6 IX. 90. Three years let a damsel wait, though she be CHAP. marriageable; but, after that term, let her chuse 'for herself a bridegroom of equal rank: 6 91. If, not being given in marriage, she chuse her 92. But a damsel, thus electing her husband, shall 93. He, who takes to wife a damsel of full age, 'shall not give a nuptial present to her father; since the father lost his dominion over her, by detaining her at a time, when she might have been a parent. 94. A man, aged thirty years, may marry a girl of twelve, if he find one dear to his heart; or a man ' of twenty-four years, a damsel of eight; but, if he finish his studentship earlier, and the duties of his 'next order would otherwise be impeded, let him 95. A wife, given by the gods, who are named in the bridal texts, let the husband receive and support constantly, if she be virtuous, though he married her not from inclination: such conduct will please the gods. 6 96. To be mothers, were women created; and to 'be fathers, men; religious rites, therefore are ordained CHAP. in the Véda to be performed by the husband together with the wife. 97. IF a nuptial gratuity has actually been given 'to a damsel, and he, who gave it, should die before marriage, the damsel shall be married to his brother, if she consent; 98. But even " a man of the servile class ought 'not to receive a gratuity, when he gives his daughter in marriage; since a father, who takes a fee on that 'occasion, tacitly sells his daughter. 99. Neither ancients nor moderns, who were good men, have ever given a damsel in marriage, after she had been promised to another man ; 100. Nor, even in former creations, have we heard the virtuous approve the tacit sale of a daughter for a price, under the name of a nuptial gratuity. 101. "Let mutual fidelity continue to death:" this, "in few words, may be considered as the law between husband and wife. supreme 102. Let a man and woman, united by marriage, constantly beware, lest, at any time disunited, they 'violate their mutual fidelity. 103. Thus has been declared to you the law, abounding in the purest affection, for the conduct ' of man and wife; together with the practice of raising up offspring to a husband of the servile class on 'failure 'failure of issue by him begotten: learn now the law CHAP. of inheritance. 104. AFTER the death of the father and the mother, the brothers being assembled, may divide among 'themselves the paternal and maternal estate; but they have no power over it, while their parents live, ' unless the father chuse to distribute it. 6 6 6 105. The eldest brother may take entire possession of the patrimony; and the others may live under him, as they lived under their father, unless they chuse to be separated. 106. By the eldest, at the moment of his birth, the father, having begotten a son, discharges his 'debt to his own progenitors; the eldest son, therefore, ought before partition to manage the whole patrimony: 107. That • son alone, by whose birth he discharges his debt, and through whom he attains immortality, was begotten from a sense of duty: all the rest are considered by the wise as begotten from love of pleasure. 108. Let the father alone support his sons; and 'the first-born, his younger brothers; and let them 'behave to the eldest, according to law, as children should behave to their father. 109. The first-born, if virtuous, exalts the family, or, if vitious, destroys it: the first-born is in this IX. CHAP. IX. 'world the most respectable; and the good never treat him with disdain. 6 110. If an elder brother act, as an elder brother ought, he is to be revered as a mother, as a father; ' and, even if he have not the behaviour of a good ' elder brother, he should be respected as a maternal uncle, or other kinsman. 111. Either let them thus live together, or, if they ' desire separately to perform religious rites, let them live apart; since religious duties are multiplied in separate houses, their separation is, therefore, legal and even laudable. 112. The portion deducted for the eldest is a twen'tieth part of the heritage, with the best of all the 'chattels; for the middlemost, half of that, or a fortieth; for the youngest, a quarter of it, or an eightieth. 113. The eldest and youngest respectively take their 'just mentioned portions; and, if there be more than one between them, each of the intermediate sons has the mean portion, or the fortieth. 6 6 114. Of all the goods collected let the first-born, if he be transcendently learned and virtuous, take the 'best article, whatever is most excellent in its kind, and the best of ten cows or the like: 115. But among brothers equally skilled in per'forming their several duties, there is no deduction of the best in ten, or the or the most excellent chattel; < though some trifle, as a mark of greater veneration, CHAP. 'should be given to the first-born. 116. If a deduction be thus made, let equal shares ' of the residue be ascertained and received; but, if there be no deduction, the shares must be distri'buted in this manner : 6 6 117. Let the eldest have a double share, and the next-born, a share and a half, if they clearly surpass the rest in virtue and learning; the younger sons must have each a share: if all be equal in good qualities, they must all take share and share alike. 118. To the unmarried daughters by the same mother, let their brothers give portions out of their own allotments respectively, according to the classes of their several mothers: let each give a fourth part ' of his own distinct share; and they, who refuse to 6 6 give it, shall be degraded. 119. Let them never divide the value of a single 120. Should a younger brother, in the manner before mentioned, have begotten a son on the wife of • his deceased elder brother, the division must then be 'made equally between that son, who represents the de ceased, and his natural father: thus is the law 6 settled. IX. |