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Romanised transliteration as printed by the translator, not the original script. This is what we hold.
140. 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. 41. The son begotten on a wife (Kshetraga) is despised by the virtuous; and so are the son begotten on a woman twice married, the son of an unmarried damsel, the son received with the wife, and the son secretly born. 42. Though born of a wife of the same caste, a son destitute of good qualities is unworthy to obtain the paternal wealth; it shall go to those learned (kinsmen) who offer the funeral ball of meal (Pisda) for the father. 43. A son redeems his father from the highest 38. Col. Dig. V, 4, 225; Ratn. p. 562. See Gautama XXVIII, 18. 39. Col. Dig. V, 4, 246; Ratn. p. 545; V. p.125. The Viramitrodaya reads samabhaginak for sapta bhaginah, ‘The other five or six sons beginning with the wife’s son are equal sharers.’ Regarding the wife’s son (Kshetraga), see Manu IX, 167; Brzhaspati XXIV, 12-14. 40, 41. Col. Dig. V, 4, 202; V. p.128; Ratn. p. 552. 42, 43. May. p. ror. 42-45. Col. Dig.V, 4,264; V, 319; D.V,4; V. p.256; Viv. p.242. XXV, 50. THE LAW OF INHERITANCE, 377 and lowest debts; consequently there is no use of him who acts otherwise. 44. What can be done with a cow which neither gives milk nor is (ever) pregnant? What is the good of a son being born who is neither learned nor virtuous ? 45. A son who is destitute of learning, valour, and wealth, void of devotion and insight, and unobservant of good custom, such a son is declared to be no better than urine and fzeces. 46. In the revealed texts (of the Veda), in the traditional law (of the Smr“tis), and in popular usage, the wife is declared to be half the body (of her husband), equally sharing the outcome of good and evil acts. 47. Of him whose wife is not dead, half his body survives. How should any one else take the property, while half (his) body lives ? 48. Although kinsmen (Sakulyas), although his father and mother, although uterine brothers be living, the wife of him who dies without leaving male issue shall succeed to his share. 49. A wife deceased before (her husband) takes away his consecrated fire (Agnihotra); but if the husband dies before the wife, she takes his property, if she has been faithful to him. This is an eternal law. 50. After having received all the movable and immovable property, the gold, base metals and grain, liquids and wearing apparel, she shall cause 46. See XXIV, 11. 46-52. Col. Dig. V, 8, 399; V. 8, 416; D. XI, 1,2; Ratn. p. 589. 46-49. V. pp. 141, 142. 47. M. II, 1, 6. 48-52. Viv. pp. 289, 290. 378 BRIHASPATI. XXV, 51. his monthly, sixmonthly, and annual Sraddhas to be performed. ; 51. Let her propitiate with funeral oblations and pious liberality her husband’s paternal uncles, Gurus, daughter's sons, sister's sons, and maternal uncles ; also aged or helpless persons, guests, and women (belonging to the family).
2; 51. Let her propitiate with funeral oblations and pious liberality her husband’s paternal uncles, Gurus, daughter's sons, sister's sons, and maternal uncles ; also aged or helpless persons, guests, and women (belonging to the family). 52. Should agnates (Sapindas) or cognates (Bandhavas) or enemies injure the property, let the king inflict on them the punishment destined for a thief. 53. The husband being separated (in interests from his former coparceners), his wife shall take after his death a pledge and whatever else is recognised as property, excepting the immovable wealth. 54. A wife, though preserving her character and though partition have been made, is unworthy to obtain immovable property. Food or a portion of the arable land shall be given to her at will (for her support). 55. The wife is declared to succeed to her husband’s property, and in her default, the daughter. 56. A daughter, like a son, springs from each member of a man; how then should any other mortal inherit the father’s property while she lives? 57. Equal in caste (to her father) and married to a man of the same caste as her own, virtuous, habitually submissive, she shall inherit her father’s property, whether she may have been (expressly) appointed or not. 53> 54- May. p. 77; V. pp. 134, 135, 173 55, 56. M. II, 2, 2; Smrtié. (K. lyer's translation) XI, 2, 113. 56-58. Col. Dig. V, 4, 224; D. XI, 2, 8,17; V. pp. 176, 180, 183; Viv. pp. 292-294. 56, 57. Ratn. p. 591. XXV, 64. THE LAW OF INHERITANCE. 379 58. As her father’s wealth becomes her property, though kinsmen be in existence, even so her son becomes the owner of his mother’s and maternal grandfather’s wealth. 59. In default of them, uterine brothers or brother’s sons, agnates (Sakulyas) and cognates (Bandhavas), pupils, or learned Brahmans are entitled to the inheritance. 60. When a man dies leaving no issue, nor wife, nor brother, nor father, nor mother, all his Sapizdas shall divide his property in due shares. 61. Half the entire wealth, however, shall first be set apart for the benefit of the deceased (owner) and carefully assigned for his monthly, sixmonthly, and annual Sraddhas. 62. When there are several relatives, agnates (Sakulyas), and cognates (Bandhavas), whosoever of them is the nearest shall take the wealth of him who died leaving no issue. 63. When a man dies without leaving either wife or male issue, the mother has to be considered as her son's heiress, or a brother (may succeed) if she consents to it. 64. But on his death the mother shall take a son's share. The mothers shall share equally with the sons, the maidens shall take fourth-part shares. 59. Col. Dig. V, 8, 422; D. XI, 2, 26. ‘In default of them,’ i.e. of a daughter or daughter’s son. 59-62. Col. Dig. V, 8, 437; Ratn. p. 595. 60. V. p. 216, 61. D. XI, 6, 13. 62. V. p.194; May. p. 81. 63. Col. Dig. V, 8, 423; V. p. 191; Viv. p. 293; D. XI, 3, 2.
359. Col. Dig. V, 8, 422; D. XI, 2, 26. ‘In default of them,’ i.e. of a daughter or daughter’s son. 59-62. Col. Dig. V, 8, 437; Ratn. p. 595. 60. V. p. 216, 61. D. XI, 6, 13. 62. V. p.194; May. p. 81. 63. Col. Dig. V, 8, 423; V. p. 191; Viv. p. 293; D. XI, 3, 2. 64. Col. Dig. V, 2, 85; V. pp. 81, 84, &c. ‘On his death,’ i.e. on the father’s death. For tanayamsasam4msini, ‘shall take a son’s share,’ the Viramitrodaya reads tanaya va samamsinf, ‘or the 380 BRIHASPATI. XXV, 65. 65, 66. To a father the funeral ball (Pisda) and water oblation shall be offered by his son; in default of a son, the widow (succeeds); in her default, a uterine brother; in default of him, the co-heirs (dayadaf); afterwards, the property goes to the daughter's son. 67. Should a Kshatriya, Vaisya, or Sfidra die without leaving male issue, or wife, or brother, their property shall be taken (as escheat) by the king, for he is the lord of all. 68. Except in the case of a Brahman; but a king bent on the practice of virtue must allot a maintenance to his women. Thus has the law of inheritance been declared. 69. For her food (he must assign) a Prastha of rice every afternoon, together with fuel, and one dress purchased for three Pazas must be given to her every three months, 70. What is left after setting apart property suffi- daughter shall take an equal share.’ Vakaspatimisra, Kamaldkara, Nandapazdita, and other commentators explain the term matara, ‘mothers,’ as denoting step-mothers who have no issue, whereas in the first clause the term ‘ mother’ (gananf), according to them, denotes a woman who has male issue. It seems more natural, however, to interpret the term ‘mother’ in the same way in both clauses. Vish#u (XVIII, 34, 35) has the analogous precept that mothers and maiden daughters shall receive shares corresponding to the shares of sons. Vishvu’s rule relates to a division of property among sons differing in caste, and the present text of Brihaspati seems to apply to the same case. 65, 66. Apararka; Smrstié. XI, 4, 19 (Iyer). These texts are quoted in some works only, and it is certainly difficult to reconcile them with the other texts of Brzhaspati on inheritance. 67. Col. Dig. V, 8, 446; D. XI, 1, 49; May. p. 83; Viv. p. 298. 68-71. Nandapandita’s Vaigayant? ; Uggvala, p. 82; Gautamfya Mitakshara. The reading in 71 is uncertain. XXV, 78. THE LAW OF INHERITANCE. 381 cient for the expense of her dress, food, and for the washerman, shall be made over to the co-heirs. 71. (The widow) shall recite the Dhimdavasdnika prayer in the evening, bathe frequently, and pay no regard to dwelling, food, or clothing after her husband’s death. 72. He who (having been divided) is again living, through affection, together with his father or brother, or with his uncle even, is said to be reunited with them. ‘
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.
140. 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. 41. The son begotten on a wife (Kshetraga) is despised by the virtuous; and so are the son begotten on a woman twice married, the son of an unmarried damsel, the son received with the wife, and the son secretly born. 42. Though born of a wife of the same caste, a son destitute of good qualities is unworthy to obtain the paternal wealth; it shall go to those learned (kinsmen) who offer the funeral ball of meal (Pisda) for the father. 43. A son redeems his father from the highest 38. Col. Dig. V, 4, 225; Ratn. p. 562. See Gautama XXVIII, 18. 39. Col. Dig. V, 4, 246; Ratn. p. 545; V. p.125. The Viramitrodaya reads samabhaginak for sapta bhaginah, ‘The other five or six sons beginning with the wife’s son are equal sharers.’ Regarding the wife’s son (Kshetraga), see Manu IX, 167; Brzhaspati XXIV, 12-14. 40, 41. Col. Dig. V, 4, 202; V. p.128; Ratn. p. 552. 42, 43. May. p. ror. 42-45. Col. Dig.V, 4,264; V, 319; D.V,4; V. p.256; Viv. p.242. XXV, 50. THE LAW OF INHERITANCE, 377 and lowest debts; consequently there is no use of him who acts otherwise. 44. What can be done with a cow which neither gives milk nor is (ever) pregnant? What is the good of a son being born who is neither learned nor virtuous ? 45. A son who is destitute of learning, valour, and wealth, void of devotion and insight, and unobservant of good custom, such a son is declared to be no better than urine and fzeces. 46. In the revealed texts (of the Veda), in the traditional law (of the Smr“tis), and in popular usage, the wife is declared to be half the body (of her husband), equally sharing the outcome of good and evil acts. 47. Of him whose wife is not dead, half his body survives. How should any one else take the property, while half (his) body lives ? 48. Although kinsmen (Sakulyas), although his father and mother, although uterine brothers be living, the wife of him who dies without leaving male issue shall succeed to his share. 49. A wife deceased before (her husband) takes away his consecrated fire (Agnihotra); but if the husband dies before the wife, she takes his property, if she has been faithful to him. This is an eternal law. 50. After having received all the movable and immovable property, the gold, base metals and grain, liquids and wearing apparel, she shall cause 46. See XXIV, 11. 46-52. Col. Dig. V, 8, 399; V. 8, 416; D. XI, 1,2; Ratn. p. 589. 46-49. V. pp. 141, 142. 47. M. II, 1, 6. 48-52. Viv. pp. 289, 290. 378 BRIHASPATI. XXV, 51. his monthly, sixmonthly, and annual Sraddhas to be performed. ; 51. Let her propitiate with funeral oblations and pious liberality her husband’s paternal uncles, Gurus, daughter's sons, sister's sons, and maternal uncles ; also aged or helpless persons, guests, and women (belonging to the family).
2; 51. Let her propitiate with funeral oblations and pious liberality her husband’s paternal uncles, Gurus, daughter's sons, sister's sons, and maternal uncles ; also aged or helpless persons, guests, and women (belonging to the family). 52. Should agnates (Sapindas) or cognates (Bandhavas) or enemies injure the property, let the king inflict on them the punishment destined for a thief. 53. The husband being separated (in interests from his former coparceners), his wife shall take after his death a pledge and whatever else is recognised as property, excepting the immovable wealth. 54. A wife, though preserving her character and though partition have been made, is unworthy to obtain immovable property. Food or a portion of the arable land shall be given to her at will (for her support). 55. The wife is declared to succeed to her husband’s property, and in her default, the daughter. 56. A daughter, like a son, springs from each member of a man; how then should any other mortal inherit the father’s property while she lives? 57. Equal in caste (to her father) and married to a man of the same caste as her own, virtuous, habitually submissive, she shall inherit her father’s property, whether she may have been (expressly) appointed or not. 53> 54- May. p. 77; V. pp. 134, 135, 173 55, 56. M. II, 2, 2; Smrtié. (K. lyer's translation) XI, 2, 113. 56-58. Col. Dig. V, 4, 224; D. XI, 2, 8,17; V. pp. 176, 180, 183; Viv. pp. 292-294. 56, 57. Ratn. p. 591. XXV, 64. THE LAW OF INHERITANCE. 379 58. As her father’s wealth becomes her property, though kinsmen be in existence, even so her son becomes the owner of his mother’s and maternal grandfather’s wealth. 59. In default of them, uterine brothers or brother’s sons, agnates (Sakulyas) and cognates (Bandhavas), pupils, or learned Brahmans are entitled to the inheritance. 60. When a man dies leaving no issue, nor wife, nor brother, nor father, nor mother, all his Sapizdas shall divide his property in due shares. 61. Half the entire wealth, however, shall first be set apart for the benefit of the deceased (owner) and carefully assigned for his monthly, sixmonthly, and annual Sraddhas. 62. When there are several relatives, agnates (Sakulyas), and cognates (Bandhavas), whosoever of them is the nearest shall take the wealth of him who died leaving no issue. 63. When a man dies without leaving either wife or male issue, the mother has to be considered as her son's heiress, or a brother (may succeed) if she consents to it. 64. But on his death the mother shall take a son's share. The mothers shall share equally with the sons, the maidens shall take fourth-part shares. 59. Col. Dig. V, 8, 422; D. XI, 2, 26. ‘In default of them,’ i.e. of a daughter or daughter’s son. 59-62. Col. Dig. V, 8, 437; Ratn. p. 595. 60. V. p. 216, 61. D. XI, 6, 13. 62. V. p.194; May. p. 81. 63. Col. Dig. V, 8, 423; V. p. 191; Viv. p. 293; D. XI, 3, 2.
359. Col. Dig. V, 8, 422; D. XI, 2, 26. ‘In default of them,’ i.e. of a daughter or daughter’s son. 59-62. Col. Dig. V, 8, 437; Ratn. p. 595. 60. V. p. 216, 61. D. XI, 6, 13. 62. V. p.194; May. p. 81. 63. Col. Dig. V, 8, 423; V. p. 191; Viv. p. 293; D. XI, 3, 2. 64. Col. Dig. V, 2, 85; V. pp. 81, 84, &c. ‘On his death,’ i.e. on the father’s death. For tanayamsasam4msini, ‘shall take a son’s share,’ the Viramitrodaya reads tanaya va samamsinf, ‘or the 380 BRIHASPATI. XXV, 65. 65, 66. To a father the funeral ball (Pisda) and water oblation shall be offered by his son; in default of a son, the widow (succeeds); in her default, a uterine brother; in default of him, the co-heirs (dayadaf); afterwards, the property goes to the daughter's son. 67. Should a Kshatriya, Vaisya, or Sfidra die without leaving male issue, or wife, or brother, their property shall be taken (as escheat) by the king, for he is the lord of all. 68. Except in the case of a Brahman; but a king bent on the practice of virtue must allot a maintenance to his women. Thus has the law of inheritance been declared. 69. For her food (he must assign) a Prastha of rice every afternoon, together with fuel, and one dress purchased for three Pazas must be given to her every three months, 70. What is left after setting apart property suffi- daughter shall take an equal share.’ Vakaspatimisra, Kamaldkara, Nandapazdita, and other commentators explain the term matara, ‘mothers,’ as denoting step-mothers who have no issue, whereas in the first clause the term ‘ mother’ (gananf), according to them, denotes a woman who has male issue. It seems more natural, however, to interpret the term ‘mother’ in the same way in both clauses. Vish#u (XVIII, 34, 35) has the analogous precept that mothers and maiden daughters shall receive shares corresponding to the shares of sons. Vishvu’s rule relates to a division of property among sons differing in caste, and the present text of Brihaspati seems to apply to the same case. 65, 66. Apararka; Smrstié. XI, 4, 19 (Iyer). These texts are quoted in some works only, and it is certainly difficult to reconcile them with the other texts of Brzhaspati on inheritance. 67. Col. Dig. V, 8, 446; D. XI, 1, 49; May. p. 83; Viv. p. 298. 68-71. Nandapandita’s Vaigayant? ; Uggvala, p. 82; Gautamfya Mitakshara. The reading in 71 is uncertain. XXV, 78. THE LAW OF INHERITANCE. 381 cient for the expense of her dress, food, and for the washerman, shall be made over to the co-heirs. 71. (The widow) shall recite the Dhimdavasdnika prayer in the evening, bathe frequently, and pay no regard to dwelling, food, or clothing after her husband’s death. 72. He who (having been divided) is again living, through affection, together with his father or brother, or with his uncle even, is said to be reunited with them. ‘
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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