Niyog
Niyoga (Sanskrit: नियोग) was a Hindu practice, primarily followed during the ancient period, in the Indian subcontinent. Niyoga permitted widows or wives who had no child by their husband to procreate with another man. The purpose of niyoga was to ensure the continuation of the family lineage and to mitigate the financial and social precariousness that a childless widow would have faced in society. Niyoga was forbidden in Kali Yuga by Rishi Brhaspati and other Manusmriti writers. It has been held that niyoga is not akin to polyandry. Sir Henry Maine thinks that Niyoga is of a later date than the Levirate marriage (Hebrew practice of marrying a brother’s widow if she has no son), but J. D. Mayne justified levirate union as merely an enlarged form of Niyoga that came into effect after a man’s death. The Niyoga practice enabled a woman to bear children upon union with a male with a “desirable seed”.
What is Niyog?
Niyoga was a practice that was allowed to make sure that woman experiences the pious feeling of becoming a mother during her lifetime.
Simply put, if a man failed in his responsibility to impregnate his wife, then-wife could seek permission from her husband to get impregnated by someone else. An exception was also made if the man died without becoming a father. Since humans are not perfect and Hindus know it from the beginning of time, various restrictions were laid to curtail the misuse of Niyoga.
When You Should Do Niyog
Narada (12.82-88)
For this custom is practised only when the family threatens to become extinct, for the continuance of the lineage, and not from amorous desire.
In Kaliyuga Niyog is Banned
- This practice is forbidden in Apastamba Dharmasutra 2.27.2-7.
- Mitaksara (2.136) as prohibiting niyoga;
- Viramitrodaya, verses 64-68
- Nrsimhaprasada (Vyavahara, 38a); In Smriticandrika (Samskara, p. 226), which says that this prohibition is meant for the Kali-age band in Viramitrodaya (Vyavahara, 186a).
- Brahma Vaivarta Purana-4.115 “In this Age of Kali, conception through Niyoga (conception from Devara) is forbidden”
Rules For performing Niyog
- The woman would agree to this only for the sake of rightfully having a child and not for sexual pleasure.
- The appointed man would do this for Dharma, considering it as his duty to help the woman bear a child and not for pleasure.
- There will be no foreplay or contact of any kind with the upper body. The bodies of the female and male both are smeared with Ghee. There is a curtain between the male and the female so that none can see each other’s face so that passion does not sneak into their minds. Only the legs of the female are kept uncovered. The male penetrates and ejaculates inside the woman and the process is completed.
- The child, thus born would be considered the child of the husband-wife and not that of the appointed man.
- The appointed man would not seek any paternal relationship or attachment to this child in the future.
- To avoid misuse, a man was allowed a maximum of three times in his lifetime to be appointed in such a way.
Only Kshatriya Royal families and Widows have access to perform niyoga
- Widows shall approach only her dead Husband’s Brother for helping her to beget a child
Mitaksara Commentary
This verse is quoted in Mitaksara (1.69), as enunciating the view that the sanction of the ‘ksetraja’ son pertains only to those cases where the bridegroom has died after the verbal betrothal;—again under 2.127, as describing the case in which alone ‘niyoga’ is permissible;—and it adds that this verse implies that the man to whom a girl has been betrothed has become her ‘husband’ even before the marriage rites have been performed.
Notes from Mitaksara
Dharmashastras Sanctioned Niyoga only for widows and kshatriyas
Gautama (18.4-7)
A woman whose husband is dead and who desires offspring may bear a son to her brother-in-law. She should obtain the permission of her elders and should have intercourse during her period only. On failure of her brother-in-law, she may obtain offspring from a Sapinda, a Sagotra, a Samanapravaras or from one belonging to the same caste. Some people think that she may unite with none but her brother-in-law.
"Do. (28.22-23)" "The widow may seek to raise up offspring to her deceased husband. A son begotten on a widow, whose brother-in-law is alive, by another relative, is excluded from inheritance."
" Baudhāyana (2.4.9-10)" "After the expiry of six months from her husband's death, she may, with the authority of her elders, bear a son to her deceased husband; in case she has no son the following: —A barren woman or one who has already borne sons, one who is past childbearing, or one whose children all died, or one who is unwilling, must never be authorised or appointed to do this."
" Vasishta (17.56)" "After the completion of six months from the death of her husband, she shall bathe, and offer a funeral oblation to the husband. Then her father and brother shall assemble the elders who taught or sacrificed for her husband, as also his relatives, and authorise her to raise issue to her deceased husband. One should not think of appointing a widow who is either mad or ill-behaved or diseased, nor one who is very aged;—sixteen years after maturity is the period for authorising a widow. Nor shall such an authorisation be made if the male entitled to approach her is sickly."
" Yajnavalkya (1.68-69)" "If a widow is without a son, her brother-in-law, or a Sapinda or a Sagotra— smeared with butter, shall approach her during her period, being authorised to do so by the elders, for the purpose of obtaining a son to her late husband: after the conception has taken place, he shall do so no more; for the otherwise, he would become an outcast. The son born in this manner is called 'Ksetraja'."
" Brihaspati (25.12-14)" "The Niyoga (authorisation of a widow to raise offspring to her deceased husband), after having been declared by Manu, has been forbidden by himself; on account of the deterioration in the nature of the time-cycles, this cannot be done by all in the proper form. In the Krita, Treta and Dvapara cycles, men were imbued with austerities and with knowledge; in the Kali cycle a deterioration in the capacity of men has been brought about. Therefore the sons that were obtained by various methods by the ancient sages cannot be obtained by men now, on account of their being without that capacity."
" Narada (12.80-81)" "Should the husband of a childless woman die, she should go to her brother-in-law, through desire to obtain a son, after having received the necessary authorisation from her elders;—and he shall have intercourse with her till a son is born. When a son is born, he must leave off; should he have intercourse otherwise."
" Brahmaparana (Apararka, p. 97)" "On the death of her husband, or on her having abandoned her husband, a woman may beget a son from a man of her own caste. If she is child-widow, or has been forcibly abandoned by her husband, she shall go through the sacrament of marriage again, with any other man. but this remarriage of women, or the begetting of a son from the brother-in-law, or the freedom of women, should not be permitted during the Kali age; as during this time all would be sinful."
Only direct intercourse is allowed no foreplay with body (kissing, hugging, limbs etc)
" Narada (12.82-88)" "He shall approach the woman, free from passion, and without amorous desire. He must have anointed his limbs with clarified butter, up with which he must bring his seed to the natural condition, and must turn away his face from hers and avoid the contact of limb with limb. For this custom is practised only when the family threatens to become extinct, for the continuance of the lineage, and not from amorous desire. He must not approach a woman who is with child, or who is not authorised by her relations. Should a woman procreate a son with her brother-in-law without having been authorised"
" Yama (Vivadaratnakara, p. 446)" "When during her period, the woman has taken her bath, her brother-in-law, offering an offspring for his deceased brother, may approach her during the dark night, with speech held in check, with a single cloth on, and his body anointed with clarified butter, and mind stricken with grief, avoiding the contact of his face and limbs with her face and limbs."
After Niyog he should never approach the women or her child again and should do penance
" Yama (Vivadaratnakara, p. 446)" "A man desirous of securing offspring for his deed brother, may beget a child on his widow; he shall leave her as soon as conception has taken place; he should never approach her after she has got a child."
Sages Declare a window shouldn’t do niyoga instead she should preserve her Chastity
" Parashara (4.29)" "If, on the death of her husband, a woman remains firm in her chastity, she obtains heaven, or death, in the manner of the Religious Student."
"Do. (4.4.57-59)" "On the death of her husband, the chaste woman should either accompany him or observe the vows; she should not go to other houses; she should maintain chastity, control her passions and give up personal adornment."
" Yajnavalkya (1.87)" "She who is devoted to her husband's welfare, well behaved, with senses under control, attains fame in this world and the supreme state, after death."
This practice is criticized by rishi manu himself
That woman, however, who from a longing for a child, disregards her husband, brings disgrace to herself in this world and falls off from her place in the other world.—(159).
" Brihaspati (25.12-14)" "The Niyoga (authorisation of a widow to raise offspring to her deceased husband), after having been declared by Manu, has been forbidden by himself; on account of the deterioration in the nature of the time-cycles, this cannot be done by all in the proper form. In the Krita, Treta and Dvapara cycles, men were imbued with austerities and with knowledge; in the Kali cycle a deterioration in the capacity of men has been brought about. Therefore the sons that were obtained by various methods by the ancient sages cannot be obtained by men now, on account of their being without that capacity."
" Brahmaparana (Apararka, p. 97)" "On the death of her husband, or on her having abandoned her husband, a woman may beget a son from a man of her own caste. If she is child-widow, or has been forcibly abandoned by her husband, she shall go through the sacrament of marriage again, with any other man. but this remarriage of women, or the begetting of a son from the brother-in-law, or the freedom of women, should not be permitted during the Kali age; as during this time all would be sinful."
" Apastamba (2.27.2-4)" "A husband shall not make over his wife, who occupies the position of a gentile, to others (than to his gentiles), in order to cause children to be begotten for himself. For they declare that a bigble is given to the family of her husband (and not to the husband alone). This is forbidden for the present age, on account of the incapacity of men's senses."
Niyog In 21st Century
Modern Alternatives
- Artificial insemination
- In vitro fertilization
- Surrogacy
- Complementary techniques
- Intrauterine Insemination
- Classical IVF
- IVF/ICSI
"Modern Context" In 21th century We have advanced technology and methods for Treatment ( Test Tube baby, IVF, Artifical Insemination, Egg-sprem donation etc) of Infertility there's no need to do Niyog and there isn't any Niyog crimes existing in society