (from parents of different classes that are) intermediate between (two of the castes originally) created (by Brahman).21
25. But those born in the inverse order (from fathers of a lower and mothers of a higher caste stand) outside (the pale of) the sacred law,22
26. As well as (those born in the regular order) from a female of the Sûdra caste.23
27. But he whom a Sûdra (begets) on a female of unequal caste shall be treated like an outcast.24
28. The last (named, the Kandâla), is the foulest.25
29. Virtuous sons (born of wives of equal caste) and wedded according to approved rites sanctify (their father's family).
30. (A son born of a wife married) according to the Ârsha rite (saves) three ancestors (from hell),26
31. (A son born of a wife married) according to the Daiva rite ten,27
32. (A son born of a wife married) according to the Prâgâpatya rite, also ten.28
33. (But) the son of a wife married according to the Brâhma rite (saves) ten ancestors, ten descendants, and himself.29
Footnotes
1. Âpastamba II, 6, 13, 1; Manu III. 4, 12; Yâgñ. I, 52.
2. Regarding the Pravaras, see Max Müller's History of Ancient Sanskrit Literature. p. 386. Âpastamba II, 5, 11, 15.
3. Âpastamba II, 5, 11, 16; Manu III, 5; Yâgñ. I, 52.
4. This rule refers to the case where a husband has made over his wife to another man and the bridegroom stands in the relation of a son to the husband of his mother and to his natural father (dvipitâ). See Yâgñ. I, 68.
5. Yâgñ. I, 53.
6. Âpastamba II, 5, 11, 17. 'Virtuous conduct (kâritra), i.e. the performance of the acts prescribed (in the Vedas and Smritis), . . . . good disposition (sîla), i.e. faith in the ordinances of the law.'--Haradatta.
7. Manu III, 30; Yâgñ. I, 60.
8. Âpastamba II, 5, 11. 18.
9. Âpastamba II, 5, 11, 19.
10. Âpastamba II, 5, 11, 20.
11. Âpastamba II, 5, 12, 1.
12. Âpastamba II, 5, 1 2, 2.
13. Manu III, 34; Yâgñ. I, 61.
14. Manu III, 24, 39.
15. Manu III, 23.
16. I.e. from a Brâhmana and a Kshatriyâ springs a Savarna, from a Brâhmana and a Vaisyâ a Nishâda, from a Brâhmana and a Sûdrâ a Pârasava, from a Kshatriya and a Vaisyâ an Ambashtha, and from a Kshatriya and a Sûdrâ a Daushyanta, from a Vaisya and a Sûdrâ an Ugra. Compare for this and the following five Sûtras Manu X, 6-18; Yâgñ. I, 91-95.
17. I.e. from a Kshatriya and a Brâhmanî springs a Sûta, from a Vaisya and a Kshatriya a Mâgadha, from a Sûdra and a Vaisyâ an Âyogava, from a Vaisya and a Brâhmanî a Kshattri, from a Sûdra and a Kshatriyâ a Vaidehaka, from a Sûdra and a Brâhmanî a Kandâla.
18. The words 'Some declare' stand only at the end of Sûtra 21. But Haradatta rightly declares that they refer to all the four Sûtras. The proof for the correctness of his interpretation lies in the use of the form agîganat, which refers to each of the Sûtras. The four Sûtras are, however, probably spurious, as Sûtra 28 refers back to Sûtra 17 by calling the Kandâla 'the last (named).'
19. Âpastamba II, 5, 11, 10-11. 'That is as follows: If a Savarnâ female, born of the Kshatriya wife of a Brâhmana, is married to a Brâhmana, and her female descendants down to the seventh likewise, then the offspring which that seventh female descendant bears to her Brâhmana husband is equal in caste to a Brâhmana. In like manner, if a Savarna male, the son of a Brâhmana and of his Kshatriya wife, again marries a Kshatriya wife and his male descendants down to the seventh likewise, then the offspring of that seventh male descendant is equal in caste to a Kshatriya. The same principle must be applied to the offspring of Kshatriyas and wives of the Vaisya caste as well as to Vaisyas and wives of the Sûdra caste.'--Haradatta.
20. '(The venerable) teacher opines that the change of caste takes place in the fifth generation. They declare that the plural may be used to denote one teacher. This Sûtra refers to (cases of extraordinary merit acquired through) virtuous conduct and study of the Veda.'--Haradatta. It is clear that in this case Haradatta, too, has seen that the word âkâryâh has another force than the more common eke; see above, note to III, 36.
21. That is as follows: If the daughter of a Savarna, born of a wife of the Ambashtha caste, is married again to a Savarna, and her female descendants down to the seventh likewise, then the offspring of that seventh female descendant, begotten by a Savarna husband, is equal in caste to a Savarna.'--Haradatta. Regarding the birth of the four castes from Brahman, see Rig-veda X, 90, 12.
22. Manu X, 41, 67-68.
23. Manu X, 68.
24. '"Shall be treated like an outcast," i.e. one must avoid to look at him, &c., just as in the case of an outcast.'--Haradatta.
25. Manu X, p. 56.
26. Manu III, 38; Yâgñ. I, 59.
27. Manu III, 38; Yâgñ. I, 59.
28. Manu III, 38; Yâgñ. I, 60.
29. Manu III, 37; Yâgñ. I, 58.
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