Apastamba allows only legitimate sons to inherit their
father’s estate and he explicitly forbids the sale and gift of
children. 76
Baudhayana has no scruple in prescribing the custom of Niyoga for
childless widows, in order that they may get sons for offering the
funeral oblations for the spirits of their dead husbands. In fact it
was considered as a religious duty. Apastamba protests against this
time ‘honoured custom. Baudhayana, as well as his predecessor
Gautama, permits the Paisacha marriage, which Apastamba does not.
The evidence of more refined and conservative opinions
and the attempt to controvert the doctrines of Baudhayana show that
Apastamba is later than Baudhayana, and they reflect the corresponding
change in society and view of life Mahadeva, the commentator on the
Dharma Sutra of Apastamba, places Bharadvaja between them, and it is
probable that the distance of time between these authors was filled by
a set of law givers who con tented themselves with explaining the
works of their predecessors.
These works are lost to us, but some of their views
have been referred to by Apastamba and Baudhayana in the course of
their treatises.Apastamba date has been considered to be not later
than the third century B.C. 77
Apastamba begins with initiation, in the course of which he forbids
intercaste marriage, which implies the prior existence of such a
system. He prescribes initiation for all the castes, except the
Sutras, and forbids marriage with those who have not been initiated. 78
‘ Inter course, eating and inter marriage with them should be
avoided ‘.79
As in home life marriage formed the beginning and
centre, so in social life initiation formed the second birth of a man
and it was given pre-eminence over even the natural birth; and hence a
man who was allowed to be initiated came to be termed ‘dvija’,
‘one who has two births’. a name which came, in later times, to be
applied exclusively to the Brahmins.