History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v2.c15.24

v2.c15.24

*Niyoga.* Great divergence of views about the origin and purpose of this practice. Stringent conditions were laid down by smṛtikāras before niyoga could be resorted to. Breach of the conditions severely condemned and made punishable. Some even very ancient writers on dharma did not allow this practice. The Mahābhārata is full of examples of niyoga. Some writers held that texts permitting niyoga applied to śūdras or to girls who were only promised in marriage to a person but not actually married to him (as he died in the meantime). Three views upon the question ‘to whom the child born of niyoga belonged.’ Niyoga forbidden in the Kali age by Bṛhaspati and other smṛti writers.