History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v2.c26.121.1

v2.c26.121.1

The rules about prohibition of marriage on the ground of sapiṇḍa relationship, particularly where cognates (persons connected through females) were concerned, have not been observed in numerous instances over wide areas from very ancient times. One striking illustration is the question whether a man can marry his maternal uncle's or his paternal aunt's daughter, particularly the former. On this point opinion has been sharply divided from ancient times. Āp. Dh. S. I. 7. 21. 8 includes among *patanīya* actions (mortal sins) sexual intercourse with the uterine relations (mothers and sisters) of one's parents and their children. This would prohibit marriage with one's maternal uncle's or paternal aunt's daughter. Baud. Dh. S. I.¹⁰⁸⁰ 1. 19-26 notes that there were five practices peculiar to the south viz. eating in the company of one whose upanayana has not been performed, to eat in the company of one's wife, to eat stale food, to marry the daughter of the maternal uncle or of a paternal aunt and there were five practices peculiar to the north. Then he proceeds to state the argument that those who follow the practices mentioned by him in countries other than those where they prevail incur sin, that Gautama (XI. 20) holds this last argument to be wrong and then Baud. states his own view that one should pay no heed to either set of practices, as both are opposed to smṛtis and the views of śiṣṭas.