Manava Dharmashastra 3.34.1

3.34.1

rākṣasapaiśācayoranicchā tulyā | rākṣase hananaṃ, paiśāce vañcanam | suptāṃ nidrayā'bhibhūtām | mattāṃ kṣībāṃ madyaparavathām | pramattāṃ vātasaṃkṣobheṇa naṣṭacetanām | raho'prakāśamupagacchati maithunadharmaṃ pravartate sa paiśāco vivāhaḥ sarvavivāhānāṃ pāpiṣṭhaḥ pāpahetuḥ | dharmāpatyaṃ na tataḥ saṃpadyate | iha gāndharvarākṣasapaiśācānāṃ prakṛtavivāhasāmānādhikaraṇyātsaṃyogaharaṇopagamā eva pāṇigrahaṇasaṃskāranirapekṣā 'vivāhā' iti manyante | teṣāṃ brāhmādiṣvapi jñānavivāhayoḥ sāmānādhikaraṇyātsaṃskāro vinivartate | yathā ca na nivartate tathā darśitam | lakṣṇayā vivāhaprayojanadāne vivāhaśabdaḥ | gāndharve tu bhagavatā kṛṣṇadvaipāyanena duṣyantaśakuntalāsaṅgame varṇitam “anagnikamamantrakam” iti, taddarśanena pāṇigrahaṇasaṃskāro'sti, mantrādi varjitastu |

When the man approaches the girl by stealth, while she is asleep, or intoxicated or unconscious,—it is the “Paiśāca” form, the wickedest and the basest of marriages.—(34).

Medhātithi’s commentary (manubhāṣya):
The unwillingness of the girl is the condition common to the ‘Rākṣasa’ and the ‘Paiśāca’ forms: the difference is that in the former there is beating, while in the latter there is stealth.

‘Asleep’—overpowered by sleep.

‘Intoxicated’—senseless, under the influence of wine, &c.

‘Unconscious’—who has lost consciousness on account of the disorders of the wind-humour.

‘By stealth’—not openly.

‘Approaches’— has sexual intercourse with.

This is the Paiśāca marriage, of all marriages the ‘wickedest’—the most sinful. That is to say, the issue of such a marriage does not become the rightful child.

In connection with this subject, some people think that the ‘Gāndharva’ form of marriage is accomplished by mere ‘intercourse,’ the ‘Rākṣasa’ by mere ‘abduction’ and the ‘Paiśāca’ by mere ‘approach,’—irrespective of the sacramental rites relating to the ‘taking of the hand’ and the rest. And they base this idea upon the fact that all these three are mentioned in apposition to ‘marriage’ which forms the subject-matter of the context.

But, according to these people, in the ‘Brāhma’ and other forms also, since the ‘giving’ is mentioned in apposition to ‘marriage,’ the sacramental rites would cease (to be necessary factors in the marriage). But we have shown above, how. these rites cannot be omitted. The fact of the matter is that it is only figuratively that the term ‘marriage’ has been applied to that act of ‘giving’ which is done for the purpose of ‘marriage.’

As regards the ‘Gandharva’ form, the revered Kṛṣṇa-dvaipāyana has described it, in connection with the union of Duṣyanta and Śukuntalā, as being ‘without fire and without sacred texts;’ and this shows that there are certain sacramental rites of ‘taking the hand,’ etc., but they are done without sacred texts etc.