Women In The Sacred Laws
Major Sections

THE DHARMA SUTRAS

Baudhayana admits all these sons into the strata of society, though he disallows some of them to inherit the property on the strength of the declaration of his predecessor, Aupagandhani, according to whom some of these rejected sons are admitted into the house as members of the family. This treatise is lost to us.

‘They declare the legitimate son, the son of an appointed daughter, the son begotten of a wife, the adopted son and the son made, the son born clandestinely and the son cast off (to be entitled) to share the inheritance ‘.66 They declare the son of an unmarried damsel, and the son received with the bride, the son bought, likewise the son of a twice-married female, the son self  given and the Nishada, to be members of the family '.67

‘Aupagandhani (declares that) the first among them alone is entitled to inherit, and is a member of his father’s family’.68 The declaration of Aupagandhani is rather ambiguous if his text alone is to be considered, then it may mean either the first son or the first set of sons. The last part of the translation that is not in the text itself, and if that passage---' is entitled to inherit and is a member of his father’s family,’ is taken away, there is nothing to bar the application of the text to the first set of sons.

This might be more probable ; for from the evidence of the contemporary writers and the later law-givers it can not be presumed that such a revolutionary change as to admit only the first kind of son and discard the rest came into society until very late ; for the law-givers up to Yajnavalkya, and even some later ones, mention and admit into society all the thirteen kinds of sons mentioned by Baudhayana.

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