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).

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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

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