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though authorized by the husband or spiritual guide, except when such wife has no issue.
On failure of issue by the husband, if he be of the servile class, the desired offspring may be ' procreated, either by his brother or some other sapinda, on the wife, who has been duly
duly au6thorized :
60. · Sprinkled with clarified butter, silent, in the • night, let the kinsman 'thus appointed beget one
son, but a second by no means, on the widow or · childless wife :
61. • Some sages, learned in the laws concerning
women, thinking it possible, that the great object • of that appointment may not be obtained by the · birth of a single son, are of opinion, that the wife · and appointed kinsman may legally
may legally procreate a 6 second.
62. “ The first object of the appointment being obtained according to law, both the brother and the ' widow must live together like a father and a daughter by affinity.
63. Either brother, appointed for this purpose, " who deviates from the strict rule, and acts from ' carnal desire, shall be degraded, as having defiled ' the bed of his daughter-in-law, or of his father.
64. ' By men of twice-born classes no widow, or • childless wife, must be authorized to conceive by any other than her lord; for they, who authorize
· her to conceive by any other, violate the primeval CHAP.
65. - Such a commission to a brother or other near • kinsman is no where mentioned in the nuptial texts ' of the Véda; nor is the marriage of a widow even " named in the laws concerning marriage.
66. “ This practice, fit only for cattle, is repre· hended by learned Bráhmens ; yet it is declared to · have been the practice even of men, while Ve’na · had sovereign power :
67. · He, possessing the whole earth, and thence only called the chief of sage monarchs, gave rise to
a confusion of classes, when his intellect became ' weak through lust.
68. · Since his time the virtuous disapprove of that man, who, through delusion of mind, directs a widow ' to receive the caresses of another for the sake of
progeny. 69. · The damsel, indeed, whose husband shall die • after troth verbally plighted, but before consumma
tion, his brother shall take in marriage according 6 to this rule :
70. “ Having espoused her in due form of law, she being clad in a white robe, and pure in her moral conduct, let him approach her once in each proper season, and until issue be had.
71. ' Let no man of sense, who has once given
CHAP.. his daughter to a suitor, give her again to another ;
for he, who gives away his daughter, whom he had before given, incurs the guilt and fine of speaking falsely in a cause concerning mankind. 72. “ Even though a man have married a young woman in legal form, yet he may abandon her, if · he find her blemished, afflicted with disease, or previously deflowered, and given to him with fraud : 73. “ If any man give a faulty damsel in marriage,
without disclosing her blemish, the husband may ' annul that act of her ill-minded giver.
74. “ Should a man have business abroad, let him assure a fit maintenance to his wife, and then reside for a time in a foreign country; since a wife, even though virtuous, may be tempted to act amiss, if she be distressed by want of subsistence :
75. " While her husband, having settled her main' tenance, resides abroad, let her continue firm in
religious austerities; but, if he leave her no support, . let her subsist by spinning and other blameless
76. If he live abroad on account of some sacred duty, let her wait for him eight years; if on ac· count of knowledge or fame, six; if on account of
pleasure, three : after those terms have expired, she ' must follow him. 77. For a whole
let a husband bear with • his wife, who treats him with aversion; but, after
" a year,
'a year, let him deprive her of her separate pro- CHAP.
perty, and cease to cohabit with her.
She, who neglects her lord, though addicted 'to gaming, fond of spirituous liquors, or diseased,
must be deserted for three months, and deprived of her ornaments and household furniture :
79. · But she, who is averse from a mad husband,
who acts immorally, who shows atred to her lord, · who is incurably diseased, who is mischievous, who
wastes his property, may at all times be superseded by another wife.
81. “A barren wife may be superseded by another i in the eighth year : she, whose children are all dead, ' in the tenth; she, who brings forth only daughters, ' in the eleventh; she, who speaks unkindly, without
delay; 82. ' But she, who, though afflicted with illness, is beloved and virtuous, must never be disgraced, though ' she may be superseded by another wife with her own consent.
83. “ If a wife, legally superseded, shall depart in • wrath from the house, she must either instantly be
2 a 2
confined, or abandoned in the presence of the whole family:
84. ' But she, who, having been forbidden, addicts ' herself to intoxicating liquor even at jubilees, or ' mixes in crowds at theatres, must be fined six racticàs of gold,
85. " When twice-born men take wives, both of their ' own class and others, the precedence, honour, and · habitation of those wives, must be settled according to the order of their classes : 86. - To all such married men, the wives of the same class only (not wives of a different class by
any means) must perform the duty of personal at• tendance, and the daily business relating to acts • of religion; 87. “ For he, who foolishly causes those duties to
performed by any other than his wife of the same class, when she is near at hand, has been immemorially considered as a mere Chandála begotten on a Bráhmeni. 88. · To an excellent and handsome youth of the same class, let every man give his daughter in marriage, according to law; even though she have not attained her age of eight years : 89. · But it is better, that the damsel, though marriageable, should stay at home till her death, than " that he should ever give her in marriage to a bridegroom void of excellent qualities.