Verse 3.172

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

परिवित्तिः परिवेत्ता यया च परिविद्यते ।
सर्वे ते नरकं यान्ति दातृयाजकपञ्चमाः ॥ १७२ ॥

parivittiḥ parivettā yayā ca parividyate |
sarve te narakaṃ yānti dātṛyājakapañcamāḥ || 172 ||

The superseded elder brother, the superseding younger brother, and she through whom the superseding is done,—all these go to hell, along with the giver and the officiating priest as the fifth.—(172)

 

Medhātithi’s commentary (manubhāṣya):

While he is dealing with the subject of ‘supersession,’ the author proceeds to state its prohibition by showing the evil that befalls all persons connected with it.

He who is passed over, insulted, by the marriage is the ‘superseded elder brother;’ and he who does the passing over of the elder brother is ‘the superseding younger brother;’—that girl through whom the superseding is done;—‘all these go to hell.’

The ‘giver’ and the officiating priest form the fifth of those that go to hell. The ‘giver’ meant here must be that of the girl, her father and other guardians; that such is the meaning is clear from the context.

The ‘officiating priest’ is one who performs the Homa in marriage, or he who guides the ceremony. Or, it may mean ‘one who officiates as priest at the performance of the Jyotiṣṭoma and other sacrifices by the aforesaid four persons—the superseded elder brother, the superseding younger brother, the girl that is married, and he who gives her away.’

For this reason, the elder brother should act in such a manner that he does not form an obstacle in the marriage of his younger brother; and the younger brother also should wait for twelve, eight or six years; and the girl also should not allow herself to be given away to such a person;

The compound ‘dātṛyājakapañcamāḥ’ is to be expounded as a Bahuvrīhi, containing Dvandva: a ‘Dātṛyājakau (Dvandva) pañcamau yeṣām’ (Bahuvrīhi).—(172)

 

Explanatory notes by Ganganath Jha

This verse is quoted in Vidhānapārijāta (p. 723) without comment;—also in Vīramitrodaya (Saṃskāra, p. 760);—and in Saṃskāraratnamālā (p. 514) which adds the following notes—That girl also goes to hell, by marrying whom the younger brother ‘supersedes’ the elder; ‘dātṛyājakapañcamāḥ’, i.e. (1) the bridegroom, (2) the bride, (3) the superseded elder brother, (4) the giver away of the bride, (5) and the priests officiating at the ceremony.

 

Comparative notes by various authors

Laghu-Śātātapa (40).—[Reproduces the words of Manu.]

Gobhila-Smṛti (1.71).—‘The Superseder and the Superseded both assuredly go to hell; if they have performed the expiatory rite, even so they participate in the effects reduced only by a quarter.’

Baudhāyana (2.1.39).—[Same as Manu, except that for ‘Yāyā ca parividyate’ the reading is Yā chainam parivindati.’

Mahābhārata (12.165-68).—(The first line is the same as Manu.)—‘He who marries illegally—all these are outcasts.’