Manava Dharmashastra 3.162

3.162

prasaṅgātparivedanasambandhināmanyeṣāmapi doṣadarśanadvāreṇa niṣedhaṃ karoti | niṣedhaparivarjitaḥ paribhūto vā vedanena parivittiḥ | parivarjya jyeṣṭhaṃ karoti parivedanaṃ parīvettā | yayā kanyayā ca parividyate | sarve te narakaṃ yānti | dātā yājakaśca yeṣāṃ narakagāmināṃ pañcamaḥ | 'dātā' kanyāyāḥ evaṃ prakṛtatvātpitrādiḥ | 'yājako' vivāhe yaḥ karoti homaṃ yo vā tanmopadeṣṭā | athavā teṣāmeva parivettṛparivittitatkanyādātṝṇāṃ jyotiṣṭomādīnāmapi yajñānāmṛtvik | tasmājjyeṣṭhena tathā kartavyaṃ yathā'sya kanīyaso bhrāturvivāhe vighnakartṛtvaṃ na bhavati | kanīyasā'pi kālapratīkṣā dvādaśāṣṭaṣaḍvarṣādiviṣayā kartavyā | kanyayā'pi tādṛśāya dātuṃ na deyam | dātṛyājakau pañcamau yeṣāmiti dvandvagarbho bahuvrīhiḥ |

The superseded elder brother, the superseding younger brother, and she through whom the superseding is done,—all these go to hell, along with the giver and the officiating priest as the fifth.—(172)

Medhātithi’s commentary (manubhāṣya):
While he is dealing with the subject of ‘supersession,’ the author proceeds to state its prohibition by showing the evil that befalls all persons connected with it.

He who is passed over, insulted, by the marriage is the ‘superseded elder brother;’ and he who does the passing over of the elder brother is ‘the superseding younger brother;’—that girl through whom the superseding is done;—‘all these go to hell.’

The ‘giver’ and the officiating priest form the fifth of those that go to hell. The ‘giver’ meant here must be that of the girl, her father and other guardians; that such is the meaning is clear from the context.

The ‘officiating priest’ is one who performs the Homa in marriage, or he who guides the ceremony. Or, it may mean ‘one who officiates as priest at the performance of the Jyotiṣṭoma and other sacrifices by the aforesaid four persons—the superseded elder brother, the superseding younger brother, the girl that is married, and he who gives her away.’

For this reason, the elder brother should act in such a manner that he does not form an obstacle in the marriage of his younger brother; and the younger brother also should wait for twelve, eight or six years; and the girl also should not allow herself to be given away to such a person;

The compound ‘dātṛyājakapañcamāḥ’ is to be expounded as a Bahuvrīhi, containing Dvandva: a ‘Dātṛyājakau (Dvandva) pañcamau yeṣām’ (Bahuvrīhi).—(172)