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 215: This is rather the paraphrase of the Commentator: the
text is very obscure. Yájnavalkya in these two verses promulgates,
according to the Commentator, the following law. A wife or a daughter
or a mother shall not be entitled (under a preceding rule) to take the
heritage, when there has been a reunion, after separation, of male
members of the family; and of course where there has been no division.
In the case of united brothers, where there is a full brother in the
union, he takes the property, in preference to a half-brother; but, if
the half-brother be united and the full brother separate, the two will
divide the property between them. When, of many full brothers, some
live united and others separate, those united will have the
preference. If there be half brothers, as well as full brothers, in
the union, the former take nothing; but all full brothers, living
separate, share with one or more united half-brothers. Where the
brothers all live separate the rule will of course not apply.]
[Footnote 216: _i. e._ according to the Ratnákara, a son born after
his degradation from cast.]
[Footnote 217: _scil._ hermits, devotees, one who is his father's
enemy, one guilty of a crime of minor degree, one deaf or dumb, one
deprived of an organ of sense. (_M._)]
[Footnote 218: supra sl. 128 (III).]
[Footnote 219: such as described sl. 140. (_M._)]
[Footnote 220: if there be no sons. (_M._)]
[Footnote 221: These three slokas are analogous to Manu, ch. 9, sl.
201, 2, 3.]
[Footnote 222: _scil._ acquisitions by inheritance, purchase,
partition, gift, finding. (_M._)]
[Footnote 223: supra, note[192].]
[Footnote 224: _asura_, _gándarbha_, _rákshasa_, _paiśácha._]
[Footnote 225: _i. e._ if she die without issue. (_M._)]
[Footnote 226: without just cause. (_M._) Yájnavalkya himself suggests
as a sufficient cause, a more eligible bridegroom offering; B. 1, sl.
65.]
[Footnote 227: if he have no other means. (_M._)]
[Footnote 228: The Commentator and other authorities interpret
_arddha_ in this place to signify, such proportionate part as shall
make the entire _stridhana_ of the first wife equal to that of the
second.]
[Footnote 229: and further, by enquiry as to the mode of performing
religious rites in the family. (_M._)]
[Footnote 230: Explained by the Commentator such as are free (as aged
men are presumed to be) from the trammels of worldly occupation and of
passion.]
[Footnote 231: Manu, ch. 8, sl. 258--262.]
[Footnote 232: the remains of burnt fuel. (_M._)]
[Footnote 233: of rice. (_M._)]
[Footnote 234: stones or other landmarks. (_M._)]
[Footnote 235: Manu, ch. 8, sl. 246--252.]
[Footnote 236: _i. e._ if none of the means indicated in the previous
sloka are available. (_M._)]
[Footnote 237: Manu, ch. 8, sl. 254--258.]
[Footnote 238: ibid, sl. 263.]
[Footnote 239: ibid, sl. 265.]
[Footnote 240: and towns. (_M._)]
[Footnote 241: Manu, ch. 8, sl. 262.]
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