युधिष्ठिर उवाच कन्यायाः प्राप्तशुल्कायाः पतिश्चेन्नास्ति कश्चन। तत्र का प्रतिपत्तिः स्यात् तन्मे ब्रूहि पितामह॥
Yudhishthira said If a person, after having given dower for a maiden, goes away, how should the maiden's father or other kinsmen who can bestow her, act? Do tell me this, O grandfather?
भीष्म उवाच याऽपुत्रकस्य ऋद्धस्य प्रतिपाल्या तदा भवेत्। अथ चेन्नाहरेच्छुल्कं क्रीता शुल्कप्रदस्य सा॥
Bhishma said Such a maiden, if she be the daughter of a sonless and rich father, should be maintained by the father. Indeed, if the father does not return the dower to the kinsmen of the giver, the maiden should be considered as belonging to the giver of the dower.
तस्यार्थेऽपत्यमीहेत येन न्यायेन शक्नुयात्। न तस्मान्मन्त्रवत्कार्यं कश्चित् कुर्वीत किंचन॥
She may even raise children for the giver by any of those means that are laid down in the scriptures. No person, however, can marry her according to due rites.
स्वयंवृतेन साऽऽज्ञप्ता पित्रा वै प्रत्यपद्यता तत् तस्यान्ये प्रशंसन्ति धर्मज्ञा नेतरे जनाः॥
Commanded by her father, the princess Savitri had in days of old chosen a husband and united herself with him. This act of hers is praised by some; but others, conversant with the scriptures, condemn it'.
एतत् तु नापरे चक्रुरपरे जातु साधवः। साधूनां पुनराचारो गरीयान् धर्मलक्षणः॥
Others who are righteous have not acted thus. Others maintain that the conduct of the righteous should ever be considered as the foremost evidence of duty or morality.
अस्मिन्नेव प्रकरणे सुक्रतुर्वाक्यमब्रवीत्। नप्ता विदेहराजस्य जनकस्य महात्मनः॥
Upon this subject, Sukratu, the grand son of the great Janaka, the king of the Videhas, has declared the following opinion.
असदाचरिते मार्गे कथं स्यादनुकीर्तनम्। अत्र प्रश्नः संशयो वा सतामेवमुपालभेत्॥
There is the wellknown injunction of the scriptures that women can enjoy freedom at any period of their life. If this were not the path of the virtuous, how could this scriptural saying exist? As regards the pious, therefore, how can there be any question or doubt about it? How can people condemn that saying by choosing to conduct themselves otherwise?
असदेव हि धर्मस्य प्रदानं धर्म आसुरः। नानुशुश्रुम जात्वेतामिमां पूर्वेषु कर्मसु॥
The impious violation of eternal practice is considered as the practice of the Asuras. We never hear of such practice in the conduct of the ancients.
भार्यापत्योर्हि सम्बन्धः स्त्रीपुंसोः स्वल्प एव तु। रतिः साधारणो धर्म इति चाह स पार्थिवः॥
The relationship of husband and wife is very subtile. It is different from the natural relationship of male and female which consists only in the desire for sexual intercourse. This also was said by ihe king of Janaka's race.
युधिष्ठिर उवाच अथ केन प्रमाणेन पुंसामादीयते धनम्। पुत्रवद्धि पितुस्तस्य कन्या भवितुमर्हति॥
Yudhishthira said Under what authority is the property of men inherited (by others when they happen to have daughters)? As for her father the daughter should be considered the same as the son.
भीष्म उवाच यथैवात्मा तथा पुत्रः पुत्रेण दुहिता समा। तस्यामात्मनि तिष्ठन्त्यां कथमन्यो धनं हरेत्॥
Bhishma said The son is even as one's own self, and the daughter is like the son. How, therefore, can another take the riches when one lives in his ownself in the form of his daughter?
मातुश्च यौतकं यत् स्यात् कुमारीभाग एव सः। दौहित्र एव तद् रिक्थमपुत्रस्य पितुर्हरेत्॥
Whatever is the own property of the mother, is due to the maiden daughter. If the maternal grandfather happens to die without leaving sons, the daughter's son should inherit it.
ददाति हि स पिण्डान् वै पितुर्मातामहस्य च। पुत्रदौहित्रयोरेव विशेषो नास्ति धर्मतः॥
The daughter's son offers funeral cakes to his own father and the father of his mother. Hence, for the ends of justice, there is no difference between the son and their daughte son.
अन्यत्र जामया साधु प्रजानां पुत्र ईहते। दुहितान्यत्र जातेन पुत्रेणापि विशिष्यते॥
When a person has got only a daughter and she has been invested by him with the position of a son, if he then happens to have a son, such son shares the inheritance with the daughter. When, again, a person has got a daughter and she has been invested by him with the position of a son, if he then happens to take a son by adoption or purchase, then the daughter is considered superior to such son.
दौहित्रकेण धर्मेण नात्र पश्यामि कारणम्। विक्रीतासु हि ये पुत्रा भवन्ति पितुरेव ते॥
In the following case I do not see any reason why the daughter's son should be considered as the proper heir. The case is that of the daughter who has been sold by her father. The sons born of a daughter who has been sold by her sire for actual price, belong exclusively to their father. Such sons can never belong, even as daughter's sons, to their maternal grandfather on account of his having sold their mother for price and lost all his rights in or to her by that deed.
असूयवस्त्वधर्मिष्ठाः परस्वादायिनः शठाः। आसुरादधिसम्भूता धर्माद् विषमवृत्तयः॥
Such sons, again, become full of malice, impious in conduct, the misappropriators of other people's riches, and full of deceit and cunning. Having originated from that sinful form of marriage called Asura, the offspring becomes wicked in conduct.
अत्र गाथा यमोद्भीताः कीर्तयन्ति पुराविदः। धर्मज्ञा धर्मशास्त्रेषु निबद्धा धर्मसेतुषु॥
Persons acquainted with ancient history, conversant with duties, devoted to the scriptures and firm in maintaining the restrictions therein laid down, recite in this connection some verses sung in days of yore by Yama.
यो मनुष्यः स्वकं पुत्रं विक्रीय धनमिच्छति। कन्यां वा जीवितार्थाय यः शुल्केन प्रयच्छति॥ सप्तावरे महाघोरे निरये कालसाह्वये। स्वेदं मूत्रं पुरीषं च तस्मिन् मूढः समश्नुते॥
That man who acquires riches by selling his own son, or who bestows his daughter after accepting a dower for his own livelihood, has to sink in seven dreadful hells one after another, known by the name of Kalas. There that wretch has to feed upon sweat and urine and stools during that period.
आर्षे गोमिथुनं शुल्कं केचिदाहुम॒षैव तत्। अल्पो वा बहु वा राजन् विक्रयस्तावदेव सः॥
In that form of marriage which is called Arsha, the person who marries has to give a bull and a cow and the father of the maiden accepts the gift. Some characterise this gift as a dower (or price), while some are of opinion that it should not be considered in that light. The true opinion, however, is that a gift for such a purpose, be it of small value or large, should, O king, be considered as dower or price, and the bestowal of the daughter under such circumstances should be considered as a sale.
यद्यप्याचरित: कैश्चिन्नैष धर्मः सनातनः। अन्येषामपि दृश्यन्ते लोकतः सम्प्रवृत्तयः॥
Despite the fact of its having been practised by a few persons it can never be taken as the eternal practice. Other forms of marriage are seen, practiced by men, such as marrying girls after carrying them away by force from amidst their kinsmen.
वश्यां कुमारी बलतो ये तां समुपभुजते। एते पापस्य कर्तारस्तमस्यन्थे च शेरते॥
Those persons who have sexual intercourse with a maiden, by force are considered as perpetrators of sin. They have to sink in darkest hell.
अन्योऽप्यथ न विक्रेयो मनुष्यः किं पुनः प्रजाः। अधर्ममूलैर्हि धनैस्तैर्न धर्मोऽथ कश्चन॥
Even a human being who is not a relation of blood should not be sold. What need then be said of one's own child? With the riches that is acquired by doing sinful deeds, no meritorious deed can be performed.