Rights in the Family
Appendix 6. (1286).
If we compare Roman and Oriental legislation on marriage, we see that the civil element in the former is more developed and powerful than in the latter, which is always encumbered and entangled in invincible customs, prejudices and arbitrary, family decisions. Even in the Orient, people contracted marriage in various ways depending on the degree of their moral decadence. Eight ways of contracting marriage are listed in the laws of Manu: the way of Brahma, of the gods (Devas), of the holy men (Richis), of the creatures (Pradjapatis), of the evil spirits (Asouras), of the heavenly musicians (Grandharbas), of the giants (Rakchaseas), and of the Vampires (Pasatchas) (bk. 3: 21). The first four are religious and pertain to theocratic and domestic society; the others to the state of decadence, that is, to nature in opposition to the state of society. There is no evidence of a civil contract, and civil society plays no part at all. The following is a description of the first four ways:
| In a legitimate `Brahma' marriage, a father first presents his daughter with a dress and some ornaments, and then gives her away to a virtuous man learned in holy Scripture who has been expressly invited and honourably received by the father. In the `divine' way, the name given by the Mounis (holy people), a sacrifice is begun, the father attires his daughter, and then grants her to the officiating priest. In the way `of the Holy Men', the father is first given a cow and a bull by the bridegroom, or an equivalent pair of mates, to perform a sacrifice or to give them to his daughter (but not for gratification), and then grants the hand of his daughter. In the way named `of the creatures', a father gives his daughter in marriage with the relevant honours by saying: `Practise together the prescribed duties.' (Bk. 3: 27-30) |
In all these ways the father is present and gives his daughter in marriage. It is an authoritative act of the head of the family. Religion plays a role particularly in the first three. For the priestly class it is recommended that the marriage be preceded by libations of water (ibid., 35). Other rites prescribe the nuptial fire to be carried out by the one who presents the wife and has become head of the house (ibid., 67-286). In the other four ways of contracting marriage, the father plays no part as author of the bond. They are described as follows:
| In a marriage `of the evil spirits', the bridegroom is fully content to receive the hand of a girl and, according to his ability, offers gifts to the relatives and to the girl. A marriage called `of the heavenly musicians' is the union of a young woman and young man founded on a mutual vow; it originates from desire and its purpose is the pleasures of love. In a marriage `of the giants', the paternal house forcibly carries off a young woman weeping and shouting for help. Anyone who opposes this violence is killed or wounded, and the walls of the enclosure are breached. In the detestable marriage `of the Vampires', a lover secretly approaches a sleeping, drunk or mad woman. This is the eighth and basest kind of marriage. (Ibid., 31-44) |
It is not clear that any punishment or sanction forbids this last kind, or the other three. They are simply reproved, and recognised as ways of contracting true marriages. All the other laws of Manu demonstrate that civil law concerning marriage did not exist; the despotism of the family stifled all such legislation. This was the great cause which prevented the progress of the Oriental nations and kept them stationary.