is not the slightest doubt. Some say that the
virgin wife or widow,—one, that is, whose
marriage has not been consummated with her husband
by actual sexual congress in consequence of his absence
or death,—may be allowed to unite herself
with her husband’s younger brother or such other
relation. The husband dying before such consummation,
the virgin-widow may either surrender herself to her
husband’s younger brother or betake herself to
the practice of penances. In the opinion of some,
the younger brother of the husband or such other relation
may thus use the unused wife or widow, though others
maintain that such practice, notwithstanding its prevalence,
springs from desire instead of being a scriptural
ordinance. They that say so are clearly of opinion
that the father of a maiden has the right to bestow
her upon any eligible person, disregarding the dowry
previously given by another and accepted by himself.
If after the hand of a maiden has been promised all
the initial rites before marriage be performed, the
maiden may still be bestowed upon a person other than
the one unto whom she had been promised. Only
the giver incurs the sin of falsehood: so far,
however, as the status of wife is concerned, no injury
can occur thereto. The Mantras in respect of
marriage accomplish their object of bringing about
the indissoluble union of marriage at the seventh
step. The maiden becomes the wife of him unto
whom the gift is actually made with water.[286] The
gift of maidens should be made in the following way.
The wise know it for certain. A superior Brahmana
should wed a maiden that is not unwilling, that belongs
to a family equal to his own in purity or status, and
that is given away by her brother. Such a girl
should be wed in the presence of fire, with due rites,
causing her, amongst other things, to circumambulate
for the usual number of times.”
SECTION XLV
“Yudhishthira said, ’If a person, after
having given dowry for a maiden, goes away, how should
the maiden’s father or other kinsmen who are
competent to bestow her, act? Do tell me this,
O grandsire!’
“Bhishma said, ’Such a maiden, if she
happens to be the daughter of a sonless and rich father,
should be maintained by the father (in view of the
return of him who has given the dowry). Indeed,
if the father does not return the dowry unto the kinsmen
of the giver, the maiden should be regarded as belonging
to the giver of the dowry. She may even raise
offspring for the giver (during his absence) by any
of those means that are laid down in the scriptures.
No person, however, can be competent to wed her according
to due rites. Commanded by her sire, the princess
Savitri had in days of old chosen a husband and united
herself with him. This act of hers is applauded
by some; but others conversant with the scriptures,
condemn it. Others that are righteous have not
acted in this way. Others hold that the conduct