7. Colebrooke 11. cit. ^ A.v\h (a sheep), i.e. an animal having a fleece. The singular number (is used to denote) the species, (and the explanation is), "As many sheep as there are." For (the possession of) one would follow already from the phrase, " And one of each kind of animals." Another (commentator says), " Though the father may possess one sheep only, still it belongs to the youngest, and the phrase ' one of each kind of animals' refers to the case when there are many." . . . This (additional share is that) belonging to the youngest. (If there are more than three sons) the others obtain the share of the middlemost.' — Haradatta.
8. Colebrooke 11. cit.
9. Colebrooke, Dayabhaga II, 37; V, Digest 51. My best copy P. leaves out this Sutra and the next. The others read dvya?;m va purva^a/i (not purva^asya, as Professor Stenzler reads), and explain the former word as follows, ' dvava;;wau dvya//waw tadasyastiti dvya;;/ji.' Manu IX, 117.
10. Colebrooke 11. cit.
11. Colebrooke V, Digest 68.
XXVIII, ig. INHERITANCE. 3OI
1 2. Ten head of cattle.
13. (But) no (one brother shall) take (ten) one- hoofed beasts or (ten) slaves.
14. (If a man has several wives) the additional
share of the eldest son is one bull (in case he be
born of a later-married wife) ;
15. (But the eldest son) being born of the
first-married wife (shall have) fifteen cows and one
bull;
16. Or (let the eldest son) who is born of a later-
married wife (share the estate) equally with his
younger (brethren born of the first-married wife).
17. Or let the special shares (be adjusted) in each class (of sons) according to their mothers.
18. A father who has no (male) issue may appoint
his daughter (to raise up a son for him), presenting
burnt offerings to Agni (fire) and to Pra^apati (the
lord of creatures), and addressing (the bridegroom
with these words), ' For me be (thy male) offspring.'
19. Some declare, that (a daughter becomes) an
12. Colebrooke loc. cit. The meaning appears to be that no brother is to select more than ten head of cattle.
13. Colebrooke V, Digest 69. 'But, as has been declared above (Sfitra 11), one of each kind only. In the case of the v. 1. dvipa- danam, the word pada (step) is used in the sense of the word pada (foot).' — Haradatta.
14. Colebrooke V, Digest 58; Manu IX, 123.
15. Colebrooke loc. cit. ; Manu IX, 124.
16. Colebrooke loc. cit.
17. Colebrooke V, Digest 59. ' After having divided the estate into as many portions as there are wives who possess sons, and having united as many shares as there are sons (of each mother), let the eldest in each class (of uterine brothers) receive the special share of one-twentieth and so forth.' — Haradatta.
18-19. Colebrooke V, Digest 225 ; INIanu IX, 130-140.
302 GAUTAMA. XXVIII, 20.
appointed daughter solely by the intention (of the father).
20. Through fear of that (a man) should not marry a girl who has no brothers.
21. Sapi;^^as (blood relations within six degrees),
Sagotras (relations bearing a common family name),
(or) those connected by descent from the same Rishi
(vaidika gotra), and the wife shall share (the estate)
of a person deceased without (male) issue (or an
appointed daughter).
22. Or (the widow) may seek to raise up offspring (to her deceased husband).
23. (A son) begotten on a (widow) whose hus-
band's brother lives, by another (relative), is ex-
cluded from inheritance,
24. A woman's separate property (goes) to her
unmarried daughters, and (on failure of such) to poor
(married daughters).
20. Manu III, 11; Ya^iiavalkya I, 53.
21. Colebrooke, Dayabhaga XI, 6, 25; Mitakshara II, i, 18; V, Digest 440. My copies as well as (?imutavahana and Vi^iia- ne^vara read in the text stri va, 'or the wife,' instead of stri ^a, 'and the wife.' Still the latter seems to be the reading recog- nised by Haradatta, as he says, ' But the wife is joined together (samu/^/^iyate) with all the Sagotras and the rest. When the Sago- tras and the rest inherit, then the wife shall inherit one share with them,' &c. Apastamba II, 6, 14, 2; Manu IX, 187; Ya^iiavalkya
II, 135-136.
22. Colebrooke, Mitakshara II, r, 8, where this Sfitra has, how- ever, been combined with the preceding. See also above, XVIII, 4-8 ; Manu IX, 145-146, 190.
23. Colebrooke V, Digest 341 ; Manu IX, 144.
24. Colebrooke, Dayabhaga IV, 2, 13; Mitakshara I, 3, n;
II, 2, 4 ; V, Digest 490; Mayukha IV, 8, 12. See also Manu IX,
192; Ya^fiavalkya II, 145.
Xxviii, 32. Inheritance. 303
25. The sister's fee belongs to her uterine bro- thers, if her mother be dead.
26. Some (declare, that it belongs to them) even while the mother lives.
27. The heritage of not reunited (brothers) de-
ceased (without male issue goes) to the eldest
(brother).
28. If a reunited coparcener dies (without male issue) his reunited coparcener takes the heritage.
29. A son born after partition takes exclusively (the wealth) of his father.
30. What a learned (coparcener) has acquired by
his own efforts, he may (at his pleasure) withhold
from his unlearned (coparceners).
31. Unlearned (coparceners) shall divide (their acquisitions) equally.
32. A legitimate son, a son begotten on the wife
25. Colebrooke, Dayabhaga IV, 3, 27; V, Digest 51^1 ; Mayukha IV, 10, 32. 'The fee, i.e. the money which at an Asura, or an Arsha wedding, the father has taken for giving the sister away. That goes after his (the father's) death to the uterine brothers of that sister; and that (happens) after the mother's death. But if the mother is ahve (it goes) to her.'— Haradatta.
26. Colebrooke V, Digest 511.
27. Colebrooke V, Digest 424. ' The word "eldest" is used to give an example. (The property) goes to the brothers, not to the widow, nor to the parents. That is the opinion of the venerable teacher.' — Haradatta. Ya^navalkya II, 134-
28. Mayukha IV, 9, 15; Manu IX, 212; Ya^-ilavalkya
II, 138.
29. Colebrooke, Dayabhaga VII, 3 ; Manu IX, 216.
30. Colebrooke, Dayabhaga VI, 1, 17; V, Digest 355; Mayu- kha IV, 7, 10 ; Manu IX, 206; Ya^ilavalkya II, 119.
31. Colebrooke V, Digest 137; INIanu IX, 205.
32-33. Colebrooke V, Digest 184; Manu IX, 166-178; Ya^ua- valkya II; 128-132. My best copy P. inserts another Sfitra between
304 GAUTAMA. XXVIII, 33.
(by a kinsman), an adopted son, a son made, a son
born secretly, and a son abandoned (by his natural
parents) inherit the estate (of their fathers).
33. The son of an unmarried damsel, the son of
a pregnant bride, the son of a twice-married woman,
the son of an appointed daughter, a son self-given,
and a son bought belong to the family (of their
fathers).
34. On failure of a legitimate son or (of the)
other (five heirs) they receive a fourth (of the
estate).
35. The son of a Brahma;^a by a Kshatriya wife,
being the eldest and endowed with good qualities,
shares equally (with a younger brother, born of a
Brahma;n) ;
36. (But he shall) not (obtain) the additional share of an eldest son.
this and the following one, ete tu gotrabha^a/^, ' but these (latter six) belong to the family (only, and do not inherit).'
34. Colebrooke V, Digest 184. ' The residue of the estate goes to the Sapiw^as. If it is here stated that the son of an appointed daughter receives, even on failure of a legitimate son, a fourth part of the estate only, that refers to the son of an ap- pointed daughter of lower caste, i. e. to a son who is born, when somebody makes the daughter of a wife of lower caste his ap- pointed daughter, and does that by intent only.' — Haradatta.
35. Colebrooke V, Digest 158; Manu IX, 149-153; Yajcrna- valkya II, 125. 'If the son of a Brahmawa by a Kshatriya wife is endowed with good qualities and the eldest, then he shares equally with a younger son by a Brahmawi. For the one possesses seniority by age and the other by caste.' — Haradatta.
36. Colebrooke loc. cit. ' What is exclusive of the additional share of the eldest, which has been declared above, Sutra 5, (that) other (part) he shall obtain. The verb must be understood from the context. Regarding a son by a Kshatriya wife who is the eldest, but destitute of good qualities, the Manava Dharma-
XXVIII, 4r. INHERITANCE. 305
37. If there are sons begotten (by a Brahma;^a)
on wives of the Kshatriya and Vaij-ya castes (the
division of the estate between them takes place
according to the same rules) as (between) the (son
by a Kshatriya wife) and the son by a Brahma?^i.
38. And (the sons by a Kshatriya wife and by
a Vaii-ya wife share in the same manner) if (they
have been begotten) by a Kshatriya (father).
39. The son by a K^udra wife even, if he be obe-
dient like a pupil, receives a provision for main-
tenance (out of the estate) of a (Brahma;/a) deceased
without (other) male issue.
40. According to some, the son of a woman of
equal caste even does not inherit, if he be living
unrighteously.
41. ■^'rotriyas shall divide the estate of a childless
Brahma/za.
jastra declares (IX, 152-153), "Or (if no deduction be made)," &c.'— Haradatta. The sense in which the Sutra has been taken above, agrees with the explanation of the Ratnakara adduced in the Digest loc. cit., though the reading of the text followed there seems to be different.
37-38. Colebrooke V, Digest 159. In the Digest V, 160, an additional Sutra regarding the partition between the sons of a Vai^ya by Vai^-ya and ^udra wives is quoted, which, however, is not recognised by Haradatta.
39. Colebrooke V, Digest 169; Mayukha IV, 4, 30. '(The
word) of a Brahma/za must be understood (from Sutra 35).' —
Haradatta.
40. Colebrooke V, Digest 316 ; Apastamba II, 6, 14, 15.
41. Colebrooke, Mitakshara II, 7, 3; Mayukha IV, 8, 25. ' The expression " of a childless (Brahmawa) " includes by implication (the absence) of Sapiw^as and other (heirs).'— Haradatta. 6'ro- triyas, i.e. Brahmawas learned in the Vedas. See also Manu IX, 188.
3^^ GAUTAMA. XXVIII, 42.
42. The king (shall take the property of men) of other (castes).
43. An idiot and a eunuch must be supported.
44. The (male) offspring of an idiot receives (his father's) share.
45. (Sons begotten) on women of higher castes
(by men of lower castes shall be treated) like sons
(begotten by a Brahma;/a) on a .S^udra wife.
46. Water, (property destined for) pious uses or sacrifices, and prepared food shall not be divided ;
47. Nor (shall a partition be made) of women connected (with members of the family).
48. In cases for which no rule has been given,
(that course) must be followed of which at least ten
(Brahma;/as), who are well instructed, skilled in
reasoning, and free from covetousness, approve.
49. They declare, that an assembly (parishad,
shall consist) at least (of) the ten following (mem-
bers, viz.) four men who have completely studied
the four Vedas, three men belonging to the (three)
orders enumerated first, (and) three men who know
(three) different (institutes of) law.
42. Apastamba II, 6, 14, 5.
43. Colebrooke V, Digest 335; Manu IX, 201-202; Ya^Sa- valkya II, 140.
44. Colebrooke loc. cit. ; Manu IX, 203; Y%navalkya II, 141.
45. Colebrooke V, Digest 171, 335.
46. Manu IX, 219. For a fuller explanation of the terms yoga and kshema, (property destined for) pious uses and sacrifices, see Colebrooke, Mitakshara I, 4, 23.
47. Colebrooke, Mitakshara I, 4, 22; V, Digest 367; Mayukha IV, 7, 19.
49-51. Apastamba II, 11, 29, 13-14; Manu XII, 108-113. Three men belonging to the (three) orders enumerated first, i. e. a student, a householder, and an ascetic, see above, III, 2.
Xxviii, 53- Inheritance. 307
50. But on failure of them the decision of one
^'rotriya, who knows the Veda and is properly in-
structed (in the duties, shall be followed) in doubtful
cases.
51. For such a man is incapable of (unjustly) injuring or (unjustly) favouring created beings.
52. He who knows the sacred law obtains hea-
venly bliss, more than (other) righteous men, on
account of his knowledge of, and his adherence
to it.
53. Thus the sacred law (has been explained).
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