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a) The woman would agree to this only for the sake of legitimately begetting a
child; but not for sexual orgasm or promiscuity.
b) The act will be construed as constituting ‘Dharma’ and when entering into
sexual intercourse, there would be no place for voluptuousness or venereal
pleasure.
c) To obviate the misuse, a man was permitted to have niyoga three times in
his lifetime in the future.
The following were some of the Rules to be adhered
to before entering into Niyoga:-
d) The man so chosen would not be allowed to stake any claim for paternal
relationship or attachment to this child in the future.
f) The appointed man would carry out this purely as a hel to the woman in the
name of God and the woman will accept it only to beget the child for herself
and her husband.
The following were some of the Rules to be adhered
to before entering into Niyoga:-
g) There would be no foreplay or contact of any kind with the upper parts of
the body. The bodies of both the man and the woman are smeared with
ghee. There is a curtain between the male and the female so that none
could see each other’s faces so that passion does not sneak into their
minds.
h) Only the legs of the woman are kept uncovered. The male penetrates and
ejaculates inside the vagina and the process is completed.
167. He who was begotten according to the peculiar law (of the Niyoga)
on the appointed wife of a dead man, of a eunuch, or of one diseased, is
called a son begotten on a wife (Kshetraga).
In the Manusmriti,, niyoga is described as
59. On failure of the issue (by her husband) a woman who
has been authorized, may obtain, (in the) proper (manner
prescribed), the desired offspring by (cohabitation with) a
brother-in-law or (with some other) Sapinda (of the
husband).
60. He (who is) appointed to (cohabit with) the widow shall
(approach her) at night anointed with clarified butter and
silent, (and) beget one son, by no means a second.
62. But when the purpose of the appointment to (cohabit
with) the widow bas been attained in accordance with the
law, those two shall behave towards each other like a
father and a daughter-in-law.
Baudhyana Dharma Shastra Prasna II, Adhyaya 2, Kandika 4, verses 7-9 “widow
shall avoid during a year (the use of) honey, meat spirituous liquor, and salt,
and sleep on the ground. Maudgalya (declares that she shall do so) during six
months. After (the expiration of) that (time) she may, with the permission of
her Gurus, bear a son to her brother in law, in case she has no son.”
Garuda Purana chapter 95 ”The younger brother of a husband, may go unto a
childless wife of his elder brother for the purpose of begetting an offspring on
her person with the permission of his elders, first had and obtained in that
behalf, and with his body annointed with clarified butter.” Tr. M.N. Dutt
Garuda Purana I.95.16-17 “For producing a son and a heir in the family the
brother-in-law or a cousin or a person of the same clan can have intercourse
with an issueless widow till she conceives. If he touches her after that he
becomes degraded. The son born thus is the legitimate son of the deceased
husband.” Tr. J.L. Shastri
Kurma Purana 2.22.98 ”…a son born of the Niyoga rite should perform
Sraddha to his progenitor as well as the dead husband of his mother. Then he
shall be the true heir. If a son is born out of the semen virile without the
sanction of Niyoga, the son should offer Pindas to the progenitor. However, he
may perform Sraddha to the Ksetrin (mother’s husbands).” Tr. G.V. Tagare