[Pramāṇa](https://indike.org/pramana/) › [Studies](https://indike.org/pramana/ins) › [Polity, law and society](https://indike.org/pramana/ins.polity) › [History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India)](https://indike.org/pramana/ins.polity.kane-1930) › v2.c19.114.2 # History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v2.c19.114.2 History of Dharmaśāstra (Ancient and Mediaeval Religious and Civil Law in India) v2.c19.114.2 - **Language:** English ### [v2.c19.114.2](https://indike.org/pramana/ins.polity.kane-1930.v2.c19.114.2) even when a pratiloma caste springs from a brāhmaṇa woman and a kṣatriya or vaiśya male they cannot have upanayana and other rites of \*dvijas\* performed for them, though both parents are \*dvijas\*). Kauṭilya¹²⁴ (III. 7) also says that all pratilomas except caṇḍālas are like śūdras; Viṣṇu says that they are condemned by all Āryas. Devala¹²⁵ (quoted by Parāśara-mādhavīya I. 2. p. 122) says that pratilomas are outside the pale of the system of varṇas and are \*patita\*. The Smṛtyarthasāra p. 13 says that anuloma sons and those born of the mūrdhāvasikta and other anuloma castes are \*dvijātis\* and are entitled to saṁskāras as \*dvijātis\*. Commentators like Kullūka (on Manu X. 11) say that, as no marriage is legally possible between a woman of a higher varṇa and a male of a lower varṇa, all the pratilomas are born outside lawful wedlock. Gautama (IV. 20) says that all pratilomas are \*dharmahīna\*, which is interpreted by the Mit. on Yāj. III. 262 as meaning that they cannot have upanayana and similar saṁskāras of \*dvijas\* performed for them, though they are amenable to the rules of morality and entitled to perform vratas and prāyaścittas. Vasiṣṭha, Baudhāyana and several others do not make it clear whether, when they speak of \*pratilomas\*, they contemplate offspring of legal marriages or only of illegitimate and adulterous unions. - [Previous: v2.c19.114.1](https://indike.org/pramana/ins.polity.kane-1930.v2.c19.114.1) - [Next: v2.c19.114.3](https://indike.org/pramana/ins.polity.kane-1930.v2.c19.114.3) - [Up: v2.c19.114](https://indike.org/pramana/ins.polity.kane-1930.v2.c19.114) --- Source: [https://indike.org/pramana/ins.polity.kane-1930.v2.c19.114.2](https://indike.org/pramana/ins.polity.kane-1930.v2.c19.114.2) · Pramāṇa