History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v2.c30.18

v2.c30.18

The Viṣṇu Dh. S. (15.3) contains an innovation which is not found in the sūtras of Gautama and Vasiṣṭha viz. the '*kṣetraja* is one¹⁴¹⁹ who is procreated on an appointed wife or widow by a sapiṇḍa of the husband or by a brāhmaṇa.' The Mahābhārata is replete with cases of niyoga. Ādiparva (95 and 103) narrates how Satyavatī pressed Bhīṣma to procreate sons for his younger brother Vicitravīrya (who was dead) from his queens and how (Ādi. 105) when Bhīṣma refused Vyāsa ultimately was appointed by Vyāsa's mother Satyavatī and procreated Dhṛtarāṣṭra and Pāṇḍu. Kumārilabhaṭṭa¹⁴²⁰ replies to the objector finding fault with Vyāsa by saying that Vyāsa followed Gaut. (18. 4-5) and the urgent request of his mother and besides his *tapas* saved him from the effects of violation of dharma. Pāṇḍu himself is said to have asked Kuntī to procreate sons for him by niyoga from a brāhmaṇa endowed with great tapas (Ādi. 120) and tells her certain stories of *niyoga* (Ādi. 120-123) and winds up by saying that three sons is ¹⁴²¹ the limit and that if a fourth or a fifth were procreated the woman would be *svairiṇī* (a wanton woman) and bandhakī (harlot). Ādiparva (chap. 64 and 104) states that when Paraśurāma tried to exterminate the kṣatriyas thousands of kṣatriya widows approached brāhmaṇas for the procreation of sons.¹⁴²² Vide Ādiparva, chap. 104 and 177, Anuśāsana, chap. 44. 52-53, Śānti 72. 12 for other references and examples of niyoga.¹⁴²³