History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v2.c26.460

v2.c26.460

The Vas. Dh. S. (17. 72) goes so far as to observe 'when a girl has been promised in marriage (and the promise has been confirmed) with water, if the intended bride-groom dies, but the Vedic mantras have not been recited, that girl still belongs to her father (and may be given to another)'. Kātyāyana¹²⁴⁵ has a similar verse 'if after choosing a girl as his bride, a man dies (or is unheard of) the girl after the lapse of three monthly periods may marry another'. And another verse of the same author says that if a person after giving a gratuity for a girl and *strīdhana* to her goes abroad, the girl may be kept unmarried for a year and then may be given to another. Manu (VIII. 227) says 'the Vedic mantras recited in the marriage rite are a sure indication of wife-hood; but their completion should be understood by the wise as occurring on taking the seventh step'. Aparārka p. 94 (on Yāj. I. 65) quotes a similar verse from Nārada (strīpuṁsa v. 3). The Udvāhatattva p. 129 quotes Yama to the same effect. So it follows that the marriage becomes complete and irrevocable the moment the saptapadī rite is performed, but before that rite is gone through there is a *locus pœnitentiæ* or a power to resile from what has been undertaken. Before the saptapadī is performed, if the bride-groom dies, the bride is still a maiden and not a widow and can be married again¹²⁴⁶. The most essential ceremonies of marriage are the homa and saptapadī. The Droṇaparva¹²⁴⁷ says that promise of a daughter and giving a daughter with water are not certain means of knowing wife-hood but saptapadī is known to be the completion of marriage. If any of the other ceremonies are wanting that would not vitiate the marriage. In I. L. R. 12 Cal. 140, it has been held that the vṛddhi-śrāddha is not an essential ceremony and its absence would not vitiate marriage.