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A wife could not be abandoned unjustly, and any
violation of that rule merited severe punishment: ‘He who has
unjustly forsaken his wife shall put on an ass’s skin, with the,
hair turned outside, and beg in seven houses, saying, "Give alms
to him who forsook his wife." That shall be his livelihood for
six months.’ 94.
The punishment assigned to a wife who has neglected her duty to her
husband is not very severe, especially when compared to the inhuman
punishments prescribed by Manu for similar cases. He says, ‘But, if
a wife for sakes her husband, she shall perform the twelve night
Kriccha penance for as long a time‘. 95
As regards inheritance, the legal right of a daughter
to succeed to the property of her father where there are no sons, as
is implied by the term Putrika, is denied here, and a daughter can
only inherit the property of her father on failure of sons, Sapindas,
the spiritual teacher or his pupil, 96
who could succeed to the property in the above order on the failure of
the heir, who took precedence. Ornaments and wealth received from her
relations remained with a Wife. 97
Apastamba discards the appropriation of illegal
children and sons of Kshetraja origin and admits, as legal heirs, only
sons of the first kind of marriage, i.e., between people of equal
caste. He quotes here in support of his view the text referred to by
Baudhayana as the view of Aupagandhani. Sons of a woman of equal caste
who has not belonged to another man, and who has been married
legally,’ have a right ‘toinherit the estate‘. 98
‘If a man approaches a woman who has been married before, or is not
legally married to him, or belongs to a different caste, they both
commit a sin.
’Through their sin, their son also becomes sinful. 99
He also quotes from a Gatha, which Haradatta explains as expressing
the sentiments of a husband who neglects to watch his wives, as the
law declares the sons of unfaithful wives to belong to the father in
the next world. A Brahmana says, ‘The son belongs to the begetter
‘.100
Now they quote also the following Gatha from the Veda: ‘having
considered myself formerly a father. I shall not now allow any longer
my wives to be approached by other men, since they have declared that
a son 'belongs to the begetter in the world of Yama.
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