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Romanised transliteration as printed by the translator, not the original script. This is what we hold.
113. The first (among these is the son) begotten by the husband himself on his legally married wife. 14. The second is the son of a wife (who is begotten) on failure of the (first) on a (wife or widow duly) authorised (thereto, by a kinsman). 15. The third is an appointed daughter. 9. Apastamba II, 6, 13, 7. to. Vishnu XV, 42. 11. Vishzu XV, 41. 12. Colebrooke V, Dig. CXCIII; Vishvu XV, 1. Elsewhere the expression puramadrish/4h, ‘noticed by the ancients,’ has been taken to mean ‘seen in the Purdza’ (‘the holy writ,’ Colebrooke). 13. Colebrooke V, Dig. CXCIII; Vishau XV, 2. 14. Colebrooke V, Dig. CCXXX; Vishnu XV, 3. 15. Colebrooke V, Dig. CCIII; Mitaksharé I, 11, 3; Vyavahara Mayfkha IV, 4, 43. The curious fact that Vasish/ka here calls the appointed daughter a son may perhaps be explained by a custom which, though rarely practised, still occurs in Kasmfr, and by which a brotherless maiden is given a male name. A historical instance of this kind is mentioned in the Ragatarangini, where it is stated that Kalydzadevi, princess of Gauda and wife of king GayApida, was called by her father Kalyazamalla. When I collated this passage with the help of a Kasmirian, I was told that a certain Brahmas, still living in Srinagar, had changed the 86 VASISHTHA. XVII, 16. 16. It is declared in the Veda, ‘A maiden who has no brothers comes back to the male ancestors (of her own family); returning she becomes their son.’ 17. With reference to this (matter there is) a verse (to be spoken by the father when appointing his daughter), ‘I shall give thee a brotherless damsel, decked with ornaments; the son whom she may bear, shall be my son.’ 18. The fourth is the son of a remarried woman. 19. She is called remarried (punarbhd) who leaving the husband of her youth, and having lived with others, re-enters his family; 20. And she is called remarried who leaving an impotent, outcast or mad husband, or after the death of her husband takes another lord. 21. The fifth is the son of an unmarried damsel. 22. They declare that the son whom an unmarried damsel produces through lust in her father’s house, is the son of his maternal grandfather. name of his only child, a daughter called Amri, to the corresponding masculine form, Amargf, in order to secure to himself through her the same spiritual benefits as if he had a son. It seems to me not improbable that VasishéAa’s Sftra alludes to the same legal fiction, and that he recommends in the first instance that the father is to make his daughter a son by changing her name, and next to secure for himself her son, by the verse quoted Sftra 17. 16. Colebrooke V, Dig. CCIII, where the preceding Sftra has been placed after this. Compare Rig-veda I, 124, 5. 17. Colebrooke V, Dig. CCXVI; Mitakshara I, 11, 3; Dayabhaga X, 4; Vyavahara Mayfkha IV, 4, 43; Vishau XV, 5. 18. Vishnu XV, 7. 19. Narada XII, 48 (Jolly), where, however, kaumaram patim has been wrongly translated by ‘an infant husband.’ 20. Manu IX, 175.
2Compare Rig-veda I, 124, 5. 17. Colebrooke V, Dig. CCXVI; Mitakshara I, 11, 3; Dayabhaga X, 4; Vyavahara Mayfkha IV, 4, 43; Vishau XV, 5. 18. Vishnu XV, 7. 19. Narada XII, 48 (Jolly), where, however, kaumaram patim has been wrongly translated by ‘an infant husband.’ 20. Manu IX, 175. 21. Colebrooke V, Dig. CCLIX; Vishzu XV, 10. 22. Colebrooke V, Dig. CCLIX; Vishzu XV, 11. XVII, 33. INHERITANCE. 87 23. Now they quote also (the following verse) : ‘If an unmarried daughter bear a son begotten by a man of equal caste, the maternal ‘grandfather has a son through him; he shall offer the funeral cake, and take the wealth (of his grandfather).’ 24. (A male child) secretly born in the house is the sixth. 25. They declare that these (six) are heirs and kinsmen, preservers from a great danger. 26. Now among those (sons) who are not heirs, but kinsmen, the first is he who is received with a pregnant bride. 27. (The son of a damsel) who is married pregnant (is called) a son received with the bride (sahodha). 28. The second is the adopted son, 29. (He) whom his father and his mother give (in adoption). 30. (The son) bought is the third. 31. That is explained by (the story of) Sunasepa. a ‘Hariskandra, forsooth, was a king. He bought the son of Agigarta Sauyavasi. 33. The fourth is (the son) self-given. 24. Vishnu XV, 13. 25. ‘From a great danger,’ i.e. ‘from the danger of losing heaven through failure of the funeral oblations.’ 26. Vishnu XV, 15. 28. Vishnu XV, 18. 29. Vishnu XV, 19. 30. Vishzu XV, 20. 32. The MSS. and editions read the last word of the Sftra as follows: B. vikriyya; Ben. ed. vikriya; Bh. E. F. vikradya; Calc. ed. and I. O. 913 vikrayya svayam kritavan. I believe that, as the letters 4a and va are constantly mistaken by the copyists the one for the other, the original reading was Aikraya. Regarding the story told in this Stra and continued below, Sfitra 35, see Max Miller, History of Ancient Sanskrit Literature, pp. 408-416 and 573-588. 33. Vishwu XV, 22. 88 VASISHTHA. XVII, 34. 34. That is (likewise) explained by (the story of) Sunahsepa. 35. ‘Sunaksepa, forsooth, when tied to the sacrificial stake, praised the gods; there the gods loosened his bonds. To him spoke (each of) the officiating priests, “He shall be my son.” He did not agree to their (request. Then) they made him make (this) agreement, “He shall be the son of him whom he chooses.” Visva4mitra was the Hotvz priest at that (sacrifice). He became his son.’ 36. The son cast off is the fifth. 37. (He is called so) who, cast off by his father and his mother, is received (as a son). 38. They declare that the son of a woman of the Sfidra caste is the sixth. These (six) are kinsmen, not heirs. ; 39. Now they quote also (the following rule): ‘These (last-mentioned) six (sons) shall take the heritage of him who has no heir belonging to the first-mentioned six (classes).
338. They declare that the son of a woman of the Sfidra caste is the sixth. These (six) are kinsmen, not heirs. ; 39. Now they quote also (the following rule): ‘These (last-mentioned) six (sons) shall take the heritage of him who has no heir belonging to the first-mentioned six (classes). 40. Now (follow the rules regarding) the partition of the (paternal) estate among brothers : 41. And (let it be delayed) until those (widows) who have no offspring, (but are supposed to be pregnant), bear sons, 42. Let the eldest take a double share, 43. And a tithe of the kine and horses. 36-37. Colebrooke V, Dig. CCXC; Vishnu XV, 24-25. 38. Colebrooke V, Dig. CCXCII; Dattaka#andrika V,14; Vishzu XVII, 27; Manu IX, 178-179; Gautama XXVIII, 39. 40. Colebrooke V, Dig. L; Vyavahara Mayfikha IV, 4, 37. 41. Colebrooke V, Dig. CKVII; Vyavah4ra Mayfkha IV, 4, 37. 42-45. Colebrooke V, Dig. L; DAyabha4ga II, 41; Gautama XXVIII, 9 and 5-7. XVII, 35. INHERITANCE. 89 44. The goats, the sheep, and the house belong to the youngest, 45. Black iron, the utensils, and the furniture to the middlemost. 46. Let the daughters divide the nuptial present of their mother. 47. Ifa Brahmama has issue by wives belonging to the Brahmaza, Kshatriya, and Vaisya classes respectively, 48. The son of the Brahmaza wife shall receive three shares, 49. .The son of the Kshatriya wife two shares, 50. The other (sons) shall inherit equal shares. 51. And if one of the (brothers) has gained something by his own (effort), he shall receive a double share. 52. But those who have entered a different order receive no share, 53. Nor (those who are) eunuchs, madmen, or outcasts. 54. Eunuchs and madmen (have a claim to) maintenance. 55. The widow of a deceased person shall sleep 46. Colebrooke V, Dig. CCCCXCII; D&yabhaga IV, 2, 15; Vishnu XVII, 21. 47-50. Colebrooke V, Dig. CLIV; Vishvu XVIII, 1-5. 51. Colebrooke V, Dig. LXXV, CXXXVIII, CCCLVI; Déyabhaga II, 41; Vyavahara Mayfikha IV, 7, 8. ‘ By his own effort,’ i.e. by learning or disputations with learned men, by bravery in battle, &c. 52. Colebrooke V, Dig. CCCXXXVIII; Mitékshara II, 8, 7; 10,3; Vyavahara Mayfkha IV, 11,5. The persons intended are a perpetual student, a hermit, and ascetic. 53. Vyavahara Mayfikha IV, 11, 10. 54. Vyavahara Mayfkha IV,11, 10; Vishzu XV, 33. 55. ‘Practising religious vows,’ i.e. ‘eating only once a day, and so forth. —Krzshnapandita. 90 VASISHTHA. XVII, 56. on the ground during six months, practising religious vows and abstaining from pungent condiments and salt. 56. After the completion of six months she shall bathe, and offer a funeral oblation to her husband. (Then) her father or her brother shall assemble the Gurus who taught or sacrificed (for the deceased) and his relatives, and shall appoint her (to raise issue to her deceased husband). 57. Let him not appoint a (widow who is) mad, ill-conducted, or diseased, 58. Nor one who is very aged.
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.
113. The first (among these is the son) begotten by the husband himself on his legally married wife. 14. The second is the son of a wife (who is begotten) on failure of the (first) on a (wife or widow duly) authorised (thereto, by a kinsman). 15. The third is an appointed daughter. 9. Apastamba II, 6, 13, 7. to. Vishnu XV, 42. 11. Vishzu XV, 41. 12. Colebrooke V, Dig. CXCIII; Vishvu XV, 1. Elsewhere the expression puramadrish/4h, ‘noticed by the ancients,’ has been taken to mean ‘seen in the Purdza’ (‘the holy writ,’ Colebrooke). 13. Colebrooke V, Dig. CXCIII; Vishau XV, 2. 14. Colebrooke V, Dig. CCXXX; Vishnu XV, 3. 15. Colebrooke V, Dig. CCIII; Mitaksharé I, 11, 3; Vyavahara Mayfkha IV, 4, 43. The curious fact that Vasish/ka here calls the appointed daughter a son may perhaps be explained by a custom which, though rarely practised, still occurs in Kasmfr, and by which a brotherless maiden is given a male name. A historical instance of this kind is mentioned in the Ragatarangini, where it is stated that Kalydzadevi, princess of Gauda and wife of king GayApida, was called by her father Kalyazamalla. When I collated this passage with the help of a Kasmirian, I was told that a certain Brahmas, still living in Srinagar, had changed the 86 VASISHTHA. XVII, 16. 16. It is declared in the Veda, ‘A maiden who has no brothers comes back to the male ancestors (of her own family); returning she becomes their son.’ 17. With reference to this (matter there is) a verse (to be spoken by the father when appointing his daughter), ‘I shall give thee a brotherless damsel, decked with ornaments; the son whom she may bear, shall be my son.’ 18. The fourth is the son of a remarried woman. 19. She is called remarried (punarbhd) who leaving the husband of her youth, and having lived with others, re-enters his family; 20. And she is called remarried who leaving an impotent, outcast or mad husband, or after the death of her husband takes another lord. 21. The fifth is the son of an unmarried damsel. 22. They declare that the son whom an unmarried damsel produces through lust in her father’s house, is the son of his maternal grandfather. name of his only child, a daughter called Amri, to the corresponding masculine form, Amargf, in order to secure to himself through her the same spiritual benefits as if he had a son. It seems to me not improbable that VasishéAa’s Sftra alludes to the same legal fiction, and that he recommends in the first instance that the father is to make his daughter a son by changing her name, and next to secure for himself her son, by the verse quoted Sftra 17. 16. Colebrooke V, Dig. CCIII, where the preceding Sftra has been placed after this. Compare Rig-veda I, 124, 5. 17. Colebrooke V, Dig. CCXVI; Mitakshara I, 11, 3; Dayabhaga X, 4; Vyavahara Mayfkha IV, 4, 43; Vishau XV, 5. 18. Vishnu XV, 7. 19. Narada XII, 48 (Jolly), where, however, kaumaram patim has been wrongly translated by ‘an infant husband.’ 20. Manu IX, 175.
2Compare Rig-veda I, 124, 5. 17. Colebrooke V, Dig. CCXVI; Mitakshara I, 11, 3; Dayabhaga X, 4; Vyavahara Mayfkha IV, 4, 43; Vishau XV, 5. 18. Vishnu XV, 7. 19. Narada XII, 48 (Jolly), where, however, kaumaram patim has been wrongly translated by ‘an infant husband.’ 20. Manu IX, 175. 21. Colebrooke V, Dig. CCLIX; Vishzu XV, 10. 22. Colebrooke V, Dig. CCLIX; Vishzu XV, 11. XVII, 33. INHERITANCE. 87 23. Now they quote also (the following verse) : ‘If an unmarried daughter bear a son begotten by a man of equal caste, the maternal ‘grandfather has a son through him; he shall offer the funeral cake, and take the wealth (of his grandfather).’ 24. (A male child) secretly born in the house is the sixth. 25. They declare that these (six) are heirs and kinsmen, preservers from a great danger. 26. Now among those (sons) who are not heirs, but kinsmen, the first is he who is received with a pregnant bride. 27. (The son of a damsel) who is married pregnant (is called) a son received with the bride (sahodha). 28. The second is the adopted son, 29. (He) whom his father and his mother give (in adoption). 30. (The son) bought is the third. 31. That is explained by (the story of) Sunasepa. a ‘Hariskandra, forsooth, was a king. He bought the son of Agigarta Sauyavasi. 33. The fourth is (the son) self-given. 24. Vishnu XV, 13. 25. ‘From a great danger,’ i.e. ‘from the danger of losing heaven through failure of the funeral oblations.’ 26. Vishnu XV, 15. 28. Vishnu XV, 18. 29. Vishnu XV, 19. 30. Vishzu XV, 20. 32. The MSS. and editions read the last word of the Sftra as follows: B. vikriyya; Ben. ed. vikriya; Bh. E. F. vikradya; Calc. ed. and I. O. 913 vikrayya svayam kritavan. I believe that, as the letters 4a and va are constantly mistaken by the copyists the one for the other, the original reading was Aikraya. Regarding the story told in this Stra and continued below, Sfitra 35, see Max Miller, History of Ancient Sanskrit Literature, pp. 408-416 and 573-588. 33. Vishwu XV, 22. 88 VASISHTHA. XVII, 34. 34. That is (likewise) explained by (the story of) Sunahsepa. 35. ‘Sunaksepa, forsooth, when tied to the sacrificial stake, praised the gods; there the gods loosened his bonds. To him spoke (each of) the officiating priests, “He shall be my son.” He did not agree to their (request. Then) they made him make (this) agreement, “He shall be the son of him whom he chooses.” Visva4mitra was the Hotvz priest at that (sacrifice). He became his son.’ 36. The son cast off is the fifth. 37. (He is called so) who, cast off by his father and his mother, is received (as a son). 38. They declare that the son of a woman of the Sfidra caste is the sixth. These (six) are kinsmen, not heirs. ; 39. Now they quote also (the following rule): ‘These (last-mentioned) six (sons) shall take the heritage of him who has no heir belonging to the first-mentioned six (classes).
338. They declare that the son of a woman of the Sfidra caste is the sixth. These (six) are kinsmen, not heirs. ; 39. Now they quote also (the following rule): ‘These (last-mentioned) six (sons) shall take the heritage of him who has no heir belonging to the first-mentioned six (classes). 40. Now (follow the rules regarding) the partition of the (paternal) estate among brothers : 41. And (let it be delayed) until those (widows) who have no offspring, (but are supposed to be pregnant), bear sons, 42. Let the eldest take a double share, 43. And a tithe of the kine and horses. 36-37. Colebrooke V, Dig. CCXC; Vishnu XV, 24-25. 38. Colebrooke V, Dig. CCXCII; Dattaka#andrika V,14; Vishzu XVII, 27; Manu IX, 178-179; Gautama XXVIII, 39. 40. Colebrooke V, Dig. L; Vyavahara Mayfikha IV, 4, 37. 41. Colebrooke V, Dig. CKVII; Vyavah4ra Mayfkha IV, 4, 37. 42-45. Colebrooke V, Dig. L; DAyabha4ga II, 41; Gautama XXVIII, 9 and 5-7. XVII, 35. INHERITANCE. 89 44. The goats, the sheep, and the house belong to the youngest, 45. Black iron, the utensils, and the furniture to the middlemost. 46. Let the daughters divide the nuptial present of their mother. 47. Ifa Brahmama has issue by wives belonging to the Brahmaza, Kshatriya, and Vaisya classes respectively, 48. The son of the Brahmaza wife shall receive three shares, 49. .The son of the Kshatriya wife two shares, 50. The other (sons) shall inherit equal shares. 51. And if one of the (brothers) has gained something by his own (effort), he shall receive a double share. 52. But those who have entered a different order receive no share, 53. Nor (those who are) eunuchs, madmen, or outcasts. 54. Eunuchs and madmen (have a claim to) maintenance. 55. The widow of a deceased person shall sleep 46. Colebrooke V, Dig. CCCCXCII; D&yabhaga IV, 2, 15; Vishnu XVII, 21. 47-50. Colebrooke V, Dig. CLIV; Vishvu XVIII, 1-5. 51. Colebrooke V, Dig. LXXV, CXXXVIII, CCCLVI; Déyabhaga II, 41; Vyavahara Mayfikha IV, 7, 8. ‘ By his own effort,’ i.e. by learning or disputations with learned men, by bravery in battle, &c. 52. Colebrooke V, Dig. CCCXXXVIII; Mitékshara II, 8, 7; 10,3; Vyavahara Mayfkha IV, 11,5. The persons intended are a perpetual student, a hermit, and ascetic. 53. Vyavahara Mayfikha IV, 11, 10. 54. Vyavahara Mayfkha IV,11, 10; Vishzu XV, 33. 55. ‘Practising religious vows,’ i.e. ‘eating only once a day, and so forth. —Krzshnapandita. 90 VASISHTHA. XVII, 56. on the ground during six months, practising religious vows and abstaining from pungent condiments and salt. 56. After the completion of six months she shall bathe, and offer a funeral oblation to her husband. (Then) her father or her brother shall assemble the Gurus who taught or sacrificed (for the deceased) and his relatives, and shall appoint her (to raise issue to her deceased husband). 57. Let him not appoint a (widow who is) mad, ill-conducted, or diseased, 58. Nor one who is very aged.
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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