Indian wedding traditions. law of ancient india

FEDERAL AGENCY FOR EDUCATION

RUSSIAN STATE UNIVERSITY

OIL AND GAS IM. I.M. GUBKINA

FACULTY OF LAW

Department of Theory and History of State and Law

"Family and Marriage in Ancient India"

Moscow 2011

Introduction

The topic of my essay is family and marriage in Ancient India. This problem is of interest for research, since the family is one of the five fundamental institutions of society, giving it stability and the ability to replenish the population in each next generation. A family is a small social group based on marriage and consanguinity, whose members are connected by a common life, mutual responsibility and mutual assistance, a unique set of emotional relationships. The basis of the family is marriage - a historically conditioned, sanctioned and regulated social form of relations between a man and a woman, which determines their rights and obligations in relation to each other and to children.

Marriage and the family are among the phenomena in which interest has always been stable and widespread. Despite all the diversity of people's lives, a huge number of political, economic, spiritual and other institutions and organizations, in almost every society the family has been and is a distinctly expressed social unit. The family is one of the most ancient and significant social institutions. The need for its emergence and preservation is due to the needs of the physical, social and spiritual reproduction of a person, the population.

In the course of cultural and historical development, not only the form of family and marriage relations changed, but also the very content of these relations, in particular, between husband and wife. Thus, the purpose of my research is to consider marriage and family relations in ancient India and their legal framework contained in ancient Indian sources of law, in particular in the Laws of Manu and Kautilya's Arthashastra.

1. The most important sources of ancient Indian law

The specificity of ancient Indian law was reflected primarily in its sources, among which an important place is occupied by dharmashastras (collections of religious, legal and moral prescriptions) and arthashastras (tracts on politics and law). There was also the concept of "nyaya", similar to the European "law", which denoted the generally accepted sources of behavior. The concept of "law" as such was absent in Ancient India. The Dharmashastras, originally composed by Brahmins for their students, are later recognized as sources of law. The oldest drahmashastras - Gautama, Baudhayama, Apastamba, Vasishkhta were called dharmasutras (sutra - thread).

Dharmashastra Manu (laws of Manu) - the most famous of the dharmashastras (II century BC - II century AD). It arose on the basis of the oldest dharmashastras. The tradition ascribes the drawing up of laws to Manu to the mythical progenitor of all people - Manu. See: N.A. Krasheninnikova History of state and law of foreign countries Educational and methodological manual. - M .: Norma, 2007. Pp. 18

Another historical and legal monument of Ancient India is the Arthashastra of Kautilya (I century BC - I century AD). BC.). See: N.A. Krasheninnikova History of state and law of foreign countries Educational and methodological manual. - M .: Norma, 2007. Pp. 18

Marriage - family and hereditary relations, "the eternal dharma of husband and wife", is devoted to a large number of provisions in the shastras: in the Laws of Manu - mainly in ch. III and IX, in the Arthashastra of Kautilya - in ch. 3 - 7 kn.III. This can be explained primarily by the fact that the caste-varno-caste traditional structure of Indian society in antiquity (and to a large extent at the present time) was built on marital, caste endogamous, tribal exogamous restrictions and the requirements of hypergamous marriages, in which the husband, and not the wife, must to have a higher ritual status, because the children inherited the ritual status of their father, which influenced not only their social position, but also their position among other castes and sub-castes of a particular locality, social group to which they belonged.

The Indian family was and still is a big family, i.e. brothers, uncles, cousins ​​and nephews are closely related to each other. They all live together under one roof or in neighboring dwellings and often jointly own the real estate of the clan. The Indian family was patriarchal and patrilineal. The father was the head of the house and disposed of the common property, the dominant role was transferred through the male line.

The ancient Indian family included parents, children, grandchildren, uncles and their offspring, as well as various secondary relatives on the male side. Sometimes it also included adopted children; depending on the wealth, the family had a certain number of servants, domestic slaves and clients. The brahmin family could, in addition, take in a few students who underwent a long course of study under the guidance of the head of the house and were considered members of the family. Such a family made up a very large group, especially since in the conditions of the polygamous society of India, women marry early.

It was the family, and not the individual, that was the unit of the social system; Thus, when counting the population in a particular region, its size was determined most often by the number of families, and not by residents. Family ties were so strong that family relationships within the family often lost their distinctness; for example, a son could address any wife of his father as mother, and the distinction between sibling and cousin on the father's side was not always clearly recognized: until now, both degrees of kinship are denoted by the same word. Shraddha - a ritual of commemoration of ancestors - contributed to the unity of the family into a single whole. During the ceremony, special rice dumplings - pindas were brought to the ancestors. During sraddha, the sons, grandchildren and great-grandchildren of the deceased gathered, and it was believed that three generations of the deceased were involved in ritual offerings.

The extended family system is already becoming painful for the younger generation, but it once gave its members a sense of social security. In case of trouble, one could count on the help of relatives.

The majestic and awe-inspiring figure of the father of the family was by no means necessarily associated with the idea of ​​a petty tyrant and a despot; his power, like the power of the king, was somewhat limited by the prescriptions of the "sacred law" and custom. In some of the oldest legislative texts, the father was allowed to give, sell or exile his son (ZM:XI,69) and the legends cited confirm that all this could indeed take place, but other sources explicitly forbid such actions. The right of the father to the life of the child is not directly recognized anywhere, and in the Arthashastra the murder of a son is considered one of the most heinous crimes, and even patricide for self-defense is allowed.

As a result of unhindered natural development, a large family could grow so large that it would become uncontrollable. Therefore, the "sacred law" provides for the conditions for its division. Lawyers encouraged the separation of large families, since this created the prerequisites for an increase in the number of household rituals, the gods received more offerings and more generously endowed the country with their good deeds.

3. Childhood

The ceremony marking the birth (jatakarma) was carried out before the cutting of the umbilical cord and consisted of whispering sacred spells (mantras) into the newborn's ear, putting a mixture of honey and ghee into his mouth, and giving him a name that his parents kept secret until the rite of passage. .

The first feeding with solid food (annaprashana) was considered important. At the sixth month, the child was given meat, fish or rice mixed with cottage cheese, honey and ghee, accompanying the feeding with the reading of Vedic hymns and pouring ghee into the fire. In the third year of life, the boys, while observing various ritual actions, shaved their heads in a special manner, leaving a small tuft of hair on the crown, which the pious Brahmin was supposed to keep all his life. A special ceremony marked the moment when the child began to study literacy.

The very abundance of rituals indicates how important the child was in the life of parents. In the most ancient hymns of the Rigveda, the birth of a son is spoken of as the greatest blessing. It was considered extremely important to have at least one son: by performing the rituals associated with the funeral of his father, he thereby ensured his unhindered transition to another world. Thus, religion strongly encouraged the emergence of offspring. The deep sense of family ties that existed in India increased the desire to have sons, without whom the continuation of the family would cease.

Girls, on the contrary, did not help their parents to move to another world and did not contribute to the prolongation of the family, since, according to the orthodox tradition, after marriage, they became members of the husband's family. Besides. They had to be provided with a dowry. The father of the bride bore large expenses for his daughter's dowry, as a result of which the poor man remained in debt for life. The lack of a dowry doomed the girl to celibacy, which more than once led to suicide. Difficulties in finding a prestigious groom and the sacred obligation of the father to marry off his daughter served as the basis for the spread of marriages of minors, the recognition of valid marriages with an insane, seriously ill (leprous) man (AK. III. 2 (46-47). Therefore, the birth of girls was not very desirable But in wealthy Indian families, daughters were the subject of no less love and care than sons.

From ancient Indian literature, one gets the impression that childhood was a happy time. Sayings like: “Do not spare children the rod in smallness, they will rest you in old age” are rare or not found at all. A small child was usually spoiled, he was indulged in everything.

The full period of apprenticeship was designed for 12 years, although it was possible to stop studying, having mastered the knowledge of one Veda. Some, the most zealous, students took a lifelong vow of chastity and continued their religious education throughout their subsequent lives. However, as a rule, a young man who had reached the age of twenty returned home to join in the daily life of his varna. Having performed a ritual bath and rewarded the teacher in accordance with the means of his family, he now became snataka (literally, “washed”) and could afford all earthly pleasures, eat any food common to members of his class, wear smart clothes and jewelry that he put on at a special rite of returning home (samavartana). Usually, it was necessary for a snataka to marry as soon as possible, since, unless he took a vow of celibacy, marriage and procreation were considered his direct duty.

Marriage, consecrated by religion, is arranged to this day by the parents of the bride and groom after lengthy negotiations and the study of omens, horoscopes and auspicious physical signs. Those who marry usually belong to the same varna and caste, but if they come from the upper classes, then they belong to different gotras and pravaras (ZM: III, 13). The rules regarding degrees of kinship excluding the possibility of marriage were very strict, especially in North India, where even in a caste that did not recognize gotras, marriage was prohibited between persons who had a common ancestor on the father's side in the seventh generation or on the mother's side in the fifth.

It was believed that in an ideal marriage, the age of the bride should be a third of the age of the groom. Child marriage, practiced in wealthy families in a later period, is not mentioned at all in the sacred literature of ancient India, and it is highly doubtful that such marriages, even for girls, were common until the late Middle Ages. Ancient Indian medical sources state that the best children are born to mothers over 16 years of age, and while apparently acknowledging that child marriage sometimes took place, condemn this practice.

In ancient manuals, eight types of marriage are listed, which received their names from the names of gods and various supernatural beings (ZM. III. 21-41; AK. III. 2 (2-9).

Brahma: a girl is given out with a customary dowry for a person of the same class, according to the ritual described above.

Daiva: A householder gives his daughter to a priest as a reward for performing a sacrifice.

Arsha: no dowry is given for the bride and, on the contrary, a symbolic ransom is demanded for her in the form of a cow or a bull.

Prajapatya: A father marries his daughter without dowry and without ransom.

Gandharva: It is concluded with the consent of both parties, often without any rites, except for a verbal promise. Such a marriage was often secret.

Asura: Marriage with bride price.

Rakshasa: marriage with the kidnapping of the bride.

Paisacha: the seduction of a girl who is sleepy, insane or drunk, which can hardly be called marriage at all.

Of these eight forms, only the first four were universally recognized and considered acceptable for the Brahmins; consecrated by religion, they were regarded as indissoluble (ZM: III, 39 "In families that have arisen from four forms of marriage, starting from the first - brahma, etc., sons are born, shining with the knowledge of the Vedas, approved by learned people.") To all others forms of marriage were viewed more or less disapprovingly by pious people (ZM: III, 41). However, oddly enough, the marriage of the Gandharva, which often amounted to only a temporary connection, enjoyed recognition. There were doubts about its admissibility for the Brahmins, but it was definitely allowed for members of the warrior varna and the two lower classes. Gandharva forms the basis of many romantic stories, he also generated one of the traditional images of later poetry: the abhisarika, a virgin who secretly leaves her parents' house at night to meet her lover at the appointed place.

All sacred writings do not approve of the asura in which the bride was simply bought from her father, although the Arthashastra unconditionally recognizes this marriage. According to available evidence, along with the generally accepted form of marriage, providing for the receipt of a dowry, marriage with a ransom existed already in the Vedic era, but it was considered not as a truly Aryan custom, but only as a concession to bad human inclinations.

Rakshasa marriage, that is, through kidnapping, was especially widely practiced among warriors. Paisach marriage is unanimously condemned by all sources. The last three types of marriage are named after demons, among which pishachas were considered the most base and disgusting. According to the books of laws, paishacha is permissible only for the lowest of the lowest, but by no means for representatives of the highest varnas. Among the upper classes, marriages of the first type prevailed.

A special form of Gandharva marriage was swayamvara, i.e. "own choice." The "books of laws" indicate that if the parents do not give the daughter in marriage immediately after she reaches puberty, she has the right to choose her own husband, and, apparently, marriage of the bride's own choice did sometimes take place.

After completing the complex marriage ceremony, the householder could devote himself to the three goals of life, known from both religious and secular literature. These are: dharma, or the acquisition of religious virtues by strictly following the prescriptions of the "sacred law"; artha, or the acquisition of wealth by honest means; kama, i.e. receiving pleasures. These three goals are listed in order of importance, and in the event of a clash of opposing interests, the highest of them should have been preferred. The last two goals hardly need explanation, as for the first, it required the performance of numerous religious duties from the upper class, in particular the rites associated with birth, marriage and burial, as well as the rigorous performance of the five great sacrifices (pancha-mahayajna ).

Marriage in dharmashastra was recognized as sacred and indissoluble for women. Secondary marriages of widows were forbidden (ZM: IX.65,71). in the event of his death (ZM: IX.46). A woman who ran away from her husband's family was fined 6 pans, except in cases of ill-treatment (AC: III.4(1)).

Although the religious "books of laws" do not speak of divorce, the Arthashastra indicates that it was possible in earlier times, at least if the marriage was not consecrated by a religious ritual. In this case, divorce was allowed with the mutual consent of the parties, if they could not continue their life together (AK: III.3 (15,16)), and even without the consent of one party, if this latter could be expected to seriously endanger the life of the other spouse (AK: III.2(48)). "Arthashastra" allows divorce even after religious consecration, if the husband left his wife, and the waiting period is set from one year to 12 years, depending on the circumstances and belonging to the varna (AK: III.3 (24-37)). However, these provisions are no longer reflected in later legislation and, apparently, were completely forgotten in the time of the Guptas, when divorce for members of the upper classes became completely impossible (AC: III.3 (19)). But for many of the lower castes, divorce is still permitted by custom, as it seems to have been in antiquity.

ancient indian family marriage woman

6. Polygamy

In India, as elsewhere in the world, the common people generally practiced monogamy, although polygamy was already known in the time of the Rig Veda. Kings and tribal leaders, as a rule, had more than one wife, as did many Brahmins and the most wealthy representatives of the lower classes.

Under normal circumstances, polygamy was not much encouraged by early legislation. One of the dharmasutras even strongly forbids taking a second wife if the first one has a tolerable character and she gives birth to sons (ZM: IX.80, 81; AK: III.2 (39)). Another, later source, indicates that a polygamist cannot be a witness before a court. However, polygamous marriages are mentioned quite often, and it can be assumed that they were quite common in all sectors of society that could afford this luxury.

The husband was required to treat all wives equally, but it was difficult to enforce such a rule by law, and psychologically this was usually impossible. Tied forever to her husband's house, the first wife often suffered when she saw a happy rival. Polygamous marriages were not necessarily unhappy, and the first wife, if she had sons, could always console herself with the knowledge that she was the chief of wives and mistress of the house, entitled to the first place next to her husband during all family celebrations and rituals.

While polygamy was fairly common, its opposite, polyandry, also occasionally occurred, although in almost the whole country it was unacceptable to most people of respectable classes. “For a brother to take a brother’s wife is the greatest sin,” says one “book of laws.” “However, in other lands it also happens that the whole family marries one girl.” In the laws of Manu, traces of polyandry can be found when brothers had one wife, whose child was considered the son of all brothers (IX, 182).

If the wife turned out to be childless, a man, wishing to have a son, could take another wife without damage to his reputation, and he could do this many times, since in this case a religious duty obliged polygamy. A husband was allowed to bring a second wife into the house, if the first one has a vicious disposition, is wasteful, seriously ill, and is committed to drunkenness (ZM: IX.80, 81; AK: III.2 (39)). A wife is allowed to cheat on her husband in only one case: if he went away to distant lands and did not leave her a livelihood, “for even a virtuous wife, tormented by a lack of means of subsistence, can sin” (AK.III.4 (24-37)).

7. Status of women

According to most authoritative sources, a woman is considered an inferior being before the law. In childhood, parents are responsible for her, becoming an adult, she is in the care of her husband, remaining a widow, she falls under the supervision of her sons (ZM: IX. 3 suitable for self-sufficiency).

Most schools of ancient Indian law allowed a woman to have a small amount of personal property (stridhana) in the form of jewelry and clothing. "Arthashastra" also allows her to own money in the amount of up to 2 thousand silver pans; any amount above this limit was placed at the disposal of the husband, who in this case acted as her guardian (AK. III.2(14-15)). The husband had certain rights to his wife's property: he could sell this property in case of special need, he could not allow his wife to spend it unwisely, but in practice it was still her personal property (ZM: IX.194-197), and after the death of his wife she passed not to her husband or sons, but to her daughters. Thus, a woman had rights to property, although limited, but still greater than in many other ancient societies.

At all times, women could devote their lives to religion, although, of course, they did not have the right to perform priestly duties. Several Vedic hymns are attributed to women seers, and in the extensive Buddhist canon, nuns appear as the authors of a whole cycle of poems. In later texts, there are references to girls who occasionally attend guru talks and assimilate at least part of the Vedas. And yet, usually the participation of women in religious life and the passion for asceticism was not encouraged. The destiny of a woman was considered to be the fulfillment of the duties of a wife and mother. Nevertheless, women from the upper strata of society were, as a rule, quite educated: in any case, excerpts of poetic and dramatic works written by women have been preserved.

Women from higher castes should avoid contact with members of the opposite sex. "Arthashastra" prescribes rather severe punishments for wives who behave immodestly. A woman who, against the will of her husband, participates in entertainment and feasts, should be fined 3 panas. If she leaves home without the permission of her husband to visit another woman, she is subject to a fine of 6 pans; if she visits a man, the amount is doubled, and doubled if the visit takes place at night (AK.III.3 (20-22)). If a man and a woman make love hints to each other or secretly have a love conversation, then she is liable to a fine of 24 panas, and her partner - double the amount. If their conversation took place in a place of dubious reputation, then the fine could be replaced by a whip: "Chandala must give her five lashes on each side in the village square." Thus, the husband had the right to almost unlimited control over the behavior of his wife.

The first duty of a married woman was to serve her husband, to bring and take away what he wanted, to rub his feet if he was tired, to get up in the morning before he did, eat and go to bed after him. She must always be cheerful, skillful in household chores, having well-cleaned utensils and economical in expenses ... The wife was forbidden to leave her husband and children. She is obliged to submit completely to her husband (ZM. V. 147-164). Disobedience could result in fines or flogging in the marketplace. The wife had to follow her husband after his death (an act of self-immolation). It was allowed, although it was considered sinful, the sale of wife and children. The wife was not only the property of her husband, but a part of him. A husband could take another wife, force his wife to cohabit with another man. In the event of the death of a childless husband, the wife must, at the request of relatives, give birth to a child from her brother-in-law or from another close person (ZM: IX.53)

But according to a number of norms, a woman was by no means powerless. The proclamation of the complete dependence of women on men, side by side with the assertion that the mother exceeds the respectability of the father a thousand times (ZM: II. 145). She is the keeper of the hearth, the embodiment of the goddess of the earth. Morality calls to honor the mother, she must not be harmed, one must not quarrel with her, under the threat of a fine she must not be left, left in a helpless state. And in all sources it is stated that a woman should be treated gently, well-maintained, cared for, adorned with jewels and surrounded by luxury within reasonable limits for her husband. You should not treat her too roughly, because the gods will not accept sacrifices from one who beats his wife (ZM: III. 56-60. “That family where women, family members, are sad, quickly perishes, but one where they do not sad, always prospering.”) Consequently, the attitude of the ancient Indians towards women was very ambivalent. She was both a goddess and a slave, a saint and a harlot.

8. Position of widows

As a rule, a widow could not remarry (ZM: IX.65,71). In the Middle Ages, the upper classes adhered to this rule so strictly that it even extended to girls who were widowed in childhood, that is, never married. However, remarriage of widows was reportedly quite common in earlier times. The Arthashastra of Kautilya admits such a possibility (III.2(21)). Some less authoritative writings allow remarriage if the husband absconded, died, became an ascetic, became impotent, or was expelled from the caste, but later commentators easily refute all these permissions and express full agreement with Manu: "Another husband is nowhere prescribed for virtuous women" . Thus, remarriage, as well as many other sound customs of antiquity, gradually ceased to be practiced by the upper classes.

In those families where they adhered to the letter of the law, the fate of the widow was difficult. She was obliged to lead an ascetic life in all respects, to sleep on the ground, to eat only once a day coarse food, not using honey, meat, wine and salt, she had no right to wear jewelry and bright clothes, and also to use cosmetics. In the Middle Ages, the widow even had to shave her head. She was obliged to drag out such a life until the end of her days, in the hope of meeting again with her husband in the “next birth”. She spent her days in prayers and funeral rites and believed that the slightest deviation from this ascetic way of life could not only adversely affect her “next birth”, but also threaten the well-being of the soul of her deceased husband, who was forced to suffer in the other world because of his negligence. half here on earth.

In addition, the presence of a widow was an unfavorable sign for everyone except her children. Wherever she appeared, she made everyone feel discouraged. She was not allowed to attend family festivities, which played an important role in the life of a Hindu, because she could bring misfortune to those present. She continued to be considered a member of her husband's family and had no right to return to her parents. Her husband's parents and relatives constantly monitored her so that she did not break her vows and did not cause irreparable damage to the spirit of the deceased. Even the servants avoided her as an unfortunate omen, and the widow often eked out a truly miserable existence. Therefore, it is not surprising that women often climbed the funeral pyre of their husband (“sati”). The widespread practice of "sati" was banned by law in colonial India in 1828, but has not been completely eradicated to this day.

The origin of this custom dates back to ancient cults. Many primitive peoples buried or burned his widows, horses and valuable property along with the deceased, so that he could use in the other world everything that he loved and needed on earth. Throughout India, we find numerous stone monuments in honor of faithful wives who followed the deceased spouse into the fire. It is impossible to say that this custom was not condemned. It is rejected by the Tantric sects, which even claimed that a woman who follows her husband to the stake goes straight to hell. However, some medieval authors emphatically proclaim that by committing the act of self-immolation, the wife atones for her own sins and the sins of her husband, and both will receive 35 million years of heavenly bliss. The self-immolation of a widow was theoretically always considered voluntary, but, judging by the later era, the pressure of public opinion and relatives turned it into a direct duty for women from the higher castes, especially for those who belonged to the warrior varna.

The widow, as we have seen, only burdened her husband's family, since the slightest misstep in her behavior threatened the well-being of the soul of the deceased. In polygamous families, the position of the widow was even worse. Therefore, the widow herself, if she did not have small children, often preferred an agonizing death to the hateful, hungry existence of a despised domestic slave, which gave her hope for union with her husband.

9. Legacy

Family property was considered common, but it was managed by the head of the family. Ancient Indian law knew only inheritance by law. After the death of the parents, the property was either divided between the sons, or remained with the eldest son, who became the guardian of the younger brothers who remained in the house (AK.III.5 (2)). The eldest son did not receive a special advantage in the division of the inheritance, except sometimes in the form of a small increase, amounting to 1/20 of an equal share (LM: Art. 156, Ch. 8). The division of property was carried out only among adults. Daughters were excluded from inheritance, but brothers were obliged to give them a dowry in the amount of? from the total share.

The division of property was carried out not only after the death of the head of the family. It also occurred in those cases when the father moved away from the world and became a hermit, and according to the legislation of Mitakshara (one of the leading schools of family law) - sometimes even against his will, by agreement between the sons, if the father was old, terminally ill , indulged in vices or could no longer manage the family property at all. Each son, like the biblical prodigal son, could claim his share and leave the family, although this was frowned upon.

The Shastras generally excluded women from the list of heirs to family property. However, article 217 of chapter 9 of the Laws of Manu states: “A mother is supposed to receive the inheritance of a childless son; in the event of the death of the mother, let the mother of the father receive the property. The special property of women (stridhana) after her death could be inherited by all children, including daughters.

The Shastras affirmed the inequality of the hereditary rights of children born from wives of different varnas. Thus, the son of a Shudryan woman and a twice-born did not receive an inheritance, except for what his father gave him (ZM: IX,155). It should be noted that the rules for inheriting the property of a deceased sudra were less strict, allowing, for example, even a son born of a slave to be inherited if he was recognized as his father (ZM: IX.179).

The common family property did not include the personal property of individual family members: at least since the Middle Ages, personal acquisitions, gifts and other similar things were considered as belonging to their owner. However, this situation seems to have developed relatively late. Disinherited persons could only count on assistance in subsistence from the heirs.

Conclusion

In a traditional society, as a rule, one can see most often the patriarchal type of family. In addition, the main functions of the family in a traditional society, in addition to the reproduction of the population, are economic, household and social status. The institution of marriage is one of the main channels of social mobility in a traditional society. Since most marriages in traditional society are arranged (and statistics show that such marriages are stronger than love marriages), and divorce is usually condemned by society or unacceptable in principle, the family-marriage institution in traditional society is a stable entity. Depending on the economic situation in the region, one or the type of marriage prevails: monogamy or polygamy. Some remnants of the old system are still alive today. And if polygamy is quite common, and the attitude towards this is quite normal, then traces of polyandry can be found only in Tibet and in some parts of India, where one woman marries several brothers. Marriage was mainly seen as a form of economic transaction in which everything was thought out and determined in advance, and even representatives of the upper strata of society could not afford to deviate from existing customs.

At all times, married women and married men have been given more respect than single ones. In almost all traditional societies, there was a tradition to support widows, the brother of the deceased husband had to marry the widow. However, if widows were left without support, they were even more powerless than before marriage.

The institution of the family, as can be seen, performs very significant functions in the life of society. Differences in the forms of marriage in different countries are primarily due to the socio-economic situation in these regions, as well as the peculiarities of religion and cultural and historical traditions.

Mankind seeks to streamline its life, normalize interpersonal relationships in order to create order out of chaos and maintain stability. So family and marriage relations are determined and normalized, with the help of religion, morality, public opinion. The era changed the era, the culture changed, the worldview and value orientations changed. Together with them, the relationship between husband and wife, the position of a woman, the attitude of parents to children, and children to parents, also changed. The family hierarchy from a strictly vertical position gradually assumed a horizontal position.

List of used literature:

1. Basham A.L. The Miracle That Was India Translated from English; N., Main editorial office oriental literature "Science", 1997-616 p. (pp. 167-172, 178-187, 192-200).

2. Bongard-Levin B.M. Ancient India. History and culture. - St. Petersburg: Aleteyya, 2003. - 288s. (p.155-157).

3. Krasheninnikova N.A. History of the Law of the East: A Course of Lectures. - M.: Publishing House of the Russian Open University, 1994. - 172p. (p.26-28).

4. Krasheninnikova N.A. History of the state and law of foreign countries: studies.-methodical. Allowance.-M.: Norma, 2008.-320s. (p.18,30-32)

5. Krasheninnikova N.A. Reader on the history of the state and law of foreign countries: in 2 volumes. T.1: The Ancient World and the Middle Ages.- M.: Norma., 2005.-816 p. (p.78-82,98-101,102-103,118-124).

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Ancient India is characterized by a large patriarchal family. The head of the family is the husband. The woman was completely dependent on her husband and sons. Marriage was a property transaction, as a result of which the husband bought his wife and she became his property.

Marriage and family and hereditary relations - "the eternal dharmas of husband and wife" - are devoted to a number of chapters in the shastras, in the Laws of Manu, mainly chapters III, IX, in Art. - chapters 3-7 of book III.

All the prescriptions "on the dharma of husband and wife" testify to the humiliated, subordinate position of women in ancient Indian society, in large, unshakable patriarchal families-clans that have survived here in an unshakable form, in which the head of the family had enormous, almost unlimited power. In the sphere of family relations, the influence of sociocultural traditions and customary law was most clearly manifested. This is evidenced by the indication of eight contradictory forms of marriage, which were common in India and which the shastras could not ignore. The first four, encouraged by the Brahmins, boiled down mainly to the marriage of a daughter "endowed with jewels" (with a certain dowry) by the father. Such, for example, is the form called "brahma" (Laws of Manu, III, 27), which, together with the three subsequent ones ("daiva", "arsha", "prajapatya"), is opposed to the marriage of "asura" - the purchase of a bride, recognized, but condemned along with marriages for love, without the consent of the father and mother ("pandharva"), with the kidnapping of the bride ("rakshasa") and violence against her ("paishacha"). All these forms resulted in the purchase of a bride, a future worker in the family. It is no coincidence that in the shastras the first four forms of marriage were prescribed for brahmins and kshatriyas, vaishyas and sudras were prescribed a marriage union with the ransom of the bride. A marriage with the kidnapping of the bride, apparently ending in the same ransom, which is in direct conflict with its other forms, is a clear relic of primitive society.

There were many such contradictions caused by the inclusion of archaic customary law in the shastras. The proclamation, for example, of the day and night dependence of a woman on men (father - in childhood, husband - in youth, son - in old age) (Laws of Manu, IX, 2,3), was adjacent to the assertion that the mother exceeds the respectability of the father a thousand times (Laws of Manu, II, 145). In the Laws of Manu, traces of polyandry can be found, when the brothers had one wife, whose child was considered the son of all the brothers (IX, 182).

The main purpose of a woman was considered the birth and upbringing of children, especially sons, on whom the obligation fell to perform funeral rites for deceased ancestors. Offspring, like cattle, was recognized as the main type of wealth. Because of this, the mother's husband was considered the legal father of the child, regardless of who he was in fact. A woman in this case was equated with domestic animals, slaves, whose offspring belonged to the owner (Laws of Manu, IX, 52 - 55). It was also allowed, although it was considered a sin, the sale of wife and children (Laws of Manu, XI, 69). The sale of sons did not entail, as a rule, their conversion into slaves. Sons donated and sold in extreme circumstances (probably to childless families) received all the rights of direct relatives in new families. The wife was considered not only the property of her husband, she was, as it were, part of him. It is no coincidence that even a sold wife was not freed from her husband (Laws of Manu, IX, 46), and the right to her, in the view of the ancient Indian, was also reserved for the deceased husband. Traditional attitudes that survived the centuries also underlay the prohibition of remarriages of widows (Laws of Manu, IX, 64) and the custom of widows self-immolating at the burial of their husband ("sati").

In the event of the death of a childless husband, the wife, at the request of his relatives, had to give birth to a son from a brother-in-law or another close person (Laws of Manu, IX, 57-65), although this archaic norm of customary law was also only allowed, but not encouraged and was called in the Laws of Manu dharma , "peculiar to animals" (IX, 66). Polygamy of men was not encouraged either. But the husband could bring another wife into the house, if the first one was not distinguished by virtue, was committed to drunkenness, was malicious or wasteful (Laws of Manu, IX, 80).

A wife's duty is to obey and respect her husband. "If the wife does not give birth to children, another wife can be taken in the eighth year, if she gives birth to dead children - in the tenth, if she gives birth only to girls - in the eleventh, but if she speaks rudely - immediately" - written in the Laws of Manu (IX, 81). A fine for a woman who behaved indecently could be replaced by flogging in the marketplace. This punishment was aggravated by the fact that the woman was to be flogged by a chandal (untouchable) (Art., III, 3, (27 - 28).

The conditions of marriage did not prohibit (3M, IX, 88), but rather encouraged the marriage of minors, although Art. (III, 3(1) set the age of marriageable age at 12 for women and 16 for men.

In full accordance with the principles of Hinduism, divorce was forbidden by the dharmashastras, but Art. was allowed if the spouses hated each other or as a result of the cruel treatment of one with the other (III, 3 (15-17). Art., contrary to the prohibitions of the dharmashastras, allowed the remarriage of widows. Shastras, as a rule, excluded women from the list of heirs of family property, as well as outcasts, sick, crippled, feeble-minded, etc., asserted the inequality of the inheritance rights of children born from wives of different varnas. , besides what his father gave him (Laws of Manu, IX, 155).

It should be noted that the rules for inheriting the property of a deceased shudra were less strict, allowing, for example, even a son born of a slave to be inherited if he was recognized as his father (Laws of Manu, IX, 179) Laws of Manu. Source Internet resource. Access mode: http://www.philosophy.ru. Disinherited persons could only count on assistance in subsistence from the heirs.

Wedding traditions in any country are the most interesting and colorful. India is one of the few countries in which the original wedding customs that came from ancient times have been preserved.

I would like to point out right away that Indian marriage is different from marriage in other countries . In our understanding, marriage is a joint decision of the bride and groom, and in India, the decision to marry is completely taken by the groom's parents.

They look for a worthy bride for their son, negotiate with her parents, and if consent is obtained, a wedding date is set.

No one asks the bride's consent, nothing depends on her decision, you can marry a complete stranger. Indian marriage is often referred to as an "arranged marriage".

Indian attitude towards the sacrament of marriage

A wedding in India is not only a union of two hearts, but also a union of two souls. Hindus believe that the wedding ceremony connects souls for seven subsequent lives. Divorce and remarriage are rare for Indian women.

Great importance is attached to the chastity of the bride, no one marries a girl devoid of chastity. People who entered into an unchaste marriage immediately become outcasts of society.

After the wedding, the families of the young are connected by inextricable bonds - now they are one family.

Features of an Indian wedding

The wedding date is not set until horoscopes are drawn up for the bride and groom at the initiative of the parents. Only if the stars show compatibility and a good union, then they begin to seriously talk about the wedding.

On the eve of the wedding, two meetings are organized for the newlyweds - one at the bride's house and the other at the groom's house. During the meeting, parents and relatives give gifts to the young, and the young also prepare gifts for each other.

The bride does not go anywhere two days before the wedding, and her house is decorated with garlands of flowers, multi-colored light bulbs and foil.

The wedding is played at the expense of the bride's parents. Only dairy-vegetarian dishes are served on the table. The consumption of meat, fish and eggs is prohibited. Up to 800 guests are invited to the wedding.

Young people choose and buy outfits for each other. The bride's wedding sari should be in shades of red, black and white are prohibited. The bride's hair is styled in a braid with fragrant oils, decorated with flower garlands and jewelry.

wedding ceremony

On the day of the wedding, young people are strictly forbidden to eat until the beginning of the wedding ceremony. The wedding is played in the evening at the bride's house, the groom must arrive on horseback, he is met only by men: the bride's father and uncle. On the groom's way to the house, a woman should not be caught.

Having met the groom at the gate, he is led to his future wife, and they exchange garlands of flowers - this means a wedding.

After dinner, the future spouses are led to a small temple - “lead”. A fire burns in the center of the temple. The ends of the clothes of the bride and groom are tied to each other - so they must go around the fire as many as seven times. This means affection for each other and a strong union. Now they are husband and wife.

Then the spouses return to the bride's house, where the young are put to sleep in different rooms. The young spouse is left to spend the night in one room, the wife remains in her bedroom. Early in the morning, a young wife in a wedding dress will come to her husband's house; she can return to her parental home only a month later as a guest.

At first glance, it may seem that the Indian wedding ceremony and wedding traditions are far from modern views. But one must pay tribute to the Indian people for such centuries-old respect and reverence for the traditions of their ancestors.

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The wedding is the most important of all Indian sanskaras (rites of the life cycle) and is considered the beginning and center of all domestic sacrifices. Every man, under normal conditions, should marry and lead the life of a householder. Marriage is also a religious obligation for every person. A man who does not marry is despised.

Eight ways of marriage were recognized: brahma, daiva, arsha, prajapatya, asura, gandharva, rakshasa and paisacha.

These eight forms of marriage are divided into two groups: approved and disapproved, however, interpretations of what was approved and what was not could differ.

Brahma. Brahma was considered the most laudable form of marriage. It was called so because it was appropriate for the Brahmins. Under this form, the father gave the girl away, giving as much adornment as he could to a man of character and learning, whom he himself invited of his own free will and received with honor, taking nothing in return. Such a marriage brought the most spiritual merit to the girl's father.

Daiwa. The next form was daiva marriage. According to this form, the father gave the girl with jewelry to the priest who performs the sacrifice, in fact, as a dakshina payment for the sacrifice. Probably, this custom is connected with the developed polygamy. This form existed mainly among the three higher varnas. People considered it commendable to give their daughters in marriage to a priest. This form of marriage was considered inferior to brahma, since the girl's father took into account the services rendered by the groom, while under the brahma form, marriage was pure gift.

Arsha. According to this form, the father of the bride received a pair (or two pairs) of cows from the groom for the sacrifice. This gift was not the price of the bride, but to some extent it was a compensation for the gift and was intended exclusively for sacrifice. Manu says: “If the relatives do not appropriate the reward for someone, it is not a sale. This is only a sign of respect and goodwill towards the girl. This form of marriage was common mainly in priestly families.

Prajapatya. Then comes the prajapatya form of marriage. According to her, the father gave his daughter to the groom, realizing that together they would perform their civil and religious duties. The very name prajapatya indicates that the couple enter into a solemn union to free themselves from their Prajapati debts, that is, for the sake of having children. According to the Indian point of view, it is lower than the first three forms, since here the gift is not free, but subject to certain conditions. However, this form is approved. She demanded a free society, she needed adult partners who could understand the meaning of the obligations assumed.

Asura. Manu says: "The giving of a daughter, when the groom gives property to relatives and the bride, as much as he can, and voluntarily, is called a form of asura marriage." The main reason for this type of marriage was money. In practice, in asura marriage, the bride was sold for a high price. Such a marriage does not bring spiritual merit to the girl's father, and therefore is categorically not approved. Manu says: "A prudent father should not take even the smallest reward for his daughter, for a person who takes a reward out of greed is a seller of offspring." Selling a daughter was considered a serious sin: “Those who are blinded by greed, who give their daughters in marriage for money, sell themselves and commit a great sin. They go to hell." But despite the prohibition, this custom continued to exist.

Gandharva. The next way of marriage was the Gandharva. Manu gives this definition: "The voluntary union of the girl and the groom, lustful, arising from desire, is called gandharva." With this form, the issue of marriage was decided not by the girl's parents, but by the bride and groom themselves. There are frequent examples of Gandharva marriage in the epic. It was more common among the Kshatriyas than in any other varna, as they enjoyed the most freedom in society. According to some authorities, this form of marriage was even commendable. In the Mahabharata, Kanva, the adoptive father of Shakuntala, says: "The marriage of a desiring woman to a desiring man, even without religious ceremonies, is the best marriage." Over time, the Gandharva marriage gradually disappeared. In the vast majority of cases, marriages began to be decided by elders.

Rakshasa. According to Manu, "The taking away of a girl by force while she screams and cries, accompanied by the killing of her relatives, is called Rakshasa marriage." Apparently, this method prevailed among the ancient warlike peoples, when captured women were considered spoils of war. At the time we are interested in, the abduction of a girl against her will ceased to be practiced, and in most cases the girl was taken away with her consent, although against the will of her parents. Marriage-abduction was preserved only among the Kshatriyas. In the Mahabharata, Bhishma calls her the best for the varna of rulers, and he really stole wives for the prince Kuru (Vichitravirya). This custom existed for a long time, although in most cases the consent of the kidnapped woman was obtained.

Paishacha. The most condemned method was paisacha, "when a man secretly takes possession of a girl who is sleeping, unconscious or intoxicated."

The Importance of Performing Religious Ceremonies. Whatever the form of marriage, religious ceremonies were needed to make the marriage valid. Some authorities declare: "If a maiden has been taken by force and there has been no solemn marriage with religious rites, she may properly be given in marriage to another, since in this case she remains a maiden as before." "In the forms of marriage from the Gandharva to the Paisacha, the wedding rites must again be performed by the fire." Religious ceremonies must be performed in any form of marriage: “It should not be assumed that in the condemned forms of marriage, starting from the Gandharva, there is no relationship of husband and wife due to the absence of marriage ceremonies, including seven steps, because, although they are not performed before cohabitation, after that they are bound to happen." It is not so important how the couple was connected, but if they were connected, then the bonds had to be consecrated.

Intermarriages. It was considered best to marry within the same varna. Intervarna marriages were allowed, though not encouraged. Representatives of the higher varnas were not recommended to marry a Shudryan woman, but this rule was not strict either. However, all texts forbid the marriage of a lower caste man to a higher caste girl.

In Indian literature, one can find many examples of intervarna marriages; they are often not condemned in the epic. But the status of a child from a mixed marriage was not strictly defined. Most often, a child from a marriage corresponding to the order of the varnas belonged to the varna of the father, but there were exceptions. In the event of a violation of the order of varnas, that is, if the wife belonged to a higher varna than her husband, the children from such a marriage were considered lower than even the father.

Marriage age. Numerous sources testify that the custom of child marriages is late, having developed only in the Middle Ages. In ancient times, the bride and groom were adults, able to make choices and give consent to marriage. It was assumed that the groom had a house where his wife could be mistress. In the marriage ritual, at almost every step, the formula was repeated, showing that they could already be parents. Women could arrange their own marriages. The Rig Veda and Atharva Veda contain numerous actions and spells to attract the love of a man and a woman. The prevalence of such forms of marriage as gandharva and prajapatya also indicates the conscious choice of adults.

It was possible, although not approved, the remarriage of a woman, both a widow and a woman who had left her husband for some reason. A strict ban on remarriage also appeared only in the Middle Ages.

Marriage

The training lasted twelve years. When the young man was in his early twenties, he had to complete his studies and return to his father's house in order to lead a normal life, typical of his class. Parting with the teacher, he gave him a gift, the value of which depended on the level of wealth of his family. At the end of the training, the student underwent a ritual of sacred ablution, after which he received the right to wear ordinary clothes, jewelry and eat food that was allowed to be taken by representatives of his estate. Now he had to start a family as soon as possible and thus fulfill the religious requirements. By creating a family, he himself moved to a new stage of his life, becoming the head of the family, he helped his father to move to a new stage of life, who could do this only after the appearance of his grandchildren, and got the opportunity to enjoy an intimate life. These, according to the prescriptions, were the three main tasks of entering into marriage.

For parents, the marriage of their son presented many problems. It was necessary to carefully draw up horoscopes and check the pedigree, since it was not allowed to marry between relatives: on the father's side in seven generations, and on the mother's side in five (although these provisions were not always observed in the southern regions of India). Ideally, the age of the bride should be 1/3 of the age of the groom.

The groom had to be at least 20 years old. According to the medical views of the time, the healthiest children were born to mothers over 16 years old, but marriages between children also took place in ancient India; they became common practice in the Middle Ages.

The marriage ceremony today differs little from the one described in the Rig Veda. All expenses were borne by the bride's parents, they were also obliged to give a dowry for their daughter. The wedding was and is very expensive and was accompanied by numerous complex rituals. The richly dressed groom, accompanied by relatives and friends, came to the bride's house, where he received from the hands of her father a drink of milk and honey. There was a special room in the courtyard of the house, where the bride and groom entered from different directions and sat opposite each other on opposite sides of the curtain. The Brahmin priest would recite sacred texts and move the curtain, after which the bride and groom could see each other, often for the first time. After that, the bride's father officially handed over his daughter to the groom, and he promised to treat her in accordance with the three basic rules that the prescriptions required: strive for piety and integrity; strive for wealth and prosperity; strive for joy and pleasure. After that, a dish prepared from refined oil and rice was poured onto the sacred fire, the groom took the bride by the right hand and tied one of the folds of her clothes to his. Then they stood on the millstone and took seven steps together along it, and at each step the bride had to step on a hill of rice, which was specially prepared for this. After sprinkling the consecrated water, the ceremony was considered completed. In different places, the details of the ceremony might not coincide, but the sacred texts that were pronounced during the ceremony were obligatory everywhere.

After the end of the main part of the ceremony, the bride and groom went to the groom's house, where they made a sacrifice over the fire of the hearth. In the evening, the two of them looked at the North Star, which was considered a symbol of fidelity. During the first three nights they spent together, they had no intimacy. On the fourth night, the groom performed a ceremony with a request for a happy and full of joy in an intimate life, after which the wedding was considered completed.

Judging by the duration of the wedding and the numerous sacred texts and chants that were supposed to sound during the ceremony, marriage in ancient Indian society was given great attention, and it was considered an extremely important event, according to the existing rules and regulations. However, the ceremony described was not the only one that met at that time in ancient India. The wedding could take place without any ceremony. In this case, it was considered equally valid. There were eight types of weddings in total. Four of them were treated with recognition and respect even by the Brahmins. The first type of marriage is described above. The second type of wedding was that the father gave his daughter to the priest as payment, at least in part, for the performance of the sacrifice. In the third type of wedding, the entire dowry consisted only of a cow or a bull. At the fourth type of wedding, there was no dowry. To the next four types of marriage, at least, the official attitude of the priests was unfavorable. These were: a marriage by mutual agreement, in which there was no ceremony, but only the marriage was proclaimed; wedding by buying a bride; a wedding by kidnapping and a wedding, if it can be called that, following the deprivation of a girl's innocence in a state of sleep, in a state of intoxication, or in the case when a girl suffering from a mental disorder took place.

Consensual marriage (gandharva) was often temporary and short-lived, but was not considered especially reprehensible. There are many romantic stories about such marriages in Indian literature. The last three types of marriage were given the names of demons, emphasizing that the conclusion of such marriages was the result of the action of dark forces within a person. The most recent of them (after taking possession of a girl in a state of alcoholic intoxication) was considered the most reprehensible even in groups that were at the very bottom of the social hierarchy. However, the very recognition of the existence of such forms of marriage indicated that the Brahmins, who compiled the codes of laws and regulations, did not soar in the sky. It was also prescribed to consecrate the last four types of marriage with a religious ceremony. There was another type of marriage, reminiscent of Gandharva, rather, one of its varieties. He allowed a girl married in an unconventional way to choose a groom upon reaching puberty. Such marriages can be found mentioned in Indian epics.

After the completion of the marriage ceremony, a new stage began in the life of a man - he became the head of the family. Now he had to devote himself to the three main goals of life, as promised to the father of the bride. As for the achievement of wealth and the pursuit of pleasure, this does not need special comments. However, in order to achieve integrity, in accordance with the requirements of the Sacred Law, a number of rituals had to be performed. In addition to the rituals that accompanied birth, marriage and death, it was necessary to perform sacrificial labor - to observe the "five great sacrifices" (panchmahayajna). They included: retribution to Brahman or the World Spirit, which was done through the recitation of the relevant Vedas; commemoration of ancestors through libation and spraying of consecrated water; retribution to the gods by pouring purified oil on the sacred fire; a prayer addressed to all living beings, accompanied by scattering food for animals, birds and spirits on the threshold of the house, as well as a prayer for the health of all people and hospitality. According to orthodox religious prescriptions, these rites were to be performed three times a day - at dawn, at noon and at sunset.