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Romanised transliteration as printed by the translator, not the original script. This is what we hold.
124. A woman’s separate property (goes) to her unmarried daughters, and (on failure of such) to poor (married daughters). 25. The sister's fee belongs to her uterine brothers, if her mother be dead. 26. Some (declare, that it belongs to them) even while the mother lives. 27. The heritage of not reunited (brothers) de- ‘and the wife.’ Still the latter seems to be the reading recognised by Haradatta, as he says, ‘ But the wife is joined together (samuféfyate) with all the Sagotras and the rest. When the Sagotras and the rest inherit, then the wife shall inherit one share with them,’ &c. Apastamba Il, 6, 14,2; Manu IX, 187; Yaga#avalkya II, 135-136. 22. Colebrooke, Mitékshara II, 1, 8, where this Sdtra has, however, been combined with the preceding. See also above, XVIII, 4-8; Manu IX, 145-146, 190. 23. Colebrooke V, Digest 341; Manu IX, 144. 24. Colebrooke, Dayabhaga IV, 2, 13; Mitakshar4 I, 3, 11; Il, 2, 4; V, Digest 490; Mayfikha IV, 8,12. See also Manu IX, 192; YAgd#avalkya II, 145. 25. Colebrooke, Dayabhaga IV, 3, 27; V, Digest 511; Mayfikha IV, 10, 32. ‘The fee, ie. the money which at an Asura, or an Arsha wedding, the father has taken for giving the sister away. That goes after his (the father’s) death to the uterine brothers of that sister; and that (happens) after the mother’s death. But if the mother is alive (it goes) to her.’—Haradatta. 26. Colebrooke V, Digest 511. 27. Colebrooke V, Digest 424. ‘The word “eldest” is used XXVIII, 34 INHERITANCE, 307 ceased (without male issue goes) to the eldest (brother). 28. If a reunited coparcener dies (without male issue) his reunited coparcener takes the heritage. 29. A son born after partition takes exclusively (the wealth) of his father. 30. What a learned (coparcener) has acquired by his own efforts, he may (at his pleasure) withhold from his unlearned (coparceners). 31. Unlearned (coparceners) shall divide (their acquisitions) equally. ‘32. A legitimate son, a son begotten on the wife (by a kinsman), an adopted son, a son made, a son born secretly, and a son abandoned (by his natural parents) inherit the estate (of their fathers). 33. The son of an unmarried damsel, the son of a pregnant bride, the son of a twice-married woman, the son of an appointed daughter, a son self-given, and a son bought belong to the family (of their fathers). 34. On failure of a legitimate son or (of the) to give an example. (The property) goes to the brothers, not to the widow, nor to the parents. That is the opinion of the venerable teacher.’—Haradatta. YAg#avalkya II, 134. 28. Mayfikha IV, 9, 15; Manu IX, 212; Y&gfavalkya I, 138. ; 29. Colebrooke, Dayabh4ga VII, 3; Manu IX, 216. 30. Colebrooke, Daéyabh4ga VI, 1, 17; V, Digest 355; May(kha IV, 7, 10; Manu IX, 206; YAgéavalkya II, 119. 31. Colebrooke V, Digest 137; Manu IX, 205.
2YAg#avalkya II, 134. 28. Mayfikha IV, 9, 15; Manu IX, 212; Y&gfavalkya I, 138. ; 29. Colebrooke, Dayabh4ga VII, 3; Manu IX, 216. 30. Colebrooke, Daéyabh4ga VI, 1, 17; V, Digest 355; May(kha IV, 7, 10; Manu IX, 206; YAgéavalkya II, 119. 31. Colebrooke V, Digest 137; Manu IX, 205. 32-33. Colebrooke V, Digest 184; ManuIX, 166-178; YAgfavalkya II, 128-132. My best copy P. inserts another Sftra between this and the following one, ete tu gotrabh4ga, ‘but these (latter six) belong to the family (only, and do not inherit). 34. Colebrooke V, Digest 184. ‘The residue of the estate X 2 308 GAUTAMA. XXVIII, 35- other (five heirs) they receive a fourth (of the estate). 35. The son of a Brahmama by a Kshatriya wife, being the eldest and endowed with good qualities, shares equally (with a younger brother, born of a Bréhmazi) ; 36. (But he shall) not (obtain) the additional share of an eldest son. 37. If there are sons begotten (by a Brahmaza) on wives of the Kshatriya and Vaisya castes (the division of the estate between them takes place according to the same rules) as (between) the (son by a Kshatriya wife) and the son by a Brahmazt. 38. And (the sons by a Kshatriya wife and by goes to the Sapinvdas. If it is here stated that the son of an appointed daughter receives, even on failure of a legitimate son, a fourth part of the estate only, that refers to the son of an appointed daughter of lower caste, i.e. to a son who is born, when somebody makes the daughter of a wife of lower caste his appointed daughter, and does that by intent only..—Haradatta. 35. Colebrooke V, Digest 158; Manu IX, 149-153; YAg#avalkya II, 125. ‘If the son of a Brahmana by a Kshatriya wife is endowed with good qualities and the eldest, then he shares equally with a younger son by a Brahmazt. For the one possesses seniority by age and the other by caste.’—Haradatta. 36. Colebrooke loc. cit. ‘What is exclusive of the additional share of the eldest, which has been declared above, Stra 5, (that) other (part) he shall obtain. The verb must be understood from the context. Regarding a son by a Kshatriya wife who is the eldest, but destitute of good qualities, the M&nava Dharmasastra declares (IX, 152-153), “Or (if no deduction be made),” &c.’—Haradatta. The sense in which the Sftra has been taken above, agrees with the explanation of the Ratnakara adduced in the Digest loc. cit., though the reading of the text followed there seems to be different. 37-38. Colebrooke V, Digest 159. In the Digest V, 160, an additional Sftra regarding the partition between the sons of a XXVIII, 45. INHERITANCE, . 309 a Vaisya wife share in the same manner) if (they have been begotten) by a Kshatriya (father). 39. The son by a Sadra wife even, if he be obe-~ dient like a pupil, receives a provision for maintenance (out of the estate) of a (Brahmaza) deceased without (other) male issue. 40. According to some, the son of a woman of equal caste even does not inherit, if he be living unrighteously.
339. The son by a Sadra wife even, if he be obe-~ dient like a pupil, receives a provision for maintenance (out of the estate) of a (Brahmaza) deceased without (other) male issue. 40. According to some, the son of a woman of equal caste even does not inherit, if he be living unrighteously. 41. Srotriyas shall divide the estate of a childless Brahmaza. 42. The king (shall take the property of men) of other (castes). 43. An idiot and a eunuch must be supported. 44. The (male) offspring of an idiot receives (his father’s) share. 45. (Sons begotten) on women of higher castes (by men of lower castes shall be treated) like sons (begotten by a Brahmava) on a Sidra wife. Vaisya by Vaisya and Sfidra wives is quoted, which, however, is not recognised by Haradatta. 39. Colebrooke V, Digest 169; Mayfkha IV, 4, 30. ‘(The word) of a Brahmaza must be understood (from Sftra 35).’— Haradatta. 40. Colebrooke V, Digest 316 ; Apastamba II, 6, 14, 15. 41. Colebrooke, Mitakshar4 II, 7, 3; Mayfkha IV, 8, 25. ‘The expression “of a childless (Brahmaza)” includes by implication (the absence) of Sapizdas and other (heirs).’—Haradatta. Srotriyas, i.e. Bréhmamas learned in the Vedas. See also Manu 1X, 188. 42. Apastamba II, 6, 14, 5. 43. Colebrooke V, Digest 335; Manu IX, 201-202; YAgiiavalkya II, r4o. 44. Colebrooke loc. cit.; Manu IX, 203; Yagfavalkya I, 141. 45- Colebrooke V, Digest 171, 335. x 3 310 GAUTAMA. XXVIII, 46-53. 46. Water, (property destined for) pious uses or sacrifices, and prepared food shall not be divided ; « 47. Nor (shall a partition be made) of women connected (with members of the family). 48. In cases for which no rule has been given, (that course) must be followed of which at least ten (Brahmazas), who are well instructed, skilled in reasoning, and free from covetousness, approve. 49. They declare, that an assembly (parishad, shall consist) at least (of) the ten following (members, viz.) four men who have completely studied the four Vedas, three men belonging to the (three) orders enumerated first, (and) three men who know (three) different (institutes of) law. 50. But on failure of them the decision of one Srotriya, who knows the Veda and is properly instructed (in the duties, shall be followed) in doubtful cases. 51. For such a man is incapable of (unjustly) injuring or (unjustly) favouring created beings. 52. He who knows the sacred law obtains heavenly bliss, more than (other) righteous men, on account of his knowledge of, and his adherence to it. 53- Thus the sacred law (has been explained). 46. Manu IX, 2x9. Fora fuller explanation of the terms yoga and kshema, (property destined for) pious uses and sacrifices, see Colebrooke, Mitaksharé I, 4, 23. 47. Colebrooke, Mitakshar4 I, 4,22; V, Digest 367; Mayfkha IV, 7, 19. 49-51. Apastamba II, 11, 29, 13-14; Manu XII, 108-113. Three men belonging to the (three) orders enumerated first, i.e. a student, a householder, and an ascetic, see above, III, 2.
The source text as printed, transcribed diplomatically. Where the source language uses a non-Latin script that reaches us only through a Victorian romanisation, this layer is labelled transliteration, because that is what we hold.
Romanised transliteration as printed by the translator, not the original script. This is what we hold.
124. A woman’s separate property (goes) to her unmarried daughters, and (on failure of such) to poor (married daughters). 25. The sister's fee belongs to her uterine brothers, if her mother be dead. 26. Some (declare, that it belongs to them) even while the mother lives. 27. The heritage of not reunited (brothers) de- ‘and the wife.’ Still the latter seems to be the reading recognised by Haradatta, as he says, ‘ But the wife is joined together (samuféfyate) with all the Sagotras and the rest. When the Sagotras and the rest inherit, then the wife shall inherit one share with them,’ &c. Apastamba Il, 6, 14,2; Manu IX, 187; Yaga#avalkya II, 135-136. 22. Colebrooke, Mitékshara II, 1, 8, where this Sdtra has, however, been combined with the preceding. See also above, XVIII, 4-8; Manu IX, 145-146, 190. 23. Colebrooke V, Digest 341; Manu IX, 144. 24. Colebrooke, Dayabhaga IV, 2, 13; Mitakshar4 I, 3, 11; Il, 2, 4; V, Digest 490; Mayfikha IV, 8,12. See also Manu IX, 192; YAgd#avalkya II, 145. 25. Colebrooke, Dayabhaga IV, 3, 27; V, Digest 511; Mayfikha IV, 10, 32. ‘The fee, ie. the money which at an Asura, or an Arsha wedding, the father has taken for giving the sister away. That goes after his (the father’s) death to the uterine brothers of that sister; and that (happens) after the mother’s death. But if the mother is alive (it goes) to her.’—Haradatta. 26. Colebrooke V, Digest 511. 27. Colebrooke V, Digest 424. ‘The word “eldest” is used XXVIII, 34 INHERITANCE, 307 ceased (without male issue goes) to the eldest (brother). 28. If a reunited coparcener dies (without male issue) his reunited coparcener takes the heritage. 29. A son born after partition takes exclusively (the wealth) of his father. 30. What a learned (coparcener) has acquired by his own efforts, he may (at his pleasure) withhold from his unlearned (coparceners). 31. Unlearned (coparceners) shall divide (their acquisitions) equally. ‘32. A legitimate son, a son begotten on the wife (by a kinsman), an adopted son, a son made, a son born secretly, and a son abandoned (by his natural parents) inherit the estate (of their fathers). 33. The son of an unmarried damsel, the son of a pregnant bride, the son of a twice-married woman, the son of an appointed daughter, a son self-given, and a son bought belong to the family (of their fathers). 34. On failure of a legitimate son or (of the) to give an example. (The property) goes to the brothers, not to the widow, nor to the parents. That is the opinion of the venerable teacher.’—Haradatta. YAg#avalkya II, 134. 28. Mayfikha IV, 9, 15; Manu IX, 212; Y&gfavalkya I, 138. ; 29. Colebrooke, Dayabh4ga VII, 3; Manu IX, 216. 30. Colebrooke, Daéyabh4ga VI, 1, 17; V, Digest 355; May(kha IV, 7, 10; Manu IX, 206; YAgéavalkya II, 119. 31. Colebrooke V, Digest 137; Manu IX, 205.
2YAg#avalkya II, 134. 28. Mayfikha IV, 9, 15; Manu IX, 212; Y&gfavalkya I, 138. ; 29. Colebrooke, Dayabh4ga VII, 3; Manu IX, 216. 30. Colebrooke, Daéyabh4ga VI, 1, 17; V, Digest 355; May(kha IV, 7, 10; Manu IX, 206; YAgéavalkya II, 119. 31. Colebrooke V, Digest 137; Manu IX, 205. 32-33. Colebrooke V, Digest 184; ManuIX, 166-178; YAgfavalkya II, 128-132. My best copy P. inserts another Sftra between this and the following one, ete tu gotrabh4ga, ‘but these (latter six) belong to the family (only, and do not inherit). 34. Colebrooke V, Digest 184. ‘The residue of the estate X 2 308 GAUTAMA. XXVIII, 35- other (five heirs) they receive a fourth (of the estate). 35. The son of a Brahmama by a Kshatriya wife, being the eldest and endowed with good qualities, shares equally (with a younger brother, born of a Bréhmazi) ; 36. (But he shall) not (obtain) the additional share of an eldest son. 37. If there are sons begotten (by a Brahmaza) on wives of the Kshatriya and Vaisya castes (the division of the estate between them takes place according to the same rules) as (between) the (son by a Kshatriya wife) and the son by a Brahmazt. 38. And (the sons by a Kshatriya wife and by goes to the Sapinvdas. If it is here stated that the son of an appointed daughter receives, even on failure of a legitimate son, a fourth part of the estate only, that refers to the son of an appointed daughter of lower caste, i.e. to a son who is born, when somebody makes the daughter of a wife of lower caste his appointed daughter, and does that by intent only..—Haradatta. 35. Colebrooke V, Digest 158; Manu IX, 149-153; YAg#avalkya II, 125. ‘If the son of a Brahmana by a Kshatriya wife is endowed with good qualities and the eldest, then he shares equally with a younger son by a Brahmazt. For the one possesses seniority by age and the other by caste.’—Haradatta. 36. Colebrooke loc. cit. ‘What is exclusive of the additional share of the eldest, which has been declared above, Stra 5, (that) other (part) he shall obtain. The verb must be understood from the context. Regarding a son by a Kshatriya wife who is the eldest, but destitute of good qualities, the M&nava Dharmasastra declares (IX, 152-153), “Or (if no deduction be made),” &c.’—Haradatta. The sense in which the Sftra has been taken above, agrees with the explanation of the Ratnakara adduced in the Digest loc. cit., though the reading of the text followed there seems to be different. 37-38. Colebrooke V, Digest 159. In the Digest V, 160, an additional Sftra regarding the partition between the sons of a XXVIII, 45. INHERITANCE, . 309 a Vaisya wife share in the same manner) if (they have been begotten) by a Kshatriya (father). 39. The son by a Sadra wife even, if he be obe-~ dient like a pupil, receives a provision for maintenance (out of the estate) of a (Brahmaza) deceased without (other) male issue. 40. According to some, the son of a woman of equal caste even does not inherit, if he be living unrighteously.
339. The son by a Sadra wife even, if he be obe-~ dient like a pupil, receives a provision for maintenance (out of the estate) of a (Brahmaza) deceased without (other) male issue. 40. According to some, the son of a woman of equal caste even does not inherit, if he be living unrighteously. 41. Srotriyas shall divide the estate of a childless Brahmaza. 42. The king (shall take the property of men) of other (castes). 43. An idiot and a eunuch must be supported. 44. The (male) offspring of an idiot receives (his father’s) share. 45. (Sons begotten) on women of higher castes (by men of lower castes shall be treated) like sons (begotten by a Brahmava) on a Sidra wife. Vaisya by Vaisya and Sfidra wives is quoted, which, however, is not recognised by Haradatta. 39. Colebrooke V, Digest 169; Mayfkha IV, 4, 30. ‘(The word) of a Brahmaza must be understood (from Sftra 35).’— Haradatta. 40. Colebrooke V, Digest 316 ; Apastamba II, 6, 14, 15. 41. Colebrooke, Mitakshar4 II, 7, 3; Mayfkha IV, 8, 25. ‘The expression “of a childless (Brahmaza)” includes by implication (the absence) of Sapizdas and other (heirs).’—Haradatta. Srotriyas, i.e. Bréhmamas learned in the Vedas. See also Manu 1X, 188. 42. Apastamba II, 6, 14, 5. 43. Colebrooke V, Digest 335; Manu IX, 201-202; YAgiiavalkya II, r4o. 44. Colebrooke loc. cit.; Manu IX, 203; Yagfavalkya I, 141. 45- Colebrooke V, Digest 171, 335. x 3 310 GAUTAMA. XXVIII, 46-53. 46. Water, (property destined for) pious uses or sacrifices, and prepared food shall not be divided ; « 47. Nor (shall a partition be made) of women connected (with members of the family). 48. In cases for which no rule has been given, (that course) must be followed of which at least ten (Brahmazas), who are well instructed, skilled in reasoning, and free from covetousness, approve. 49. They declare, that an assembly (parishad, shall consist) at least (of) the ten following (members, viz.) four men who have completely studied the four Vedas, three men belonging to the (three) orders enumerated first, (and) three men who know (three) different (institutes of) law. 50. But on failure of them the decision of one Srotriya, who knows the Veda and is properly instructed (in the duties, shall be followed) in doubtful cases. 51. For such a man is incapable of (unjustly) injuring or (unjustly) favouring created beings. 52. He who knows the sacred law obtains heavenly bliss, more than (other) righteous men, on account of his knowledge of, and his adherence to it. 53- Thus the sacred law (has been explained). 46. Manu IX, 2x9. Fora fuller explanation of the terms yoga and kshema, (property destined for) pious uses and sacrifices, see Colebrooke, Mitaksharé I, 4, 23. 47. Colebrooke, Mitakshar4 I, 4,22; V, Digest 367; Mayfkha IV, 7, 19. 49-51. Apastamba II, 11, 29, 13-14; Manu XII, 108-113. Three men belonging to the (three) orders enumerated first, i.e. a student, a householder, and an ascetic, see above, III, 2.
The source text as printed, transcribed diplomatically. Where the source language uses a non-Latin script that reaches us only through a Victorian romanisation, this layer is labelled transliteration, because that is what we hold.
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