History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v2.c27.25

v2.c27.25

In certain cases marrying or kindling sacred fires before an elder brother is not condemned. Medhātithi on Manu III. 171 quotes a verse 'One need not wait where the elder brother is a lunatic, or is a sinner, or leprous, impotent, or suffering from tuberculosis' and remarks that this is only illustrative (i. e. one need not wait where the elder brother has no adhikāra for marriage or for kindling fires)¹²⁶⁸. Vide Atri v. 105 (Ānan. ed.) for a similar verse. Another verse of Atri (v. 106) says that there is no blemish in marrying before the elder brother, if the latter is impotent or gone abroad, or *patita* or has become a recluse or is devoted to Yogaśāstra¹²⁶⁹. *Vide* Gobhila smṛti (I. 72-74) for similar verses (which are quoted by the Gṛ. R. p. 90), Trikāṇḍamaṇḍana I. 68-74, Smṛtyarthasāra p. 13 and Saṁ. Pr. pp. 760-766.