Verse 3.51 [Rules Regarding Marriage]

Sanskrit text, Unicode transliteration and English translation by Ganganath Jha:

न कन्यायाः पिता विद्वान् गृह्णीयात् शुल्कमण्वपि ।
गृह्णंशुल्कं हि लोभेन स्यान्नरोऽपत्यविक्रयी ?? ॥ ५१ ॥

na kanyāyāḥ pitā vidvān gṛhṇīyāt śulkamaṇvapi |
gṛhṇaṃśulkaṃ hi lobhena syānnaro'patyavikrayī ?? || 51 ||

The girl’s father, if wise, should not accept even a small consideration; by accepting a consideration, through greed, the man becomes a child-seller.—(51).

 

Medhātithi’s commentary (manubhāṣya):

This verse prohibits the receiving ‘of consideration’ in connection with the ‘Āsura’ form of marriage; that this is so, is indicated by the fact that later on (in 54) the acceptance of a dowry for the bride is permitted.

‘Wise’—i.e., knowing the impropriety of accepting the gift.

The girl’s father shall not accept even a small present; by accepting it, he becomes tainted with the sin of child-selling.

“What is it that is called ‘Śulka,’ ‘consideration?’”

It is what is received from the bridegroom on stipulation. When there is a bargaining, carried on in consideration of the good or bad qualities of the bride,—it is a case of pure ‘selling;’ what is referred to here is the acceptance of even a small present—though the bride is possessed of most excellent qualities,—that also without any stipulation.

This (acceptance of unequal price) is not a condition of ‘sale’ proper; the act is only deprecated by being described as being of the nature of ‘selling.’—(51)

 

Explanatory notes by Ganganath Jha

This verse is quoted in Vīramitrodaya (Saṃskāra, p. 851), which deduces from the word ‘lobhena,’ ‘through greed,’ the conclusion that if something is received without greed on the part of the father, it is not the ‘price,’ but only an honorific present to the bridegroom; and in support of this it quotes Manu 3.54;—in Vyāvahāra-Bālambhaṭṭī (p. 761);—and in Smṛticandrikā (Saṃskāra, p. 232);—and by Jīmūtavāhana (Dāyabhāga, p. 151).

 

Comparative notes by various authors

Baudhāyana (1.11.21).—‘Those persons who, deluded by greed, give away their daughters for a consideration, are soul-sellers, sinful and grave sinners, and up to their seventh generation, they fall into hell.’

Āpastamba Dharmasūtra (2.13.11).—‘In connection with marriage, a gift to the girl’s guardian has been prescribed with a view to securing a special end, and for a righteous purpose; therefore one should present to the girl’s guardian a chariot and a hundred cows; which present joins the couple in wedlock; the applying of the name selling to such giving of the girl is a mere declamation; because the acceptance of the present is for a righteous purpose.’