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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 :

91. ' If, not being given in marriage, she chuse her bridegroom, neither she, nor the

the youth chosen,
commits any offence;
92. · But a damsel, thus electing her husband, shall
not carry with her the ornaments, which she re-
' ceived from her father, nor those given by her
mother or brethren : if she

carry
them
away,

she commits theft.

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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 marry immediately.

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. 96. “ To be mothers, were women created; and to be fathers, men; religious rites, therefore are ordained

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CHAP. ' in the Véda to be performed by the husband to

gether with the wife.

IX.

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 ;

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even

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98. But

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;

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.

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100.0

101. “ Let mutual fidelity continue to death :” this, 6. in few words, may be considered as the

supreme • law between husband and wife.

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

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' failure of issue by him begotten : learn now the law CHAP. r of inheritance.

IX.

106.

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.

103. " 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.

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, there· fore, ought

ought before partition to manage the whole patrimony: 107. “ That son alone, by whose birth he discharges his debt, and through whom he attains im

mortality, 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 r should behave to their father.

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109. · The first-born, if virtuous, exalts the family, or, if vitious, destroys it: the first-born is in this

world

CHAP.

IX.

' world the most respectable; and the good never I treat him with disdain.

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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 r 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 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. 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 performing their several duties, there is no deduction ' of the best in ten, or the most excellent chattel ;

though

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IX.

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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 :

117. · Let the eldest have a double share, and the * next-born, a share and a half, if they clearly sur

pass 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 6 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 give it, shall be degraded. 119. - Let them never divide the value of a single goat or sheep, or a single beast with uncloven · hoofs : a single goat or sheep remaining after an equal distribution, belongs to the first-born.

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 • settled.

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121. "The

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