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Tag: laws of Manu

  • Divorce, Widow Remarriage Allowed By Vedic Hinduism

     

    Gandharva Marriage-Shakuntala and Dushyant.
    Gandharva Marriage-Shakuntala and Dushyant.

    Marriage in India, Hinduism is a bit complex in that Marriages are intertwined with Religion ,Spirituality, Disposition and place in the Society.

    As I have mentioned in my earlier posts, the Social Organisation , incorrectly called as ‘Caste’ Marriages were classified into Eight Types, based on the couples disposition and their Social Status.

    The Eight Types of Marriages ,Vivaha.

    1. Brahma Vivaah:Brahma vivah is considered the best marriage. In this the boy and girl belonging to good families and the same varna get married. The boy should have completed his Brahmacharya Ashram (studenthood). There is no dowry involved and the girl enters the boy’s house with two sets of clothes and some ornaments. In this marriage, the boy’s family approaches the girl’s family. “Kanyadaan”, which is the handing of the bride by her father to the groom, is an important ritual of the Brahma Vivah..
    2. Prajapatya Vivaah: This type of marriage is the same as the Brahma vivaah in all respects, except that the bride’s father gives her away as a gift, not to the groom, but to the groom’s father. This type of marriage is resorted to when the groom and bride are both very young. Thus, the protection of the bride or daughter is handed over by her father to the groom’s father during the Panigrahan (hand-receiving) ceremony. The wedding ceremony involving the young bride and groom may take place immediately afterwards, but the wedding may not be consummated for several years, until the bride and groom are old enough.
    3. Daiva Vivaah: In this type of wedding, there are no feasts or celebrations that are specific to the wedding, but the wedding of the daughter of a poor family is held as an act of charity by wealthy people. It was customary for kings, landlords and rich merchants to hold religious ceremonies and sacrifices where many gifts would be given and charities performed for the benefit of learned Brahmins and the poor. During these great events, a poor man would sometimes approach the wealthy host and seek the charity that his daughter’s wedding be performed at this time. This type of marriage may take place if the girl’s parents are unable to locate a suitable groom within a reasonable period (several years) after the girl has attained puberty. Often, the reason for this would be that the parents of the bride cannot afford the expense of their daughter’s marriage. It was considered improper or unsafe to keep a girl unwed past her teens, and anyway the chances of an aging girl getting a good husband were not better than the same girl getting a good husband at a younger age. So the girl would be bedecked with flowers and whatever small ornaments the parents could provide and taken to the venue of the religious ceremony or sacrifice being performed by a rich magnate. She would be offered in marriage to any willing man and generally this would be one of the priests, young or old. The wedding ceremony would be performed in short order and the feasts which were anyway being hosted as part of the festivities would suffice for this extra wedding also. According to the Dharmashastra, Daiva marriage is considered avoidable but is still respectable since poverty is not culpable; lack of virtue is reprehensible but honest poverty is acceptable.
    4. Arsha Vivaah: In this type of marriage, the family of the groom pays kanya-shulkam or bride-price to the parents of the bride. According to certain texts, the prescribed bride-price is a cow with a calf and a pair of bulls. The sacred texts provide various lists of specific communities where this custom prevailed and imply that it is unfitting in general society. However, several instances are found in the puranas of marriage between a man from mainstream communities and a woman from one of the bride-price seeking communities (Pandu–Madri; Dasharatha–Kaikeyi, etc.). In nearly all cases, the man willingly pays the bride-price and brings his bride home. Also in nearly all these cases, the woman thus obtained comes to dominate her husband and causes havoc and ruin in his family.
    5. Asura Vivaah: In the Asura type of marriage the groom is not at all suitable for the bride. In no way is he a match for the girl but he willingly gives as much wealth as he can afford to the bride’s parents and relatives. In Arsha type cows are given in exchange for the bride but there is no such limitation in the Asura type of marriage. Generally the groom is of lower social rank or caste than the bride. This type of marriage is highly disfavored.
    6. Gandharva Vivaah: When a man and a woman marry for love and without the consent of their families, that marriage is called Gandharva Vivaah or ‘love marriage.’ This type of marriage is considered impious and degrading because it is motivated by lust. In Hinduism, a man is supposed to marry a woman who will aid him in performing his duties towards his parents, clan and society, and to have sons to perpetuate his lineage. Love marriages are seen as taking a man away from all these duties and making him besotted to a beautiful, lustful woman, mindful only of his own selfish pleasures and unmindful of his duties. Hence this form of marriage is reprobated.
    7. Rakshasa Vivaah: This is essentially marriage by abduction. In cases where the girl is willing to marry the boy but her family is against the alliance, the girl may be abducted and married. It is essential that the girl be willing, because otherwise, the puranas and shastras simply treat the incident of abduction as rape, with consequent vengeance and retribution. Instances of such marriages include Krishna–Rukmini and Arjuna–Subhadra, in all of which cases the girl was willing and the results were good.
    8. Paishacha Vivaah: In the case where the bride is intoxicated, possessed or not in a conscious state of mind when being married and thus is married unwillingly, is an example Paishacha vivaah, and which has been outlawed by Manu.(Wiki)

    Of these eight,  in the first Two Case, Brahmana Vivaha and Prajapati Vivaha, Divorce and Remarriage and Widow Remarriage were not allowed.

    This is because of the elevated status these two groups, which perform these types of Marriages belong to.

    Normally  these were performed by the Brahmana, Kshatriya and Vaisya Communities.

    What is important to note is that the ‘Caste’ is determined based on wedlock and Wedlock is not determined by the caste, in the sense that those who marry other than these two types of Marriages no longer belong to the Group and are not constrained by  their original groups laws.

    An example is the marriage of  Asura Guru,Sukra’s daughter’s marriage.( Devyani).

    Sukracharya, a Brahmin was the Guru of Asuras .

    His duty was to get his daughter married  in the style of Brahmana Vivaha.

    Since it he did not do it, for no fault of his, he separated himself from his daughter, who later married  a King.

    In these cases, the Laws of Manu ,proscribing remarriage or Divorce do not apply.

    The Laws of Manu forbidding Remarriage and Divorce are related to the two types of marriages and not to other Varnas.

    In all the other six cases, laws of Manu do not apply and there is no bar for remarriage.

    As has been the vein of Sanatana Dharama, stricter laws are applied to Barhmains, Kshatriyas ans Vaishyas.

    Therefore Divorce and Remarriages were allowed  except in the case of the Brahmanas ,Kshtriyas and Vishyas,

    In case people from these groups decide to marry in a form other than what is prescribed, Namely Brahman Vivaha and Prajapati Vivaha, tey acn, but they are no longer controlled by the laws that were applicable to them earlier.

    The which group do they belong to and what rules should they follow?

    This will be dealt with separately in another post, where I will be discussing how many so-called caste groups came into being.

    Ref:

    Indian History By Reddy.

    http://books.google.co.in/books?id=CeEmpfmbxKEC&pg=SL1-PA233&lpg=SL1-PA233&dq=remarriage+of+Gandharva+Vivaha&source=bl&ots=fwIEuFM2AF&sig=1WnCrPG8RSlQFj2FltTr278Iqlk&hl=en&sa=X&ei=UUPvUdPiF4q8rAfXg4HwDQ&ved=0CD0Q6AEwAQ#v=onepage&q=remarriage%20of%20Gandharva%20Vivaha&f=false

    http://hinduism.about.com/library/weekly/extra/bl-lawsofmanu1.htm

  • Manusmriti On Brahmin’s Duty Vedas

    Manusmriti
    Manusmriti,The Laws of Manu

    I am posting excerpts(some) relating to the Duties of a Brahmin and on the Vedas.

    Here one finds that the Duties prescribed for the Brahmins are tough and unrelenting.

    Manu offers greater respect and status to Brahmins – the educated ones. Dwijas or twice born or those who completed their education are provided heightened standing in society so far they conduct noble deeds. But when it comes to crimes, they also have to face more severe punishments. With greater potentials, come greater responsibilities and stricter punishments when one fails to fulfill those responsibilities.

    One may also note that in the vent of a conflict between Vedas and Smriti(Tradition) what is to be practiced.

    For more follow the Link;

    The whole Veda is the (first) source of the sacred law, next the tradition and the virtuous conduct of those who know the (Veda further), also the customs of holy men, and (finally) self-satisfaction…

    Whatever law has been ordained for any (person) by Manu, that has been fully declared in the Veda: for that (sage was) omniscient.

    8. But a learned man after fully scrutinising all this with the eye of knowledge, should, in accordance with the authority of the revealed texts, be intent on (the performance of) his duties.

    9. For that man who obeys the law prescribed in the revealed texts and in the sacred tradition, gains fame in this (world) and after death unsurpassable bliss.

    10. But by Sruti (revelation) is meant the Veda, and by Smriti (tradition) the Institutes of the sacred law: those two must not be called into question in any matter, since from those two the sacred law shone forth.

    11. Every twice-born man, who, relying on the Institutes of dialectics, treats with contempt those two sources (of the law), must be cast out by the virtuous, as an atheist and a scorner of the Veda.

    12. The Veda, the sacred tradition, the customs of virtuous men, and one’s own pleasure, they declare to be visibly the fourfold means of defining the sacred law.

    13. The knowledge of the sacred law is prescribed for those who are not given to the acquisition of wealth and to the gratification of their desires; to those who seek the knowledge of the sacred law the supreme authority is the revelation (Sruti).

    14. But when two sacred texts (Sruti) are conflicting, both are held to be law; for both are pronounced by the wise (to be) valid law.

    Let twice-born men seek to dwell in those (above-mentioned countries); but a Sudra, distressed for subsistence, may reside anywhere.

    25. Thus has the origin of the sacred law been succinctly described to you and the origin of this universe; learn (now) the duties of the castes (varna).

    26. With holy rites, prescribed by the Veda, must the ceremony on conception and other sacraments be performed for twice-born men, which sanctify the body and purify (from sin) in this (life) and after death.

    27. By burnt oblations during (the mother’s) pregnancy, by the Gatakarman (the ceremony after birth), the Kauda (tonsure), and the Maungibandhana (the tying of the sacred girdle of Munga grass) is the taint, derived from both parents, removed from twice-born men.

    28. By the study of the Veda, by vows, by burnt oblations, by (the recitation of) sacred texts, by the (acquisition of the) threefold sacred science, by offering (to the gods, Rishis, and manes), by (the procreation of) sons, by the great sacrifices, and by (Srauta) rites this (human) body is made fit for (union with) Brahman.

    29. Before the navel-string is cut, the Gatakarman (birth-rite) must be performed for a male (child); and while sacred formulas are being recited, he must be fed with gold, honey, and butter.

    30. But let (the father perform or) cause to be performed the Namadheya (the rite of naming the child), on the tenth or twelfth (day after birth), or on a lucky lunar day, in a lucky muhurta, under an auspicious constellation.

    31. Let (the first part of) a Brahmana‘s name (denote something) auspicious, a Kshatriya‘s be connected with power, and a Vaisya‘s with wealth, but a Sudra’s (express something) contemptible.

    32. (The second part of) a Brahmana’s (name) shall be (a word) implying happiness, of a Kshatriya’s (a word) implying protection, of a Vaisya’s (a term) expressive of thriving, and of a Sudra’s (an expression) denoting service.

    33. The names of women should be easy to pronounce, not imply anything dreadful, possess a plain meaning, be pleasing and auspicious, end in long vowels, and contain a word of benediction.

    34. In the fourth month the Nishkramana (the first leaving of the house) of the child should be performed, in the sixth month the Annaprasana (first feeding with rice), and optionally (any other) auspicious ceremony required by (the custom of) the family.

    35. According to the teaching of the revealed texts, the Kudakarman (tonsure) must be performed, for the sake of spiritual merit, by all twice-born men in the first or third year.

    36. In the eighth year after conception, one should perform the initiation (upanayana) of a Brahmana, in the eleventh after conception (that) of a Kshatriya, but in the twelfth that of a Vaisya.

    37. (The initiation) of a Brahmana who desires proficiency in sacred learning should take place in the fifth (year after conception), (that) of a Kshatriya who wishes to become powerful in the sixth, (and that) of a Vaisya who longs for (success in his) business in the eighth.

    38. The (time for the) Savitri (initiation) of a Brahmana does not pass until the completion of the sixteenth year (after conception), of a Kshatriya until the completion of the twenty-second, and of a Vaisya until the completion of the twenty-fourth.

    39. After those (periods men of) these three (castes) who have not received the sacrament at the proper time, become Vratyas (outcasts), excluded from the Savitri (initiation) and despised by the Aryans.

    40. With such men, if they have not been purified according to the rule, let no Brahmana ever, even in times of distress, form a connexion either through the Veda or by marriage.

    41. Let students, according to the order (of their castes), wear (as upper dresses) the skins of black antelopes, spotted deer, and he-goats, and (lower garments) made of hemp, flax or wool.

    42. The girdle of a Brahmana shall consist of a of a triple cord of Munga grass, smooth and soft; (that) of a Kshatriya, of a bowstring, made of Murva fibres; (that) of a Vaisya, of hempen threads.

    43. If Munga grass (and so forth) be not procurable, (the girdles) may be made of Kusa, Asmantaka, and Balbaga (fibres), with a single threefold knot, or with three or five (knots according to the custom of the family).

    44. The sacrificial string of a Brahmana shall be made of cotton, (shall be) twisted to the right, (and consist) of three threads, that of a Kshatriya of hempen threads, (and) that of a Vaisya of woollen threads.

    45. A Brahmana shall (carry), according to the sacred law, a staff of Bilva or Palasa; a Kshatriya, of Vata or Khadira; (and) a Vaisya, of Pilu or Udumbara.

    46. The staff of a Brahmana shall be made of such length as to reach the end of his hair; that of a Kshatriya, to reach his forehead;

    (and) that of a Vaisya, to reach (the tip of his) nose.

    47. Let all the staves be straight, without a blemish, handsome to look at, not likely to terrify men, with their bark perfect, unhurt by fire.

    48. Having taken a staff according to his choice, having worshipped the sun and walked round the fire, turning his right hand towards it, (the student) should beg alms according to the prescribed rule.

    49. An initiated Brahmana should beg, beginning (his request with the word) lady (bhavati); a Kshatriya, placing (the word) lady in the middle, but a Vaisya, placing it at the end (of the formula).

    50. Let him first beg food of his mother, or of his sister, or of his own maternal aunt, or of (some other) female who will not disgrace him (by a refusal).

    51. Having collected as much food as is required (from several persons), and having announced it without guile to his teacher, let him eat, turning his face towards the east, and having purified himself by sipping water.

    52. (His meal will procure) long life, if he eats facing the east; fame, if he turns to the south; prosperity, if he turns to the west; truthfulness, if he faces the east.

    53. Let a twice-born man always eat his food with concentrated mind, after performing an ablution; and after he has eaten, let him duly cleanse himself with water and sprinkle the cavities (of his head).

    54. Let him always worship his food, and eat it without contempt; when he sees it, let him rejoice, show a pleased face, and pray that he may always obtain it.

    55. Food, that is always worshipped, gives strength and manly vigour; but eaten irreverently, it destroys them both.

    56. Let him not give to any man what he leaves, and beware of eating between (the two meal-times); let him not over-eat himself, nor go anywhere without having purified himself (after his meal).

    57. Excessive eating is prejudicial to health, to fame, and to (bliss in) heaven; it prevents (the acquisition of) spiritual merit, and is odious among men; one ought, for these reasons, to avoid it carefully.

    58. Let a Brahmana always sip water out of the part of the hand (tirtha) sacred to Brahman, or out of that sacred to Ka (Pragapati), or out of (that) sacred to the gods, never out of that sacred to the manes.

    59. They call (the part) at the root of the thumb the tirtha sacred to Brahman, that at the root of the (little) finger (the tirtha) sacred to Ka (Pragapati), (that) at the tips (of the fingers, the tirtha) sacred to the gods, and that below (between the index and the thumb, the tirtha) sacred to the manes.

    60. Let him first sip water thrice; next twice wipe his mouth; and, lastly, touch with water the cavities (of the head), (the seat of) the soul and the head.

    61. He who knows the sacred law and seeks purity shall always perform the rite of sipping with water neither hot nor frothy, with the (prescribed) tirtha, in a lonely place, and turning to the east or to the north.

    62. A Brahmana is purified by water that reaches his heart, a Kshatriya by water reaching his throat, a Vaisya by water taken into his mouth, (and) a Sudra by water touched with the extremity (of his lips).

    63. A twice-born man is called upavitin when his right arm is raised (and the sacrificial string or the dress, passed under it, rests on the left shoulder); (when his) left (arm) is raised (and the string, or the dress, passed under it, rests on the right shoulder, he is called) prakinavitin; and nivitin when it hangs down (straight) from the neck.

    64. His girdle, the skin (which serves as his upper garment), his staff, his sacrificial thread, (and) his water-pot he must throw into water, when they have been damaged, and take others, reciting sacred formulas.

    65. (The ceremony called) Kesanta (clipping the hair) is ordained for a Brahmana in the sixteenth year (from conception); for a Kshatriya, in the twenty-second; and for a Vaisya, two (years) later than that.

    66. This whole series (of ceremonies) must be performed for females (also), in order to sanctify the body, at the proper time and in the proper order, but without (the recitation of) sacred texts.

    67. The nuptial ceremony is stated to be the Vedic sacrament for women (and to be equal to the initiation), serving the husband (equivalent to) the residence in (the house of the) teacher, and the household duties (the same) as the (daily) worship of the sacred fire.

    68. Thus has been described the rule for the initiation of the twice-born, which indicates a (new) birth, and sanctifies; learn (now) to what duties they must afterwards apply themselves.

    69. Having performed the (rite of) initiation, the teacher must first instruct the (pupil) in (the rules of) personal purification, of conduct, of the fire-worship, and of the twilight devotions.

    70. But (a student) who is about to begin the Study (of the Veda), shall receive instruction, after he has sipped water in accordance with the Institutes (of the sacred law), has made the Brahmangali, (has put on) a clean dress, and has brought his organs under due control.

    71. At the beginning and at the end of (a lesson in the) Veda he must always clasp both the feet of his teacher, (and) he must study, joining his hands; that is called the Brahmangali (joining the palms for the sake of the Veda).

    72. With crossed hands he must clasp (the feet) of the teacher, and touch the left (foot) with his left (hand), the right (foot) with his right (hand).

    73. But to him who is about to begin studying, the teacher always unwearied, must say: Ho, recite! He shall leave off (when the teacher says): Let a stoppage take place!

    A Brahmana, learned in the Veda, who recites during both twilights that syllable and that (verse), preceded by the Vyahritis, gains the (whole) merit which (the recitation of) the Vedas confers.

    79. A twice-born man who (daily) repeats those three one thousand times outside (the village), will be freed after a month even from great guilt, as a snake from its slough.

    80. The Brahmana, the Kshatriya, and the Vaisya who neglect (the recitation of) that Rik-verse and the timely (performance of the) rites (prescribed for) them, will be blamed among virtuous men.

    81. Know that the three imperishable Mahavyahritis, preceded by the syllable Om, and (followed) by the three-footed Savitri are the portal of the Veda and the gate leading (to union with) Brahman.

    82. He who daily recites that (verse), untired, during three years, will enter (after death) the highest Brahman, move as free as air, and assume an ethereal form.

    83. The monosyllable (Om) is the highest Brahman, (three) suppressions of the breath are the best (form of) austerity, but nothing surpasses the Savitri truthfulness is better than silence.

    84. All rites ordained in the Veda, burnt oblations and (other) sacrifices, pass away; but know that the syllable (Om) is imperishable, and (it is) Brahman, (and) the Lord of creatures (Pragapati).

    85. An offering, consisting of muttered prayers, is ten times more efficacious than a sacrifice performed according to the rules (of the Veda); a (prayer) which is inaudible (to others) surpasses it a hundred times, and the mental (recitation of sacred texts) a thousand times.

    86. The four Pakayagnas and those sacrifices which are enjoined by the rules (of the Veda) are all together not equal in value to a sixteenth part of the sacrifice consisting of muttered prayers.

    87. But, undoubtedly, a Brahmana reaches the highest goal by muttering prayers only; (whether) he perform other (rites) or neglect them, he who befriends (all creatures) is declared (to be) a (true) Brahmana.

    http://www.sacred-texts.com/hin/manu/manu02.htm

    “

    The Name of the Manu for this Svetavaraha kalpa is  Vaivasvata and The Manvantara is Vaivasvatham.

    The Manusmriti we talk abut,  one is not sure, belongs to this Vaivasvata Manu.

    Or  are we talking about the first Manu, Swayam bhuba Manu’s Rules?”

    http://ramanisblog.in/2012/12/31/is-the-present-manusmrti-meant-for-us-manu-facts/

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  • “Rape Punishment” Manu Smriti Hindu Law.

    Hinduism prescribes strictest punishment for Rape.

     

    Manu Smriti , apart from laying guidelines for the treatment for Rape.

     

    Manu Smriti
    Manu Smriti, Hindu Law.

     

     

    • 8.323. Those who abduct women should be given death sentence.
    • 9.232. Those who kill women, children or scholarly virtuous people should be given strictest punishment.
    • 8.352. Those who rape or molest women or incite them into adultery should be given harshest punishment that creates fear among others to even think of such a crime.
    • 8. 275. One should be punished if he puts false allegations or demeans mother, wife or daughter.
    • 8.389. Those who abandon their mother, father, wife or children without any reasonable reason should face severe punishments.
    • 357. Offering presents (to a woman), romping (with her), touching her ornaments and dress, sitting with her on a bed, all (these acts) are considered adulterous acts (samgrahana).
    • 363. Yet he who secretly converses with such women, or with female slaves kept by one (master), and with female ascetics, shall be compelled to pay a small fine.
    • 367. But if any man through insolence forcibly contaminates a maiden, two of his fingers shall be instantly cut off, and he shall pay a fine of six hundred (panas).
    • 370. But a woman who pollutes a damsel shall instantly have (her head) shaved or two fingers cut off, and be made to ride (through the town) on a donkey.
    • 385. A Brahmana who approaches unguarded females (of the) Kshatriya or Vaisya (castes), or a Sudra female, shall be fined five hundred (panas); but (for intercourse with) a female (of the) lowest (castes), one thousand.

     

    http://hinduism.about.com/gi/dynamic/offsite.htm?site=http://www.fordham.edu/halsall/india/indiasbook.html

     

    http://hinduism.about.com/library/weekly/extra/bl-lawsofmanu8.htm

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