History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.t2.478.6

v4.c63.t2.478.6

With the greatest respect to the Full Bench, it must be said they went wrong in holding that *bhujiṣyā* means 'a mistress who is restrained from intercourse with other persons (other than the master)' and in holding that the only distinction between an avaruddhā and a bhujiṣyā is that the former is required to stay in the house of the paramour, while the latter is not (47 Bom. L. R. at pp. 13 and 22). The learned judges have not correctly interpreted the word 'niyata' and also the explanation of 'bhujiṣyā' given by the Bālambhaṭṭī¹⁵⁹⁸. The meaning of the Bālambhaṭṭī was misunderstood on account of the wrong meaning attached to the word 'niyata'. What the Bālambhaṭṭī means in explaining the definition of bhujiṣyā is 'one who is to be enjoyed by certain definite males only other than the master' (i. e. by the master and also certain defined males) and it does not mean 'who is forbidden to be enjoyed by males other than the master'.