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Women In The Sacred Laws
Major Sections

THE DHARMA SUTRAS

Baudhayana does not adopt a harsh attitude towards windows. He admits the system of Niyoga as a legal institution and does not refer to it as a peculiar custom, as the later lawgivers have described it, 57 and he thus says, ‘A widow shall avoid during a year the use of honey, meat, spirituous liquor, and salt, and sleep on the ground‘. 58 He then refers to an earlier law giver, whose book is lost to us, and says, ‘Maudgalya declares that she shall do so during six months. After the expiry of that time she may, with the permission of her gurus, bear a son to her brother-in-law, in case she has no son.’

But a barren woman, one who has borne sons, one who is past child bearing, one whose children are all dead, and one who is unwilling, 59 are not allowed to come under this rule as the spirit of this practice will not be fulfilled by them.Baudhayana allows re-marriage of women and the sons of such re-married women were recognized as legal heirs.

'He is called the son of a twice married woman (Paunarbhava) who is born of a re-married female’. 60 Baudhayana like Gautama permits intercaste marriage, and the sons of such marriages were legal heirs to the property of their father. 

‘If there are some born of different wives of different castes, they should make ten portions of the ancestral property and take four shares, three, two and one according to the order of the castes’ 61 The above shows that though monogamy was the general usage, polygamy was not debarred.  But what follows contradicts the above statement regarding property, and shows that in Baudhayana's time caste did not play an important role, in society.

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About The Dharma Sutras
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