History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v2.c31.17

v2.c31.17

Several smṛtis contain certain rules about what the wife was to do when the husband had gone abroad for many years after marriage. Nārada (strīpuṁsa, verses 98-101) gives the following directions.¹⁴⁴² 'If the husband has gone to a foreign country a brāhmaṇa wife should wait for eight years, but four years if she has not given birth to a child; after that period (of 8 or 4 years) she may resort to another man (then Nārada lays down lesser number of years for kṣatriya and vaiśya wives). If the husband is known to be living then the periods are double of those stated above; this is the view of Prajāpati when no news can be had of persons and hence there is no sin if a woman resorts to another man (in such cases).' Manu (IX. 76) says 'If a man has gone to a foreign land for doing some religious duty the wife should wait for him for eight years, six years if he has gone for acquiring knowledge or fame, or three years if he has gone on a love affair (or for another wife).' Manu does not state what the wife is to do after these years of waiting. Vas. (17. 75-76) requires that 'the wife of one who has gone to a foreign land should wait for five years and after five years she should go near her husband.' This may be all right as far as it will go. But if the husband is unheard of, how is she to reach him? Vasiṣṭha says nothing on that point. Viśvarūpa on Yāj. I. 69 says that the periods of waiting prescribed for the wife of an emigrant are meant not for permitting niyoga thereafter, but for calling upon her to repair to her husband. Kauṭilya (III. 4) prescribes some interesting rules: 'the wife of one, who has long gone abroad, or who has become a recluse or who is dead, should wait for seven menstrual periods and for a year if she has a child already. Thereafter she may marry the full brother of her husband. If there be many brothers she should marry one who is near in age (to the first husband), who is virtuous, capable of maintaining her or who is the youngest or unmarried. If no such brother exists she may marry a sapiṇḍa of the husband or one of the same caste.' The story of Damayantī suggests that when the husband was not heard of for many years, a wife could marry again. Damayantī is said to have sent a message to Ṛtuparṇa that, as Nala was not heard of for many years, Damayantī was going to celebrate a svayaṁvara and Ṛtuparṇa hurries for it and does not think it a strange thing (Vanaparva 70. 24).