Niyog and Nari Part 1 Niyoga (Sanskrit: नियोग) is an ancient Hindu tradition, in which a woman (whose husband is either incapable of fatherhood or has died without having a child) would request and appoint a person for helping her bear a child. MEANS INJUNCTION
n any case, to answer you question, the main place in Hindu scripture where the rules of Niyoga are described is in this chapter of the Manu Smriti: On failure of issue (by her husband) a woman who has been authorised, may obtain, (in the) proper (manner prescribed), the desired offspring by (cohabitation with) a brother-in-law or (with some other) Sapinda (of the husband). He (who is) appointed to (cohabit with) the widow shall (approach her) at night anointed with clarified butter and silent, (and) beget one son, by no means a second. Some (sages), versed in the law, considering the purpose of the appointment not to have been attained by those two (on the birth of the first), think that a second (son) may be lawfully procreated on (such) women. But when the purpose of the appointment to (cohabit with) the widow bas been attained in accordance with the law, those two shall behave towards each other like a father and a daughter-in-law. If those two (being thus) appointed deviate from the rule and act from carnal desire, they will both become outcasts, (as men) who defile the bed of a daughter-in-law or of a Guru. By twice-born men a widow must not be appointed to (cohabit with) any other (than her husband); for they who appoint (her) to another (man), will violate the eternal law. In the sacred texts which refer to marriage the appointment (of widows) is nowhere mentioned, nor is the re-marriage of widows prescribed in the rules concerning marriage. This practice which is reprehended by the learned of the twice-born castes as fit for cattle is said (to have occurred) even among men, while Vena ruled. That chief of royal sages who formerly possessed the whole world, caused a confusion of the castes (varna), his intellect being destroyed by lust. Since that (time) the virtuous censure that (man) who in his folly appoints a woman, whose husband died, to (bear) children (to another man). A practice prevalent in ancient times which permitted a childless widow to have intercourse with the brother or any near kinsman of her deceased husband to raise up issue to him, the son so born being called क्षेत्रज (kṣetraja); cf. Manusmṛti 9.59.:-देवराद्वा सपिण्डाद्वा स्त्रिया सम्यङ् नियुक्तया । प्रजे- प्सिताधिगन्तव्या सन्तानस्य परिक्षये (devarādvā sapiṇḍādvā striyā samyaṅ niyuktayā | praje- psitādhigantavyā santānasya parikṣaye) ||; see 6, 65 also. (Vyāsa begot pāṇḍu and dhṛtarāṣṭra on the widows of vicitravīrya in this way). ------------------------------------------------------------------------ YAGNAVALKYA SMRITHI by Kalita Nabanita Hinduism Dharmashastra Chapter 3.6b - The practice of Niyoga Chapter 3 - The Social Aspect Depicted in the Vyavahārādhyāya Niyoga is an age-old social practice, which has become obsolete in modern age. This practice of ancient Hindu Law resembles the Levirate of the Jewish Law. The writers of the Dharmaśāstras are not unanimous about the fact, whether it is to be allowed or not. Manu censures niyoga vehemently and calls it a beastly practice (paśudharma). He declares that niyoga cannot take place in case of widow of a twice-born and is said to be in vogue only in the reign of king Veṇa nānyasminvidhavā nārī niyoktavyā dvijātibhiḥ anyasinhi niyuñjānā dharmaṃ hanyuḥ sanātanam// ayaṃ dvijairvidvadbhiḥ paśudharmo vigarhitaḥ// manuṣyāṇāmapi prokto vene rājyaṃ praśāsati// Manusmṛti, 9.64-68 However, immediately before prohibiting this practice, he lays down all the process to be observed in niyoga. Further, the Manusmṛti declares the process niyoga, with a comparison of the woman to field, husband to owner of field, the person, who is allowed to procreate child with another’s wife to owner of seed, and the child begotten in such union to crop. Thereby, it propounds the rule of niyoga that in presence of a special contract between the owner of the field and the owner of the seed, both are considered sharers of the crops, otherwise the owner of field receives the crops. He expressly permits niyoga in particular case of a bride, whose future husband dies before marriage. yasyā mriyeta kanyā yā vācā satye kṛte patiḥ// tāmanena vidhānena nijo vindeta devaraḥ// Ibid., 9.69 Moreover, Manu gives the rule of partition concerning the son born as a result of niyoga.Considering the above-mentioned account, Julius Jolly is of the opinion that Manu’s view regarding niyoga is contradictory. Robert Lingat holds that though Manu condemns niyoga and such other practices yet he might have confronted with the customs for prohibition to be efficacious. However, the reconciliation of this provision, may suggest its acceptance for the widows of the Śūdras, excluding three upper castes. The practice of niyoga does not seem to be referred in terms of disapproval by Yājñavalkya. In fact, the texts of the Vyavahārādhyāya suggest that the son born of such a practice occupies a good position. Yājñavalkya declares that a son begotten by a sonless person on the soil of another man through legal appointment is lawful heir and can offer funeral cakes for both. aputreṇa parakṣetre niyogotpāditaḥ sutaḥ/ ubhayorapyasau rikthī piṇḍadātā ca dharmataḥ// Yājñavalkyasmṛti, 2.127 Thus, the practice of niyoga is legally recognised by Yājñavalkya. It is described under the Ācārādhyāya in the following words-in case of a younger brother of the husband, in his absence a sapiṇḍa, in his absence a sagotra, with the permission of elders, having his body rubbed with clarified butter, cohabits with a sonless woman in seasons, till she conceives, then the son born by this procedure is known as Kṣetraja. He who does not act according to the procedure will be condemned. It is already shown in the table furnished in this chapter, displaying the places of different kinds of son that in the Yājñavalkyasmṛti, the Kṣetraja son is placed in third rank after the Aurasa and Putrikāputra. The legal affiliation to such son is also distinct when the author states that the sons born of legally wedded marriage or through the process of niyoga, being free from defect, are entitled to inherit the property of their father, who cannot inherit due to some defects. aurasāḥ kṣetrajāstveṣāṃ nirdoṣā bhāgahāriṇaḥ/ Ibid., 2.141 Thus, it appears that during the time of the Yājñavalkyasmṛti, niyoga is favoured in the society, as the text gives legal sanction to a son born of such practice, which may have occurred with changing times and prevailing customs. ------------------------------------------------------------- Niyoga (inviting a widow to remarry) Chapter 5 - Cultural history in the Matsya-Purāṇa When it comes to society and marriage, it remains incomplete without talking about a particular issue, that is Niyoga . The practice of inviting a widow to remarry or have children was called Niyoga . However, this method was not considered sacred by everyone. For example, even though sage Gautama recognized it, but according to Āpastamba, it was completely forbidden. Almost the entire part of the Mahābhārata is filled by this Niyoga method. There were several rules for this Niyoga. For example– (1) The person whose wife will be Niyoga , whether he is dead or alive, must be childless, (2) The family guru will decide who will be appointed for the Niyoga , (3) The person to be appointed should be the husband’s brother or his clan, caste and pravara should be equal, (4) This method should be done out of a sense of duty, not if it is a desired object, (5) The person to be appointed must be anointed with ghee (Butter) or oil, not by words, kisses or playing tricks, (6) This relationship will last only until one or two children are born, (7) The widow must be young and healthy enough, (8) After birth, the widow and the appointed person will consider each other as father-in-law and daughter-in-law. In the Mahābhārata , Satyavati hire her stepson Bhīṣma to niyoga after the death of her own son Vicitravīrya but Bhīṣma refuses. Then Satyavati’s pre-marital son Kṛṣṇa Dvaipāyana Vedavyāsa was invited for Niyoga with the two widows of Vicitravīrya. From whom were born Dhṛtarāṣṭra and Pāndu and from a maid Vidura. There are also several examples of Niyoga in the MatsyaPurāṇa . (I) verse 46 and 47 of the fiftieth chapter of Matsya Purāṇa contain the story of the birth of Dhṛtarāṣṭra, Pāndu and Vidura from the wive of Vicitravīrya. (II) Mahārāja Bāli’s wife Sudeṣṇāand sage Dīrghatamā’s Niyoga resulted as Bali’s five Kṣetraja sons named–Anga, Vanga, Suhya, Pundra and Kaliṅga.[1] (III) King Pāndu also had five Kṣetraja sons. From Dharmarāja, Kunti gave birth Yudhiṣṭhira, from Vāyu, Bhīma, and from Indra, Arjuna. From Aśvinīkumar’s, Mādrī gave birth to two sons Nakula and Sahadeva. The five were called Devadatta as they were born from Deva (Gods).[2] The study of social structure is very important in the study of society and culture. Social structure refers to the system with which the order of the whole part of society is related so that the elements of social life are connected together. These relationships are built one after the other. They can also be called a sequence of various complications. So the social structure is nothing more than a complete coordinator of social relations (Radcliffe brown A.R., Structure and function in primitive society, Ch. X pp 188ff). The study of social structure enables one to know how the various units of society who have direct or indirect contact with each other interact with each other in social life. Matsya Purāṇa–Chapter 48/24, 25 Matsya Purāṇa–Chapter 50/48, 49, 50 End of part 1 KR IRS 14724 15724 xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx -- You received this message because you are subscribed to the Google Groups "Thatha_Patty" group. To unsubscribe from this group and stop receiving emails from it, send an email to [email protected]. To view this discussion on the web visit https://groups.google.com/d/msgid/thatha_patty/CAL5XZoqAGpGRzDgaOwZTiiexWaDdPPNijC2D9yY%2BJQvMxXvSCQ%40mail.gmail.com.
