[Pramāṇa](https://indike.org/pramana/) › [Indian literature](https://indike.org/pramana/in) › [Polity, Pleasure & Law](https://indike.org/pramana/in.niti) › [Law and Social-Religious Duty](https://indike.org/pramana/in.niti.dharma) › [Mānava Dharmaśāstra](https://indike.org/pramana/in.niti.dharma.manu) › [Manubhashya](https://indike.org/pramana/in.niti.dharma.manu!medhatithi) › 3.202 # Manava Dharmashastra 3.202 Manubhāṣya 3.202 - **Language:** Sanskrit ### [3.202](https://indike.org/pramana/in.niti.dharma.manu!medhatithi.3.202) smārtasya vaivāhikasya dāyādervā agnerabhāve vidhirayamucyate | laukikasya tu pitṛyajñaniṣedhāt bhāvābhāvāvacintyau | 'na paitṛyajñiko homo laukike'gnāviti' vakṣyati | "kathaṃ punastasyāgnerabhāvaḥ" | proṣitasyāgninā vinā dravyabrāhmaṇadeśasampattau ca śrāddhakāla uktaḥ, nāmāvāsyaiva | tatra proṣitena yadi paṅktipāvanaḥ prāpto dravyaṃ vā kālaśākādi tatrāyaṃ vidhirucyate | "nanu ca proṣitasya kathaṃ śrāddhādhikāraḥ | yadi tāvadbhāryā pravasati agninā'pi tatraiva sannidhātavyam | yato nobhābhyāmagnerviraha iṣyate, bhāryayā yajamānena ca | evaṃ hi śrūyate 'nāgnirantaritavyaḥ pravasatām' iti | atha kevala eva gṛhasthaḥ pravasettadā bhavedagnyabhāvaḥ | kintu madhyakatvādetasya sahādhikārācca, bhāryāyāmasaṃnihitāyāṃ, tadicchāyā abhāvāt kathaṃ sādhāraṇasya śrāddhe viniyogaḥ | sādhāraṇe hi dravye anyatarānicchāyāṃ tyāga eva na saṃvartate | athocyate—'tīrtheṣvapi śrāddhakaraṇamanena nyāyena na prāpnoti | tatremāni vacanāni virudhyante “puṣkareṣvakṣayaṃ śrāddhaṃ tapaścaiva mahāphalam | mahodadhau prabhāse ca tadbhūdeva vinirdiśet ||' iti | naiṣa doṣaḥ | bhāryayā saha tīrthayātrāṃ gacchataḥ sāgnikasyopapatsyate | iha tu yadi bhāryayā saha pravāsaḥ, tadā nāstyagnerabhāvaḥ | atha kevalasya, tadā bhāryecchrāyā aparijñānādanadhikāraḥ |” ucyate | pravasan bhāryāmanujñāpayati “dharmāya viniyogaṃ dravyasya kariṣyāmi” iti | tatprāptānujño'dhikariṣyate | prāk copanayanādasatyagniparigrahe vidhirayaṃ bhaviṣyati | asti cānupanītasya śrāddhādhikāraḥ | “svadhāninayanāditi” darśitam | snātasya ca prāgvivāhāt pitṛmaraṇādbhāvantyabhāvaḥ | “nanu ca parameṣṭhimaraṇe'gniparigrahaḥ kāṭhake paṭhyate” | kṛtadārasyāsau draṣṭavyo na snātakamātrasya | dvau hi kālau smārttakasyānarvihitaubhāryādirdāyādirvā ( gautama 5|7) | tatra yena vivāhakāle na parigṛhīto'gniḥ, pitrā' vibhaktatvāt, jyeṣṭhena vā saha vasatā “bhrātṛṇāmavibhaktānāmeko dharmaḥ pravarttata” iti anena, tasyāsau dvitīyaḥ kālaḥ “dāyakālāhate vā” iti | eṣa eva dāyakālo yadā pitā mriyate | tadapekṣamevaitat | “śucirbhūtaḥ pitṛbhyo dadyāt |” “śrāṣṭro hāgnimānīya pratijāgṛyāt”, iti | na cedamagnyādhānaṃ śrāddhāṅgam | tathā sati na tadavāṃgasyotpattiḥ śrāddhaṃ vā vartate | na cāpyatyāgo'sti | “eṣa aupasado'gnistasmin pākayajñaḥ” iti paṭhyate | na ca pākayajñe'pyabhāryasyādhikāraḥ | “pattyavekṣitamājyaṃ bhavati” | “vrataṃ ca patkyupeyāditi” darśapūrṇamāsayoḥ śrūyate | na ca 'yadā patnī, tadaitat vratopāyanānvāvekṣaṇe pattīkartṛke bhaviṣyata' iti śakyamavakalpayituṃ, nityavadāmnānāt | tatraupasado'gnirityeṣa vidhirhatavyaḥ prāpnoti | “nanu ca na pitṛmaraṇameva dāyakālaḥ | evaṃ hi paṭhyate—'sapiṇḍīkaraṇaṃ kṛtvā vibhajeran tataḥ sutāḥ' iti |” vibhāgasyāyaṃ kālo, na dāyasya | vibhāge'pi nāyaṃ niyamaḥ, yato 'dharmyā pṛthak kriyeti' paṭhyate | tasyāśca dharmatvaṃ vibhaktānāṃ pṛthakpṛthak śrāddhakaraṇenātithyādipūjayā ca | na ca “nava śrāddhaṃ saha iyuḥ” ityādīni vākyāni samāptavidyāviṣayāṇi | īṣadvidyo rāgodrekātsvadāraniyamaṃ nātikramiṣamiti kṛtavivāhaḥ prakrāntavedārthapravacanastasya saṃvatsaramātreṇa vidyāsamāptāvidamucyate “sapiṇḍīkaraṇaṃ kṛtvā vibhajeranniti” | tathā mṛtabhāryasya punardārānścikīrṣata ādāraprāpterbhavatyagnerabhāvaḥ | sarvathā patnyā saha yaṣṭavyamityastitvavacane sati nākṛtavivāhasyāgniparigrahaḥ | evaṃ sthite'gnerabhāve āhutī brāhmaṇasya haste prakṣipet | "kasya brāhmaṇasya" | ya eva nimantritāsteṣāmanyatamasya daive upaveśitasyānyasya vā nimantritasya | arthavādo yo hyagniriti | mantradarśibhiḥ sammataśchedamarthavidbhiḥ | > In the absence of Fire, he shall make the offering into the Brāhmaṇa’s hand; for it has been declared by the Brāhmaṇa seers of Vedic texts that what the Fire is, that same is the Brāhmaṇa.—(212). > — Ganganatha Jha 1920, Manu-Smṛti: The Laws of Manu with the Bhāṣya of Medhātithi > Medhātithi’s commentary (manubhāṣya): > The present text lays down an injunction in connection with those cases where there is no fire, i.e., neither one set up according to ‘smārta’ rites, nor that kindled at marriage, nor that set up after succession. As for the ordinary fire, since sacrificing to the Pitṛs in such fire has been prohibited, there need be no consideration of the presence or absence of such fire. It is going to be said later on (verse 282) that—‘oblations in connection with the offering to the Pitṛs should not be offered in the ordinary fire.’ > — Ganganatha Jha 1920, Manu-Smṛti: The Laws of Manu with the Bhāṣya of Medhātithi > Question—“How can there be any possibility of the said Fire being absent?” > — Ganganatha Jha 1920, Manu-Smṛti: The Laws of Manu with the Bhāṣya of Medhātithi > Answer—It has been laid down that when a man is away from home and without his Fire, if he happen to come by a desirable place, the proper materials and the right type of Brāhmaṇas, he shall regard this as a suitable opportunity for offering Śrāddha; and it is not that the moonless day is the only one on which Śrāddha is to be performed. Hence the present rule is meant for the man who, when out on a journey, comes by a ‘sanctifier of company,’ or finds such suitable materials as the ‘Kālaśāka,’ and the like. > — Ganganatha Jha 1920, Manu-Smṛti: The Laws of Manu with the Bhāṣya of Medhātithi > “How can one away from home be entitled to the performance of Śrāddhas? If the wife is also with him, away from home, then the Fire also should be with them; since it is not considered desirable for the Fire to be separated from both the sacrificer and his wife. It has been declared that—‘for people away from home, the Fire shall not be separated.’ If the Householder should happen to go out alone, then there may be ‘absence of Fire;’ but the man is entitled to make offerings only when associated with his wife; so that, when the wife is not near him, her acquiescence being not available, how could there be any possibility of the man making use of materials belonging to both? In the case of a material belonging to both, there can be no giving away, in the absence of the desire of either party. Against this it might be argued that—‘by the line of reasoning just put forward, it would be impossible to perform Śrāddhas in sacred places (during pilgrimages); and such non-performance would be contrary to such declarations as—‘at Puṣkara the Śrāddha is inexhaustible, austerity is highly meritorious; the same is to be held regarding the Ocean and Prabhāsa.’ There is no force in this; as such performance would be quite possible for the man who has set up the Fire, when he goes out on pilgrimage along with his wife. In the case in question, however, since the man would be journeying with his wife, the Fire could not be absent. If, however, the man he journeying alone, then, since he would be ignorant of his wife’s wishes in the matter, he could not be entitled to the performance.” > — Ganganatha Jha 1920, Manu-Smṛti: The Laws of Manu with the Bhāṣya of Medhātithi > Our answer to the above is as follows:—When a man is proceeding on a journey, he seeks his wife’s permission in the following words—‘I shall be spending our belongings over religious performances;’ and having obtained this permission, he could be entitled to the performance of Śrāddhas. > — Ganganatha Jha 1920, Manu-Smṛti: The Laws of Manu with the Bhāṣya of Medhātithi > Or, the rule laid down in the present text might pertain to boys before their initiation, at which time the Fire has not been set up; and the uninitiated boy also is entitled to the performance of Śrāddha, as has been shown under the text where it has been declared that the boy is not entitled to any rite, except the offering of Śrāddhas. Further, for the Accomplished Student also, if his father happens to die before his marriage, there would be ‘absence of fire.’ > — Ganganatha Jha 1920, Manu-Smṛti: The Laws of Manu with the Bhāṣya of Medhātithi > “In the Kāṭhaka, it is found stated that, on the death of the master of the house, fire should be set up (by his successor),” > — Ganganatha Jha 1920, Manu-Smṛti: The Laws of Manu with the Bhāṣya of Medhātithi > This should be taken as applying to one who has married, and not to one who has merely just completed his studies. Two points of time have been laid down for the setting up of the ‘Smārta’ Fire—on marriage and on succession. So that, if one has not set up the Fire on marriage,—either because he does not set up a separate household apart from his father, or because he continues to live with his elder brother, according to the law that ‘for brothers that have not separated there is a common religious rite,’—for such a person, there is the other point of time, on succession, according to the injunction—‘or, from the time of succession;’ and the ‘time of succession’ is just the time when the Father dies. And it is to such cases that the following declarations apply,—‘having become pure, one should make offerings to the Pitṛs,’ ‘one should bring fire from the fryer’s pan and then keep vigil,’ and so forth. The setting up of the Fire mentioned in these texts (referring to the Fire kindled for the day only) could not be regarded as an essential factor in Śrāddha; for, if it were so, then, before the kindling of this Fire, since the Fire would not be there, no Śrāddha could be performed. Nor, again, is it possible that such a fire (set up for a temporary purpose) should not be abandoned. It has been declared that ‘this is the Aupasada Fire, in which the culinary offerings have to be made;’ and to the culinary offerings also a man without a wife is not entitled; because of such injunctions as ‘the butter is examined by the wife,’ ‘the wife should keep the observances,’ and so forth. It will not be right to argue that—“this keeping of observances and the examining of the butter are meant to apply to cases where the wife is present;”—because both these acts have been enjoined as entirely obligatory. Hence the meaning comes to be that libations are to be poured into the ‘Aupasada’ fire. > — Ganganatha Jha 1920, Manu-Smṛti: The Laws of Manu with the Bhāṣya of Medhātithi > “The father’s death is not the precise time of succession; since it has been declared that the sons shall divide the property, after having performed the Sapiṇḍīkaraṇa Śrāddha (which is done one year after death).” > — Ganganatha Jha 1920, Manu-Smṛti: The Laws of Manu with the Bhāṣya of Medhātithi > The time herein mentioned is that for division, nut succession. In fact, for division also there is no such absolute rule that it must be done after the Sapiṇḍīkaraṇa; as it has been declared that ‘separation among brothers is in view of religious rites;’ and the act of separation becomes ‘religious,’ when the members separating severally perform Śrāddhas and entertain guests, and so forth. Nor will it be right to argue that such assertions as ‘the sons shall offer the nine Śrāddhas conjointly’—refers to persons who have finished their studies. Because it may be that a man, having acquired only a little learning, marries a wife with a view to guard himself against transgressing the rule of having intercourse with one’s own wife, to which he would be prone by excess of sexual desire; but having married, be might devote greater attention to the studies he had begun, and thus complete his studies within a year, And it is with reference to such cases that we have the rule regarding the sons dividing their property after having performed the Sapiṇḍīkaraṇa. > — Ganganatha Jha 1920, Manu-Smṛti: The Laws of Manu with the Bhāṣya of Medhātithi > Then again, when a man has lost a wife and is going to marry another, till he has married again, there would be ‘absence of fire.’ Specially because, in view of the general law that ‘one should make sacrificial offerings in the company of his wife,’ which shows that there can be no setting up of fire for one who has not married. > — Ganganatha Jha 1920, Manu-Smṛti: The Laws of Manu with the Bhāṣya of Medhātithi > Such being the case, when Fire is absent, one should place the oblations in the hands of the Brāhmaṇa—“Of which Brāhmaṇa?”—Of one of those that have been invited; either of one who has been invited in honour of the gods, or of some other invited Brāhmaṇa. > — Ganganatha Jha 1920, Manu-Smṛti: The Laws of Manu with the Bhāṣya of Medhātithi > As a laudatory description, we have the words—‘what the Fire is, &c.’ > — Ganganatha Jha 1920, Manu-Smṛti: The Laws of Manu with the Bhāṣya of Medhātithi > This is the opinion of those ‘seers of mantras’ who know their meanings.—(212). > — Ganganatha Jha 1920, Manu-Smṛti: The Laws of Manu with the Bhāṣya of Medhātithi - [Previous: 3.201](https://indike.org/pramana/in.niti.dharma.manu!medhatithi.3.201) - [Next: 3.203](https://indike.org/pramana/in.niti.dharma.manu!medhatithi.3.203) - [Up: 3](https://indike.org/pramana/in.niti.dharma.manu!medhatithi.3) ## Translations (1) - [Manu-Smṛti: The Laws of Manu with the Bhāṣya of Medhātithi](https://indike.org/pramana/in.niti.dharma.manu!medhatithi~en-jha.3.212.p1) — Ganganatha Jha 1920, English ## Linked texts (1) - [Mānava Dharmaśāstra](https://indike.org/pramana/in.niti.dharma.manu.3.202) — Manu & Bhṛgu, Sanskrit --- Source: [https://indike.org/pramana/in.niti.dharma.manu!medhatithi.3.202](https://indike.org/pramana/in.niti.dharma.manu!medhatithi.3.202) · Pramāṇa