PHILOSOPHY OF HINDUISM 27
III. 13. “A Shudra woman only must be the wife of Shudra: she and a Vaisya, of a Vaisya; they two and a Kshatriya, of a Kshatriya; those two and a Brahmani of a Brahman.”
Manu is of course opposed to intermarriage. His injunction is for each class to marry within his class. But he does recognize marriage outside the defined class. Here again he is particularly careful not to allow intermarriage to do harm to his principle of inequality among classes. Like Slavery he permits intermarriage but not in the inverse order. A Brahmin when marrying outside his class may marry any woman from any of the classes below him. A Kshatriya is free to marry a woman from the two classes next below him namely the Vaishya and Shudra but must not marry a woman from the Brahmin class which is above him. A Vaishya is free to marry a woman from the Shudra Class which is next below him. But he cannot marry a woman from the Brahmin and the Kshatriya Class which are above him.
Why this discrimination ? The only answer is that Manu was most anxious to preserve the rule of inequality which was his guiding principle.
Take Rule of Law. Rule of Law is generally understood to mean equality before law. Let any one interested to know what Manu has to say on the point ponder over the following Rules extracted from his code which for easy understanding I have arranged under distinct headings.
As to witnesses. —According to Manu they are to be sworn as follows:—
VIII. 87. “In the forenoon let the judge, being purified, severally call on the twice-born, being purified also, to declare the truth, in the presence of some image, a symbol of the divinity and of Brahmens, while the witnesses turn their faces either to the north or to the east.”
VIII. 88. “To a Brahman he must begin with saying, ‘Declare’; to a Kshatriya, with saying, ‘Declare the truth’; to a Vaisya, with comparing perjury to the crime of stealing kine, grain or gold; to a Sudra, with comparing it in some or all of the following sentences, to every crime that men can commit.”
VIII. 113. “Let the judge cause a priest to swear by his veracity; a soldier, by his horse, or elephant, and his weapons; a merchant, by his kine, grain, and gold; a mechanic or servile man, by imprecating on his own head, if he speak falsely, all possible crimes;”