History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.t2.315

v4.c63.t2.315

The germs of the topic of strīdhana can be traced to the Vedic Literature. As Sir Gooroodas Bannerjee remarks (in 'Marriage and Strīdhana' p. 370), 'nowhere were proprietary rights of women recognized so early as in India; and in very few ancient systems of law have these rights been so largely conceded as in our own'. The wedding hymn in the Ṛgveda (X. 85) contains two verses¹⁴⁸³ (13 and 38) which indicate that gifts were sent to the bridegroom's house with the bride. They are: 'the bridal gifts of Sūryā that Savitṛ sent off have gone forth; in the Aghās (Maghā constellation) are struck the kine and in the Arjunīs (Phalgunī constellation) is carried (the bridal gift); for thee in the beginning they carried about Sūryā together with the bridal gifts &c.'. Sāyaṇa explains 'vahatu' as 'cows and other objects given for pleasing the girl to be married', while Lanman (Harvard O. series vol. VIII p. 753) renders it as 'bridal car'. Sāyaṇa's interpretation suits the context much better. In the Tai. S. VI. 2. 1. 1 we read,¹⁴⁸⁴ 'the wife (of the sacrificer) holds on (to the cart), for the wife is the mistress of the household gear'. Manu IX. 11 uses the word 'pāriṇāhya' (household gear) and states that the wife should be entrusted among other matters with the supervision over it. Jaimini¹⁴⁸⁵, according to Śabara, refers to this passage of the Tai. S. for establishing that women do own certain property. Medhātithi¹⁴⁸⁶ on Manu VIII. 416 (cited above on p. 452) quotes this passage of the Tai. S. and argues that if Manu VIII. 416 (saying that whatever a wife earns is her husband's) were literally understood passages like the one in Tai. S. would have no scope and that therefore Manu simply means that though women may be owners they cannot dispose of the property independently. It appears from these ancient passages that the properties, which in early days were held to be owned by women, were presents made at the time of marriage (such as ornaments and costly dresses) and household articles that are generally under the control of women and that the later smṛti rules about the devolution of strīdhana in the female line arose from the peculiar nature of the articles over which dominion was conceded to women. This early state of things is indicated by some of the early sūtras. Āp. Dh.¹⁴⁸⁷ S. (II. 6. 14. 9) states the view of some predecessors (which Āp. himself does not approve) that the ornaments belong to the wife and also such wealth as came to her from her agnates (father, brother &c.). Baud. Dh. S. II. 2. 49 says that daughters get the ornaments of their mother and whatever else it is customary for them to get. Vas. 17. 46 prescribes that women (daughters) should divide the nuptial presents given to their mother. Śaṅkha (q. by Saṁ. Pr. p. 851) prescribes that in all forms of marriage ornaments and strīdhana should be given to the girl. It may be that Manu VIII. 416 only gives expression to an ancient opinion, that the literal meaning of that verse was given up long before and that all that Manu meant was that during coverture a woman was subject to the control of the husband as regards her strīdhana.