History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v2.c30.3

v2.c30.3

Great divergence of views prevails about the origin and purpose of this practice. It will be best first to begin by examining the most ancient smṛtis that permitted this practice. Gaut.¹⁴⁰⁷ 18. 4-14 have great bearing on this point. Gaut. 18. 4-8 are: ‘a woman whose husband is dead and who desires offspring may secure a son from her brother-in-law. She should obtain the permission of the elders¹⁴⁰⁸ and have intercourse only during the menstrual period (excluding the first four days). She may obtain a son from a sapiṇḍa, a sagotra, a sapravara or one who belongs to the same caste (when there is no brother-in-law). Some (hold that this practice is allowed) with nobody except a brother-in-law. She shall not bear more than two sons (by this practice)’. Gaut. 18. 11 says that a child begotten at the request of a living husband on his wife belongs to the husband. Gaut. (28. 32) says that such a son is called *kṣetraja*. The wife is called *kṣetra*¹⁴⁰⁹ (field), the husband of the wife or widow is called *kṣetrin* or *kṣetrika* (to whom the wife or widow belongs) and the person appointed to produce offspring is called *bījin* (one who sows the seed) or *niyogin* (Vas. 17. 64, one who is appointed).