12. If there is a son of equal caste and a son of
the 6rst clause is omitted and connected with the following Sutra, Govinda agrees with Gimutavahana.
9. Colebrooke V, Dig. XLIX. The rule is an explanation of the term varazw rupam, ' the most excellent chattel,' in Sutra 4. The meaning probably is, as the Digest states, that among Brdh- ma«as it is usual to give to the eldest a bull, among Kshatriyaa a horse, and so forth.
10. Vasish/^a XVII, 48-50; Vishnu XVIII, 2-40; where the several cases that can arise have been fully worked out
11. I translate according to the reading of K., M., and the two MSS. of the commentary, aurase tutpanne savarwas [°»as, M., K.] tri\iyamsaha.r&A [°ya.mszm haret, K.] The other MSS. omit the last two words of the Sutra. The sense of the Sutra seems to be, that subsidiary sons of equal caste obtain a third of the estate when a legitimate son of the body is born to their father ; see also Katyayana V, Dig. CCXVIII. Govinda gives the following expla- nation : aurasa-^ savar»aputrlr £a vakshyante i aurasaA savar»ay&» saflzskr/tayawz svayam utpaaTita^ [Sutra 14] I tasminnutpanne savar- n&s trrtiyamahara bhaveyu/i I sarvawz dhana^ataaz tredha vibha^ya tesham eka/w sho</aja sawpadya trin dvSvekam iti kalpayet 11 ' The legitimate son and the sons of equal caste will be described (below). He is called a legitimate son who is begotten by the husband him- self on a wedded wife of equal caste. When such a one is born, the (other) sons of equal caste shall obtain one third share. Divid- ing the whole property into three parts, and making one of them sixteen (?), he shall give three, two, one.'— Govinda.
12. Colebrooke V, Dig. CLVII ; Dayabhaga IX, 15.
Cm] Q
226 BAUDHAYANA. II, 2, 3.
a wife of the next lower caste, the son born of the
wife of the next lower caste may take the share
of the eldest, provided he be endowed with good
qualities.
1 3. (A son) who possesses good qualities becomes the protector of the rest.
14. One must know a son begotten by (the hus-
band) himself on a wedded wife of equal caste (to be)
a legitimate son of the body (aurasa).
Now they quote also (the following verse) : ' From
the several limbs (of my body) art thou pro-
duced, from my heart art thou born; thou art
"self" called a son; mayest thou live a hundred
autumns/
15. The (male child) born of a daughter, after an
agreement has been made, (one must know to be)
the son of an appointed daughter (putrikaputra) ;
any other (male offspring of a daughter they call)
a daughter's son (dauhitra).
1 6. Now they quote also (the following verse) :
' The son of an appointed daughter should offer the
first funeral cake to his mother, the second to her
father, and the third to his father's father/
1 7. He who is begotten, by another man, on the
wife of a deceased man, of a eunuch, or of one
(incurably) diseased, after permission (has been
given), is called the son begotten on a wife
(kshetra/a).
13. Colebrooke, loc. cit.
14. Colebrooke V, Dig. CXGVI; Vasish/Aa XVII, 13. The verse is found in the Mahabharata and elsewhere.
15. Colebrooke V, Dig. CCXIII ; Vasish/Aa XVII, 15-17.
17. Colebrooke V, Dig. CCXXXVII; DayabhSga II, 60; Va- sish/^a XVII, 1 4.
Ii, 2, 3- Inheritance. 227
1 8. Such a (son begotten on a wife) has two
fathers and belongs to two families ; he has a right
to perform the funeral oblations, and to inherit the
property of (his) two (fathers).
19. Now they quote also (the following verse):
' The son of two fathers shall give the funeral cakes
(to his two fathers, and pronounce) two names with
each oblation, and three cakes shall serve for six
persons ; he who acts thus will not err.'
20. He (is called) an adopted son (datta) who,
being given by his father and his mother, or by
either of the two, is received in the place of a
child.
21. He (is called) a son made (kn'trima) whom
(a man) himself makes (his son), with the (adoptee's)
consent (only), and who belongs to the same caste
(as the adopter).
22. He is called a son born secretly (gu^/fe^a)
who is secretly born in the house and whose (origin
is) afterwards (only) recognised.
23. He is called a son cast off (apaviddha) who,
being cast off by his father and his mother, or
by either (of them), is received in the place of
a child.
24. If anybody approaches an unmarried girl
without the permission (of her father or guardian),
the son born by such (a woman is called) the son of
an unmarried damsel (kanlna).
18. Colebrooke Dig., loc. cit. 20. VasishMa XVII, 28.
21. Colebrooke V, Dig. CCLXXXIV; Gautama XXVIII, 32.
22. Vasish/^a XVII, 24. 23. Vistom XV, 24-25- 24. Colebrooke V, Dig. CCLXl; Vasish/Aa XVII, 21-23.
must be understood that the father must belong to the same caste as the girl.
228 BAUDHAYANA. 11,2,3.
25. If one marries either knowingly or unknow-
ingly a pregnant bride, the child which is born of
her is called (a son) taken with the bride (saho^a).
26. He (is called a son) bought (krlta) who, being
purchased from his father and his mother, or from
either of them, is received in the place of a child.
27. He (is called the son) of a twice-married
woman (paunarbhava) who is born of a re-married
female, (i. e.) of one who, having left an impotent
man, has taken a second husband.
28. He (is called) a self -given (son, svayaw-
datta) who, abandoned by his father and his mother,
gives himself (to a stranger).
29. He who is begotten by (a man of) the first
twice-born (caste) on a female of the .Sudra caste
(is called) a Nishada.
30. (He who was begotten by the same parents)
through lust (is called) a Parasava. Thus (the
various kinds of) sons (have been enumerated).
31. Now they quote also (the following verses):
1 They declare the legitimate son, the son of an
appointed daughter, the son begotten on a wife, the
adopted son and the son made, the son born secretly
and the son cast off, (to be entitled) to share the
inheritance.'
32. ' They declare the son of an unmarried damsel and the son received with the bride, the son bought,
25. VasishMa XVII, 27.
26. Colebrooke V, Dig. CCLXXXI; Vasish/^a XVII, 30-32.
27. Vasish//fa XVII, 18-20. 28. VasishMa XVII, 33-35.
30. Colebrooke V, Dig. CCXCIII. Govinda points out that the Parasava is, according to Baudhayana, the offspring of a Sudra concubine, not of a Sudra wife. But see also above, I, 9, 17, 4.
31. Colebrooke V, Dig. CLXXX; Vasish/Aa XVII, 25.
32. Colebrooke V, Dig. CLXXIX ; Vasish/fta XVII, 26.
It>2»3- Inheritance. 22q
likewise the son of a twice-married female, the son
self-given and the Nishada, to be members of the
family.'
33. Aupa^andhani (declares that) the first among
them alone (is entitled to inherit, and a member of
his father's family).
34. ' Now, O kanaka, I jealously watch my wives,
(though I did) not (do it) formerly; for they have
declared in Yama's court that the son belongs to
the begetter. The giver of the seed carries off the
son, after death, in Yama's hall. Therefore they
carefully protect their wives, fearing the seed of
strangers.'
35. 'Carefully watch (the procreation of your)
offspring, lest strange seed fall on your soil. After
death the son belongs to the begetter ; through
carelessness a husband makes (the procreation of)
a son useless/
36. Let them carefully protect the shares of
33-34. Aupa^andhani is one of the ancient teachers of the White Ya^ur-veda, mentioned in the lists incorporated in the Sata- patha-brahma«a XIV, 5, 5, 2 1 ; 7, 3, 26. The legends of the White Ya^oir-veda frequently mention king Ganaka of Videha, and assert that that philosopher king had frequent and intimate intercourse with Ya^flavalkya and other teachers of the Veda which Aditya revealed. It seems to me, therefore, highly probable that Govinda is right in taking the vocative ^anaka in Sutra 34 as a proper name, and in asserting that the verse belongs to a conversation between Aupa^andhani and Ganaka. This explanation, which pos- sibly maybe based on an ancient tradition of Baudhayana's school, is certainly preferable to Haradatta's statement on Apastamba II, 6, 13, 7, that these verses express the sentiments of a husband who had neglected to watch his wives, and later learned that he would not derive any spiritual benefit from their offspring. In the text of Sutra 34 I read with the Dekhan MSS. and Apastamba, loc. cit, irshyfimi, instead of ishy&mi, which M. and the commentary give.
36. Colebrooke V, Dig. CCCCLII ; Vasish/fca XVI, 8, 9. ' The
BAUDHAVANA. II, 2, 3.
those who are minors, as well as the increments (thereon).
37. Granting food, clothes, (and shelter), they
shall support those who are incapable of transacting
legal business,
38. (Viz.) the blind, idiots, those immersed in vice, the incurably diseased, and so forth,
39. Those who neglect their duties and occu- pations ;
40. But not the outcast nor his offspring.
41. Intercourse with outcasts shall not take place.
42. But he shall support an outcast mother, with- out speaking to her.
43. The daughters shall obtain the ornaments
of their mother, (as many as are) presented accord-
ing to the custom (of the caste), or anything else
(that may be given according to custom).
increments, i. e. the proper interest. Thus the money of minors shall bear interest.' — Govinda.
37. ColebrookeV, Dig. CCCXXVIII; Dayabhdga V, 12 ; Vya- vahSramayukha IV, n, 10 ; Vasish/^a XVII, 52-54.
38. Colebrooke and Mayukha, loc. cit. ' The expression " and so forth " includes hunchbacks and other (disabled) persons.' — Go- vinda. Vyasanin, ' immersed in vice,' may also mean ' afflicted by calamities,' and is perhaps intended to be taken both ways.
39. Colebrooke and Mayukha, loc. cit. Akarmmas, ' those who neglect their duties and occupations/ i. e. those who though able (to fulfil their duties are) indolent. — Govinda.
40. Colebrooke and Mayukha, loc. cit. ; Burnell, D&yabha'ga 49.
42. Gautama XXI, rg, and note.
43. Colebrooke V, Dig. CXXX ; Vasish/fca XVII, 46. ' Sam- prad&yikam (literally " customary") qualifies (the word) ornaments ; samprad^yikam (means) what is obtained according to custom; what is given to their mother by the maternal grandfather and grandmother, that (is called) sampradayikam. " Or anything else," (viz.) presented according to custom, (e.g.) a bedstead and the
Ii, 2, 3- Inheritance. 231
44. Women do not possess independence.
45. Now they quote also (the following verse):
'Their father protects (them) in childhood, their
husband protects (them) in youth, and their sons
protect (them) in old age; a woman is never fit
for independence.'
46. The Veda declares, ' Therefore women are
considered to be destitute of strength and of a
portion.'
like, a couch, and an outer garment, and the like. So much and nothing else shall the daughters receive.' — Govinda.
44. VasishMa V, i. All the MSS. of the text read mi strisva- tantrya/w vidyate, while the text given by the two copies- of the commentary has na strf svatantryaw vindate. Govinda asserts that the Sutra is intended to forbid the independent action of women with respect to things inherited. The correct view probably is that with this Sutra the topic of the duties and rights of women begins, and that the rule contains a general maxim.
45. Vasish/^aV, 2.
46. Colebrooke V, Dig. CXXXI. The text is in great confusion. The Dekhan and Gujarat MSS., except K., read, na daya/n ni- rindriya hyadayir £a striyo mata iti sruti/fc; K. has, tasmatfn]- nirindriyi hy. st. m. i. sru. II tasmat striyo nirindriya adayadir api pSpat ; while M. and the I.O. copy of the commentary have, tasman- nirindriyg. adaya\r .£a striyo matd iti sruti/i [sutiA, M.] The Telugu copy is mutilated, and reads nadayantirki srutiA. Though the reading of the Dekhan MSS. is supported by Mitramim Virami- trodaya, fol. 209, p. i, 1. 3, it is certainly not the original one, for there is no verb by which the accusative 'dayam'is governed. Mitramura's attempt to make it depend on ;arhati' in the verse quoted in Sutra 45 is futile, because, according to the usage of the Sutrakaras, a Sutra may be completed by a verb taken from another original aphorism of the author, but cannot be connected with a portion of a quotation taken from some other work. This same principle, of course, applies not only to Sutras, but to the writings of all other authors, whether Indian or European. The reading of K., M., and of the I. O. copy of the commentary is not open to the objection just mentioned, and therefore preferable. But it seems to me highly probable that,. nevertheless, it is not
