Hindu Law and Judicature from the Dharma-Sástra of YájnavalkyaYajñavalkya
Religion
Hindu Law and Judicature from the Dharma-Sástra of Yájnavalkya
Yajñavalkya
Hindu law
[Footnote 170: The Commentator divides written instruments into, 1.
public or given by authority, and, 2. private, or those which the
community use among themselves, and to which the rules in the text
apply. These again are either, autograph, _i. e._ wholly written by
the party who speaks by the document--or, written by another for him.
The last description, he says, require to be attested, and their
effect as proof depends upon local usage. He quotes Nárada as to the
private writings. For the instruments emanating from authority, he
refers to sl. 317, 318, 319 of Yájnavalkya's first Book, _viz._
"When the monarch bestows lands or creates a charge in favor
of any one, he shall, for information of future good
monarchs, put it in writing, either on cloth or copper,
setting his seal thereto. He shall inscribe the names of his
ancestors and his own [also the donee's (_M._)], the extent
of the gift, its description by boundaries, also the date;
all this shall be authenticated under his hand."
]
[Footnote 171: This word in the 94th sloka we have rendered
'discharge.' Its ordinary and literal sense is 'purification.']
[Footnote 172: _scil._ ordeals. (_M._)]
[Footnote 173: the ocean god.]
[Footnote 174: the inferior Brahmá, the immediate cause or creator of
the universe.]
[Footnote 175: It is only of self-acquired property that unequal
partition can be made. Of that which is inherited or ancestral, there
is co-ownership: it cannot therefore be apportioned at the father's
pleasure. (_M._) Infra sl. 121.]
[Footnote 176: Jagannát'ha, in his Digest, quotes the Dipakaliká and
other authorities interpreting this injunction to refer to such wives
only as have not male issue. (Colebrooke, vol. 3, p. 97.)]
[Footnote 177: Something, however valueless; in order that the heirs
of the separated son may have no claim to a share of the family
inheritance, (_M._) Manu, ch. 9, sl. 207.]
[Footnote 178: For instance, if one son have a large family, or be
disqualified to earn a livelihood, the father may give him a portion
larger than the others. But an unequal partition from angry impulse,
or weak-mindedness, has no validity. (_M._)]
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