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Yajnavalkya-smriti (Vyavaharadhyaya)—Critical study

by Kalita Nabanita | 2017 | 87,413 words

This page relates ‘Polygamy (in the contemporary society)� of the study on the Vyavaharadhyaya of the Yajnavalkya-smriti: one of the most prominent Smritis dealing with Dharmashastra (ancient Indian science of law), dating to the 1st century B.C. The Yajnavalkyasmriti scientifically arranges its contents in three sections: Acara (proper conduct), Vyavahara (proper law) and Prayashcitta (expiation). Vyavahara deals with judicial procedure and legal system such as substantive law and procedural law.

Go directly to: Footnotes.

Chapter 3.3b - Polygamy (in the contemporary society)

If a man marries another woman during the lifetime of his first wife, i.e. having more than one wife, is known as polygamy. Polygamy seems to have prevailed in the society during the period of the ñⲹṛt. Traces of polygamy are found in the ղⲹⲹ. ñⲹ prescribes the right of a former wife at the instance of second marriage of her husband. The wife over the marriage of whom, another marriage is contracted is known as 󾱱ԲԲٰī meaning a superseded wife.[1]

An amount equal to the property spent on the new marriage is to be given to the former wife as compensation on account of supersession, i.e. marriage with co-wife. If ٰī󲹲Բ has been already assigned to her by the husband or father-in-law than half of the second marriage expenses will be paid to her as 󾱱岹Ծ첹.[2] It suggests the prevalence of polygamy in the contemporary society of the ñⲹṛt. Another passage of the ñⲹṛt (2.125) also bears the traces of having recognition for plurality of wives of different castes with limitation or restriction and it is discussed above in the context of intercaste marriage.

Footnotes and references:

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[1]:

yasyā uparu sādhivinnā sā cāsau ٰī cetyadhivinnaٰī�/ Ѿṣa, Ibid., 2.148

[2]:

adhivinnastriyai dadyād󾱱岹Ծ첹� samam/ na 岹ٳٲ� ٰī󲹲Բ� yasyai dathe tvardha� prakīrtitam// ñⲹṛt, 2.148

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