In many old religions, the generative principle was regarded as the mother of both gods and men. In the Christian religion we find tendency to a similar recognition in Catholic worship of the Virgin Mary. The most ancient Aryans were under the Matriarchate, the feminine recognized as the creative power. The word ma from which all descendants of those peoples derive their names for mother, was synonymous with Creator. Renouf, the great antiquarian authority upon the Aryan’s,[21] gives the songs and ceremonies of the wedding. In these, the woman is represented as having descended to man from association with divine beings in whose custody and care she has been, and who give her up with reluctance. In Sanscrit mythology,[22] the feminine is represented by Swrya, the Sun, the source of life, while the masculine is described as Soma, a body. Soma, a beverage of the gods especially sacred to Indra, was the price paid by him for the assistance of Vayu, the swiftest of the gods, in his battle against the demon Vritra. A curious line of thought is suggested. The marriage of the man to the woman was symbolized as his union with the gods. Soma, a drink devoted to Indra, the highest god, signified his use of a body, or the union of spirit and body. In the same manner, woman representing spirit, by her marriage to man became united with a body. As during the present dark age, the body has been regarded more highly than the spirit, we find a non-recognition of the woman, although the union of spirit and body is symbolized in the Christian church by the sacrament of bread and wine. During the purest period of Aryan history marriage was entirely optional with woman and when entered into, frequently meant no more than spiritual companionship. Woman equally with man was entitled to the Brahminical thread; she also possessed the right to study and preach the Vedas, which was in itself a proof of her high position in this race. The Vedas, believed to be the oldest literature extant, were for many ages taught orally requiring years of close application upon part of both teacher and student.
The word Veda signifies “to-know”; the latter from Vidya meaning “wise.” The English term widow is traceable to both forms of the word, meaning a wise woman—one who knows man. Many ages passed before the Vedas were committed to writing.[23] At that early day the ancestral worship of women—departed mothers—was as frequent as that of departed fathers, women conducting such services which took place three times a day. In the old Aryan Scriptures the right of woman to hold property, and to her children, was much more fully recognized than under the Christian codes of today. Many of the olden rights of women are still extant in India. The learned Keshub Chunder Sen vigorously protested against the introduction of English law into India, upon the ground that it would destroy the ancient rights of the women of that country. It was primal Indian law that upon the death of the husband the wife should heir all his property. Marriage was regarded as an eternal union, the two, by this act, having so fully become one, that upon the husband’s death, one half of his body was still living. The property and the children were held as equally belonging to the husband or the wife.
Colebrook’s Digest of Hindoo Law, compiled from the writings of the Bengal Pundit Jergunnat, ’Na Tercapanchama, from those of Vasist ha, Catayana, and other Indian authorities says:
In the Veda, in Codes of Law, in sacred ordinances, the wife is held as one person with the husband; both are considered one. When the wife is not dead, half the body remains; how shall another take the property when half the body of the owner lives? After the death of the husband the widow shall take his wealth; this is primeval law.
Though a woman be dependent, the alienation of female property, or of the mother’s right over her son by the gift of a husband alone[24] is not valid in law or reason;
The female property of wives like the property of a stranger, may not be given, for there is want of ownership.
Neither the husband, nor the son, nor the father, nor the brother, have power to use or alien the legal property of a woman.
We hold it proper that the wife’s co-operation shall be required in civil contracts and in religious acts under the text.
A gift to a wife is irrevocable.
The collection of East Indian laws made under authority of the celebrated Warren Hastings, 1776, is of similar character. The kinds of property a wife can hold separate from her husband at her own disposal by will, are specified.