History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.668

v4.c63.668

The Mit. further explains the sūtras of Āpastamba⁷⁶⁰ (Āp. Dh. S. II. 6. 14. 16-19) which lay down 'there can be no division between husband and wife, for since the day of marriage they have to perform religious rites together, they also participate together in the rewards of merit arising from religious rites and also in the wealth acquired; for this reason when the husband has gone abroad if the wife spends on necessary occasions (out of the family wealth) it is not declared to be theft'. The Mit. explains that the absence of division between husband and wife is restricted to religious rites performed with *śrauta* fires or *smārta* fire and in the rewards of meritorious acts and not in all actions or as to all property. Therefore in other charities where no sacred fire is required (*pūrta* acts such as constructing a well or a public park) they have separate rights. Vide S. V. pp. 353 for various explanations of Bhāruchi and others on Āp. Dh. S. and V. P. pp. 255-56.