2 1 . The fifth is the son of an unmarried damsel.
22. They declare that the son whom an unmarried
damsel produces through lust in her father's house,
is the son of his maternal grandfather.
name of his only child, a daughter called Amri, to the corresponding masculine form, Amar^, in order to secure to himself through her the same spiritual benefits as if he had a son. It seems to me not improbable that VasishMa's Sutra alludes to the same legal fiction, and that he recommends in the first instance that the father is to make his daughter a son by changing her name, and next to secure for himself her son, by the verse quoted Sutra 17.
16. ColebrookeV, Dig. CCIII, where the preceding Sutra has been placed after this. Compare Rig-veda 1, 124, 5.
17. Cojebrooke V, Dig. CCXVI; Mitakshard I, u, 3 ; Ddya- bh^ga X, 4; Vyavahara Mayfikha IV, 4, 43 ; Vishmi XV, 5.
1 8. Vishnu XV, 7.
19. Narada XII, 48 (Jolly), where, however, kaumara/r, patim has been wrongly translated by ' an infant husband.'
20. Manu IX, 175.
21. ColebrookeV, Dig. CCLIX; Vishmj XV, TO.
22. ColebrookeV, Dig. CCLIX; Viahwu XV, u.
Xvii, 33- Inheritance. 87
' If an unmarried daughter bear a son begotten by
a man of equal caste, the maternal grandfather has
a son through him ; he shall offer the funeral cake,
and take the wealth (of his grandfather).'
24. (A male child) secretly born in the house is the sixth.
25. They declare that these (six) are heirs and kinsmen, preservers from a great danger.
26. Now among those (sons) who are not heirs,
but kinsmen, the first is he who is received with
a pregnant bride.
27. (The son of a damsel) who is married pregnant (is called) a son received with the bride (sahofl^a).
28. The second is the adopted son,
29. (He) whom his father and his mother give (in adoption).
30. (The son) bought is the third.
31. That is explained by (the story of) Suna/i-
32. ' Hari^andra, forsooth, was a king. He bought the son of Aflgarta Sauyavasi.
33. The fourth is (the son) self-given.
24. Vishnu XV, 13.
25. 'From a great danger/ i. e. 'from the danger 'of losing heaven through failure of the funeral oblations.'
26. Vishnu XV, 15. 28. Vishnu XV, 18. 29. Vishmi XV, 19. 3°- Vishnu XV, 20.
32. The MSS. and editions read the last word of the Sutra as follows: B. vikriyya; Ben. ed. vikriya; Bh. E. F. vikradya; Calc, ed. and I. O. 913 vikrayya svayaw kritavan. I believe that, as the letters £a and va'are constantly mistaken by the copyists the one for the other, the original reading was £ikraya. Regarding the story told in this Sutra and continued below, Sutra 35, see Max Miiller, History of Ancient Sanskrit Literature, pp. 408-416 and 573-588.
33. Vishnu XV, 22.
88 vASisnr/fA. xvn, 34.
34. That is (likewise) explained by (the story of)
35. * .SiinaAyepa, forsooth, when tied to the sacri-
ficial stake, praised the gods ; there the gods loosened
his bonds. To him spoke (each of) the officiating
priests, " He shall be my son." He did not agree
to their (request. Then) they made him make (this)
agreement, " He shall be the son of him whom he
chooses." Vi.rvcimitra was the Hotrt priest at that
(sacrifice). He became his son.'
36. The son cast off is the fifth.
37. (He is called so) who, cast off by his father and his mother, is received (as a son).
38. They declare that the son of a woman of the
^udra caste is the sixth. These (six) are kinsmen,
not heirs.
39. Now they quote also (the following rule) :
' These (last-mentioned) six (sons) shall take the
heritage of him who has no heir belonging to the
first-mentioned six (classes).
40. Now (follow the rules regarding) the partition of the (paternal) estate among brothers :
41. And (let it be delayed) until those (widows)
who have no offspring, (but are supposed to be
pregnant), bear sons.
42. Let the eldest take a double share,
43. And a tithe of the kine and horses.
36-37. ColebrookeV, Dig. CCXC; Vishwu XV, 24-25.
38. Colebrooke V, Dig. CCXCII; Dattaka^andrika V, 14 ; Vishmi
XVII, 27; Manu IX, 178-179; Gautama XXVIII, 39.
40. ColebrookeV, Dig. L; Vyavaha*ra Mayukha IV, 4, 37.
41. Colebrooke V, Dig. CXVII ; VyavaharaMayiikha IV, 4, 37. 42-45. ColebrookeV, Dig. L; Dayabhaga II, 41; Gautama
XXVIII, 9 and 5-7.
Xvii, 55. Inheritance. 89
44. The goats, the sheep, and the house belong to the youngest,
45. Black iron, the utensils, and the furniture to the middlemost.
46. Let the daughters divide the nuptial present of their mother.
47. If a Brahmawa has issue by wives belonging
to the Brahmawa, Kshatriya, and Vai.$ya classes
respectively,
48. The son of the Brahmawa wife shall receive three shares,
49. The son of the Kshatriya wife two shares,
50. The other (sons) shall inherit equal shares.
51. And if one of the (brothers) has gained
something by his own (effort), he shall receive a
double share.
52. But those who have entered a different order receive no share,
53. Nor (those who are) eunuchs, madmen, or outcasts.
54. Eunuchs and madmen (have a claim to) maintenance.
55. The widow of a deceased person shall sleep
46. Colebrooke V, Dig. CCCCXCII; DayabMga IV, 2, 15; VishmiXVII, 21.
47-50. Colebrooke V, Dig. CLIV; Vishmi XVIII, 1-5.
51. Colebrooke V, Dig. LXXV, CXXXVIII, CCCLVI; Daya- bblga II, 41 ; Vyavah£ra Mayukha IV, 7, 8. ' By his own effort,' i.e. by learning or disputations with learned men, by bravery in battle, &c.
52. Colebrooke V, Dig. CCCXXXVIII ; Mitakshard II, 8, 7;
!°j 3 »' VyavahSra Mayukha IV, u, 5. The persons intended are
a perpetual student, a hermit, and ascetic.
53. VyavahSra Mayukha IV, n, 10.
54. Vyavaha"ra Mayukha IV, n, 10 ; Vishmi XV, 33.
55. 'Practising religious vows,' i.e. 'eating only once a day, and so forth.' — Kr*sh»apa«rfita.
on the ground during six months, practising religious
vows and abstaining from pungent condiments and
salt.
56. After the completion of six months she shall
bathe, and offer a funeral oblation to her husband.
(Then) her father or her brother shall assemble the
Gurus who taught or sacrificed (for the deceased)
and his relatives, and shall appoint her (to raise issue
to her deceased husband).
5 7. Let him not appoint a (widow who is) mad, ill-conducted, or diseased.
58. Nor one who is very aged.
59. Sixteen years (after maturity is the period for appointing a widow) ;
60. Nor (shall an appointment be made) if the (male entitled to approach the widow) is sickly.
6 1. Let him approach (the widow) in the muhurta
sacred to Pra^apati, (behaving) like a husband, without
(amorously) dallying with her, and without abusing
or ill-treating her.
62. Let her obtain (the expenses for) food, raiment,
baths, and unguents from (the estate of) her former
(husband).
63. They declare that a son begotten on (a widow
who has) not been (duly) appointed, belongs to the
begetter.
56. Gautama XVHI, 4-7. The Gurus intended are the teacher, sub-teachers (upadhyaya), and officiating priests.
57. Av&yam, ' ill-conducted,' may also mean ' out of her mind through grief or any other passion.' The former explanation has been adopted by Krzsrmapa»</ita, whom I have followed above.
61. Manu IX, 60. Regarding the muhurta sacred to Pra^apati, see above, XII, 47.
63. Gautama XVIII, 9-12.
XVII, 70. INHERITANCE. 9 j
64. If she was (appointed, the child belongs) to both the males connected with the appointment.
65. No appointment (shall be made) through a desire to obtain the estate.
66. Some say, ' Or, one may appoint (a widow out of covetousness), after imposing a penance.1
67. A maiden who has attained puberty shall wait for three years.
68. After three years (have passed), she may take a husband of equal caste.
69. Now they quote also (the following verses) :
' But if through a father's negligence a maiden is
here given away after the suitable age has passed,
she who was waiting (for a husband) destroys him
who gives her away, just as the fee which is paid
too late to the teacher (destroys the pupil).'
70. ' Out of fear of the appearance of the menses
let the father marry his daughter while she still runs
about naked. For if she stays (in the house) after
the age of puberty, sin falls on the father.'
64. Gautama XVIII, 13. 'To both the males connected with the appointment/ i.e. to the deceased husband for whose sake the appointment is made, and to the natural father of the child, to whom the widow is made over.
6g. Colebrooke, Mitdkshard II, i, n. Kr/sh»apa««fita thinks that the Sutra forbids an appointment which is made with the inten- tion to secure the estate or a share of the estate of the natural father, from whom the kshetra^a son inherits also (Y%navalkya II, 127). But it seems equally probable that it is intended to pre- vent a widow from agreeing to an appointment in order to obtain control over her husband's estate.
66. Kr/shwapaw/fita thinks that the rule refers to all cases of appointment.
67-68. Vishnu XXIV, 40, and note.
70. Gautama XVIII, 23.
92 VASISH7HA. XVII, 71.
71. 'As often as the courses of a maiden, who is
filled with desire, and demanded in marriage by men
of equal caste, recur, so often her father and her
mother are guilty of (the crime of) slaying an embryo;
that is a rule of the sacred law.'
72. ' If the betrothed of a maiden die after she
has been promised to him verbally, and by (a libation
of) water, but before she was married with (the reci-
tation of) sacred texts, she belongs to her father
alone.'
73. ' If a damsel has been abducted by force, and
not been wedded with sacred texts, she may lawfully
be given to another man ; she is even like a maiden.'
74. ' If a damsel at the death of her husband had
been merely wedded by (the recitation of) sacred
texts, and if the marriage had not been consummated,
she may be married again.'
75. The wife of an emigrant shall wait for five years.
76. After five years (have passed), she may go (to seek) her husband.
77. If for reasons connected with spiritual or with
money matters she be unwilling to leave her home,
she must act in the same manner as if (her husband
were) dead.
78. In this manner a wife of the Brahma#a caste
who has issue (shall wait) five years, and one who
has no issue, four years ; a wife of the Kshatriya
caste who has issue, five years, and one who has no
issue, three years ; a wife of the Vai^ya caste who
71. Colebrooke IV, Dig. XVI; Dayabhdga XI, a, 6; Ya^wa- v alky a I, 64.
72. Colebrooke IV, Dig. CLXXIV.
75-76. Colebrooke IV, Dig. CLVI, where the Stitras have been altered intentionally; Gautama XVIII, 15-12.
Xvii, 86. Inheritance. 93
has issue, four years, and one who has no issue, two
years ; a wife of the .Sudra caste who has issue, three
years, and one who has no issue, one year.
79. After that among those who are united (with
her husband) in interest, or by birth, or by the
funeral cake, or by libations of water, or by descent
from the same family, each earlier named person is
more venerable than the following ones.
80. But while a member of her family is living, she shall certainly not go to a stranger.
8 1. Let the Sapi^as or the subsidiary sons divide
the heritage of him who has no heir of the first-
mentioned six kinds.
82. On failure of them the spiritual teacher and a pupil shall take the inheritance.
83. On failure of those two the king inherits.
84. But let the king not take (the estate) of a Brahma/za.
85. For the property of a BrAhmawa is a terrible poison.
86. ' Poison they do not call the (worst) poison :
the property of a Brdhmawa is said to be the (most
destructive) poison. Poison destroys only one person,
but the property of a Brahmawa (him who takes it)
together with sons and grandsons.'
79. The persons intended are, (i) brothers united in interest with her husband and other coparceners, (2) separated brothers of the husband, (3) separated blood-relations of the husband within six degrees, (4) separated blood-relations of the husband within fourteen degrees, and (5) persons bearing the same family name or, in the case of Brahma«as, descended from the same 7?/shi.
8 1. Gautama XXV1I1, 21; Vishwu XVII, 10. The subsidiary sons are those mentioned above, 26-38, who under ordinary cir- cumstances do not inherit ; see also above, Sutra 39, and Gautama XXVIII, 34.
82. Apaslamba II, 6, 14, 3. 83-84. Vish«u XVII, 13.
94 VASiSHrffA. xvn, 87.
