The Smriti rules of this period relating to marriage appear to have been in the same fluid state as before. Following the older authorities Manu and Yajnavalkya permit the marriage of a Brahmin, a Kshatriya, and a Vaishya with four, three and two wives respectively in the proper (anuloma) order; but marriage of the three upper classes, and especially of the Brahmins, with Shudra girls is condemned in the strongest terms.
The marriages of Brahmins, not to speak of Kshatriyas and Vaishyas, with Shudra girls, though denounced by the Smritis, continued to be performed. The rules relating to prohibited degrees of marriage follow the older lines. Manu excludes those who are blood relations (sapinda) on the mother’s side and of the same gotra on the father’s. Manu denounces marriage with the daughter of a paternal or maternal aunt or with the daughter of a maternal uncle.
The eight forms of marriage known to the older Smritis are repeated by Manu and Yajnavalkya. The list consists of brahma, arslta, prajapatya and daiva (each involving the gift of a maiden by her father or other guardian), gandharva (marriage by mutual choice), asura (marriage by purchase), rakshasa (marriage by capture) and paisacha (marriage by stealth).
The views of Manu and Yajnavalkya as to the admissibility of these various forms are as flexible as those of the older authorities. Manu and Yajnavalkya agree in praising the first four forms and condemning the last four. In the same context, however, Manu mentions other views declaring prajapatya, gandharva and rakshasa to be lawful, and paisacha and asura alone to be unlawful, and he also recommends different forms for different castes.
ADVERTISEMENTS:
It will appear from the above that the gift of a girl (kanyadana) is considered ideal in the Smritis. In fact, it is the right and the duty of the father (or of other guardians in a Fixed order of succession) to bestow the girl in marriage. As to the age of marriage, a young man of the first three classes could marry, under the Smriti law, only after the completion of his studies (i.e. at least after twelve years from his investiture with the sacred thread).
On the subject of the remarriage of women, the Smriti rules were still in a fluid state. The remarriage of widows is expressly declared by Manu to be unauthorised by the sacred law. He emphatically declares that only marriage with a virgin is contemplated by the nuptial texts, a non-virgin being excluded from religious ceremonies. Manu and Yajnavalkya also declare that a maiden is given once only in marriage.