History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v2.c26.98

v2.c26.98

The next restriction that the girl to be married must not be a sapiṇḍa of the bride-groom has now to be considered. Sapiṇḍa relationship is of special importance in three matters, viz. marriage, inheritance and āśauca ¹⁰⁶⁹ (impurity on birth and death). The prohibition against marriage with a sapiṇḍa girl applies to all varṇas including the śūdra ¹⁰⁷⁰. There are two schools about the meaning of sapiṇḍa, one represented by the Mitākṣarā and the other by Jīmūtavāhana (author of the Dāyabhāga). Both are agreed that a sapiṇḍa girl cannot be married, but they differ as to the meaning of the word. We shall first understand one interpretation of sapiṇḍa. The *locus classicus* is the commentary of Vijñāneśvara on Yāj. I. 52-53 a substantial portion of which is translated here: " 'asapiṇḍām' (in Yāj. I. 52) means a woman who is not a sapiṇḍa and sapiṇḍa means one who has the same piṇḍa i. e. body (or particles of the body). Sapiṇḍa relationship (between two persons) arises from (their) being connected by having particles of the same body. Thus, the son has sapiṇḍa relationship with his father by reason of the (fact that) particles of the father's body continue in him (the son). Similarly (there is sapiṇḍa relationship) with the paternal grandfather and the like (of the grandson and the like) because through his (the grandson's) father particles of the body of the grandfather continue in (or are connected with) him (the grandson). Similarly (the son has sapiṇḍa relationship) with his mother because particles of the mother's body continue in him. Thus (a person has sapiṇḍa relationship) with his mother's father through his mother; so (one has sapiṇḍatā) with one's mother's sister or mother's brother also by reason of the connection with (or continuity of) particles of the same body (viz. the body of the maternal grandfather). So also (a person has sapiṇḍatā) with the paternal uncle, the paternal aunt and the like. Similarly the wife has sapiṇḍa relationship with the husband because she produces (with the husband) one body (viz. their son).¹⁰⁷¹ In the same way brother's wives (are sapiṇḍas) of each other, because they produce one body (viz. their respective sons) with their respective husbands who are produced from one body (viz. their husbands' father). In this manner wherever the word sapiṇḍa occurs, there one has to understand connection with (or continuity of)