"'Yudhishthira said, "Thou art fully conversant with the ordinances of all the scriptures. Thou art the foremost of those that are acquainted with the duties of kings. Thou art celebrated over the whole world as a great dispeller of doubts. I have a doubt, do thou explain it to me, O grandsire! As regards this doubt that has arisen in my mind, I shall not ask any other person for its solution. It behoveth thee, O thou of mighty arms, to expound as to how a man should conduct himself who is desirous of treading along the path of duty and righteousness. It has been laid down, O grandsire, that a Brahmana can take four wives, viz., one that belongs to his own order, one that is a Kshatriya, one that is a Vaisya, and one that is a Sudra, if the Brahmana wishes to indulge in the desire of sexual intercourse. Tell me, O best of the Kurus, which amongst those sons deserves to inherit the father's wealth one after another? Who amongst them, O grandsire, shall take what share of the paternal wealth? I desire to hear this, viz., how the distribution has been ordained amongst them of the paternal property."
"'Bhishma said, "The Brahmana, the Kshatriya, and the Vaisya are regarded as the three regenerate orders. To wed in these three orders has been ordained to be the duty of the Brahmana, O Yudhishthira. Through erroneous judgment or cupidity or lust, O scorcher of foes, a Brahmana takes a Sudra wife. Such a wife, however, he is not competent to take according to the scriptures. A Brahmana, by taking a Sudra woman to his bed, attains to a low end in the next world. He should, having done such an act, undergo expiation according to the rites laid down in the scriptures. That expiation must be twice heavier or severer if in consequence of such an act, O Yudhishthira, the Brahmana gets offspring. I shall now tell thee, O Bharata, how the (paternal) wealth is to be distributed (among the children of the different spouses.) The son born of the Brahmana wife shall, in the first place, appropriate from his father's wealth a bull of good marks, and the best car or vehicle. What remains of the Brahmana's property, O Yudhishthira, after this should be divided into ten equal portions. The son by the Brahmana wife shall take four of such portions of the paternal wealth. The son that is born of the Kshatriya wife is, without doubt, possessed of the status of a Brahmana. In consequence, however, of the distinction attaching to his mother, he shall take three of the ten shares into which the property has been divided. The son that has been born of the wife belonging to the third order, viz., the woman of the Vaisya caste, by the Brahmana sire, shall take, O Yudhishthira, two of the three remaining shares of the father's property. It has been said that the son that has been begotten by the Brahmana sire upon the Sudra wife should not take any portion of the father's wealth, for he is not to be considered an heir. A little, however, of the paternal wealth should be given to the son of the Sudra wife, hence the one remaining share should be given to him out of compassion. Even this should be the order of the ten shares into which the Brahmana's wealth is to be divided. All the sons that are born of the same mother or of mothers of the same order, shall share equally the portion that is theirs. The son born of the Sudra wife should not be regarded as invested with the status of a Brahmana in consequence of his being unskilled (in the scriptures and the duties ordained for the Brahmana). Only those children that are born of wives belonging to the three higher orders should be regarded as invested with the status of Brahmanas. It has been said that there are only four orders, there is no fifth that has been enumerated. The son by the Sudra wife shall take the tenth part of his sire's wealth (that remains after the allotment has been made to the others in the way spoken of). That share, however, he is to take only when his sire has given it to him. He shall not take it if his sire does not give it unto him. Some portion of the sire's wealth should without doubt, be given, O Bharata, to the son of the Sudra wife. Compassion is one of the highest virtues. It is through compassion that something is given to the son of the Sudra wife. Whatever be the object in respect of which compassion arises, as a cardinal virtue it is always productive of merit. Whether the sire happens to have children (by his spouses belonging to the other orders) or to have no children (by such spouses), unto the son by the Sudra wife, O Bharata, nothing more than a tenth part of the sire's wealth should be given. If a Brahmana happens to have more wealth than what is necessary for maintaining himself and his family for three years, he should with that wealth perform sacrifices. A Brahmana should never acquire wealth for nothing.[295] The highest sum that the husband should give unto the wife is three thousand coins (of the prevailing currency). The wealth that the husband gives unto the wife, the latter may spend or dispose of as she likes. Upon the death of the childless husband, the wife shall enjoy all his wealth. (She shall not, however, sell or otherwise dispose of any portion of it). The wife should never take (without her husband's knowledge) any portion of her husband's wealth. Whatever wealth, O Yudhishthira, the Brahmana wife may acquire by gift from her father, should be taken (after her death) by her daughter, for the daughter is like the son. The daughter, O king, has been ordained in the scriptures, to be equal to the son, O delighter of the Kurus. Even thus hath the law of inheritance been ordained, O bull of Bharata's race. Remembering these ordinances about the distribution and disposal of wealth, one should never acquire wealth uselessly."
"'Yudhishthira said, "If the son born of a Sudra woman by a Brahmana father has been declared in the scriptures to be disentitled to any wealth, by what exceptional rule then is a tenth part of the paternal property to be given to him? A son born of a Brahmana wife by a Brahmana is unquestionably a Brahmana. One born of a Kshatriya wife or of a Vaisya wife, by a Brahmana husband, is similarly invested with the status of a Brahmana. Why then, O best of kings, are such sons to share the paternal wealth unequally? All of them, thou hast said, are Brahmanas, having been born of mothers that belong to the three higher orders equally entitled to the name of regenerate."
"'Bhishma said, "O scorcher of foes, all spouses in this world are called by the name of Data. Although that name is applied to all, yet there is this great distinction to be observed. If, having married three wives belonging to the three other orders, a Brahmana takes a Brahmana wife the very last of all yet shall she be regarded as the first in rank among all the wives, and as deserving of the greatest respect. Indeed, among all the co-wives, she shall be the foremost in consideration. In her apartments should be kept all those articles that are necessary in view of the husband's baths, personal decorations, washing of teeth, and application of collyrium to the eyes. In her apartments should be kept the Havya and the Kavya and all else that the husband may require for the performance of his religious acts. If the Brahmana wife is in the house, no other wife is entitled to attend to these needs of the husband. Only the Brahmana wife, O Yudhishthira, should assist in these acts of the husband. The husband's food and drink and garlands and robes and ornaments, all these should be given by the Brahmana wife to the husband, for she is the foremost in rank and consideration among all the spouses of the husband. These are the ordinances of the scriptures as laid down by Manu, O delighter of the Kurus! Even this, O monarch, is seen to be the course of eternal usage. If a Brahmana, O Yudhishthira, led by lust, acts in a different way, he shall come to be regarded as a Chandala among Brahmanas.[296] The son born of the Kshatriya wife has been said to be equal in status to the son born of the Brahmana wife. For all that, a distinction attaches to the son of the Brahmana wife in consequence of the superiority of the Brahmana to the Kshatriya in respect of the order of birth. The Kshatriya cannot be regarded as equal to the Brahmana woman in point of birth. Hence, O best of kings, the son born of the Brahmana wife must be regarded as the first in rank and superior to the son born of the Kshatriya wife. Because, again the Kshatriya is not equal in point of birth to the Brahmana wife, hence the son of the Brahmana wife takes one after another, all the best things, O Yudhishthira, among his father's possessions. Similarly, the Vaisya cannot be regarded as the equal of the Kshatriya in point of birth. Prosperity, kingdom, and treasury, O Yudhishthira, belong to the Kshatriya. All these have been ordained for the Kshatriya. The whole earth, O king, with her belt of seas, is seen to belong to him. By following the duties of his own order, the Kshatriya acquires an extensive affluence. The sceptre of royalty is held by him. Without the Kshatriya, O king, there can be no protection. The Brahmanas are highly blessed, for they are the deities of the very deities. Following the ordinances laid down by the Rishis, the Kshatriyas should worship the Brahmanas according to due rites. Even this is the eternal usage. Coveted by thieves and others, the possessions of all men are protected by Kshatriyas in the observance of the duties assigned to their order. Indeed, wealth and spouses and every other possession owned by people would have been forcibly taken away but for this protection that the Kshatriyas afford. The Kshatriya, as the king, becomes the protector or rescuer of all the others. Hence, the son of the Kshatriya wife shall, without doubt, be held to be superior to him that is born of the Vaisya wife. The son of the Kshatriya wife, for this, takes a larger share of the paternal property than the son of the Vaisya mother."
"'Yudhishthira said, "Thou hast duly said what the rules are that apply to
Brahmanas. What, however, are the rules that apply to the others?"
"'Bhishma said, "For the Kshatriya, O delighter of the Kurus, two wives have been ordained. The Kshatriya may take a third wife from the Sudra order. Such practice prevails, it is true, but it is not sanctioned by the scriptures. Even this should be the order, O Yudhisthira, of the spouses of a Kshatriya. The property of a Kshatriya should, O king, be divided into eight shares. The son of the Kshatriya wife shall take four of such shares of the paternal property. The son of the Vaisya wife shall take three of such shares. The remaining one or the eighth share shall be taken by the son of the Sudra wife. The son of the Sudra wife, however, shall take only when the father gives but not otherwise. For the Vaisya only one wife has been ordained. A second wife is taken from the Sudra order. The practice prevails, it is true, but it is not sanctioned by the scriptures. If a Vaisya has two wives, one of whom is a Vaisya and the other a Sudra, there is a difference between them in respect of status. The wealth of a Vaisya, O chief of Bharata's race, should be divided into five portions. I shall now speak of the sons of a Vaisya by a wife of his own order and by one belonging to the inferior order, as also of the manner in which, O king his wealth is to be distributed among those children. The son born of the Vaisya wife shall take four of such shares of his father's wealth. The fifth share, O Bharata, has been said to belong to the son born of the Sudra wife. Such a son, however, shall take when the father gives. He should not take anything unless the father gives it to him. The son that is begotten on a Sudra wife by persons of the three higher orders should always be regarded as disentitled to any share of the sire's wealth. The Sudra should have only one wife taken from his own order. He can under no circumstances, take any other spouse. Even if he happens to have a century of sons by such a spouse, all of them share equally the wealth that he may leave behind. As regards all the orders, the children born of the spouse taken from the husband's own order shall, it has been laid down, share equally the father's wealth. The eldest son's share shall be greater than that of every other son, for he shall take one share more than each of his brothers, consisting of the best things of his father. Even this is the law of inheritance, O son of Pritha, as declared by the Self-born himself. Amongst children all born of the spouse taken from the husband's own order, there is another distinction, O king! In marrying, the elder ones should always precede the younger ones. The spouses being all equal in respect of their order of birth, and the children also being all equal in respect of the status of their mothers, the son that is first-born shall take one share more than each of his other brothers. The son that comes next in point of age shall take a share that is next in value, while the son that is youngest shall take the share that belongs to the youngest.[297] Thus among spouses of all orders, they that belong to the same order with the husband are regarded as the first. Even this is what was declared by the great Rishi Kasyapa the son of Marichi."'"
SECTION XLVIII
"'Yudhishthira said, "Through inducements offered by wealth, or through mere lust, or through ignorance of the true order of birth (of both males and females), or through folly, intermixture happens of the several orders. What, O grandsire, are the duties of persons that are born in the mixed classes and what are the acts laid down for them? Do thou discourse to me on this!"
"'Bhishma said, "In the beginning, the Lord of all creatures created the four orders and laid down their respective acts or duties, for the sake of sacrifice.[298] The Brahmana may take four wives, one from each of the four orders. In two of them (viz., the wife taken from his own order and that taken from the one next below), he takes birth himself (the children begotten upon them being regarded as invested with the same status as his own). Those sons, however, that are begotten by him on the two spouses that belong to the next two orders (viz., Vaisya and Sudra), are inferior, their status being determined not by that of their father but by that of their mothers. The son that is begotten by a Brahmana upon a Sudra wife is called Parasara, implying one born of a corpse, for the Sudra woman's body is as inauspicious as a corpse. He should serve the persons of his (father's) race. Indeed, it is not proper for him to give up the duty of service that has been laid down for him. Adopting all means in his power, he should uphold the burden of his family. Even if he happens to be elder in age, he should still dutifully serve the other children of his father who may be younger to him in years, and bestow upon them whatever he may succeed in earning. A Kshatriya may take three wives. In two of them (viz., the one taken from his own order and the other that is taken from the order immediately below), he takes birth himself (so that those children are invested with the status of his own order). His third wife being of the Sudra order is regarded as very inferior. The son that he begets upon her comes to be called as an Ugra. The Vaisya may take two spouses. In both of them (viz., the one taken from his own order, and the other from the lowest of the four pure orders), he takes birth himself (so that those children become invested with the status of his own order). The Sudra can take only one wife, viz., she that is taken from his own order. The son begotten by him upon her becomes a Sudra. A son that takes birth under circumstances other than those mentioned above, comes to be looked upon as a very inferior one. If a person of a lower order begets a son upon a woman of a superior order, such a son is regarded as outside the pale of the four pure orders. Indeed, such a son becomes on object of censure with the four principal orders. If a Kshatriya begets a son upon a Brahmana woman, such a son, without being included in any of the four pure orders, comes to be regarded as a Suta. The duties of a Suta are all connected with the reciting of eulogies and encomiums of kings and other great men. The son begotten by a Vaisya upon a woman of the Brahmana order comes to be regarded as a Vaidehaka. The duties assigned to him are the charge of bars and bolts for protecting the privacy of women of respectable households. Such sons have no cleansing rites laid down for them.[299] If a Sudra unites with a woman belonging to the foremost of the four orders, the son that is begotten is called a Chandala. Endued with a fierce disposition, he must live in the outskirts of cities and towns and the duty assigned to him is that of the public executioner. Such sons are always regarded as wretches of their race. These, O foremost of intelligent persons, are the offspring of intermixed orders. The son begotten by a Vaisya upon a Kshatriya woman becomes a Vandi or Magadha. The duties assigned to him are eloquent recitations of praise. The son begotten through transgression, by a Sudra upon a Kshatriya woman, becomes a Nishada and the duties assigned to him have reference to the catching of fish. If a Sudra happens to have intercourse with a Vaisya woman, the son begotten upon her comes to be called Ayogava. The duty assigned to such a person are those of a Takshan (carpenter). They that are Brahmanas should never accept gifts from such a person. They are not entitled to possess any kind of wealth. Persons belonging to the mixed castes beget upon spouses taken from their own castes children invested with the status that is their own. When they beget children in women taken from castes that are inferior to theirs, such children become inferior to their fathers, for they become invested with the status that belongs to their mothers. Thus as regards the four pure orders, persons beget children invested with their own status upon spouses taken from their own orders as also upon them that are taken from the orders immediately below their own. When, however, offspring are begotten upon other spouses, they come to be regarded as invested with a status that is, principally, outside the pale of the four pure orders. When such children beget sons in women taken from their own classes, those sons take the status of their sires. It is only when they take spouse from castes other than their own, that the children they beget become invested with inferior status. As an example of this it may be said that a Sudra begets upon a woman belonging to the most superior order a son that is outside the pale of the four orders (for such a son comes to be regarded as a Chandala who is much inferior). The son that is outside the pale of the four orders by uniting with women belonging to the four principal orders, begets offspring that are further degraded in point of status. From those outside the pale of the four orders and those again that are further outside that pale, children multiply in consequence of the union of persons with women of classes superior to their own. In this way, from persons of inferior status classes spring up, altogether fifteen in number, that are equally low or still lower in status. It is only from sexual union of women with persons who should not have such union with them that mixed classes spring up. Among the classes that are thus outside the pale of the four principal or pure orders, children are begotten upon women belonging to the class called Sairindhri by men of the class called Magadha. The occupation of such offspring is the adornment of the bodies of kinds and others. They are well-acquainted with the preparation of unguents, the making of wreaths, and the manufacture of articles used for the decoration of the person. Though free by the status that attaches to them by birth, they should yet lead a life of service. From the union of Magadhas of a certain class with women of the caste called Sairindhri, there springs up another caste called Ayogava. Their occupation consists in the making of nets (for catching fish and fowl and animals of the chase). Vaidehas, by uniting themselves with women of the Sairindhri caste, beget children called Maireyakas whose occupation consists in the manufacture of wines and spirits. From the Nishadas spring a caste called Madgura and another known by the name of Dasas whose occupation consists in plying boats. From the Chandala springs a race called Swapaka whose occupation consists in keeping guard over the dead. The women of the Magadhi caste, by union with these four castes of wicked dispositions produce four others who live by practising deceit. These are Mansa, Swadukara, Kshaudra, and Saugandha. From the Vaideha springs up a cruel and sinful caste that lives by practising deception. From the Nishadas again springs up the Madranabha caste whose members are seen to ride on cars drawn by asses. From the Chandalas springs up the caste called Pukkasa whose members are seen to eat the flesh of asses, horses and elephants. These cover themselves with the garments obtained by stripping human corpses. They are again seen to eat from broken earthenware[300]. These three castes of very low status are born of women of the Ayogava caste (by fathers taken from different castes). The caste called Kshudra springs from the Vaidehaka. The caste called Andhra which takes up its residence in the outskirts of towns and cities, also springs up (from the Vaidehakas). Then again the Charmakara, uniting himself with a woman of Nishada caste, begets the class called Karavara. From the Chandala again springs up the caste known by the name of Pandusaupaka whose occupation consists in making baskets and other things with cleft bamboos. From the union of the Nishada with a woman of the Vaidehi caste springs one who is called by the name of Ahindaka. The Chandala begets upon a Saupaka woman, a son that does not differ from the Chandala in status or occupation. A Nishada woman, by union with a Chandala, brings forth a son who lives in the outskirts of villages and towns. Indeed, the members of such a caste live in crematoria and are regarded by the very lowest orders as incapable of being numbered among them. Thus to these mixed castes spring up from improper and sinful union of fathers and mothers belonging to different castes. Whether they live in concealment or openly, they should be known by their occupations. The duties have been laid down in the scriptures for only the four principal orders. As regards the others the scriptures are entirely silent. Among all the orders, the members of those castes that have no duties assigned to them by the scriptures, need have no fears as to what they do (to earn their livelihood). Persons unaccustomed to the performance or for whom sacrifices have not been laid down, and who are deprived of the company and the instructions of the righteous whether numbered among the four principal orders or out of their pale, by uniting themselves with women of other castes, led not by considerations of righteousness but by uncontrolled lust, cause numerous mixed castes to come into existence whose occupations and abodes depend on the circumstances connected with the irregular unions to which they owe their origin. Having recourse to spots where four roads meet, or crematoria, or hills and mountains, or forests and trees, they build their habitations there. The ornaments they wear are made of iron. Living in such places openly, they betake themselves to their own occupations to earn their livelihood. They may be seen to live in this way, adorning their persons with ornaments and employed in the task of manufacturing diverse kinds of domestic and other utensils. Without doubt, by assisting kine and Brahmanas, and practising the virtues of abstention from cruelty, compassion, truthfulness of speech, and forgiveness, and, if need be, by preserving others by laying down their very lives, persons of the mixed castes may achieve success. I have no doubt, O chief of men, that these virtues become the causes of their success. He that is possessed of intelligence, should, taking everything into consideration, beget offspring according to the ordinances of the scriptures, upon women that have been declared proper or fit for him. A son begotten upon a woman belonging to a degraded caste, instead of rescuing the sire, brings him to grief even as a heavy weight brings to grief a swimmer desirous of crossing water. Whether a man happens to be possessed of learning or not, lust and wrath are natural attributes of humanity in this world. Women, therefore, may always be seen to drag men into the wrong path. This natural disposition of women is such that man's contact with her is productive of misery to him. Hence, men possessed of wisdom do not suffer themselves to be excessively attached to women."
"'Yudhishthira said, "There are men who belong to the mixed castes, and who are of very impure birth. Though presenting the features of respectability, they are in reality disrespectable. In consequence of these external aspects we may not be able to know the truth about their birth. Are there any signs, O grandsire, by which the truth may be known about the origin of such men?"'"