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.

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 Yājñavalkyasmṛti. Traces of polygamy are found in the Vyavahārādhyāya. Yājñavalkya 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 The wife over the marriage of whom, another marriage is contracted is known as ādhivinnastrī meaning a superseded wife.[1]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 strīdhana 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 ādhivedanika.[2] It suggests the prevalence of polygamy in the contemporary society of the Yājñavalkyasmṛti. Another passage of the Yājñavalkyasmṛti (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:

[1]:

yasyā uparu vivāhaḥ sādhivinnā sā cāsau strī cetyadhivinnastrī…/ Mitākṣarā, Ibid., 2.148

[2]:

adhivinnastriyai dadyādādhivedanikaṃ samam/ na dattaṃ strīdhanaṃ yasyai dathe tvardhaṃ prakīrtitam// Yājñavalkyasmṛti, 2.148

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