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Romanised transliteration as printed by the translator, not the original script. This is what we hold.
18. All sons of the twice-born, begotten on women equal in caste (to their husbands), shall take equal shares, after giving a preferential share to the eldest. 9. He who is the first by birth, sacred knowledge, or good qualities, shall take a couple of shares out of the partible wealth, and the rest shall take equal shares; but he stands to them in the relation of a father, as it were. 10. When they divide their father’s heritage, all the sons shall share alike ; but he who is distinguished by sacred knowledge and virtue, shall obtain a greater share (than the rest). 11, They are parents in the true sense of the term who have a son whose fame is spread in the world for sacred knowledge, cleverness, valour, wealth, and for knowledge, liberality, and pious acts. 12. In property belonging to the grandfather which had been taken away and has been (afterwards) recovered by the father through his own 7. Col. Dig. V, 1, 30; D. II, 80. 8. Col. Dig. V,1, 53; D. II, 42. g. Col. Dig. V, 1, 45; D. I, 42; V. p. 67; Viv. p. 235. 10. Col. Dig. V, 1, 67; V, 3, 116. 11. Col. Dig. V, 3,116; Ratn. p. 484. 12, 13. Col. Dig. V, 2, 90; D. VI, 2, 34; V. p.126; May. p. 40; Ratn. p. 461. Some compilations read bhagam, ‘ withhold it from partition,’ for bhogam, ‘consume it.’ Bb2 372 BRIHASPATI. XXV, 13 ability, as well as in property acquired by sacred knowledge, valour in arms, &c., the father’s ownership has been declared. 13. He may make a gift out of that property, or even consume it, at his will. But in his default, his sons are pronounced to be equal sharers. 14. Whatever has been acquired by all together, in that property they all have equal shares. Their sons, whether unequal or equal (in number), are declared (to be) heirs of the shares of their (respective) fathers. 15. When there are many sons sprung from one father, equal in caste and number, but born of different mothers, a legal division (of the property) may be effected by adjusting the shares according to the mothers. 16. (When there are several brothers) equal in caste, but varying in number (of sons begotten with each wife), a division according to males is ordained. 17. When step-brothers born of different mothers or uterine brothers have come to a division with their father, afterborn brothers shall take their father’s share. 18. A son born before (partition) has no claim to the paternal wealth ; nor (can) a brother's wealth (be claimed by) one born after partition. 19. Whatever has been acquired, with his own 14. Ratn. p. 481; Apararka. 15- Col. Dig. V, 1,62; D. III, 1,12; May. p. 46; V. p. 76; Ratn. p. 975. 16. Col. Dig. V, 1, 63; May. p. 46; V. p. 76. 17, 18. Col. Dig. V, 2, 100; D. VII, 5; V. p. 93; Ratn. p. 538. 18. M.I, 6, 4; V. p. 21g. 19. M. I, 6, 6; Col. Dig. V, 7, 392. XXV, 25. THE LAW OF INHERITANCE. 373
215- Col. Dig. V, 1,62; D. III, 1,12; May. p. 46; V. p. 76; Ratn. p. 975. 16. Col. Dig. V, 1, 63; May. p. 46; V. p. 76. 17, 18. Col. Dig. V, 2, 100; D. VII, 5; V. p. 93; Ratn. p. 538. 18. M.I, 6, 4; V. p. 21g. 19. M. I, 6, 6; Col. Dig. V, 7, 392. XXV, 25. THE LAW OF INHERITANCE. 373 effort, by a father who has come to a partition with his sons, all that belongs to the son born after partition. Those born before it are declared to have no right. 20. In regard to the property as well as regards debts, gifts, pledges, and purchases, they are independent of each other, excepting impurity (caused by a death) and offerings consisting of water libations. 21. Should there be younger brothers, whose initiation has not been performed, they must be initiated by the other brothers (the expense being defrayed) out of the family property (inherited) from the father. 22. Whether partition has or has not been made, whenever an heir comes forward, he shall receive a share of such wealth as he can prove to be the joint property (of the family). 23. Whether it be a debt, or a document, or house, or field, which has been inherited from the paternal grandfather, he shall take his proper share of it, when he returns after a protracted absence even. 24. When a man has gone abroad, leaving the joint estate of his family, his share must undoubtedly be given to his descendant who has returned from abroad. 25. Whether he be the third or the fifth or even the seventh in descent, he shall receive the share belonging to him by right of succession, his 19,20. Ratn. p.539; May. p. 47; D.VII, 6; V. pp. 93, 219. 21. Col. Dig. V, 3,132; May. p. 48; V. p. 86; Viv. p. 277. 22-26. Col. Dig. V, 7, 394; D. VIII, 1-3; Ratn. p. 540. 24-26. Viv. p. 241. 25. May. p. 46. 374 BRIHASPATL. XXV, 26: birth and family name having been ascertained (first). 26. He whom indigenous inhabitants and neighbours know to be the (legal) owner, to the descendants of that man must the land be surrendered by his kinsmen, when they make their appearance. 27. Let Brahmans, Kshatriyas, Vaisyas, and Sddras, begotten in order by a Brahman, take four, three, two shares, and one share, in succession. 28. Let those begotten by a Kshatriya (take) three shares, two shares, and one share (respectively). Let those begotten by a Vaisya take two shares and one share. 29. The son by a Kshatriya wife, if elder by birth and endowed with superior qualities, shall take an equal share with the Brahman (son) ; and so shall a son by a Vaisya wife (share equally) with a Kshatriya son. 30. Land obtained by acceptance of a gift must never be given to the son of a Kshatriya woman or other (wife inferior in caste to her husband). Though their father may have given it to them, the son by a Brahman wife shall take it after the death (of the father).
330. Land obtained by acceptance of a gift must never be given to the son of a Kshatriya woman or other (wife inferior in caste to her husband). Though their father may have given it to them, the son by a Brahman wife shall take it after the death (of the father). 31. An obedient and excellent son of a man having no other male issue, shall receive a maintenance (though he be born) of a Saddra woman ; let the Sapizdas take the remainder. 24. Uggvala, p. 79; Varadaraga, p. 19. 28. Varadaraga, p. 19. 2g. Col. Dig. V, 3, 156; D. IX, 15; V. p. 98. 30. Col. Dig. V, 3,161; D. IX,19; M. I, 4, 36, I, 8, 8; May. p. 46; V. p. 99; Viv. p. 272. 31. Col. Dig. V, 3, 168; D. IX, 28; Viv. p. 274; May. p. 47. \ XXV, 37. THE LAW OF INHERITANCE. 375 32. A son begotten with a Sfidra woman by a twice-born man is not entitled to a share of the landed property; one begotten with a woman of equal caste shall take all- Thus has the law been settled. 33. Of the thirteen sons mentioned in succession by Manu, the legitimate son of the body (Aurasa) and the appointed daughter (Putrik4) continue the family. 34. As in default of ghee, oil is admitted by the virtuous as a substitute (at sacrifices), so are the eleven sons (admitted as substitutes), in default of a legitimate son of the body and of an appointed daughter. 35. No one but a legitimate son of the body is declared to be heir of his father’s wealth. An appointed daughter is said to be equal to him. All the others are stated to have a claim to maintenance (only). 36. Because a son (Putra) saves his father from the hell called Put by the very sight of his face, therefore should a man be anxious to beget a son. - 37. Both a son’s son and the son of an appointed daughter cause a man to attain heaven. Both are pronounced to be equal as regards their right of inheritance and the duty of offering funeral balls of meal (Pizdas). 32. Col. Dig. V, 3,164; V.p.99; Ratn. p.534. The Ratnakara after this text inserts two other texts on the right of a Nishada son, which are elsewhere attributed to Devala. 33, 34. V.p.120. See Manu IX, 126, 158-160. 35. Col. Dig. V, 4, 215; Viv. p. 285; V. p. 121. 36. Col. Dig. V, 4, 304. punnémno narakat putrad pitaram trayate yatah | mukhasamdarsanen4pi tadutpattau yateta sah 37. Col. Dig. V, 4, 304; Uggvala, p. 80. 376 BRIHASPATI. XXV, 38. 38. Gautama has declared that a daughter is appointed after performing a sacrifice to Agni and Pragapati; others have said that she is an appointed daughter (Putrik4) who was merely supposed to be one (before her birth) by a man having no male issue. 39. The other sons, beginning with the son begotten on a wife (Kshetraga), shall (respectively) take a fifth, a sixth, and a seventh part. 40. The son given, the son cast off, the son bought, the son made (or adopted), the son by a Sidra wife: these, when pure by caste and irreproachable as to their conduct, are considered sons of middle rank.
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.
18. All sons of the twice-born, begotten on women equal in caste (to their husbands), shall take equal shares, after giving a preferential share to the eldest. 9. He who is the first by birth, sacred knowledge, or good qualities, shall take a couple of shares out of the partible wealth, and the rest shall take equal shares; but he stands to them in the relation of a father, as it were. 10. When they divide their father’s heritage, all the sons shall share alike ; but he who is distinguished by sacred knowledge and virtue, shall obtain a greater share (than the rest). 11, They are parents in the true sense of the term who have a son whose fame is spread in the world for sacred knowledge, cleverness, valour, wealth, and for knowledge, liberality, and pious acts. 12. In property belonging to the grandfather which had been taken away and has been (afterwards) recovered by the father through his own 7. Col. Dig. V, 1, 30; D. II, 80. 8. Col. Dig. V,1, 53; D. II, 42. g. Col. Dig. V, 1, 45; D. I, 42; V. p. 67; Viv. p. 235. 10. Col. Dig. V, 1, 67; V, 3, 116. 11. Col. Dig. V, 3,116; Ratn. p. 484. 12, 13. Col. Dig. V, 2, 90; D. VI, 2, 34; V. p.126; May. p. 40; Ratn. p. 461. Some compilations read bhagam, ‘ withhold it from partition,’ for bhogam, ‘consume it.’ Bb2 372 BRIHASPATI. XXV, 13 ability, as well as in property acquired by sacred knowledge, valour in arms, &c., the father’s ownership has been declared. 13. He may make a gift out of that property, or even consume it, at his will. But in his default, his sons are pronounced to be equal sharers. 14. Whatever has been acquired by all together, in that property they all have equal shares. Their sons, whether unequal or equal (in number), are declared (to be) heirs of the shares of their (respective) fathers. 15. When there are many sons sprung from one father, equal in caste and number, but born of different mothers, a legal division (of the property) may be effected by adjusting the shares according to the mothers. 16. (When there are several brothers) equal in caste, but varying in number (of sons begotten with each wife), a division according to males is ordained. 17. When step-brothers born of different mothers or uterine brothers have come to a division with their father, afterborn brothers shall take their father’s share. 18. A son born before (partition) has no claim to the paternal wealth ; nor (can) a brother's wealth (be claimed by) one born after partition. 19. Whatever has been acquired, with his own 14. Ratn. p. 481; Apararka. 15- Col. Dig. V, 1,62; D. III, 1,12; May. p. 46; V. p. 76; Ratn. p. 975. 16. Col. Dig. V, 1, 63; May. p. 46; V. p. 76. 17, 18. Col. Dig. V, 2, 100; D. VII, 5; V. p. 93; Ratn. p. 538. 18. M.I, 6, 4; V. p. 21g. 19. M. I, 6, 6; Col. Dig. V, 7, 392. XXV, 25. THE LAW OF INHERITANCE. 373
215- Col. Dig. V, 1,62; D. III, 1,12; May. p. 46; V. p. 76; Ratn. p. 975. 16. Col. Dig. V, 1, 63; May. p. 46; V. p. 76. 17, 18. Col. Dig. V, 2, 100; D. VII, 5; V. p. 93; Ratn. p. 538. 18. M.I, 6, 4; V. p. 21g. 19. M. I, 6, 6; Col. Dig. V, 7, 392. XXV, 25. THE LAW OF INHERITANCE. 373 effort, by a father who has come to a partition with his sons, all that belongs to the son born after partition. Those born before it are declared to have no right. 20. In regard to the property as well as regards debts, gifts, pledges, and purchases, they are independent of each other, excepting impurity (caused by a death) and offerings consisting of water libations. 21. Should there be younger brothers, whose initiation has not been performed, they must be initiated by the other brothers (the expense being defrayed) out of the family property (inherited) from the father. 22. Whether partition has or has not been made, whenever an heir comes forward, he shall receive a share of such wealth as he can prove to be the joint property (of the family). 23. Whether it be a debt, or a document, or house, or field, which has been inherited from the paternal grandfather, he shall take his proper share of it, when he returns after a protracted absence even. 24. When a man has gone abroad, leaving the joint estate of his family, his share must undoubtedly be given to his descendant who has returned from abroad. 25. Whether he be the third or the fifth or even the seventh in descent, he shall receive the share belonging to him by right of succession, his 19,20. Ratn. p.539; May. p. 47; D.VII, 6; V. pp. 93, 219. 21. Col. Dig. V, 3,132; May. p. 48; V. p. 86; Viv. p. 277. 22-26. Col. Dig. V, 7, 394; D. VIII, 1-3; Ratn. p. 540. 24-26. Viv. p. 241. 25. May. p. 46. 374 BRIHASPATL. XXV, 26: birth and family name having been ascertained (first). 26. He whom indigenous inhabitants and neighbours know to be the (legal) owner, to the descendants of that man must the land be surrendered by his kinsmen, when they make their appearance. 27. Let Brahmans, Kshatriyas, Vaisyas, and Sddras, begotten in order by a Brahman, take four, three, two shares, and one share, in succession. 28. Let those begotten by a Kshatriya (take) three shares, two shares, and one share (respectively). Let those begotten by a Vaisya take two shares and one share. 29. The son by a Kshatriya wife, if elder by birth and endowed with superior qualities, shall take an equal share with the Brahman (son) ; and so shall a son by a Vaisya wife (share equally) with a Kshatriya son. 30. Land obtained by acceptance of a gift must never be given to the son of a Kshatriya woman or other (wife inferior in caste to her husband). Though their father may have given it to them, the son by a Brahman wife shall take it after the death (of the father).
330. Land obtained by acceptance of a gift must never be given to the son of a Kshatriya woman or other (wife inferior in caste to her husband). Though their father may have given it to them, the son by a Brahman wife shall take it after the death (of the father). 31. An obedient and excellent son of a man having no other male issue, shall receive a maintenance (though he be born) of a Saddra woman ; let the Sapizdas take the remainder. 24. Uggvala, p. 79; Varadaraga, p. 19. 28. Varadaraga, p. 19. 2g. Col. Dig. V, 3, 156; D. IX, 15; V. p. 98. 30. Col. Dig. V, 3,161; D. IX,19; M. I, 4, 36, I, 8, 8; May. p. 46; V. p. 99; Viv. p. 272. 31. Col. Dig. V, 3, 168; D. IX, 28; Viv. p. 274; May. p. 47. \ XXV, 37. THE LAW OF INHERITANCE. 375 32. A son begotten with a Sfidra woman by a twice-born man is not entitled to a share of the landed property; one begotten with a woman of equal caste shall take all- Thus has the law been settled. 33. Of the thirteen sons mentioned in succession by Manu, the legitimate son of the body (Aurasa) and the appointed daughter (Putrik4) continue the family. 34. As in default of ghee, oil is admitted by the virtuous as a substitute (at sacrifices), so are the eleven sons (admitted as substitutes), in default of a legitimate son of the body and of an appointed daughter. 35. No one but a legitimate son of the body is declared to be heir of his father’s wealth. An appointed daughter is said to be equal to him. All the others are stated to have a claim to maintenance (only). 36. Because a son (Putra) saves his father from the hell called Put by the very sight of his face, therefore should a man be anxious to beget a son. - 37. Both a son’s son and the son of an appointed daughter cause a man to attain heaven. Both are pronounced to be equal as regards their right of inheritance and the duty of offering funeral balls of meal (Pizdas). 32. Col. Dig. V, 3,164; V.p.99; Ratn. p.534. The Ratnakara after this text inserts two other texts on the right of a Nishada son, which are elsewhere attributed to Devala. 33, 34. V.p.120. See Manu IX, 126, 158-160. 35. Col. Dig. V, 4, 215; Viv. p. 285; V. p. 121. 36. Col. Dig. V, 4, 304. punnémno narakat putrad pitaram trayate yatah | mukhasamdarsanen4pi tadutpattau yateta sah 37. Col. Dig. V, 4, 304; Uggvala, p. 80. 376 BRIHASPATI. XXV, 38. 38. Gautama has declared that a daughter is appointed after performing a sacrifice to Agni and Pragapati; others have said that she is an appointed daughter (Putrik4) who was merely supposed to be one (before her birth) by a man having no male issue. 39. The other sons, beginning with the son begotten on a wife (Kshetraga), shall (respectively) take a fifth, a sixth, and a seventh part. 40. The son given, the son cast off, the son bought, the son made (or adopted), the son by a Sidra wife: these, when pure by caste and irreproachable as to their conduct, are considered sons of middle rank.
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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