History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v1.c6.s14.29.5

v1.c6.s14.29.5

One of these is the question as to whom the child belongs, to the begetter or to him on whose wife it is begotten. Kauṭilya first quotes the view of the ācāryas that it belongs to the husband of the mother of the child, then says that some hold that it belongs to the begetter, while Kauṭilya holds that it belongs to both.¹⁷⁷ It is to be noted here that both Baud. and Āp. say that according to the Brāhmaṇas the sons belong to the begetter, while Vasiṣṭha says there is a dispute on the point, both views being supported by ancient authorities. Gautama speaks of both views and at last (18. 23 "dvayorvā") seems to come to the same conclusion as Kauṭilya. It is not unlikely that Kauṭilya has in mind this discussion in the Dharmasūtras and also in Manu (9. 48-54 where the view is that the child belongs to the husband of the woman). Some of the other views attributed to ācāryas are that a woman could visit the houses of her husband's relations, of prosperous men, of village headmen, of female ascetics &c. (III. 4); that very poor men could divide even waterpots at a partition (III. 5); that the master who did not employ a servant ready to work according to agreement had to pay the wages agreed upon as if the work had been finished (compare Viṣṇu V. 157); he who forcibly confined a man or woman or who by force released another from imprisonment was to be fined between 500 and 1000 (III. 17);