Hindu Law and Custom (Recht und Sitte) c7.539

c7.539

The Smṛtis have all the more difficulty in opposing the practice of purchasing women because many Vedic passages may be quoted in favour of this custom. Thus MS 1, 10, 11 and Kāṭh. 36, 5 speak of a woman who has intercourse with other men although her husband has bought her¹ and in ṚV 1, 109, 2 the rich presents of the son-in-law seem to be referred to². Of the Gṛhyasūtras Pār. and Śāṅkh. speak quite freely of the above-mentioned present of 100 cows and a cart to boot to the father of the bride and the still unpublished Gṛhyas of the Mānavas and the Kāṭhakas³ contain the ceremonials for the purchase of women (*śulkadharma*). Here it appears to be the usual form of marriage in which the father of the bride receives the price of the bride in gold. Like the Smṛtis the Mah. too condemns the purchase of women on principle but allows it in practice and that not only among Vaiśyas and Śūdras, and often refers to the price of the bride as śulka. Thus Pāṇḍu had to pay a great amount in gold, jewels, ornaments, various stuffs, elephants, horses, carts etc. to the Madra king Śalya for the hand of his sister Mādrī, and this purchase of women is called a Kuladharma—even Paradharma (1, 113, 9 ff.).