History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v2.c26.44

v2.c26.44

All these prohibitions against marrying a *sagotra*, *sapravara* or *sapiṇḍa* girl are extremely important, as the following considerations will show. It is a canon of the Pūrvamīmāṁsā that if there is a seen (*dṛṣṭa*) or easily perceptible reason for a rule stated in the sacred texts, it is only recommendatory and a breach of such a rule does not nullify the principal act. But if there is an unseen (*adṛṣṭa*) reason for a rule and there is a breach of such rule, the principal act itself is rendered invalid and nugatory thereby. The rule about not marrying a woman who is diseased or who has superfluous or deficient limbs has a seen reason viz. marriage with such a girl causes unhappiness (if she is diseased) or comment (if she has deficient limbs). Therefore, if a person marries such a girl the marriage is perfectly valid. But there is no seen or easily perceptible reason for the prohibition against marrying a *sagotra* or *sapravara* girl. Therefore, such rules go to the root of the matter and are obligatory and, if there is a breach of them, the marriage is no marriage, it is null and void. So even if a person goes through a ceremony of marriage with a girl who is a sagotra or sapravara or sapiṇḍa (within prohibited degrees) she does not in law become his wife at all. These principles are very lucidly set¹⁰³⁷ forth by Medhātithi on Manu III. 11, by the Mit. on Yāj. I. 53, the Madanapārijāta and other works. Therefore, these questions of sagotra, sapravara and sapiṇḍa will be dealt with at some length later on.