History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v2.c28.s1.1.2

v2.c28.s1.1.2

Kumārilabhaṭṭa in his Tantravārtika cuts this Gordian knot by putting forward three explanations, one of which boldly asserts that there were many Draupadīs very similar to each other and so the epic figuratively speaks of one Draupadī only.¹²⁸⁶ There were really five Draupadīs (and not one) married separately to the five Pāṇḍavas. In the Dharmaśāstra works there are traces of the knowledge of the practice of polyandry. Āp. Dh. S. (II. 10. 27. 2-4) refers to it 'One shall not make over (his wife) to strangers (for a son by *niyoga*), but only to one who is a sagotra; for they declare that a bride is given to the family (of brothers and not to one brother alone); that (*niyoga*) is forbidden on account of the weakness of men's senses.' Similarly Bṛhaspati, while illustrating the proposition that the king should not disturb popular usages even though they may be improper, cites several such practices among which he mentions 'In some other countries there is the most reprehensible practice of a brother taking (as wife) the widow of his deceased brother, and the practice of delivering a maiden to a family; similarly among the Pārasīkas (Persians) matches with a mother are seen'.¹²⁸⁷ Dr. Jolly is wrong in thinking that Bṛhaspati refers to polyandry as practised in the south.