Hindu Law and Judicature from the Dharma-Sástra of YájnavalkyaYajñavalkya
Religion
Hindu Law and Judicature from the Dharma-Sástra of Yájnavalkya
Yajñavalkya
Hindu law
133. Such is the rule enjoined by me for sons where there is equality
of cast. Even the son begotten by a Śúdrá, on a slave-woman, shall
have such share as [the father] may allot.[205]
134. [But if there be no partition till] after the father's death,
then the brothers [born in marriage] are to assign him half a share:
if there be no brothers nor daughters' sons, he then takes the whole.
135, 136. If a man depart this life without male issue; (i) his wife, (ii)
his daughters, (iii) his parents,[206] (iv) his brothers,[207] (v) the
sons of brothers,[208] (vi) others of the same _gotra_,[209] (vii) kindred
more remote,[210] (viii) a pupil, (ix) a fellow-student[211]--these succeed
to the inheritance; each class upon failure of the one preceding. This
rule applies to all the casts.
137. The heirs of a hermit, of a religious ascetic, of a professed
_brahmachári_,[212] are successively, the preceptor, the disciple, and
an associate dwelling in the same religious retreat.
138. One reunited[213] shall take the portion of his deceased reunited
co-sharer, and shall give it up to a [son, if one be afterwards]
born.[214] This is always so with uterine brothers.
139. A reunited half-brother shall take the property; not a
[separated] half-brother: but a [uterine brother] whether reunited or
not, shall take; this not being so with the half-brother.[215]
140. An impotent, an outcast as well as his son,[216] a cripple, a
madman, an idiot, one blind, one incurably diseased, and such
like,[217] are to be maintained, but do not share in the inheritance.
141. The _aurasa_ sons of those [disqualified] persons, also their
wives' sons,[218] if themselves free from defect,[219] succeed to
shares; and their daughters[220] are to be maintained until provided
with husbands.
142. [So] their childless wives shall be maintained, if of good
conduct; but shall be cast off, if of vicious habits, or of an evil
nature.[221]
143. What has been given [to a woman] by her father, her mother, her
husband, or her brother, or received by her before the nuptial fire,
or on occasion of her husband's marriage with another wife, and such
like,[222] is called _stridhana._
144. Gifts from her kindred, from the bridegroom [before marriage],
also subsequent gifts, descend to her own kindred, should she die
without issue.
145. The _stridhana_ of a wife dying without issue, who has been
married in one of the four forms of marriage designated _bráhma_
&c.,[223] belongs to the husband; if she have issue, then the
_stridhana_ goes to her daughters; should she have been married in
another form,[224] then her _stridhana_ goes to her parents.[225]
146. Whoso withholds his daughter,[226] after having promised to give
her [in marriage], shall be amerced, and shall reimburse all expenses
incurred with interest. If she die [after being affianced] he [_i. e._
the bridegroom] shall receive back what he has given, deduction being
made for the expenditure on both sides.
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