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Women In The Sacred Laws
Kulapati's Preface The Author
Foreword Prologue
The Dharma Sutras Contemporary Evidence
The Manu - Samhita The Later Law-Books
Digest On Hindu Law Espirit Des Lois
Major Sections

THE LATER LAW - BOOKS

'O Indra, you come to this our sacrifice by excellent ways, and having come take this portion given by us. The Vapa dressed with Arya etc. has been offered for propitiating thee. Herein are two illustrations, As a maternal uncle's girl, i.e. daughter, is the sister's sons portion, i.e. may be taken by him, i.e. is fit to be married by the sister's son, even so this is your portion known as Vapa.'

Also in Vajasaneyaka: 'Therefore from a common person the eater and the eatable are born; may we meet at the third or at the fourth.' From a common person, i.e., the same person, the eater, i.e. enjoyer, and the eatable, i.e. the person to be enjoyed, both are born; and these two resolve together, 'may we meet, i.e. marry as the third or fourth generation from the common ancestor. 24

Further, we have in the Vajasaneyi Samhita 'one could be united in the third generation'. 25  Madhava charya, on the strength of the above two Sruti statements, argues that, though marriage between, cousins is disapproved of by law and is condemned by the people of the north, we have the highest sanction for it in the Sruti texts. If it is objected to on the ground that it falls within the limits of consanguinity, there is in extenuation the statement of the Vajasaneyi. Sanihita, which allows marriage in the third generation.

As the daughter of a maternal uncle or the daughter of a father's sister belong to the third generation, the relation of Pinda will be avoided on the strength of the above Sruti text. 26 Baudhayana sanctions it on the strength of its popularity in the particular part of the country, though it is frowned upon elsewhere. When a custom is thus sanctioned by tradition, it becomes a law. 27 The other lawgivers, such as Devala and Bhrigu, have the following arguments in support of tradition. Bhrigu says, 'A custom that is prevalent in a country, town, or village, is the Dharma or law.

One should not lay it aside'. 28 Devala, too, speaks thus in support of tradition : -' One should follow the laws sanctioned by tradition.' Hence has cousin-marriage is sanctioned by tradition, it is not blamable. Against this, it has been argued that, if the authority of the Sruti has to be followed, then we have the highest sanction in them for a father to marry his daughter, as Prajapati himself wished to marry his daughter.

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Women In The Sacred Laws
About The Later Law Books
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