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Romanised transliteration as printed by the translator, not the original script. This is what we hold.
1173. If one marries, either knowingly or unknowingly, a pregnant (bride), the child in her womb belongs to him who weds her, and is called (a son) received with the bride (Sahodha). 174. If a man buys a (boy), whether equal or unequal (in good qualities), from his father and mother for the sake of having a son, that (child) is called a (son) bought (Kritaka). 175. If a woman abandoned by her husband, or a widow, of her own accord contracts a second marriage and bears (a son), he is called the son of a re-married woman (Paunarbhava). 176. If she be (still) a virgin, or one who returned (to her first husband) after leaving him, she is worthy to again perform with her second (or first deserted) husband the (nuptial) ceremony. II, 132. The reason of the desertion may be either extreme distress of the parents, or the commission of some fault on the part of the boy (Medh.). ‘Provided the father of the child was of equal caste’ (Nar., Nand.) 172. Vas. XVII, 22-23; Baudh. II, 3, 24; Vi. XV, 10-11; Yagi. II, 129. ‘Provided the lover was of equal or higher caste’ (N4r.). 173. Vas. XVII, 26-27; Baudh. II, 3, 25 ; Vi. XV, 15-16; Yagi. II, 131. Medh.’s commentary on verses 173-178 is missing in the I. O. copies. 174. Vas, XVII, 30-32 ; Baudh. II, 3, 26; Vi. XV, 20-21 ; Yagi. II, 131. ‘Equal or unequal,’ i. e. ‘by good qualities, not by caste’ (Kull, Ragh. ), means according to N4r. ‘whether of equal or of lower caste.’ 175. Was. XVII, 18; Baudh. II, 3, 27; Vi. XV, 1-9; Yagi. II, 130. 176. Vas. XVII, 74. ‘Hence a re-married woman, who is not a 364 LAWS OF MANU. IX, 177. 177. He who, having lost his parents or being abandoned (by them) without (just) cause, gives himself to a (man), is called a son self-given (Svayamdatta). 178. The son whoma Brahmaza begets through lust ona Stdra female is, (though)alive (p4rayan),a corpse (sava), and hence called a Parasava (a living corpse). 179. A son who is (begotten) by a Sfdra on a female slave, or on the female slave of his slave, may, if permitted (by his father), take a share (of the inheritance); thus the law is settled. 180. These eleven, the son begotten on the wife and the rest as enumerated (above), the wise call substitutes for a son, (taken) in order (to prevent) a failure of the (funeral) ceremonies. 181. Those sons, who have been mentioned in connection with (the legitimate son of the body), virgin, is unworthy of the sacrament’ (Nar.). R4gh., relying on Yagi. II, 130, expresses the contrary view, and thinks that the word v4, ‘or,’ at the end of the first half-verse, permits the insertion of ‘or not a virgin.’ 177. Vas. XVII, 33-35 ; Baudh. II, 3, 28; Vi. XV, 22-23; Yagi. II, 131.
2R4gh., relying on Yagi. II, 130, expresses the contrary view, and thinks that the word v4, ‘or,’ at the end of the first half-verse, permits the insertion of ‘or not a virgin.’ 177. Vas. XVII, 33-35 ; Baudh. II, 3, 28; Vi. XV, 22-23; Yagi. II, 131. 178. Vas. XVII, 38; Baudh. II, 3, 30; Vi. XV, 27. ‘Ona Sfdra-female’ i. e. ‘one married to him’ (Kull.). The designation “a corpse’ indicates that his father derives imperfect benefits from his offerings (Kull., Nar., Ragh.), or that he is blameable (Ragh.). The term Braéhmama includes Kshatriyas by implication (Nar.). 179. YAgh. II, 133. ‘A share,’ i.e.‘a share equal to that of a legitimate son’ (Kull.), in case the division is made in the father’s lifetime, else half a share according to Yagi. (Medh.). 180. Kriyalop4t, ‘in (order to prevent) a failure of the (funeral) ceremonies,’ means according to Medh. ‘in (order to prevent) a failure of the duty (to beget offspring).’ Kull. mentions this explanation also. Nand. says, ‘ when there is no legitimateness in consequence of the absence of the action of begetting one.’ 181. Ap. II, 13, 7; Baudh. II, 3, 34-35. Hence they should not IX, 18g. INHERITANCE. 365 being begotten by strangers, belong (in reality) to him from whose seed they sprang, but not to the other (man who took them). 182. If among brothers, sprung from one (father), one have a son, Manu has declared them all to have male offspring through that son. 183. If among all ‘the wives of one husband one have a son, Manu declares them all (to be) mothers of male children through that son. 184. On failure of each better (son), each next inferior (one) is worthy of the inheritance; but if there be many (of) equal (rank), they shall all share the estate. 185. Not brothers, nor fathers, (but) sons take the paternal estate; but the father shall take the inheritance of (a son) who leaves no male issue, and his brothers. be taken, if there is a legitimate son (Medh.), or an appointed daughter (Kull.). 182. Vas. XVII, 10; Vi. XV, 42. Hence no subsidiary sons (Kull., Ragh.), or no Kshetragas (N4r.), are necessary in such a case. Kull. and R4gh. add that the brother will take estate and give the funeral offerings on failure of a wife, daughters, and so forth (Yagi. II, 135). 183. Vas. XVII, 11; Vi. XV, 41. Hence no adoption or other substitution (Kull., Ragh.), or no appointment (N4r.), shall be made in such a case. 184. ‘Each better (son),’ i.e.‘each earlier named among the ‘twelve’ (Kull., Nar., Ragh., Nand.). Kull. and Ragh. add that, as the son of a Sfidra wife is enumerated among the twelve, and not considered like the son of Kshatriya and Vaisya wives a legitimate son, he inherits only on failure of all other subsidiary sons. ‘Many (of) equal rank,’ i.e. ‘many Paunarbhavas and so forth’ (Kull., Ragh.).
3and Ragh. add that, as the son of a Sfidra wife is enumerated among the twelve, and not considered like the son of Kshatriya and Vaisya wives a legitimate son, he inherits only on failure of all other subsidiary sons. ‘Many (of) equal rank,’ i.e. ‘many Paunarbhavas and so forth’ (Kull., Ragh.). 185. Kull. and R4gh. insert after ‘who leaves no son,’ ‘nor widow and daughters,’ and before ‘brothers,’ ‘who leaves no parents.’ N4&r., who (as also Gov., Nand., and K.) reads eva va, ‘or brothers,’ says that the father inherits the estate of an undivided 366 LAWS OF MANU. TX, 186. 186. To three (ancestors) water must be offered, to three the funeral cake is given, the fourth (descendant is) the giver of these (oblations), the fifth has no connection (with them). 187, Always to that (relative within three degrees) who is nearest to the (deceased) Sapizda the
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.
1173. If one marries, either knowingly or unknowingly, a pregnant (bride), the child in her womb belongs to him who weds her, and is called (a son) received with the bride (Sahodha). 174. If a man buys a (boy), whether equal or unequal (in good qualities), from his father and mother for the sake of having a son, that (child) is called a (son) bought (Kritaka). 175. If a woman abandoned by her husband, or a widow, of her own accord contracts a second marriage and bears (a son), he is called the son of a re-married woman (Paunarbhava). 176. If she be (still) a virgin, or one who returned (to her first husband) after leaving him, she is worthy to again perform with her second (or first deserted) husband the (nuptial) ceremony. II, 132. The reason of the desertion may be either extreme distress of the parents, or the commission of some fault on the part of the boy (Medh.). ‘Provided the father of the child was of equal caste’ (Nar., Nand.) 172. Vas. XVII, 22-23; Baudh. II, 3, 24; Vi. XV, 10-11; Yagi. II, 129. ‘Provided the lover was of equal or higher caste’ (N4r.). 173. Vas. XVII, 26-27; Baudh. II, 3, 25 ; Vi. XV, 15-16; Yagi. II, 131. Medh.’s commentary on verses 173-178 is missing in the I. O. copies. 174. Vas, XVII, 30-32 ; Baudh. II, 3, 26; Vi. XV, 20-21 ; Yagi. II, 131. ‘Equal or unequal,’ i. e. ‘by good qualities, not by caste’ (Kull, Ragh. ), means according to N4r. ‘whether of equal or of lower caste.’ 175. Was. XVII, 18; Baudh. II, 3, 27; Vi. XV, 1-9; Yagi. II, 130. 176. Vas. XVII, 74. ‘Hence a re-married woman, who is not a 364 LAWS OF MANU. IX, 177. 177. He who, having lost his parents or being abandoned (by them) without (just) cause, gives himself to a (man), is called a son self-given (Svayamdatta). 178. The son whoma Brahmaza begets through lust ona Stdra female is, (though)alive (p4rayan),a corpse (sava), and hence called a Parasava (a living corpse). 179. A son who is (begotten) by a Sfdra on a female slave, or on the female slave of his slave, may, if permitted (by his father), take a share (of the inheritance); thus the law is settled. 180. These eleven, the son begotten on the wife and the rest as enumerated (above), the wise call substitutes for a son, (taken) in order (to prevent) a failure of the (funeral) ceremonies. 181. Those sons, who have been mentioned in connection with (the legitimate son of the body), virgin, is unworthy of the sacrament’ (Nar.). R4gh., relying on Yagi. II, 130, expresses the contrary view, and thinks that the word v4, ‘or,’ at the end of the first half-verse, permits the insertion of ‘or not a virgin.’ 177. Vas. XVII, 33-35 ; Baudh. II, 3, 28; Vi. XV, 22-23; Yagi. II, 131.
2R4gh., relying on Yagi. II, 130, expresses the contrary view, and thinks that the word v4, ‘or,’ at the end of the first half-verse, permits the insertion of ‘or not a virgin.’ 177. Vas. XVII, 33-35 ; Baudh. II, 3, 28; Vi. XV, 22-23; Yagi. II, 131. 178. Vas. XVII, 38; Baudh. II, 3, 30; Vi. XV, 27. ‘Ona Sfdra-female’ i. e. ‘one married to him’ (Kull.). The designation “a corpse’ indicates that his father derives imperfect benefits from his offerings (Kull., Nar., Ragh.), or that he is blameable (Ragh.). The term Braéhmama includes Kshatriyas by implication (Nar.). 179. YAgh. II, 133. ‘A share,’ i.e.‘a share equal to that of a legitimate son’ (Kull.), in case the division is made in the father’s lifetime, else half a share according to Yagi. (Medh.). 180. Kriyalop4t, ‘in (order to prevent) a failure of the (funeral) ceremonies,’ means according to Medh. ‘in (order to prevent) a failure of the duty (to beget offspring).’ Kull. mentions this explanation also. Nand. says, ‘ when there is no legitimateness in consequence of the absence of the action of begetting one.’ 181. Ap. II, 13, 7; Baudh. II, 3, 34-35. Hence they should not IX, 18g. INHERITANCE. 365 being begotten by strangers, belong (in reality) to him from whose seed they sprang, but not to the other (man who took them). 182. If among brothers, sprung from one (father), one have a son, Manu has declared them all to have male offspring through that son. 183. If among all ‘the wives of one husband one have a son, Manu declares them all (to be) mothers of male children through that son. 184. On failure of each better (son), each next inferior (one) is worthy of the inheritance; but if there be many (of) equal (rank), they shall all share the estate. 185. Not brothers, nor fathers, (but) sons take the paternal estate; but the father shall take the inheritance of (a son) who leaves no male issue, and his brothers. be taken, if there is a legitimate son (Medh.), or an appointed daughter (Kull.). 182. Vas. XVII, 10; Vi. XV, 42. Hence no subsidiary sons (Kull., Ragh.), or no Kshetragas (N4r.), are necessary in such a case. Kull. and R4gh. add that the brother will take estate and give the funeral offerings on failure of a wife, daughters, and so forth (Yagi. II, 135). 183. Vas. XVII, 11; Vi. XV, 41. Hence no adoption or other substitution (Kull., Ragh.), or no appointment (N4r.), shall be made in such a case. 184. ‘Each better (son),’ i.e.‘each earlier named among the ‘twelve’ (Kull., Nar., Ragh., Nand.). Kull. and Ragh. add that, as the son of a Sfidra wife is enumerated among the twelve, and not considered like the son of Kshatriya and Vaisya wives a legitimate son, he inherits only on failure of all other subsidiary sons. ‘Many (of) equal rank,’ i.e. ‘many Paunarbhavas and so forth’ (Kull., Ragh.).
3and Ragh. add that, as the son of a Sfidra wife is enumerated among the twelve, and not considered like the son of Kshatriya and Vaisya wives a legitimate son, he inherits only on failure of all other subsidiary sons. ‘Many (of) equal rank,’ i.e. ‘many Paunarbhavas and so forth’ (Kull., Ragh.). 185. Kull. and R4gh. insert after ‘who leaves no son,’ ‘nor widow and daughters,’ and before ‘brothers,’ ‘who leaves no parents.’ N4&r., who (as also Gov., Nand., and K.) reads eva va, ‘or brothers,’ says that the father inherits the estate of an undivided 366 LAWS OF MANU. TX, 186. 186. To three (ancestors) water must be offered, to three the funeral cake is given, the fourth (descendant is) the giver of these (oblations), the fifth has no connection (with them). 187, Always to that (relative within three degrees) who is nearest to the (deceased) Sapizda the
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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