Kautilya's Arthashastra 3.2: Chapter 2 (Section 59): Concerning Marriage

3.2.1

vivāhapūrvo vyavahāraḥ //

MARRIAGE precedes the other calls of life (vyavahára.) The giving in marriage of a maiden well-adorned is called Bráhma-marriage. The joint-performance of sacred duties (by a man and a woman) is known as prájápatya marriage.

3.2.2

kanyādānaṃ kanyām alaṃkṛtya brāhmo vivāhaḥ //

3.2.3

sahadharmacaryā prājāpatyaḥ //

3.2.4

gomithunādānād ārṣaḥ //

(The giving in marriage of a maiden) for a couple of cows is called Arsha. (The giving in marriage of a maiden) to an officiating priest in a sacrifice is called Daiva. The voluntary union of a maiden with her lover is called Gándharva. Giving a maiden after receiving plenty of wealth (súlka) is termed Asura. The abduction of a maiden is called Rákshasa. The abduction of a maiden while she is asleep and in intoxication is called Paisácha marraige.

3.2.5

antarvedyām ṛtvije dānād daivaḥ //

3.2.6

mithaḥsamavāyād gāndharvaḥ //

3.2.7

śulkādānād āsuraḥ //

3.2.8

prasahyādānād rākṣasaḥ //

3.2.9

suptamattādānāt paiśācaḥ //

3.2.10

pitṛpramāṇāś catvāraḥ pūrve dharmyāḥ, mātāpitṛpramāṇāḥ śeṣāḥ //

Of these, the first four are ancestral customs of old and are valid on their being approved of by the father. The rest are to be sanctioned by both the father and the mother; for it is they that receive the money (súlka) paid by the bridegroom for their daughter. In case of the absence by death of either the father or the mother, the survivor will receive the súlka. If both of them are dead, the maiden herself shall receive it. Any kind of marriage is approvable, provided it pleases all those (that are concerned in it.)

3.2.11

tau hi śulkaharau duhituḥ, anyatarābhāve 'nyataro vā //

3.2.12

dvitīyaṃ śulkaṃ strī hareta //

3.2.13

sarveṣāṃ prītyāropaṇam apratiṣiddham // iti vivāhadharmaḥ /

3.2.14

vṛttir ābandhyaṃ vā strīdhanam //

Means of subsistence (vritti) or jewellery (ábadhya) constitutes what is called the property of a woman. Means of subsistence valued at above two thousand shall be endowed (on her name). There is no limit to jewellery. It is no guilt for the wife to make use of this property in maintaining her son, her daughter-in-law or herself whenever her absent husband has made no provision for her maintenance. In calamities, disease and famine, in warding off dangers and in charitable acts, the husband, too, may make use of this property. Neither shall there be any complaint against the enjoyment of this property by mutual consent by a couple who have brought forth a twin. Nor shall there be any complaint if this property has been enjoyed for three years by those who are wedded in accordance with the customs of the first four kinds of marriage. But the enjoyment of this property in the cases of Gándharva and Asura marriages shall be liable to be restored together with interest on it. In the case of such marriages as are called Rákshasa and Paisacha, the use of this property shall be dealt with as theft. Thus the duty of marriage is dealt with.

3.2.15

paradvisāhasrā sthāpyā vṛttiḥ, ābandhyāniyamaḥ //

3.2.16

tad ātmaputrasnuṣābharmaṇi pravāsāpratividhāne ca bhāryāyā bhoktum adoṣaḥ, pratirodhakavyādhidurbhikṣabhayapratīkāre dharmakārye ca patyuḥ, sambhūya vā dampatyor mithunaṃ prajātayoḥ //

3.2.17

trivarṣopabhuktaṃ ca dharmiṣṭheṣu vivāheṣu nānuyuñjīta //

3.2.18

gāndharvāsuropabhuktaṃ sa-vṛddhikam ubhayaṃ dāpyeta, rākṣasapaiśācopabhuktaṃ steyaṃ dadyāt //

3.2.19

mṛte bhartari dharmakāmā tadānīm eva sthāpyābharaṇaṃ śulkaśeṣaṃ ca labheta //

On the death of her husband a woman, desirous to lead a pious life, shall at once receive not only her endowment and jewellery (sthápyábharanam), but also the balance of súlka due to her. If both of these two things are not actually in her possession, though nominally given to her, she shall at once receive both of them together with interest (on their value.) If she is desirous of a second marriage (kutumbakáma), she shall be given on the occasion of her remarriage (nivesakále) whatever either her father-in-law or her husband or both had given to her. The time at which women can remarry shall be explained in connection with the subject of long sojourn of husbands.

3.2.20

labdhvā vā vindamānā sa-vṛddhikam ubhayaṃ dāpyeta //

3.2.21

kuṭumbakāmā tu śvaśurapatidattaṃ niveśakāle labheta //

3.2.22

niveśakālaṃ hi dīrghapravāse vyākhyāsyāmaḥ //

3.2.23

śvaśuraprātilomyena vā niviṣṭā śvaśurapatidattaṃ jīyeta //

If a widow marries any man other than of her father-in-law's selection (svasuraprátilo- myenanivishtá), she shall forfeit whatever had been given to her by her father-in-law and her husband.

3.2.24

jñātihastādabhimṛṣṭāyā jñātayo yathāgṛhītaṃ dadyuḥ //

The kinsmen (gnátis) of a woman shall return to her whatever property of her own she had placed in their custody. Whoever justly takes a woman under his protection shall equally protect her property. No woman shall succeed in her attempt to establish her title to the property of her husband.

3.2.25

nyāyopagatāyāḥ pratipattā strīdhanaṃ gopayet //

3.2.26

patidāyaṃ vindamānā jīyeta //

3.2.27

dharmakāmā bhuñjīta //

If she lives a pious life, she may enjoy it (dharmakámá bhunjíta). No woman with a son or sons shall be at liberty to make free use of her own property (strídhana); for that property of hers her sons shall receive.

3.2.28

putravatī vindamānā strīdhanaṃ jīyeta //

3.2.29

tat tu strīdhanaṃ putrā hareyuḥ //

3.2.30

putrabharaṇārthaṃ vā vindamānā putrārthaṃ sphātīkuryāt //

If a woman attempts to take possession of her own property under the plea of maintaining her sons, she shall be made to endow it in their name. If a woman has many male children, then she shall conserve her own property in the same condition as she had received from her husband. Even that property which has been given her with full powers of enjoyment and disposal she shall endow in the name of her sons.

3.2.31

bahupuruṣaprajānāṃ putrāṇāṃ yathāpitṛdattaṃ strīdhanam avasthāpayet //

3.2.32

kāmakaraṇīyam api strīdhanaṃ vindamānā putrasaṃsthaṃ kuryāt //

3.2.33

aputrā patiśayanaṃ pālayantī gurusamīpe strīdhanam āyuḥkṣayād bhuñjīta //

A barren widow who is faithful to the bed of her dead husband may, under the protection of her teacher, enjoy her property as long as she lives: for it is to ward off calamities that women are endowed with property. On her death, her property shall pass into the hands of her kinsmen (dáyáda). If the husband is alive and the wife is dead, then her sons and daughters shall divide her property among themselves. If there are no sons, her daughters shall have it. In their absence her husband shall take that amount of money (súlka) which he had given her, and her relatives shall retake whatever in the shape of gift or dowry they had presented her. Thus the determination of the property of a woman is dealt with.

3.2.34

āpadarthaṃ hi strīdhanam //

3.2.35

ūrdhvaṃ dāyādaṃ gacchet //

3.2.36

jīvati bhartari mṛtāyāḥ putrā duhitaraś ca strīdhanaṃ vibhajeran, aputrāyā duhitaraḥ, tadabhāve bhartā //

3.2.37

śulkam anvādheyam anyad vā bandhubhir dattaṃ bāndhavā hareyuḥ // iti strīdhanakalpaḥ /

3.2.38

varṣāṇy aṣṭāv aprajāyamānām aputrāṃ vandhyāṃ cākāṅkṣeta, daśa nindum, dvādaśa kanyāprasavinīm //

If a woman either brings forth no (live) children, or has no male issue, or is barren, her husband shall wait for eight years, (before marrying another). If she bears only a dead child, he has to wait for ten years. If she brings forth only females, he has to wait for twelve years. Then if he is desirous to have sons, he may marry another. In case of violating this rule, he shall be made to pay her not only sulka, her property (strídhana) and an adequate monetary compensation (ádhivedanikamartham), but also a fine of 24 panas to the Government. Having given the necessary amount of sulka and property (strídhana) even to those women who have not received such things on the occasion of their marriage with him, and also having given his wives the proportionate compensation and an adequate subsistence (vritti), he may marry any number of women; for women are created for the sake of sons. If many or all of them are at the same time in menses, he shall lie with that woman among them, whom he married earlier or who has a living son. In case of his concealing the fact of her being in menses or neglecting to lie with any of them after her menses, he shall pay a fine of 96 panas. Of women who either have sons or are pious or barren, or bring forth only a dead child or are beyond the age of menstruation, none shall be associated with against her liking. If a man has no inclination, he may not lie with his wife who is either afflicted with leprosy or is a lunatic. But if a woman is desirous of having sons, she may lie with men suffering from such disease.

3.2.39

tataḥ putrārthī dvitīyāṃ vindeta //

3.2.40

tasyātikrame śulkaṃ strīdhanam ardhaṃ cādhivedanikaṃ dadyāt, caturviṃśatipaṇaparaṃ ca daṇḍam //

3.2.41

śulkaṃ strīdhanam aśulkastrīdhanāyās tatpramāṇam ādhivedanikam anurūpāṃ ca vṛttiṃ dattvā bahvīr api vindeta //

3.2.42

putrārthā hi striyaḥ //

3.2.43

tīrthasamavāye cāsāṃ yathāvivāhaṃ pūrvoḍhāṃ jīvatputrāṃ vā pūrvaṃ gacchet //

3.2.44

tīrthagūhanāgamane ṣaṇṇavatir daṇḍaḥ //

3.2.45

putravatīṃ dharmakāmāṃ vandhyāṃ ninduṃ nīrajaskāṃ vā nākāmām upeyāt //

3.2.46

na cākāmaḥ puruṣaḥ kuṣṭhinīm unmattāṃ vā gacchet //

3.2.47

strī tu putrārtham evaṃbhūtaṃ vopagacchet //

3.2.48

nīcatvaṃ paradeśaṃ vā prasthito rājakilbiṣī /
prāṇābhihantā patitas tyājyaḥ klībo 'pi vā patiḥ //E

If a husband either is of bad character or is long gone abroad or has become a traitor to his king or is likely to endanger the life of his wife or has fallen from his caste or has lost virility, he may be abandoned by his wife.