The Position of Women in Hindu Civilisation, from Prehistoric Times to the Present Day c10.s1.8

c10.s1.8

Under the system of Niyoga if a woman's husband was dead or incapable of procreating children, she was allowed to have conjugal relations with her brother-in-law or some other near relation till she got some children. The brother-in-law of the woman was regarded as the most eligible person for this duty. In modern times we find that a brother is often very anxious to give his son in adoption to his widowed sister-in-law; for if the latter were to adopt a stranger, an undesirable person was likely to be introduced as a claimant to the family property. To prevent a similar complication, it was felt that the appointment of a widow for the purpose of Niyoga should be primarily with her brother-in-law. If it was made with a stranger, it was apprehended that he may exercise a great influence over the son born from him, and eventually manage to get the child's share in the family virtually transferred to himself. Probably such cases had happened in society; for it has been expressly laid down that property considerations should never be a motive for Niyoga¹. If the appointment was with the brother-in-law of the widow, there was likely to be as much affection between the sons born of Niyoga and other coparceners of the rising generation, as normally exists among brothers and cousins. Of course the appointment must have naturally aroused uneasiness and resentment in the mind of the first wife of the brother-in-law; but her feelings did not count for much at the time we are talking of. It was further regarded as most important that the son by Niyoga should resemble the real son as much as possible. He would have the maximum amount of the blood of the family running in his veins, only if the appointment of the widow for Niyoga was made with her husband’s brother. If the appointment was with a stranger, the son would have only half the blood of the family in his veins.