In cases where the nuptial fee has been paid, the bride can, in the event
of the death of the giver of the fee, be given to the deceaseds brother, with her
consent. 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, if she so desires.49
This is done without giving her any choice in the matter.
'If the future husband of a maiden dies after the, troth is verbally
plighted, her brother-in-law shall wed her according to the following rule.
she has no say in the matter, and the rule prescribed corresponds to the Niyoga custom
ordained for widows.
Coming, next, to the position of a wife in home and society, we find
Manu adhering to the old Vedic order. 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. 51 He thus gives a wife an indispensable place in
the religious field, which is consistent with the Vedic and Brahmanic rituals.
Manu, like his predecessors, is against giving an independent position
to a woman in, society, and he declares: Her father protects her in her childhood,
her husband protects her in youth, and her sons protect her in old age; a woman is
never fit for independence. 52
This is an exact replica of Baudhayana. 53 Manu reasserts the same in
the fifth book. 54