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History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v2.c26.358

History of Dharmaśāstra (Ancient and Mediaeval Religious and Civil Law in India) v2.c26.358

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v2.c26.358

In the first four forms there is the gift of the girl (*kanyādāna*) by the father or other guardian to the bride-groom. The word 'dāna' here is used in a secondary sense (as stated above on p. 504) viz. in the sense of transfer of the father's right of guardianship and control of the maiden to the husband. All gifts are to be made with water in the case of brāhmaṇas as stated by Manu (III. 35) and Gaut. V. 16-17.¹²⁰⁶ Similarly in all the four forms where there is *kanyādāna* the girl is to be well dressed and decked with ornaments. The essence of the brāhma form is that the girl is given without receiving anything from the bride-groom, who is invited and honoured by the girl's father. It is called brāhma either because brahma means the holy Veda and this mode being sanctioned by the most ancient texts it is the holiest and best form, or brahma means *dharma* and being the best of all forms it is called brāhma (vide Smṛtimuktāphala part I. p. 140). In the ārṣa form a pair of cattle is received from the bride-groom and it is somewhat inferior to the brāhma form. But the pair is given not as a price (i. e. there is no purchase), but because that is one way of effecting a marriage laid down by the śāstras (*vide* the passage quoted above at p. 504 'therefore one should give a hundred cows &c' and Āp. Dh. S. II. 6. 13. 11, which is opposed to Vas. Dh. S. I. 36) and the gift is made to show one's regard for the girl (vide Manu III. 53-54). The daiva form is only appropriate to brāhmaṇas as only ¹²⁰⁷ a brāhmaṇa could officiate at a sacrifice. It is so called because the bridegroom is engaged at the time in rites for the gods and it is inferior to the brāhma inasmuch as in it there is some trace of benefit to the father (that the priest may do his best in the rite for the gods). Govindasvāmin on Baud. Dh. S. says 'the bride is in this form part of the sacrificial fee'. In all forms of marriage the husband and wife have to perform all religious acts together, as forcibly put by Āp. Dh. S.¹²⁰⁸ (there is no separation between husband and wife, since from the time of taking the hand of the wife there is joint performance of all religious actions). But in the Prājāpatya the words used indicate according to the commentators (vide Saṁ.

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