49. Marīci

Volume I: Part I pp. 521–522

... pp. Quoted on āhnika, āśauca, śrāddha and vyavahāra by Mitāk- ṣarā, Aparārka and Smṛticandrikā - recommends writing as essential for sale, mortgage, gift and partition of immovables.

— Synopsis by P.V. Kane, from History of Dharmaśāstra

49. Marīci

49. Marici The name Marici is very ancient. In Manusmṛti II. 34-35 Marici is mentioned first among the ten Prajāpatiṣ This sage is relied upon as an authority by the Mit., Aparārka, Smṛticandrikā on Āhnika, Āśauca, Śrāddha, Prāyaścitta and Vyavahāra. Aparārka quotes several verses on tarpana, one of which speaks of Sunday.618 Marici disallows bathing in the rivers in the months of Śrāvaṇa and Bhādra-pada.619 Marici made a very near approach to the modern conceptions underlying the Transfer of Property Act. Completeness is not attained without writing in the transactions of sale, mortgage, partition and gift of immoveable property.620 If a buyer purchases a chattel before a row of merchants and to the knowledge of the king's officers and in broad daylight, he is free from blame and gets back his money ( if the thing turns out to be another's property ), while if the price ( paid by a buyer for a chattel ) cannot be recovered ( from the vendor who sells without title ) owing to the vendor's address being not known, the loss should be apportioned between the buyer and the original owner of the chattel.621 Marici divides adhi into four varieties bhogya, gopya, pratyaya, ājñādhi.

Prose passage of Marici is ‘Kanyānām prāk-cūḍākaraṇāt sadyaḥ śaucam | Prāgdānād-ekāhaḥ | Dattānām prāk–pariṇa-yanāt–tryahaṁ | Aparārka p. 938.

It is to be noted that Aparārka (p. 908) quotes a prose passage of Marici on āśauca.