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IF under any other excuse than danger, a woman gets out of her husband's house, she shall be fined 6 panas. If she gets out against the order (of her husband) to the contrary, she shall be fined 12 panas. If she goes beyond her neighbouring house (prativesagrihatigatáyah), she shall be fined 6 panas. If she allows into her house her neighbour, takes into her house the alms of any mendicant, or the merchandise of any merchant, she shall be fined 12 panas. If she deals as above though expressly forbidden, she shall be punished with the first amercement. If she goes out beyond the surrounding houses (parigrihátigatáyam), she shall be fined 24 panas. If under any other excuse than danger, she takes into her house the wife of another man, she shall be fined 100 panas. But she will not be guilty if the entrance is effected without her knowledge or against her orders to the contrary.

My teacher says:--With a view to avoid danger, it is no offence for women to go to any male person who is a kinsman of her husband, or is a rich and prosperous gentleman (sukhávastha), or is the head-man of the village or is one of her guardians (anvádhikula), or who belongs to the family of a mendicant woman, or to any one of her own kinsmen.

But Kautilya questions:--How is it possible for good women (sádhvíjana) to know at least this fact that the family of her own kinsmen consisting of a number of males is good? It is no offence for women to go to the houses of kinsmen under the circumstances of death, disease, calamities, and confinement of women. Whoever prevents her going under such circumstances, shall be fined 12 panas. If a woman conceals herself under such circumstances, she shall forfeit her endowment. If her kinsmen conceal her (with a view to exempt her from giving her aid under such circumstances), they shall lose the balance of sulka, money due to them from her husband for giving her in marriage. Thus vagrancy is dealt with.

(Elopement or Criminal Rendezvous.)

If leaving her husband's house, a woman goes to another village, she shall not only pay a fine of 12 panas, but also forfeit her endowment and jewels (sthápyábharanalopascha). If under any other excuse than receiving her subsistence or pilgrimage (bharmádánatirthagamanábhyámanyatra), a woman goes to any other place even in company with an associable man, she shall not only pay a fine of 24 panas, but also lose all kinds of social privileges (sarvadharmalopascha). But the man who allows such a woman to accompany him in his journey shall be punished with the first amercement. If both of them (man, and woman) have similar ideals in life (tulyasreyasoh) and are of sinful life (pápiyasoh), each of them shall be punished with the middle-most amercement. If he whom a woman accompanies in her journey is her near relative, he shall not be punished. If a relative allows a woman to accompany him, though he is forbidden, he shall be punished with half the above fine (middlemost amercement). If on a road, or in the middle of a forest, or in any other concealed places a woman falls into the company of any other man, or if, with a view to enjoyment, she accompanies a suspicious or forbidden man, she shall be guilty of elopement (sangrahanam vidyát). It is no offence for women to fall into the company of actors, players, singers, fishermen, hunters, herdsmen, vintners, or persons of any other kind who usually travel with their women. If a man takes a woman with him on his journey, though forbidden to do so, or if a woman accompanies a man though she is forbidden to do so, half of the above fines shall be meted out to them. Thus elopement is dealt with.

(Re-marriage of women.)

Wives who belong to Súdra, Vaisya, Kshatriya or Bráhman caste, and who have not given birth to children should wait as long as a year for their husbands who have gone abroad for a short time; but if they are such as have given birth to children, they should wait for their absent husbands for more than a year. If they are provided with maintenance, they should wait for twice the period of time just mentioned. If they are not so provided with, their well-to-do gnátis should maintain them either for four or eight years. Then the gnátis should leave them to marry after taking what had been presented to them on the occasion of their marriages. If the husband is a Bráhman, studying abroad, his wife who has no issue should wait for him for ten years; but if she has given birth to children, she should wait for twelve years. If the husband is of Kshatriya caste, his wife should wait for him till her death; but even if she bears children to a savarna husband, (i.e., a second husband belonging to the same gotra as that of the former husband) with a view to avoid the extinction of her race, she shall not be liable to contempt thereof (savarnatascha prajátá ná pavádam labheta). If the wife of an absent husband lacks maintenance and is deserted by well-to-do gnátis, she may remarry one whom she likes and who is in a position to maintain her and relieve her misery.

A young wife (kumárí) who is wedded in accordance with the customs of the first four kinds of marriage (dharmaviváhát), and whose husband has gone abroad and is heard of shall wait for him for the period of seven menses (saptatirthányákánksheta), provided she has not publicly announced his name; but she shall wait for him a year in case of her having announced the name of her absent husband who is heard of. In the case of a husband who is gone abroad but who is not heard of, his wife shall wait for the period of five menses, but if the absent husband is not heard of, his wife shall wait for him for the period of ten menses. In the case of a husband who is gone abroad and is not heard of, his wife shall, if she has received only a part of sulka from him, wait for him for the period of three menses; but if he is heard of, she shall wait for him for the period of seven menses. A young wife who has received the whole amount of sulka shall wait for the period of five menses for her absent husband who is not heard of; but if he is heard of, she shall wait for him for the period of ten menses. Then with the permission of judges (dharma-sthairvisrishtá), she may marry one whom she likes; for neglect of intercourse with wife after her monthly ablution is, in the opinion of Kautilya, a violation of one's duty (tirthoparodho hi dharmavadha iti Kautilyah).

In the case of husbands who have long gone abroad (dirgrhapravásinah), who have become ascetics, or who have been dead, their wives, having no issue, shall wait for them for the period of seven menses; but if they have given birth to children, they shall wait for a year. Then (each of these women) may marry the brother of her husband. If there are a number of brothers to her lost husband, she shall marry such a one of them as is next in age to her former husband, or as is virtuous and is capable of protecting her, or one who is the youngest and unmarried. If there are no brothers to her lost husband, she may marry one who belongs to the same gotra as her husband's or relative. But if there are many such persons as can be selected in marriage, she shall choose one who is a nearer relation of her lost husband.

 If a woman violates the above rule by remarrying one who is not a kinsman (dáyáda) of her husband, then the woman and the man who remarry each other, those that have given her in remarriage and those who have given their consent to it shall all be liable to the punishment for elopement.

[Thus ends Chapter IV, “Vagrancy; Elopement; and Short and Long Sojournments,” in the section “Concerning Marriage” in Book III, “Concerning Law” of the Arthasástra of Kautilya. End of the Section “Concerning Marriage”. End of the sixty-first chapter from the beginning.]