History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.t1.87

v4.c63.t1.87

Viṣṇu Dh. S. (15. 27) mentions 'yatra-kvacanotpādita' (procreated anywhere) as the 12th and last. The com. Vaijayantī explains it in two ways: (1) procreated by a person on a woman, regardless of whether she is his own or another's wife or whether she is of the same caste or not, whether she is married or unmarried, whether her marriage has been consummated or not; (2) the son of a man from a śūdra woman not married to him. Even in the last sense he cannot be called *śaudra* (whom Manu IX. 178 and Yāj. I. 91 define as the son of a śūdra *wife* from a brāhmaṇa). Hārīta as quoted in the V. R. p. 549 mentions a son called 'sahasā dṛṣṭa' (seen by chance), who seems to be probably the same as kṛtrima. The śaudra is omitted by several writers (even ancient ones) like Gautama, Kauṭilya and Hārīta. Manu speaks of only twelve sons (IX. 158) and does not enumerate the putrikāputra among them, though he speaks of the putrikā (IX. 127 and 134 and elsewhere) as equal to the son. It is therefore that Br. (S. B. E. 33 p. 375 verse 33) states that of the thirteen sons mentioned in succession by Manu the legitimate son of the body (*aurasa*) and the *putrikā* (the daughter appointed as a son) continue the family. Vas. 17. 12 emphatically declares (*dvādaśa ityeva putrāḥ purāṇadṛṣṭāḥ*) that only twelve sons have been noticed by the ancient (sages) and it is no doubt true that most writers generally enumerate twelve. A smṛti text quoted by Haradatta 'on Gautama and by the Dattaka-mīmāṁsā mentions 15 kinds of sons. Vide note below ¹²²⁹. The number is arrived at by counting the putrikā (daughter appointed as a son) and the putrikāputra (the son of the appointed daughter) as two, dividing the kṣetraja into two viz. as the son of the begetter (*bījin*) and as the son of the wife (i. e. of the husband of the wife) and the son produced anywhere (as mentioned by Viṣṇu Dh. S.) is 15th and the last. The Parāśarasmṛti (IV. 23-24) mentions, besides Kuṇḍa and Golaka, only five kinds of sons.