The Law Code of Yājñavalkya 1.3

Now he states the ceremonial bath for the purpose of marriage for one who is fit for marriage:

Having given the desired gift to the teacher, he should take the ceremonial bath with his permission, / having completed either the Veda, or the observances, or indeed both.

Having brought to completion—that is, having finished—according to the method previously stated, the Veda consisting of mantra and brāhmaṇa, or the observances consisting of the duties of a student of the Veda enumerated before, or both, he should give to the previously mentioned teacher the desired gift according to his ability and then take the ceremonial bath. If he is unable [to pay], he may do so with the teacher's permission even without giving the gift. The distribution among these options depends on capability, time, and so forth.

He now states what one should do after the ceremonial bath:

Without having broken his celibacy, he should marry an auspicious woman, / who has belonged to no other before, who is lovely, not a sapiṇḍa, and younger [than himself].

‘Without having broken his celibacy’ means one whose celibacy has not lapsed. ‘Auspicious’ means endowed with external and internal auspicious characteristics. External characteristics are those stated by Manu: 'having delicate body hair, head hair, and teeth' and so forth. Internal characteristics are to be known through the procedure stated by Āśvalāyana beginning with: 'having made eight lumps of earth.' ‘A woman’ means one examined for womanhood in order to rule out being an eunuch. ‘Who has belonged to no other before’ means not accepted by another man through gift or sexual enjoyment. ‘Lovely’ means pleasing, causing delight to the mind and eye of the bridegroom; for Āpastamba's traditional text states: 'Her with whom one's mind and eye are pleased, in her lies prosperity.' And this applies where there is an absence of external defects such as deficient or excessive limbs. ‘Not a sapiṇḍa’: one who has the same (samāna), that is, one (eka), body (piṇḍa) is a sapiṇḍa; she who is not a sapiṇḍa is an asapiṇḍā; [he should marry] her. And the condition of being a sapiṇḍa arises from the connection with parts of the same body. For instance, the son's connection with the father is through the connection with the parts of the father's body. Likewise with the paternal grandfather and others through the father, because of the connection with the parts of his body. Likewise with the mother through connection with the parts of the mother's body. Likewise with the maternal grandfather and others through the mother. So too with maternal aunts, maternal uncles, and others, through the connection with parts of the same body. Likewise with paternal uncles, paternal aunts, and others. So too the wife with the husband, because they initiate a single body [together in offspring]. Similarly, even wives of brothers with one another, because they produce a single body along with those who are produced from a single body. Thus, wherever the word ‘sapiṇḍa’ occurs, there connection with parts of a single body is to be understood, directly or indirectly. If that is so, then even for the maternal grandfather and others,

‘Ten days of impurity due to death are prescribed among sapiṇḍas,’

would apply without distinction. That would indeed be so if there were not a specific statement such as: 'others should observe [impurity] for those women who have been given in marriage.' Therefore, where there is no specific statement among sapiṇḍas, this rule that 'impurity due to death lasts ten days' holds good. Moreover, sāpiṇḍya must necessarily be explained in terms of connection with the parts of a single body, because of the Vedic text: 'For the Self is born of the Self' and so forth; and 'You are born after your offspring'; and because of Āpastamba's statement: 'He himself is seen visibly sprouted forth.' Likewise, in the Garbha Upaniṣad: 'This body consists of six sheaths: three from the father, three from the mother; bones, sinews, and marrow from the father; skin, flesh, and blood from the mother,' because connection of body parts is expounded in various places. If, on the other hand, sāpiṇḍya were accepted as based on connection through the offered funeral rice-ball (piṇḍa), there would be no sāpiṇḍya in the maternal line or among brothers, paternal uncles, and the like. And if conventional usage based on the power of the whole word were adopted, the meaning derived from the parts of the word, which is understood in various passages, would be abandoned. (For when the meanings of the parts exist, a word applied to another meaning is established as a whole only when there is no other recourse.) As for sāpiṇḍya through indirect connection with the parts of a single body, we shall explain how there is no undue overextension. ‘Younger’ means lesser in age and in stature; he should marry—that is, wed—her according to the rule stated in his own domestic manual (Gṛhyasūtra).

He states further qualifications:

Free from disease, having a brother, not born of the same ṛṣi or gotra,

‘Free from disease’ means not afflicted with an incurable disease. ‘Having a brother’ is in order to remove the suspicion of her being made an appointed daughter (putrikā); from this it is understood that even an unstated daughter may become an appointed daughter. ‘Not born of the same ṛṣi or gotra’: belonging to a ṛṣi (ārṣa) means the invocation of ancestral sages (pravara); gotra is well known in hereditary lineage. The ārṣa and the gotra are ārṣagotra. One who has the same ārṣa and gotra is of the same ārṣagotra; born from such a one is born of the same ārṣagotra; one who is not born of the same ārṣagotra is asamānārṣagotrajā; [he should marry] her. Gotra and pravara are each separate grounds for exclusion. Therefore, [it means] not born of the same ārṣa and not born of the same gotra. And accordingly Gautama states: 'Marriage is with those who do not share the same pravara.' So too:

"She who is not a sapiṇḍa on the mother's side and who is not a sapiṇḍa on the father's side, / is recommended for twice-born men for the marital rite and for intercourse."

So says Manu. Likewise, some hold that a girl of the mother's gotra is also not to be wed, [3]

"Having wed the daughter of one's maternal uncle, and likewise a woman of the mother's gotra, / and having approached a woman of the same pravara, one should perform the cāndrāyaṇa penance."

—because an expiation is recorded [for it]. And here, by [the word] "not a sapiṇḍa," the daughter of a father's sister, mother's sister, and so forth is excluded. Likewise, by "not of the same gotra," a woman who is of the same gotra is excluded even if she is not a sapiṇḍa, having been born in a different lineage. Likewise, by "not of the same pravara," a woman who has the same pravara is excluded even if she is neither a sapiṇḍa nor of the same gotra. And so, the requirement of being "not a sapiṇḍa" applies to all classes, because sapinda relationship exists everywhere. The requirement of "not born of the same gotra and pravara" pertains to members of the three higher classes. Even though royal personages and Vaishyas have no pravaras because they lack specific gotras of their own, nevertheless the gotra and pravara of their family priest are to be understood. And so Āśvalāyana says, after stating: "One chooses the ancestral seers of the sacrificer," "For royal personages and Vaishyas, he chooses those of the family priest." In the case of women who are sapiṇḍas, of the same gotra, or of the same pravara, the status of wife does not arise at all. In the case of a diseased woman and the like, however, even though wifehood does arise, there is merely an incompatibility with visible purposes.

Regarding "not a sapiṇḍa": here, sapinda relationship has been explained through the connection of body parts, directly or indirectly; and since that is possible in some way or another everywhere for everyone in beginningless transmigration, there would be an absurd overextension; therefore, he says:

Beyond the fifth from the mother's side, and likewise beyond the seventh from the father's side. [1.53cd]

Beyond the fifth on the mother's side, in the mother's lineage, and beyond the seventh on the father's side, in the father's lineage, "the sapinda relationship ceases"—such is the ellipsis to be supplied. And therefore, although this word "sapiṇḍa" applies everywhere by the etymological force of its constituent parts, it has a restricted scope, like words such as nirmanthya ("produced by friction") or paṅkaja ("lotus"). And thus, six beginning with the father are sapiṇḍas, and six beginning with the son, and oneself is the seventh; even when there is a divergence of lineage, one should count taking that [ancestor] from whom the divergence of lineage occurs, as far as the seventh—this is to be applied everywhere. And thus, counting from the mother and including her father, grandfather, and so on, a woman standing in the fifth generation is figuratively termed "fifth from the mother." Similarly, counting from the father and including his father and so on, a woman standing in the lineage of the seventh person is termed "seventh from the father." And likewise:

"In a marriage between two sisters, between a sister and a brother, or between a brother's daughter and a paternal uncle, / because of being the starting point and so forth, the branching of lineages is reckoned."

Although Vasiṣṭha has said:

"The fifth and the seventh, likewise, from the mother's side and the father's side;"

and Paiṭhīnasi [has said]: "Passing over three on the mother's side, and passing over five on the father's side,"

that too is for the purpose of prohibiting those below, not to permit [marriage with] them; thus there is no contradiction among all the Smṛtis. And this is to be understood in the case of members of the same caste. But in the case of different castes, there is a special rule, as Śaṅkha says:

"If many are born of one man in different wombs, or born of different women, / they are of the same piṇḍa, [yet] of different purifications; but the piṇḍa reverts at the third [generation]."

"Born of one man" means born from a single Brahmin or the like. "In different wombs" means born of different women of different classes. "Born of different women" means born of different women belonging to the same class; they are "of the same piṇḍa," but have "different purifications." We will explain "different purifications" in the section on ritual impurity. "The piṇḍa reverts at the third" means that the sapinda relationship extends to three generations only. || 1.53

From an illustrious, great family of Vedic scholars renowned through ten generations, [1.54ab]

"Pūruṣa" means simply puruṣa (generation / person); "from a family renowned through ten generations" means through five on the mother's side and five on the father's side. "Of Vedic scholars" means of those who have studied the Vedas. "Study" is an indicative term: endowed with learning and study. "Great family" is a family that is great, prosperous with sons, grandsons, cattle, maidservants, villages, and the like; from that [family] a maiden must be taken—this is the restrictive rule.

Since marriage would thus be permitted everywhere [in such families], he states an exception:

Even if prosperous, not from one affected by the taint of infectious diseases. [1.54cd]

Infectious diseases are defects entering through semen and blood, such as vitiligo, leprosy, epilepsy, and the like. Furthermore, those stated by Manu: devoid of ritual rites, devoid of male offspring, and so forth. Even from a prosperous, previously described great family that is affected by these, [a maiden] must not be taken. || 1.54

Having thus stated the restrictive rule regarding taking a maiden, he states the restrictive rule regarding the groom in giving away a maiden:

Endowed with these very qualities, of the same social class, a Vedic scholar, the groom / must be carefully examined for virility, young, intelligent, and liked by people. [1.55]

Endowed with these very qualities described above and free from defects, such is the groom. His further special characteristic is this: of the same class or superior, not of an inferior class. A Vedic scholar: personally endowed with Vedic learning and study. Carefully, with effort, examined for virility. And the means of examination has been shown by Nārada:

"He whose seed floats on water, whose urine is non-burning and frothy, / would be a man by these characteristics; but with the opposite [traits], a eunuch."

So [he says].

"Young": not old. "Intelligent": of sharp intellect in worldly and Vedic affairs. "Liked by people": one who has not alienated people, through gentle speech preceded by a smile, and so on. || 1.55

Marriage is threefold, having pleasure, offspring, and duty as its ends. Among these, the one for offspring is twofold: obligatory and optional. There, in the obligatory one for offspring, by the words "of the same social class, a Vedic scholar, the groom," a woman of the same class was shown to be primary. Now, since a secondary substitute must be stated for the optional [marriage] and for the obligatory conjunction, he says:

As for what is said regarding the taking of a wife from among Shudras by twice-born men, / this is not my opinion, because he himself is born in her. [1.56]

As for what is said,

"For twice-born men, a woman of the same class is recommended first for the marital rite; / but for those acting out of passion, these are lower in successive order:"

—having introduced [the subject with this verse]—

The view that a Brahmin may take four wives, a Kshatriya three, and a Vaishya two—namely, the marrying of a Shudra woman by twice-born men—is not the opinion of Yājñavalkya. For this twice-born man is born again in her, as stated in the Vedic revelation: 'That wife is called a wife (jāyā) because one is born (jāyate) again in her.' And here, by stating the reason 'in her he himself is born', and thereby prohibiting the marrying of a Shudra woman by one who acts to produce an obligatory son or a son born out of desire, a Kshatriya and a Vaishya woman are permitted as wives to a Brahmin, and a Vaishya woman to a Kshatriya, in the secondary alternative for producing an obligatory son and in the production of a son born out of desire. || 1.56

Now he states the order of marriage for one who desires sexual pleasure, or who has already begotten a son, or whose wife has died, who is not qualified for another stage of life, and who desires merely to remain in the stage of life of a householder:

Three wives according to the order of the classes, two likewise, and one in respective order / for a Brahmin, a Kshatriya, and a Vaishya; for one born a Shudra, [only] one of his own class.

In the order of the classes, there are three wives for a Brahmin, two for a Kshatriya, one for a Vaishya, but for a Shudra there is only a wife of his own class. Furthermore, a woman of the same class is established as primary for all. In the absence of each preceding one, each succeeding one is taken. And this very order applies in the secondary alternative for the obligatory rule and in the rule for the production of a son born out of desire. Therefore, as for the enumeration of a Shudra woman's son among sons and the declaration of his share, as well as the text beginning with 'From a Brahmin, indeed, is the Mūrdhāvasikta' down to 'This rule is taught regarding lawfully wedded wives', that pertains to one born inevitably to a man desiring sexual pleasure or desiring merely [to remain in] the stage of life. || 1.57

He states the forms of marriage:

The Brāhma marriage is when [a maiden], adorned according to one's means, is given having invited [the groom]; / the son born of it purifies twenty-one men on both sides.

That is the marriage named Brāhma, in which, having invited a bridegroom endowed with the prescribed characteristics, the maiden is given, adorned according to one's means, with the pouring of water. A son born of her, if he is of virtuous conduct, purifies twenty-one [generations] on both sides: ten beginning with his father, ten beginning with his son, and himself as the twenty-first. || 1.58

[Next are] the Daiva and Ārṣa marriages:

The Daiva is [given] to an officiating priest engaged in a sacrifice; the Ārṣa, however, upon receiving a pair of cattle. / The first-born [son] purifies fourteen, and the latter-born six.

The Daiva marriage is that in which, while the performance of a sacrifice is in progress, the maiden, adorned according to one's means, is given to an officiating priest. But where the maiden is given upon receiving a pair of cattle, that is the Ārṣa. The first-born, born of the Daiva marriage, purifies fourteen: seven later and seven earlier. The latter-born, born of the Ārṣa marriage, purifies six: three earlier and three later. || 1.59

The definition of the Prājāpatya marriage:

When she is given to a suitor after saying, 'May the two of you practice duty together,' / that is the Kāya (Prājāpatya) marriage; the son born of it purifies six and six relatives along with himself.

The Prājāpatya marriage is the gift of a maiden having stipulated: 'May the two of you practice duty together.' The son born of it purifies six earlier and six later, together with himself, thus thirteen. || 1.60

The definitions of the Āsura, Gāndharva, and other marriages:

The Āsura is through taking wealth; the Gāndharva is through mutual agreement; / the Rākṣasa is through abduction by fighting; the Paiśāca is through deceit toward the maiden.

The Āsura is through the taking of wealth. The Gāndharva occurs through mutual affection. The Rākṣasa is through abduction by fighting. The Paiśāca is through deceit toward the maiden—that is, through abduction by fraud or trickery in states such as sleep. || 1.61

He states the specific differences in marrying a woman of the same class and others:

The hand is to be taken in the case of women of the same class; a Kshatriya woman should take an arrow; / a Vaishya woman should take a goad; in marrying [a woman of lower class], however, by a twice-born man.

In a marriage with women of the same class, only the hand is to be grasped according to the rule prescribed in one's own Gṛhyasūtra. A Kshatriya maiden, however, should take an arrow. A Vaishya woman should take a goad. In a marriage with a higher-class man, a Shudra woman, however, [should take] the hem of a garment. As Manu says:

'The hem of a garment should be grasped by a Shudra woman in marrying a higher-class man.' || 1.62

He states the order of those who give the maiden in marriage:

The father, grandfather, brother, a member of the same family, and likewise the mother, / is the giver of the maiden; on the absence of each preceding one, each succeeding one, if in a sound state of mind.

Not giving her, he incurs [the sin of] embryo-killing at every menstrual season. / In the absence of givers, however, the maiden should herself make a choice of a suitable husband.

Among these, beginning with the father, in the absence of each preceding one, each succeeding one is the giver of the maiden, if he is in a sound state of mind—that is, if he is not afflicted with defects such as madness. Therefore, whoever has the qualification, if he does not give her away, incurs embryo-killing at every menstrual season. And this is to be understood when a bridegroom endowed with the prescribed characteristics is available. When, however, there is an absence of givers, then the maiden herself may choose a bridegroom who is suitable—fit to be approached—and endowed with the prescribed characteristics. || 1.63 || 1.64

The punishment for abducting a maiden:

Once only is a maiden given; one who takes her away incurs the punishment of a thief.

It is a rule of scripture that a maiden is given once only. Therefore, one who takes away the maiden after having given her is to be punished like a thief.

Such a prohibition having been established everywhere, he states an exception:

Even though given, he may take her back if a bridegroom arrives who is better than the previous one.

If a bridegroom arrives who is better than the previous bridegroom, endowed with superior learning, lineage, and so forth, and the previous one is attached to sin or of bad conduct, then even though she has been given, he may take her back. And this is to be understood as [permissible only] prior to the seventh step. || 1.65

One who gives [a maiden] without disclosing a defect is to be fined the highest penalty; / but one who abandons a faultless maiden is to be fined, while one who falsely defames her [is to be fined] one hundred.

He, however, who gives a maiden without disclosing a defect discernible to the eye is to be fined the highest penalty. And the highest penalty will be explained later. But he who, having accepted a faultless maiden, abandons her, is likewise to be fined the highest penalty. He, however, who, even prior to marriage, defames a maiden out of hatred or the like with false defects such as chronic diseases, is to be fined one hundred panas of the characteristics to be explained. || 1.66

In the passage 'not previously married to another', a woman not previously married was declared as the one to be wed; in that regard, he explains what kind of woman is one previously married to another:

Both a deflowered and an undeflowered woman, consecrated again, is a punarbhū (remarried woman); / an unchaste woman (svairiṇī) is she who, having abandoned her husband, resorts to a man of the same class out of lust.

A woman belonging to another is of two kinds: a remarried woman (punarbhū) and a wanton woman (svairiṇī). The remarried woman is also of two kinds: deflowered and undeflowered. Among these, the deflowered one has already been tainted by association with a man prior to the marriage ceremony. The undeflowered one is tainted by the ceremony itself. Furthermore, one who abandons her husband in youth and willingly associates with a man of the same class is a wanton woman.

The general exclusion of a woman previously married being thus established in all respects, he states an exception:

Authorized by his elders, with a desire for male offspring, the husband's brother, / or a sapiṇḍa, or a sagotra, anointed with clarified butter, may approach a sonless woman in her fertile period.

He may approach her until conception takes place; otherwise, he becomes an outcaste. / One born by this rule shall be his field-born (kṣetraja) son.

"A sonless woman" means one who has not obtained a son. "Authorized" by her father and others for the sake of obtaining a son, "the husband's brother" is the younger brother of the husband; or a sapiṇḍa conforming to the stated definition; or a sagotra. In the absence of the former of these, each subsequent one [is eligible]. Having anointed his entire body with clarified butter, he may approach—go to—her only in the fertile period that has the characteristics to be stated later, until conception occurs. Going to her beyond that, or in another manner, he becomes an outcaste. A son produced by this rule shall be the field-born son of the previous husband who married her. And the teachers maintain that this applies [only] to a betrothed maiden,

"If the husband of a maiden dies after the betrothal is sealed by word, / her own brother-in-law may marry her in accordance with this rule."

Because of this smrti text of Manu.

With respect to an unfaithful wife, he says:

Deprived of authority, unkempt, subsisting only on a ball of food, / humiliated, sleeping on the ground, an unfaithful wife should be made to dwell [in the house].

One who commits adultery—he should make her dwell in his own house: "deprived of authority," meaning devoid of authority over maintaining servants and the like; "unkempt," meaning without collyrium, unguents, clean clothes, or ornaments; "subsisting only on a ball of food," meaning receiving only enough food to sustain life; humiliated with rebukes and the like; and sleeping on bare ground. This is for the sake of producing detachment, but not for the sake of purification,

"Whatever penance is prescribed for a man regarding another's wife, he should make her perform that very penance,"

because of this separate instruction on penance.

He states a commendatory passage to show that her penance is slight:

Soma gave them ritual purification, and the Gandharva a pleasant voice; / the Fire gave them universal purity; women are indeed pure for this reason.

Prior to marriage, Soma, the Gandharva, and the Fire, having enjoyed women, gave them, in that order, ritual purification, sweet speech, and universal purity. Therefore, women are traditionally held to be pure and clean in all respects—in touching, embracing, and so forth.

He states that one should not suppose that she incur no fault at all:

Purification from unfaithfulness occurs upon the menstrual period; upon pregnancy, abandonment is prescribed; / likewise in the case of abortion, killing the husband, and so on, as well as in the case of a major sin.

Whatever demerit arises from unmanifested mental infidelity, from the intention to have intercourse with another man, purification from that occurs in the menstrual period, upon the appearance of menses. But abandonment is ordained in the case of a pregnancy caused by a Shudra,

"Wives of Brahmins, Kshatriyas, and Vaishyas who have united with a Shudra / are purified by penance if they have not given birth, but not otherwise,"

according to this smrti text. Likewise, in the case of abortion, slaying the husband, and a major sin such as slaying a Brahmin; and by the use of "and so on," abandonment is also ordained in the case of going to a disciple or the like,

"Four wives are to be abandoned: she who goes to a disciple, she who goes to the guru, / and especially she who slays her husband, and she who approaches an outcaste,"

according to this smrti text of Vyāsa. An "outcaste" (juṅgita) is one born in reverse order of caste, such as a leatherworker. And "abandonment" means exclusion from sexual enjoyment and religious duties, not her expulsion from the house, on account of the restrictive rule: "he should confine her in a single room."

He states the grounds for taking a second wife:

A wife who drinks spirituous liquor, is diseased, deceitful, barren, destructive of property, sharp-tongued, / bearing only female children, or hostile to men, may be superseded.

"One who drinks spirituous liquor" is a liquor-drinker, even if she is a Shudra woman,

"Half the body of him whose wife drinks spirituous liquor falls,"

because of this general prohibition. "Diseased" means afflicted with a chronic illness. "Deceitful" means treacherous. "Barren" means childless. "Destructive of property" means one who wastes wealth. "Sharp-tongued" means one who speaks harshly. "Bearing only female children" means one who gives birth to daughters. "Hostile to men" means one who constantly works harm. "May be superseded" applies to each of these. Supersession (adhivedana) is taking another wife.

Furthermore:

A superseded wife must be maintained; otherwise a great sin arises. / Where there is harmony between husband and wife, there the threefold aim of life flourishes.

That superseded wife must be maintained just as before, with gifts, honor, and hospitality. If she is maintained otherwise, there is great demerit and the fine that will be mentioned. Nor does maintenance merely avoid demerit; for where there is harmony between husband and wife—unity of minds—there the daily increase of duty, wealth, and pleasure also occurs.

With respect to a woman, he says:

She who does not go to another man, whether her husband be living or dead, / attains renown in this world and rejoices with Umā.

She who, whether her husband be living or dead, does not go to another man out of fickleness, attains vast renown in this world, and revels together with Umā by the power of her merit.

In the absence of grounds for supersession, he states regarding the man who supersedes:

He who abandons a wife who obeys commands, is skillful, bears heroic sons, and speaks pleasantly, / shall be compelled to give a third of his property; if destitute, maintenance for the woman.

One who abandons—meaning supersedes—a wife who obeys commands, that is, executes orders; is skillful, that is, swift in action; bears heroic sons, that is, has male offspring; and speaks pleasantly, that is, speaks sweetly, shall be compelled by the king to give a third part of his own wealth. But if he is destitute, he shall be compelled to provide maintenance, such as food and clothing.

He states the duties of women:

Women must obey the husband's word; this is the highest duty of a woman. / But one tainted by a major sin must be waited on until purification.

The husband's word must always be carried out by women. Because this alone is the supreme, exalted duty of women, being the cause of heaven. But when he is tainted by a major sin, she must wait until purification; she is not subject to him [then]. Afterwards, however, she is subject to him just as before.

He states the fruit of taking a wife according to the scriptures:

Because infinity of worlds and attainment of heaven [come] through sons, grandsons, and great-grandsons,
therefore women must be served and must be well protected.

Infinity of worlds—meaning the non-interruption of one's lineage—and attainment of heaven are the purpose of taking a wife. How? He explains: infinity of worlds through sons, grandsons, and great-grandsons, and attainment of heaven through the Agnihotra and other [rites]—this is the syntactical connection. Because these two arise from women, therefore women are to be served, that is, enjoyed for the sake of offspring; and they are to be protected for the sake of duty. And likewise, the attainment of duty and offspring is stated by Āpastamba as the purpose of taking a wife, when he says: "When one has a wife endowed with duty and offspring, he should not take another" (ĀpDh 2.11.12). The fruit of sexual pleasure, however, is purely worldly.

It has been said that women are to be served for the sake of producing a son. Regarding that, he states a qualification:

Sixteen nights are the fertile period of women; during it, he should approach [her] on even [nights].
He remains indeed a celibate student, but he should avoid the parvan days and the first four [nights].

The fertile period (ṛtu) is the time characterized by a woman's fitness for conception. And that comprises sixteen days and nights beginning from the day of the appearance of menses. During that fertile period, on even nights—by the mention of "nights", daytime is forbidden—he should approach, that is, go [to her], for the sake of a son. The plural in "on even [nights]" indicates inclusion; and therefore, even in a single fertile period, he should go on all the even nights that are not forbidden. Going [to her] in this manner, he remains indeed a celibate student. Therefore, where celibacy is enjoined, such as in an ancestral rite (śrāddha), even if he approaches [her], there is no fault of lapse from celibacy. Moreover, he should avoid the parvan days and the first four [nights]. Because "parvan days" is plural, implying "and others", the eighth and fourteenth days are included, as Manu says:

"On the new moon, the eighth, the full moon, and the fourteenth,
a twice-born snātaka should constantly be a celibate student, even during the fertile period." (MDh 4.155)

Therefore, he should avoid the new moon and other [parvan days], and the four nights beginning from the appearance of menses.

Moreover:

Approaching a woman thus, [when she is] slender, he should avoid Maghā and Mūla;
when the moon is auspicious, a man should beget once an auspicious son.