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 206: _pitárau._ First the mother, then the father--says the
Commentator. But Manu, ch. 9, sl. 185:--If a man die without male
issue, the father is heir; next to him in order, the brothers--and,
sl. 217--If a man die childless, his mother succeeds.--Such is the
contradictory character of texts and comments on this subject. The law
in use in Bengal is the reverse of the Commentator's gloss.]
[Footnote 207: first, of the whole blood; then, half-brothers. (_M._)]
[Footnote 208: as representing their respective fathers. (_M._)]
[Footnote 209: family; kindred of the same _stirpes_ or stock. These
are thus detailed by the Commentator;
1. paternal grandmother,
2. paternal grandfather,
3. paternal uncles,
4. sons of the uncles,
on failure of paternal grandfather's line, then,
5. paternal great-grandmother,
6. paternal great-grandfather,
7. their sons,
8. their sons' offspring.
All of whom (proceeds the Commentator) are _sapiṇḍas_, connected
by food oblations. If they fail, then follow those connected by the
water oblation only, _viz._ seven degrees in the ascending line beyond
_sapiṇḍas_, _i. e._ _samánodacas._]
[Footnote 210: divided by the Commentator into three classes, _viz._
1. of one's self, 2. of one's father, 3. of one's mother; as, the sons
of a father's or of a mother's sister, or a maternal uncle (one's own
kin)--the sons of a father's paternal or maternal aunt, or a father's
maternal uncle (a father's kin)--and those in the same relation to a
mother.]
[Footnote 211: _sa-brahmachári_, one instructed together with him in
his religious duties. This head applies only to the first three
classes, those invested with the sacred cord.]
[Footnote 212: as distinguished from the temporary _brahmachári_ or
religious student, which all of the twice born classes should be, in
youth.]
[Footnote 213: who, having been separated, again holds his property in
community with those from whom he had separated. Such reunion is
permitted only with the father, the brothers, and the paternal uncle.
(_M._)]
[Footnote 214: This participle has a masculine termination; and the
ellipsis is supplied from the Commentator.]
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