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Women In The Sacred Laws
Kulapati's Preface The Author
Foreword Prologue
The Dharma Sutras Contemporary Evidence
The Manu - Samhita The Later Law-Books
Digest On Hindu Law Espirit Des Lois
Major Sections

THE COMMENTARIES AND DIGESTS ON HINDU

Vasishtha places her third in the list of heirs. According to the second interpretation Putrika is a daughter who has been given in marriage by her father with the explicit condition that her son shall be his. It has been pointed out in the last chapter that even some of the later law-givers refer to the view that a Putrika belongs to her father's family even after her marriage ; for her son has to offer funeral oblations in the Gotra of her father only.

The reference found in the Rig-Veda is to the same effect. Sayana charya, while explaining the passage according to the meaning traditionally handed down, records the same. Yaska, in explaining the passage, states that a Putrika belongs to her father's family even after her marriage. Prof. Jolly gives, in an interesting passage, the evidence obtained in support of the prevalence of the custom in Kasmir even in very recent times.

The Rajatarangini Mentions cases where the only daughter was installed as a son, where even her name was changed into that of a boy, signifying the adoption. 'When reading the Rajatarangini, the well - known history of Kasmir, with a Kasmirian, he was told by the latter, that a certain Brahmana, still living in Srinagar at the time, had changed the name of his only child, a daughter, into the corresponding masculine form, in order to obtain through her the same religious advantages, as if she had been a son.

The historical instance of the same practice in the Rajatarangini, by which the pundit's, narrative of Princess Kalyanadevi of Ganda, whose name was converted by her royal father into the male form Kalyanamalla, makes it certain that the custom of substituting by means of a peculiar legal fiction female issue for male, where the latter was wanting, is of considerable antiquity in some parts of India'. 28

These references clearly point to a time when the, status of a son was given to an only daughter, and later that right was transferred to her son, as it became difficult to get such daughters married. The absolute necessity of getting a son for the welfare of the next world barred such unions; for by such a marriage the children belonged to the family of their mother.

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Women In The Sacred Laws
About The Commentaries And Digests On Hindu
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