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History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v2.c19.155

History of Dharmaśāstra (Ancient and Mediaeval Religious and Civil Law in India) v2.c19.155

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v2.c19.155

Yājñavalkya (I. 96)¹⁵³ speaks of two kinds of *jātyutkarṣa* or *jātyapakarṣa* viz. one due to marriage (as in Manu and Gautama) and another due to the avocation followed. 'It should be understood that there is rise in caste in the 7th or even in the 5th generation; if there is inversion as to the avocations, then there is corresponding similarity (of varṇa in the 7th or even 5th generation).' This is elaborated by the Mitākṣarā as follows:—If a brāhmaṇa marries a śūdra woman and a daughter is born she is a niṣādī; if this latter marries a brāhmaṇa and a daughter is born and she in turn marries a brāhmaṇa and this goes on for six generations, then the child of the 6th girl (in descent) becomes a brāhmaṇa (he being 7th in descent); similarly if a brāhmaṇa marries a vaiśya woman and a girl is born, she is an ambaṣṭha; if the latter marries a brāhmaṇa and a daughter is born and this goes on in the same way, then the fifth girl in descent has a child (from a brāhmaṇa husband) which is the 6th in descent from the original anuloma marriage and which then becomes a brāhmaṇa. If a brāhmaṇa marries a kṣatriya woman and a daughter is born who is called mūrdhāvasiktā (Yāj. I. 91) and she marries a brāhmaṇa, then the fourth in descent marrying a brāhmaṇa has a child (5th in descent), then that child becomes a brāhmaṇa. Similarly, if a kṣatriya married a śūdra female and a daughter was born, she was called ugra, then jātyutkarṣa by marrying a higher male took place in the 6th generation. If a kṣatriya married a vaiśya woman, the daughter born was a māhiṣyā and jātyutkarṣa took place in the 5th generation. If a vaiśya married a śūdra woman, the daughter of the marriage is a karaṇī and if she marries a vaiśya, then in the fifth generation there would be jātyutkarṣa. Certain peculiar avocations and activities are prescribed for the four varṇas. Each varṇa may in times of difficulty follow the occupation peculiar to the caste immediately below it, but should not follow the avocations peculiar to the higher varṇas;¹⁵⁴ he must however revert to his proper avocation when the difficulty is over (vide Vasiṣṭha II. 13-23, Viṣṇu Dh. S. II. 15, Yāj. I. 118-120, Gautama X. 1-7 &c.). If a brāhmaṇa begins to follow the avocations peculiar to a śūdra and has a son, who does the same and this goes on continuously for seven generations, the 7th becomes a śūdra (by caste). If a brāhmaṇa begins to follow the avocations peculiar to a vaiśya or a kṣatriya then in the 5th or 6th generation respectively there is fall in caste (i. e. the 5th or 6th becomes respectively a vaiśya or kṣatriya). Similarly if a kṣatriya follows the avocation of a vaiśya or śūdra and this goes on continuously, then the 5th or 6th (respectively) becomes a śūdra or vaiśya. Similarly if a vaiśya takes to the work peculiar to śūdras, then the fifth generation becomes śūdra.

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