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Romanised transliteration as printed by the translator, not the original script. This is what we hold.
1The meaning probably is, as the Digest states, that among Brahmazas it is usual to give to the eldest a bull, among Kshatriyas a horse, and so forth. 10. Vasishtha XVII, 48-50; Vishvu XVIII, 2-40; where the several cases that can arise have been fully worked out. 11. I translate according to the reading of K., M., and the two MSS. of the commentary, aurase tfitpanne savarvds [°xas, M., K.] tretiyamsaharahk [°yamsam haret, K.] The other MSS. omit the last two words of the Sfttra. The sense of the Sfitra seems to be, that subsidiary sons of equal caste obtain a third of the estate when a legitimate son of the body is born to their father; see also Katyayana V, Dig. CCXVIII. Govinda gives the following explanation: aurasaf savarmaputras 4a vakshyante | aurasak savarndy4m samskritayam svayam utpAditah [Sftra 14] | tasminnutpanne savarnis tritiyAamsahara bhaveyus | sarvam dhanagatam tredha vibhagya tesham ekam shodasa_sampadya trin dvavekam iti kalpayet ‘ The legitimate son and the sons of equal caste will be described (below). He is called a legitimate son who is begotten by the husband himself on a wedded wife of equal caste. When such a one is born, the (other) sons of equal caste shall obtain one third share. Dividing the whole property into three parts, and making one of them sixteen (?), he shall give three, two, one.’—Govinda. 12. Colebrooke V, Dig. CLVII; Dayabhaga IX, 15. (t4] Q 226 BAUDHAYANA. II, 2, 3. a wife of the next lower caste, the son born of the wife of the next lower caste may take the share of the eldest, provided he be endowed with good qualities. 13. (A son) who possesses good qualities becomes the protector of the rest. 14. One must know a son begotten by (the husband) himself on a wedded wife of equal caste (to be) a legitimate son of the body (aurasa). Now they quote also (the following verse): ‘ From the several limbs (of my body) art thou produced, from my heart art thou born; thou art “self” called a son; mayest thou live a hundred autumns.’ 15. The (male child) born of a daughter, after an agreement has been made, (one must know to be) the son of an appointed daughter (putrik4putra) ; any other (male offspring of a daughter they call) a daughter’s son (dauhitra). 16. Now they quote also (the following verse) : ‘The son of an appointed daughter should offer the first funeral cake to his mother, the second to her father, and the third to his father’s father.’ 17. He who is begotten, by another man, on the wife of a deceased man, of a eunuch, or of one (incurably) diseased, after permission (has been given), is called the son begotten on a wife (kshetraga). 13. Colebrooke, loc. cit. 14. Colebrooke V, Dig. CXCVI; Vasish#ha XVII, 13. The verse is found in the Mahabharata and elsewhere. 15. Colebrooke V, Dig. CCXIII ; Vasish##a XVII, 15-17. 17. Colebrooke V, Dig. CCXXXVII; Dayabhaga II, 60; Vasish¢ha XVII, 14. II, 25 3- INHERITANCE. 227
213. Colebrooke, loc. cit. 14. Colebrooke V, Dig. CXCVI; Vasish#ha XVII, 13. The verse is found in the Mahabharata and elsewhere. 15. Colebrooke V, Dig. CCXIII ; Vasish##a XVII, 15-17. 17. Colebrooke V, Dig. CCXXXVII; Dayabhaga II, 60; Vasish¢ha XVII, 14. II, 25 3- INHERITANCE. 227 18. Such a (son begotten on a wife) has two fathers and belongs to two families; he has a right to perform the funeral oblations, and to inherit the property of (his) two (fathers). 19. Now they quote also (the following verse) : ‘The son of two fathers shall give the funeral cakes (to his two fathers, and pronounce) two names with each oblation, and three cakes shall serve for six persons ; he who acts thus will not err.’ 20. He (is called) an adopted son (datta) who, being given by his father and his mother, or by either. of the two, is received in the place of a child. 21. He (is called) a son made (kvztrima) whom (a man) himself makes (his son), with the (adoptee’s) consent (only), and who belongs to the same caste (as the adopter). 22. He is called a son born secretly (gidkaga) who is secretly born in the house and whose (origin is) afterwards (only) recognised. 23. He is called a son cast off (apaviddha) who, being cast off by his father and his mother, or by. either (of them), is received in the place of a child 24. If anybody approaches an unmarried girl without the permission (of her father or guardian), the son born by such (a woman is called) the son of an unmarried damsel (k4nina). 18. Colebrooke Dig., loc. cit. 20. Vasish/Aa XVII, 28. . 21. Colebrooke V, Dig. CCLXXXIV; Gautama XXVIII, 32. 22. Vasish/a XVII, 24. 23. Vishnu XV, 24-25. 24. Colebrooke V, Dig. CCLXI; Vasish#ta XVII, 21-23. It must be understood that the father must belong to the same caste as the girl. Q2 228 BAUDHAYANA. IT, 2, 3. 25. If one marries either knowingly or unknowingly a pregnant bride, the child which is born of her is called (a son) taken with the bride (sahod/a). 26. He (is called a son) bought (krita) who, being purchased from his father and his mother, or from either of them, is received in the place of a child. 27. He (is called the son) of a twice-married woman (paunarbhava) who is born of a re-married female, (i.e.) of one who, having left an impotent man, has taken a second husband. 28. He (is called) a self-given (son, svayamdatta) who, abandoned by his father and his mother, gives himself (to a stranger). 29. He who is begotten by (a man of) the first twice-born (caste) on a female of the Sidra caste _ (is called) a Nish4da. 30. (He who was begotten by the same parents) through lust (is called) a Pérasava. Thus (the various kinds of) sons (have been enumerated). 31. Now they quote also (the following verses): ‘They declare the legitimate son, the son of an appointed daughter, the son begotten on a wife, the adopted son and the son made, the son born secretly and the son cast off, (to be entitled) to share the inheritance.’
331. Now they quote also (the following verses): ‘They declare the legitimate son, the son of an appointed daughter, the son begotten on a wife, the adopted son and the son made, the son born secretly and the son cast off, (to be entitled) to share the inheritance.’ 32. ‘ They declare the son of an unmarried damsel and the son received with the bride, the son bought, 25. Vasish/ha XVII, 27. 26. Colebrooke V, Dig. CCLXXXI; Vasish/ha XVII, 30-32. 247. Vasishéha XVII, 18-20. 28. Vasish/ha XVII, 33-35. 30. Colebrooke V, Dig. CCXCIII. Govinda points out that the Parasava is, according to Baudhayana, the offspring of a Sfdra concubine, not of a Sfidra wife. But see also above, I, 9, 17, 4. 31. Colebrooke V, Dig. CLXXX; Vasish/4a XVII, 25. 32. Colebrooke V, Dig. CLXXIX; Vasish/4a XVII, 26. IT, 2, 3. INHERITANCE. 229 likewise the son of a twice-married female, the son self-given and the Nish4da, to be members of the family.’ 33. Aupagandhani (declares that) the first among them alone (is entitled to inherit, and a member of his father’s family). 34. ‘Now, O Ganaka, I jealously watch my wives, (though I did) not (do it) formerly; for they have declared in Yama’s court that the son belongs to the begetter. The giver of the seed carries off the son, after death, in Yama’s hall. Therefore they carefully protect their wives, fearing the seed of strangers,’ 35. ‘Carefully watch (the procreation of your) offspring, lest strange seed fall on your soil. After death the son belongs to the begetter; through carelessness a husband makes (the procreation of) a son useless.’ 36. Let them carefully protect the shares of 33-34. Aupagandhani is one of the ancient teachers of the White Yagur-veda, mentioned in the lists incorporated in the Satapatha-brahmama XIV, 5, 5, 21; 7, 3, 26. The legends of the White Yagur-veda frequently mention king Ganaka of Videha, and assert that that philosopher king had frequent and intimate intercourse with Yagtiavalkya and other teachers of the Veda which Aditya revealed. It seems to me, therefore, highly probable that Govinda is right in taking the vocative ganaka in Sfitra 34 as a proper name, and in asserting that the verse belongs to a conversation between Aupagandhani and Ganaka. This explanation, which possibly may be based on an ancient tradition of Baudh4yana’s school, is certainly preferable to Haradatta’s statement on Apastamba II, 6, 13, 7, that these verses express the sentiments of a husband who had neglected to watch his wives, and later learned that he would not derive any spiritual benefit from their offspring. In the text of SAtra 34 I read with the Dekhan MSS. and Apastamba, loc. cit., irshy4mi, instead of ishy4mi, which M. and the commentary give. 36. Colebrooke V, Dig. CCCCLII; Vasish#za XVI, 8,9. ‘The 230 BAUDHAYANA. TI, 2, 3. those who are minors, as well as the increments (thereon). 37. Granting food, clothes, (and shelter), they shall support those who are incapable of transacting legal business,
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.
1The meaning probably is, as the Digest states, that among Brahmazas it is usual to give to the eldest a bull, among Kshatriyas a horse, and so forth. 10. Vasishtha XVII, 48-50; Vishvu XVIII, 2-40; where the several cases that can arise have been fully worked out. 11. I translate according to the reading of K., M., and the two MSS. of the commentary, aurase tfitpanne savarvds [°xas, M., K.] tretiyamsaharahk [°yamsam haret, K.] The other MSS. omit the last two words of the Sfttra. The sense of the Sfitra seems to be, that subsidiary sons of equal caste obtain a third of the estate when a legitimate son of the body is born to their father; see also Katyayana V, Dig. CCXVIII. Govinda gives the following explanation: aurasaf savarmaputras 4a vakshyante | aurasak savarndy4m samskritayam svayam utpAditah [Sftra 14] | tasminnutpanne savarnis tritiyAamsahara bhaveyus | sarvam dhanagatam tredha vibhagya tesham ekam shodasa_sampadya trin dvavekam iti kalpayet ‘ The legitimate son and the sons of equal caste will be described (below). He is called a legitimate son who is begotten by the husband himself on a wedded wife of equal caste. When such a one is born, the (other) sons of equal caste shall obtain one third share. Dividing the whole property into three parts, and making one of them sixteen (?), he shall give three, two, one.’—Govinda. 12. Colebrooke V, Dig. CLVII; Dayabhaga IX, 15. (t4] Q 226 BAUDHAYANA. II, 2, 3. a wife of the next lower caste, the son born of the wife of the next lower caste may take the share of the eldest, provided he be endowed with good qualities. 13. (A son) who possesses good qualities becomes the protector of the rest. 14. One must know a son begotten by (the husband) himself on a wedded wife of equal caste (to be) a legitimate son of the body (aurasa). Now they quote also (the following verse): ‘ From the several limbs (of my body) art thou produced, from my heart art thou born; thou art “self” called a son; mayest thou live a hundred autumns.’ 15. The (male child) born of a daughter, after an agreement has been made, (one must know to be) the son of an appointed daughter (putrik4putra) ; any other (male offspring of a daughter they call) a daughter’s son (dauhitra). 16. Now they quote also (the following verse) : ‘The son of an appointed daughter should offer the first funeral cake to his mother, the second to her father, and the third to his father’s father.’ 17. He who is begotten, by another man, on the wife of a deceased man, of a eunuch, or of one (incurably) diseased, after permission (has been given), is called the son begotten on a wife (kshetraga). 13. Colebrooke, loc. cit. 14. Colebrooke V, Dig. CXCVI; Vasish#ha XVII, 13. The verse is found in the Mahabharata and elsewhere. 15. Colebrooke V, Dig. CCXIII ; Vasish##a XVII, 15-17. 17. Colebrooke V, Dig. CCXXXVII; Dayabhaga II, 60; Vasish¢ha XVII, 14. II, 25 3- INHERITANCE. 227
213. Colebrooke, loc. cit. 14. Colebrooke V, Dig. CXCVI; Vasish#ha XVII, 13. The verse is found in the Mahabharata and elsewhere. 15. Colebrooke V, Dig. CCXIII ; Vasish##a XVII, 15-17. 17. Colebrooke V, Dig. CCXXXVII; Dayabhaga II, 60; Vasish¢ha XVII, 14. II, 25 3- INHERITANCE. 227 18. Such a (son begotten on a wife) has two fathers and belongs to two families; he has a right to perform the funeral oblations, and to inherit the property of (his) two (fathers). 19. Now they quote also (the following verse) : ‘The son of two fathers shall give the funeral cakes (to his two fathers, and pronounce) two names with each oblation, and three cakes shall serve for six persons ; he who acts thus will not err.’ 20. He (is called) an adopted son (datta) who, being given by his father and his mother, or by either. of the two, is received in the place of a child. 21. He (is called) a son made (kvztrima) whom (a man) himself makes (his son), with the (adoptee’s) consent (only), and who belongs to the same caste (as the adopter). 22. He is called a son born secretly (gidkaga) who is secretly born in the house and whose (origin is) afterwards (only) recognised. 23. He is called a son cast off (apaviddha) who, being cast off by his father and his mother, or by. either (of them), is received in the place of a child 24. If anybody approaches an unmarried girl without the permission (of her father or guardian), the son born by such (a woman is called) the son of an unmarried damsel (k4nina). 18. Colebrooke Dig., loc. cit. 20. Vasish/Aa XVII, 28. . 21. Colebrooke V, Dig. CCLXXXIV; Gautama XXVIII, 32. 22. Vasish/a XVII, 24. 23. Vishnu XV, 24-25. 24. Colebrooke V, Dig. CCLXI; Vasish#ta XVII, 21-23. It must be understood that the father must belong to the same caste as the girl. Q2 228 BAUDHAYANA. IT, 2, 3. 25. If one marries either knowingly or unknowingly a pregnant bride, the child which is born of her is called (a son) taken with the bride (sahod/a). 26. He (is called a son) bought (krita) who, being purchased from his father and his mother, or from either of them, is received in the place of a child. 27. He (is called the son) of a twice-married woman (paunarbhava) who is born of a re-married female, (i.e.) of one who, having left an impotent man, has taken a second husband. 28. He (is called) a self-given (son, svayamdatta) who, abandoned by his father and his mother, gives himself (to a stranger). 29. He who is begotten by (a man of) the first twice-born (caste) on a female of the Sidra caste _ (is called) a Nish4da. 30. (He who was begotten by the same parents) through lust (is called) a Pérasava. Thus (the various kinds of) sons (have been enumerated). 31. Now they quote also (the following verses): ‘They declare the legitimate son, the son of an appointed daughter, the son begotten on a wife, the adopted son and the son made, the son born secretly and the son cast off, (to be entitled) to share the inheritance.’
331. Now they quote also (the following verses): ‘They declare the legitimate son, the son of an appointed daughter, the son begotten on a wife, the adopted son and the son made, the son born secretly and the son cast off, (to be entitled) to share the inheritance.’ 32. ‘ They declare the son of an unmarried damsel and the son received with the bride, the son bought, 25. Vasish/ha XVII, 27. 26. Colebrooke V, Dig. CCLXXXI; Vasish/ha XVII, 30-32. 247. Vasishéha XVII, 18-20. 28. Vasish/ha XVII, 33-35. 30. Colebrooke V, Dig. CCXCIII. Govinda points out that the Parasava is, according to Baudhayana, the offspring of a Sfdra concubine, not of a Sfidra wife. But see also above, I, 9, 17, 4. 31. Colebrooke V, Dig. CLXXX; Vasish/4a XVII, 25. 32. Colebrooke V, Dig. CLXXIX; Vasish/4a XVII, 26. IT, 2, 3. INHERITANCE. 229 likewise the son of a twice-married female, the son self-given and the Nish4da, to be members of the family.’ 33. Aupagandhani (declares that) the first among them alone (is entitled to inherit, and a member of his father’s family). 34. ‘Now, O Ganaka, I jealously watch my wives, (though I did) not (do it) formerly; for they have declared in Yama’s court that the son belongs to the begetter. The giver of the seed carries off the son, after death, in Yama’s hall. Therefore they carefully protect their wives, fearing the seed of strangers,’ 35. ‘Carefully watch (the procreation of your) offspring, lest strange seed fall on your soil. After death the son belongs to the begetter; through carelessness a husband makes (the procreation of) a son useless.’ 36. Let them carefully protect the shares of 33-34. Aupagandhani is one of the ancient teachers of the White Yagur-veda, mentioned in the lists incorporated in the Satapatha-brahmama XIV, 5, 5, 21; 7, 3, 26. The legends of the White Yagur-veda frequently mention king Ganaka of Videha, and assert that that philosopher king had frequent and intimate intercourse with Yagtiavalkya and other teachers of the Veda which Aditya revealed. It seems to me, therefore, highly probable that Govinda is right in taking the vocative ganaka in Sfitra 34 as a proper name, and in asserting that the verse belongs to a conversation between Aupagandhani and Ganaka. This explanation, which possibly may be based on an ancient tradition of Baudh4yana’s school, is certainly preferable to Haradatta’s statement on Apastamba II, 6, 13, 7, that these verses express the sentiments of a husband who had neglected to watch his wives, and later learned that he would not derive any spiritual benefit from their offspring. In the text of SAtra 34 I read with the Dekhan MSS. and Apastamba, loc. cit., irshy4mi, instead of ishy4mi, which M. and the commentary give. 36. Colebrooke V, Dig. CCCCLII; Vasish#za XVI, 8,9. ‘The 230 BAUDHAYANA. TI, 2, 3. those who are minors, as well as the increments (thereon). 37. Granting food, clothes, (and shelter), they shall support those who are incapable of transacting legal business,
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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