Critical Edition
युधिष्ठिर उवाच कन्यायाः प्राप्तशुल्कायाः पतिश्चेन्नास्ति कश्चन तत्र का प्रतिपत्तिः स्यात्तन्मे ब्रूहि पितामह
M. N. Dutt: 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 यापुत्रकस्याप्यरिक्थस्य प्रतिपत्सा तदा भवेत्
AI Translation: Bhishma said: If one has a son, one should make an effort to obtain wealth.
अथ चेत्साहरेच्छुल्कं क्रीता शुल्कप्रदस्य सा तस्यार्थेऽपत्यमीहेत येन न्यायेन शक्नुयात्
AI Translation: But if she wants to pay the bride-price, she is the wife of the man who pays it. For his sake she should have a child by whom she can be redeemed.
न तस्या मन्त्रवत्कार्यं कश्चित्कुर्वीत किंचन
AI Translation: No one should do anything to her as if she were a mantra.
स्वयं वृतेति सावित्री पित्रा वै प्रत्यपद्यत तत्तस्यान्ये प्रशंसन्ति धर्मज्ञा नेतरे जनाः
M. N. Dutt: 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'.
एतत्तु नापरे चक्रुर्न परे जातु साधवः साधूनां पुनराचारो गरीयो धर्मलक्षणम्
M. N. Dutt: 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
M. N. Dutt: 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 अनुप्रश्नः संशयो वा सतामेतदुपालभेत्
M. N. Dutt: 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 प्रमादो धर्म आसुरः नानुशुश्रुम जात्वेतामिमां पूर्वेषु जन्मसु
M. N. Dutt: 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 संबन्धः स्त्रीपुंसोस्तुल्य एव सः रतिः साधारणो धर्म इति चाह स पार्थिवः
M. N. Dutt: 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
M. N. Dutt: 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
M. N. Dutt: 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 यत्स्यात्कुमारीभाग एव सः दौहित्र एव वा रिक्थमपुत्रस्य पितुर्हरेत्
M. N. Dutt: 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 पिण्डं वै पितुर्मातामहस्य च पुत्रदौहित्रयोर्नेह विशेषो धर्मतः स्मृतः
M. N. Dutt: 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 जातया सा हि प्रजया पुत्र ईहते दुहितान्यत्र जातेन पुत्रेणापि विशिष्यते
M. N. Dutt: 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 च ये पुत्रा भवन्ति पितुरेव ते
M. N. Dutt: 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 आसुरादधिसंभूता धर्माद्विषमवृत्तयः
M. N. Dutt: 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 यमोद्गीताः कीर्तयन्ति पुराविदः धर्मज्ञा धर्मशास्त्रेषु निबद्धा धर्मसेतुषु
M. N. Dutt: 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
AI Translation: One who, being a human, sells his own son for the sake of wealth, or gives his daughter for a bride-price for the sake of life,
सप्तावरे महाघोरे निरये कालसाह्वये स्वेदं मूत्रं पुरीषं च तस्मिन्प्रेत उपाश्नुते
AI Translation: In the seven lower, extremely terrible hells called Kāla, The preta experiences sweat, urine, and feces there.
आर्षे गोमिथुनं शुल्कं केचिदाहुर्मृषैव तत् अल्पं वा बहु वा राजन्विक्रयस्तावदेव सः
M. N. Dutt: 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.
यद्यप्याचरितः कैश्चिन्नैष धर्मः कथंचन अन्येषामपि दृश्यन्ते लोभतः संप्रवृत्तयः
M. N. Dutt: 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 कुमारीं विहितां ये च तामुपभुञ्जते एते पापस्य कर्तारस्तमस्यन्धेऽथ शेरते
M. N. Dutt: 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 धनैर्न तैरर्थोऽस्ति कश्चन
M. N. Dutt: 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.