History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.t1.83

v4.c63.t1.83

Besides the *aurasa*, eleven or twelve kinds of subsidiary sons are mentioned by most ancient smṛti writers. Āp. Dh. S. does not recognize any son except the *aurasa*. Āp. quotes certain verses which express the view of an ancient sage called Aupajanghani and which are also quoted by the Baud. Dh. S. according to which the aurasa was to be recognized as the only son (vide H. of Dh. Vol. II. p. 602 n. 1417 for the quotation) Āp. II. 5. 13. 10 emphasizes that there can be no real gift or sale of one's child (*dānam krayadharmaścāpatyasya na vidyate*). But Āp. Dh. S. clearly shows that it knew that kṣetraja sons were raised and forbids that practice. In II. 6. 13. 1–5¹²²⁷ it states, ‘sons begotten by a man, who approaches in the proper season a woman of equal caste that has not belonged to another man (as wife) and that has been married to him according to the śāstras, have the privilege to follow the occupations (peculiar to their castes) and to inherit property; if a man has sexual intercourse with a woman who had been married before to another or was not married legally to him or belongs to a different caste, they both incur sin and through that (i. e. their sinfulness) the son also becomes sinful’. In II. 10. 27. 2–6 Āp. condemns the practice of *niyoga* ‘a husband (or his elders) shall not appoint a wife who occupies the position of a *sagotra* to others (who are not sagotra), for they declare that a bride is given to the family (of the husband and not to the husband alone). This (practice of appointment) is forbidden (now) on account of the weakness of (men's) senses. The hand of even a sagotra is (deemed in law to be) that of a stranger, as well as that of any other person (except the husband). If the marriage vow is violated, both (husband and wife) go to Hell.’ Gaut. 28. 30–31, Baud. Dh. S. II. 2. 14–37, Vas. 17. 12–38, Arthaśāstra III. 7, Śaṅkha-Likhita (q. by V. R. p. 547), Hārīta (q. by V. R. p. 549), Manu IX. 158–160, Yāj. II. 128–132, Nār. (dāyabhāga 45–46), Kāt. (q. by V. Nir. pp. 434–435), Bṛ. (S. B. E. vol. 33 pp. 375–376 verses 33–35, 39–41), Devala (q. by Haradatta on Gaut. 28. 32, Dāyabhāga X. 7–8 p. 147, V. R. p. 550), Viṣṇu Dh. S. 15. 1–30, Mahābhārata (Ādiparva 120. 31–34), Brahma-purāṇa (q. by Aparārka p. 737), Yama (q. by V. R. p. 147 and D. C. pp. 80–81) enumerate the several sons in different sequences and sometimes under different names also. Taking the order in the Manusmṛti as the basis, the following table will, it is hoped, convey some idea about their number, rank and importance.