Anushasanika Parva — The rules of marriage and the law of inheritance

Yudhishthira said You know fully well the ordinances of all the scriptures. You are the foremost of those who are acquainted with the duties of kings. You are celebrated over the whole world as a great remover of doubts.

I have a doubt, do you explain it to me, O grandfather. As regards this doubt that has originated in my mind, I shall not ask any other person for its solution.

You should, O you of mighty arms, expound as to how a man should act who is desirous of treading along the path of duty and virtue.

It has been laid down, O grandfather that a Brahmana can take four wives, viz., one who belongs to his own caste, one who is a Kshatriya, one who is a Vaishya, and one who is a Shudra, if the Brahmana wishes to satisfy the desire of sexual intercourse.

Tell me, O best of the Kurus, which amongst those sons should inherit the father's riches one after another.

Who amongst them, O grandfather shall take what share of the paternal wealth? I wish to hear this, viz., how the distribution has been ordained amongst them of the paternal property.

Bhishma said The Brahman, the Kshatriya, and the Vaishya are considered the three twiceborn castes, To marry in these three castes has been ordained to be the duty of the Brahmana, O Yudhishthira.

Through erroneous judgement or cupidity or lust, O destroyer of enemies, a Brahmana takes a Shudra wife. He is not competent to take, according to the scriptures, such wife.

A Brahmana, by knowing a Shudra woman comes by a low end in the next world. He should, having done such an act, perform expiation according to the rites laid down in the scriptures.

That expiation must be twice heavier or severer if on account of such an act, O Yudhishthira, the, Brahmana gets children. I shall now tell you, O Bharata, how the (paternal), wealth is to be distributed.

The son born of the Brahmani wife shall, in the first place, appropriate from his father's wealth a bull of good marks, and the best car or vehicle.

What remains of the Brahmana's property, O Yudhishthira, after this, should be divided into ten equal parts, The son by the Brahmani wife shall take four of such parts of the paternal property.

The son that is born of the Kshatriya wife is, forsooth, possessed of the status of a Brahmana. On account, however, of the distinction attaching to his mother, he shall take three of the ten shares into which the property has been divided.

The son who has been born of the wife belonging to the third caste, viz., the woman of the Vaishya caste, by the Brahmana father, shall take, O Yudhishthira, two of the three remaining shares of the father's property.

It has been said that the son who has been begotten by the Brahmana father upon the Shudra wife should not take any portion of the father's property, for he is not to be considered an heir. A little, however, of the paternal property should be given to the son of the Shudra wife, hence the one remaining share should be given to him out of compassion.

Even this should be the order of the ten shares into which the Brahmana's wealth is to be distributed. All the sons that are born of the same mother or of mothers of the same caste, shall share equally the portion that is theirs.

The son born of the Shudra wife should not be considered as invested with the dignity of a Brahmana on account of his being unskilled (in the scriptures and the duties ordained for the Brahmana). Only those children who are born of wives belonging to the three higher castes should be considered as invested with the dignity of Brahmanas.

It has said that there are only four castes and there is no fifth. The son by the Shudra wife shall take the tenth part of his father's wealth.

That share, however, he is to take only when his father has given it to him. He shall not take it if his father does not give it to him. Some portion of the father's riches should, forsooth, be given O Bharata, to the son of the Shudra wife.

Compassion is one of the greatest virtues. It is through compassion that something is given to the son of the Shudra wife. Whatever be the object about which compassion arises, as a cardinal virtue it is always productive of merit.

Whether the father happens to have children (by his wives belonging to the other castes) or to have no children, to the son by the Shudra wife, O Bharata, nothing more than a tenth part of the father's wealth should be given.

If a Brahmana happens to have more riches than what is necessary for maintaining himself and his family for three years, he should with that riches celebrate sacrifices. A Brahmana should never acquire riches for nothing.

The highest sum that the husband should give the wife is three thousand coins. This wealth that the husband gives to the wife, the latter may spend or dispose of as she likes.

Upon the death of the childless husband, the wife shall enjoy all his riches. The wife should never take any portion of her husband's riches.

Whatever riches, O Yudhishthira, the Bralımani wife may acquire by gift from her father, should be taken by her daughter, for the daughter is like the son.

The daughter, O king, has been ordained in the scriptures to be equal to the son, O delighter of the Kurus. Thus has the law of inheritance been ordained, o foremost of Bharata's family. Remembering these ordinances about the distribution and disposal of wealth, one should never acquire riches uselessly.

Yudhishthira said If the son born of a Shudra woman by a Brahmana father has been made in the scriptures to be disentitled to any property, by what exception of the rule then is a tenth part of the paternal property to be given to him?

A son born of a Brahmani wife by a Brahmana is unquestionably a Brahmana. One born of a Kshatriya wife or of a Vaishya wife, by a Brahmana husband, is likewise a Brahmana.

Why then, O best of kings, are such sons to share the paternal property unequally? All of them, you have said, are Brahmanas, having been born of mothers that belong to the three higher castes equally entitled to the name of the twiceborn.

Bhishma said O destroyer of enemies, all wives in this world are called by the name of Dara. Although that name is applied to all, yet there is this great difference to be observed.

If having married three wives belonging to the three other castes, a Brahmana takes a Brahmani wife the very last of all, yet shall she be considered as the first in rank among all the wives, and as being worthy of the greatest respect. Indeed, among all the cowives, she shall be the foremost.

In her apartments should be kept all necessary articles for the husband's baths, personal decorations washing of teeth, and application of collyrium to the eyes. In her apartments should be kept the Havya and the Kavya and all else that the husband may need for the performance of his religious acts.

If the Brahmani wife is in the house, no other wife is entitled to attend to these needs of the husband. Only the Brahmani wife, O Yudhishthira, should help the husband in these acts.

The husband's food and drink and garlands and dresses and ornaments-all these should be given by the Brahmani wife to the husband, for she is the foremost in rank among all the wives of the husband.

These are the ordinances of the scriptures as laid down by Manu, O delighter of the Kurus! This, O king is seen to be the course of eternal practice.

If a Brahmana,OYudhishthira, actuated by lust, acts in a different way, he shall come to be considered as a Chandala among Brahmanas.

The son born of the Kshatriya wife has been said to be equal in dignity to the son born of the Brahmani wife. For all that, a distinction attaches to the son of the Brahmana wife on account of the superiority of the Brahmana wife to the Kshatriya wife in respect of the order of caste.

The Kshatriya wife cannot be considered as equal to the Brahmana wife in point of Birth. Hence, O best of kings, the son born of the Brahinani wife must be considered as the first in rank and superior to the son born of the Kshatriya wife.

Because, again, the Kshatriya wife, is not equal in point of birth to the Brahmani wife, hence the son of the Brahmani wife takes, one after another, all the best things, O Yudhishthira, among his father's property.

Likewise, the Vaishya wife cannot be considered as the equal of the Kshatriya wife in point of birth. Prosperity, kingdom and treasury, ( Yudhishthira, belong to the Kshatriyas.

All these have been ordained for the Kshatriya. The whole Earth, O king, encircled by seas, is seen to belong to him. By following the duties of his own caste, the Kshatriya acquires immense riches.

The sceptre of royalty is held by him. Without the Kshatriya, O king, there can be no protection. The Brahmanas are highly blessed, for they are the gods of the very deities.

Following the ordinances laid down by the Rishis, the Kshatriyas should adore the Brahmanas according to due rites. This is the eternal usage.

Coveted by thieves and others, the properties of all men are protected by Kshatriyas following the duties of their order. Indeed, riches and wives and every other possession owned by people would have been forcibly taken away but for this protection that the Kshatriyas give.

The Kshatriya, as the king, becomes the protector or rescuer of all the castes. Hence, the son of the Kshatriya wife shall, forsooth, be held to be superior to him that is born of the Vaishya wife. The son of Kshatriya wife for this, takes a larger share of the paternal property than the son of the Vaishya mother.

Yudhishthira said You have duly said what the rules are that apply to Brahmanas. What, However, are the rules that apply to the others?

Bhishma said The Kshatriya, O delighter of the Kurus can take two wives. The Kshatriya may take a third wife from the Shudra caste. Such practice prevails, it is true, but it is not sanctioned by the scriptures.

This should be the order, O Yudhishthira, of the wives of a Kshatriya. The property of a Kshatriya should, O king, be divided into eight shares.

The son of the Kshatriya wife shall take four of such shares of the paternal property. The son of the Vaishya wife shall take three of such shares.

The remaining one or the eighth share shall be taken by the son of the Shudra wife. The son of the Shudra wife, however, shall take only when the father gives but not otherwise.

The Vaishya can take only one wife. He can take a second wife from the Shudra caste. Such is the practice, no doubt, but it is not sanctioned by the scriptures.

If a Vaishya has two wives one of whom is a Vaishya and the other a Shudra, there is a difference between them in respect of position.

The riches of a Vaishya, O chief of Bharata's race, should be divided into five portions. I shall now speak of the sons of a Vaishya by a wife of his own caste and by one belonging to the inferior caste, as also of the manner in which, o king, his property is to be distributed among chose children.

The son born of the Vaishya wife shall take four of such shares of his paternal property. The fifth share, O Bharata, has been said to belong to the son born of the Shudra wife.

Such son, however, shall take when the father gives. He should not take anything unless the father gives it to him. The son who is begotten on a Shudra wife by persons of the three higher higher castes should always be considered as disentitled to any share of the father's wealth.

The Shudra should take only one wife from his own caste. He can, under no circumstances, take any other wife. Even if he happens to have a hundred sons by this wife, all of them share equally the property that he may leave behind.

As for all the castes, the children born of the wife taken from the husband's own caste shall, it has been laid down, share equally the father's wealth.

The eldest son's share shall be greater than that of every other son, for he shall take one share than each of his brothers, comprising the best things of this father. This is the law of inheritance, O son of Pritha, as declared by the selfcreate himself. more

Amongst children all born of the wife taken from the husband's own caste there is another difference, O king! In marrying, the elder ones should always prccede the younger ones.

The wives being all equal in respect of their order of birth, and the children also being all equal in respect of the position of their mothers, the son that is firstborn shall take one share more than each of his other brothers. The son who is next in point of age shall take a share that is next in value, while the son who is youngest shall take the share which belongs to the youngest.

Thus among wives of all castes, they who belong to the samne caste with the husband are considered as the first. This is what was declared by the great Rishi Kashyapa the son of Marichi.