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Manava Dharmashastra 3.51

Manubhāṣya 3.51

Language
Sanskrit

3.51

āsure śulkapratiṣedho'yaṃ uttaratra ca kanyārthasaṃgrahopādānāt |
vidvān grahaṇadoṣajñaḥ | kanyāpitā svalpamapyarthaṃ dhanaṃ na gṛhṇīyāt | gṛhṇāno'patyavikrayadoṣeṇa yujyate |
kaḥ punareṣaḥ śulko nāma |
ābhāṣāpūrvaṃ varād gṛhītam | yatra tūccanīcapaṇāpaṇo bhavati, kanyāguṇāpekṣa mūlyavyavasthā, sa kraya eva | iha tu mahāguṇāyā api kanyāyāḥ svalpaṃ dhanam| anābhāṣaṇapūrva vā grahaṇam | na vikrayasyaiṣa dharma ityato vikrayādhyāropeṇa nindyate |

Medhātithi’s commentary (manubhāṣya):
This verse prohibits the receiving ‘of consideration’ in connection with the ‘Āsura’ form of marriage; that this is so, is indicated by the fact that later on (in 54) the acceptance of a dowry for the bride is permitted.

Ganganatha Jha 1920, Manu-Smṛti: The Laws of Manu with the Bhāṣya of Medhātithi

‘Wise’—i.e., knowing the impropriety of accepting the gift.

Ganganatha Jha 1920, Manu-Smṛti: The Laws of Manu with the Bhāṣya of Medhātithi

The girl’s father shall not accept even a small present; by accepting it, he becomes tainted with the sin of child-selling.

Ganganatha Jha 1920, Manu-Smṛti: The Laws of Manu with the Bhāṣya of Medhātithi

“What is it that is called ‘Śulka,’ ‘consideration?’”

Ganganatha Jha 1920, Manu-Smṛti: The Laws of Manu with the Bhāṣya of Medhātithi

It is what is received from the bridegroom on stipulation. When there is a bargaining, carried on in consideration of the good or bad qualities of the bride,—it is a case of pure ‘selling;’ what is referred to here is the acceptance of even a small present—though the bride is possessed of most excellent qualities,—that also without any stipulation.

Ganganatha Jha 1920, Manu-Smṛti: The Laws of Manu with the Bhāṣya of Medhātithi

This (acceptance of unequal price) is not a condition of ‘sale’ proper; the act is only deprecated by being described as being of the nature of ‘selling.’—(51)

Ganganatha Jha 1920, Manu-Smṛti: The Laws of Manu with the Bhāṣya of Medhātithi

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