The above is clearly an addition of a very late writer, who, either
through want of knowledge of sacred scriptures or through the fact that the history of the
custom was entirely forgotten owing to lapse of time, has created a myth to explain the
origin of the custom of Niyoga and has inserted it in the treatise of Manu to give it
authority. 70 Some centuries between the treatise of Manu and the composition of this myth
must be allowed to account for the creation and development of this myth.
We have elsewhere in Manu the following, which contradicts the above
remarks regarding Niyoga. At her pleasure let her emaciate her body by living on
pure flowers, roots and fruits; but she must never even mention the name of another man
after her husband bas died'. 71 A virtuous wife who after the death of her husband
constantly remains chaste, reaches heaven, though she has no son, even as do virtuous
men. (Brahma chari). 72
'But a woman who, from a desire to have offspring, violates her duty
towards her deceased husband, brings on herself disgrace in this world and loses her place
with her husband in heaven. 73
There was a custom where a childless widow was allowed to live with her
brother- in-law or a member of the family and have a son so that he could not only
continue the line but also offer funeral oblations for the benefit of the deceased. In
this case it was believed that the son so born belonged to the deceased.
It was considered to be legal. It was sanctioned by the Vedic Texts,
where the widow is allowed to marry her brother- in-law. Apastamba raised the earliest
protest against this custom. This custom was common to the Indo-European family. There was
a law among ancient Israelites and other tribes and races, known as Levirate according to
which a woman, whose husband died without issue, was married to the husbands
brother.