Manava Dharmashastra 3.5.4

3.5.4

dvijātigrahaṇamupalakṣaṇārtham | śūdrasyāpi ā saptamātpitṛtaḥ pañcamānmātṛta ityasti | dārakaraṇaṃ dārakriyā dārakarma | tatra praśastā praśaṃsayā vihitetyarthaḥ | amaithunī | mithune bhavā maithunī, na maithunī amaithunī | pituriti saṃbadhyate, pitṛbījādevotpannā jātamātrā | niyogo vihitastata utpannāyā nāsti pūrvoktaviśeṣaṇairniṣedhaḥ | ataḥ pṛthaṅniṣidhyate amaithunīti | tato niyogotpannā kāmato na vivāhyā, maithunītvāt | anye tu amaithune iti paṭhanti | dharmārthe dārakarmaṇi praśastā, na maithune | stutiśceyaṃ na pratiṣedhaḥ | īdṛśī voḍhā sā satyapi maithune dharmārthaiva bhavati |

‘Who is not born of (unlawful) intercourse,’ i.e., who is born directly from her lawful father. ‘Niyoga’ (begetting of offspring by the widow) having been permitted, the girl who would be born under that form would not be excluded by the foregoing qualifications; hence she is separately excluded by the term ‘who its not born of unlawful intercourse;’ which means that one should not voluntarily marry a girl born, of ‘Niyoga,’ because she is born of unlawful intercourse.

Others read ‘Amaithune’ (for ‘Amaithunī), and explain it to mean that the girl described has been recommended as an associate at religions functions, and not for sexual intercourse.

And such a prohibition would be by way of eulogy; the sense being—‘if one marries a girl with these qualifications, she fulfills his religious functions, even though there be no sexual intercourse.’

‘Recommended’—enjoined with commendation.