SECTION II.-STRÍDHAN.*

STRI DHAN DEFINED AND EXPLAINED.

1. What was given before the nuptial fire, what was presented in the bridal procession (a,) what has been conferred on the woman through affection, and what has been received by her from her brother, her mother, or her father, are denominated the six-fold property of a woman.†-MANU and KÁTYÁYANA.

II. What was given before the nuptial fire, what was presented in the bridal procession (a,) her husband's donation (i,) and what has been given by her brother or by either of her parents, is termed the sixfold property of a woman.t-NÁRADA.

Here the number six must not be considered as reREMARK. strictively used; since it will be hereafter declared that woman's peculiar property is of many descriptions.-Dá. kra, sang. pp. 32, 33.

(a) KÁTYÁYANA explains these:-"What is given to women at the time of their marriage, near the nuptial fire, is celebrated by the wise as the women's peculiar property bestowed before the nuptial fire. That, again, which a woman receives while she is conducted from the paternal‡ (abode to her husband's dwelling,) is instanced as the separate property of a woman, under the name of gift presented in the bridal procession."+

"The time of their marriage,"]—that is, the time occupied by the ceremony, commencing with the performance of the funeral obsequies for departed ancestors, and concluding with the (bride's) abhi-váda (prostration) at the feet of her husband. Property received during this time is denominated youtaka or joutaka (marriage present,) conformably to the meaning of the root yu, or ju' which signifies to mix, and the mixture here alluded to is that which results from the union by marriage of

A woman's peculium, or her own separate or peculiar property.

† Coleb. Dí, bha. pp. 70,71;-W. Dá. kra. sung. p. 32.

Since the term "paternal" is derived from a complex expression, of which one member only is retained, the presents, which she receives from the family of either her father or her mother, while she is conducted to the house of her husband, are gifts presented in the bridal procession.-Da. bha, p. 70.

the man and woman, who become as it were one and the same body. The following passage of scripture which declares: "Her bones become identified with his bones, flesh with flesh, skin with skin."-Dá. kra. sang. p. 33.

(i) Her husband's donation (dáya)' is wealth given (datta) to her by her husband; [not, as the word might be supposed to signify, the heritage of her husband.] For MANU and others notice that which is given (datta) to her by him, without mentioning his donation (dáya,) and NÁRADA specifies donation (dáya) without any separate notice of (that which is) given (datta.) In other instances also, husband's donation' is used for wealth given by the husband. Thus KÁTYÁYANA says: "Let the woman place her husband's donation as she pleases, when he is deceased: but, while he lives, she should carefully preserve it, or else [if unable to do so] commit it to the family.* So the text of Vrása, concerning the limits of the value which may be given by her husband, [exhibits the same term:] A present, amounting to two thousand (panas) at the most, may be given to a woman, out of the wealth; and whatever property is given to her by her husband, let her use as she pleases.'*

"What has been given to a woman (before or after her nuptials,) by the father, the mother, the husband, or a brother, or received by her at the nuptial fire, or presented to her on her husband's marriage to another wife (u) is denominated a woman's property."*-JÁG

NYAVALKYA.

"What has been given to a woman by her father, her mother, her son, or her brother, what has been received by her before the nuptial fire, what has been presented to her on her husband's espousal of another wife (u,) what has been given to her by kindred (e,) as well as her perquisite (k,) and gift subsequent (o,) are a woman's separate property."-VISHNU.

(u) That wealth, which is given to gratify a first wife by a man desirous of marrying a second, is a gift on a second marriage : for its object is to obtain another wife (with the assent of the first.*)

(e) The term 'kindred,' in the above text of VISHNU, intends maternal uncles and others; for the father and the rest are specified by the

Dá bhá. pp. 68–73;-Dá, kra. sang. pp. 36-38.

appropriate terms. But by the word 'kindred' in the other texts regarding stri-dhan, her father and mother are denoted. Hence the meaning is this; any thing received subsequently to the marriage, from (maternal or paternal uncles or other) persons who are related through the father or the mother, or from those two parents themselves; or so received from the husband, or from his family, namely, her father-in-law and the rest; is a gift subsequent.-See Coleb. Dá. bhá. pp. 69, 70.

(0) KÁTYÁYANA defines a 'gift subsequent.'-What has been received by a woman from the family of her husband, at a time posterior to her marriage, is called a gift subsequent; and so is that which is similarly received from the family of her kindred.* Whatever is received by a woman after her nuptials, either from her husband or from her parents, through the affection of the giver, BHRIGU pronounces to be a gift subsequent.†

(0) KÁTYÁYANA describes the perquisite or fee-"Whatever has been received as a price of workmen on houses, furniture (1,) beasts of burden (2,) milch animals (3,) and ornaments, is denominated a fee or perquisite (4.)†

Any thing which is given to a woman by the mother or father of her husband in token of affection, and that whlch is given in return of her humble salutations, is called wealth gained by loveliness.KÁTYÁYANA.-Coleb. Dig. Vol. III. pp. 550, 570, 571.

* "From the family of her kindred."]-Here by the term "kindred" her father and mother are (also) intended. Therefore any thing received after the marriage from persons related through her husband, such as her father-in-law and others, or from persons related through the father and mother, namely, maternal and paternal grandfathers, is termed a gift subsequent. Such is the meaning of the first text; and the meaning of the second text is that any thing received posterior to the marriage, either from her husband, or from her parents, is also termed a gift subsequent.-Dí. kra. sang. pp. 38, 39.

+ Coleb. Dá. bhd. pp. 68-73;—Dá. kra. sang. pp. 36-38.

(1)Furniture,'-brooms, &c.-Dí. kra, sang. p. 37.

(2) Beasts of burden,'-bullocks, &c.-Ibid.

(3) Milch animals,'-milch cows, &c.-Ibid. p. 38.

(4) That is termed a fee (or perquisite) which a woman receives from others as a douceur for influencing her husband, an architect or other description of artist, to expedite the completion of their business, such as the construction of a house or other kind of work. It is the price in fact which she receives for sending her husband (to the employment.) Da, kra, sang. p. 38.

Her subsistence (k,) her ornaments, her perquisite (o,) and her gains (g,) are the separate property of a woman. She herself exclusively enjoys it; and her husband has no right to use it, unless in distress."-DEVALA.

(k) "Subsistence"]-What remains of that which is given to her for her food and raiment.

(g) "Gains"]-interest on loans and so forth.-Commentary on the Daya-bhága by Chúró-mani, Srí-krishna, and others.

"Gains"]-a treasure discovered, &c.-Sri-krishna.-See Dá. kra. sang. p. 38.

Ornaments are the exclusive property of a wife, and so is wealth given to her by her kinsmen or friends, according to some (legislators.+)-A PASTAMBA.

Such ornamental apparel as women wear during the lives of their husbands, the heirs of those husbands shall not divide among themselves; they who divide it among themselves fall deep (into sin.†)MANU and VISHNU.

The whole of the ornaments worn by a wife with the assent of her husband is her own (property,) although they were not given by the husband.-Medhátithi cited by Raghu-nandana.

The assent of her lord is indispensably necessary; and it is also requisite that this apparel should have been the several property of her husband, as declared by MANU :-" A woman should never make a hoard from the goods of the kindred (which are) common to (her and) many; or even from the property of her lord, without his assent." Coleb. Dig. Vol. III. p. 571.

"Whatever is presented at the time of the nuptials to the bridegroom, intending (the benefit of the bride,) belongs eutirely to the bride, and shall not be shared by kinsmen."-VYÁSA.*

Intending.]-Designing, that it shall appertain to the bride. It is not meant that the property becomes hers, even without such intention. Accordingly the time of nuptials is here stated illustrative

ly, and not as the sole motive. For the will of the giver is the cause of property. So the following authentic text does not specify, that it must be at the time of the nuptials." What is presented to the husband of a daughter, goes to the woman, whether her husband live or die, and, after her death, deseends to her offspring." Here the giver's intention is not specified, because it is implied by the word 'daughter.'*

The expression of before the nuptial fire' occurring in the text (of KÁTYÁYANA) before cited, and that at the time of the nuptials' in the text above quoted, are both illustrative. Since whatever is delivered in the hand of the birdegroom intending the benefit of the bride becomes hers, such intention must therefore be considered as the foundation of her property therein. The mention threfore of the bridegroom' must be taken figuratively, for wealth delivered into the hand of any other with that intention, would equally become the exclusive property of the birde.-Dá. Kra. Sang. p. 34.

Vyavastha?

427. Since various sorts of separate property of a woman have been thus propounded without any restriction of number, the number of six, (as specified by MANU and others) is not definitely meant. But the texts of the sages merely intend an explanation of woman's separate property.* Vyavastha

428. That alone is her peculiar property, which she has power to give, sell, or use, independently of her husband's control.

That is declared by KÁTYÁYANA: "The wealth, which

Authority. is earned by mechanical arts, or which is received

through affection from any other, (than the kindred, d) is always subject to the husband's dominion. The rest is pronounced to be the woman's property.

(d) Over that, which has been received by her from any other than the family of her father, mother, or husband, or has been earned by her in the practice of mechanical art, her husband has dominion

See Coleb. Da, bhá. pp. 71,74,75;—W. Dá. kra. sang. pp. 33,34, 35,37, 39,42. A woman's property may then be briefly defined to be that wealth which independent of her husband's control she has a right to dispose of at pleasure, recognised as this right is by law which KÁTYÁYANA has declared. (Dá, kra. sang. p. 39.)-See the last paragraph of his page.