Institutes of Vishnu — XVIII.

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# XVIII.

1. 1.If there are four sons of a Brâhmana (springing from four different wives) of the four castes, they shall divide the whole estate of their father into ten parts.

1. 1.Of these, let the soil of the Brâhmana wife take four parts;

1. 1.The son of the Kshatriya wife, three parts;

1. 1.The son of the Vaisya wife, two parts;

1. 1.The son of the Sûdra wife, a single part.

[22. My rendering of this Sloka is based upon Kullûka's interpretation of the identical passage of Manu (IX, 200), which is supported by Vigñânesvara (Mitâksharâ I, 4, 19 in Colebrooke's version), Mâdhava (Burnell, Dâya-Vibhâga 51), Varadarâga (Burnell, Varadarâga's Vyavahâranîrnaya 49), and others. Nand. proposes a different interpretation, on which rests Dr. Bühler's rendering, 'Those ornaments, which the wives usually wear, should not be divided by the heirs whilst the husbands are alive.'

XVIII. 1-5. M. IX, 149, 151-153; Y. II, 125.--11, 25-27. Y. II, 125.--1-31, 38-40. Colebrooke, Dig. V, 3, CLIII.--32-37. Colebrooke, Dig. V, 3, CLXXII. V, 2, LXXXVI; V, 1, LIV.--36. Y. II, 114;--Âpast. II, 6, 14, 1.--41. M IX, 210.--42, 43. M. IX, 208, 209; Y. II, 118, 119.--44. M. IX, 219; Gaut. XXVIII, 46, 47.--43, 44. Colebrooke, Dig. V, 2, XCI; V, 5, CCCLXIII.]

1. 1.Again, if there are three sons of a Brâhmana (by wives of different castes), but no son by a Sûdra (wife) among them, they shall divide the estate into nine parts.

1. 1.(Of these) let them take, each in the order of his caste, shares amounting to four, three, and two parts of the whole respectively.

1. 1.(If there are three sons by wives of different castes, but) no Vaisya among them, they shall divide the estate into eight parts, and take four parts, three parts, and one part respectively.

1. 1.(If there are three sons, but) no Kshatriya among them, they shall divide it into seven parts, and take four parts, two parts, and a single part respectively.

1. 1.If there is no Brâhmana, among them, they hall divide it into six parts, and take three parts, two parts, and a single part respectively.

1. 1.If there are sons of a Kshatriya by a Kshatriya, a Vaisya, and a Sûdra wife, the mode of division shall be the same (i.e. the estate shall be divided into six parts, &c.)

1. 1.Again, if there are two sons of a Brâhmana, the one belonging to the Brâhmana and the other to the Kshatriya caste, they shall divide the estate into seven parts; and of these the Brâhmana son shall take four parts;

1. 1.The Kshatriya son, three parts.

1. 1.Again, if there are two sons of a Brâhmana, and the one belongs to the Brâhmana and the other to the Vaisya caste, the estate shall be divided into six parts; and of these, the Brâhmana shall take four parts;

1. 1.The Vaisya, two parts.

1. 1.Again, if there are two sons of a Brâhmana, and the one belongs to the Brâhmana and the other to the Sûdra caste, they shall divide the estate into five parts;

1. 1.And of these, the Brâhmana shall take four parts;

1. 1.The Sûdra, a single part.

1. 1.Again, if there are two sons of a Brâhmana or a Kshatriya, and the one belongs to the Kshatriya and the other to the Sûdra caste, they shall divide the estate into five parts;

1. 1.And of these, the Kshatriya shall take three parts;

1. 1.The Sûdra, one part.

1. 1.Again, if there are two sons of a Brâhmana or a Kshatriya, and the one belongs to the Kshatriya, the other to the Sûdra caste, they shall divide the estate into four parts;

1. 1.And of these, the Kshatriya shall take three parts;

1. 1.The Sûdra, a single part.

1. 1.Again, if there are two sons of a Brâhmana or a Vaisya or a Sûdra, and the one belongs to the Vaisya, the other to the Sûdra caste, they shall divide the estate into three parts;

1. 1.And of these, the Vaisya shall take two parts;

1. 1.The Sûdra, a single part,

1. 1.If a Brâhmana has an only son, he shall take the whole estate, provided he be a Brâhmana, Kshatriya, or Vaisya.

1. 1.If a Kshatriya has (an only son who is) either a Kshatriya or a Vaisya, (the rule shall be the same.)

1. 1.If a Vaisya has (an only son who is) Vaisya, (the rule shall also be the same);

1. 1.(And so shall the only) son of a Sûdra (be sole heir) to his Sûdra (father).

1. 1.A Sûdra, who is the only son of a father belonging to a twice-born caste, shall inherit one-half of his property;

1. 1.The other half shall devolve in the same way as the property of one who died without leaving issue.

1. 1.Mothers shall receive shares proportionate to their son's shares;

1. 1.And so shall unmarried daughters.

1. 1.Sons, who are equal in caste (to their father), shall receive equal shares.

1. 1.A best part (the twentieth part of the inheritance, &c.) shall be given to the eldest, as his additional share.

1. 1.If there are two sons by a Brâhmana and one by a Sûdra wife, the estate shall be divided into nine parts; and of these, the two sons of the Brâhmana wife shall take two parts, the one son of the Sûdra wife, a single part.

1. 1.If there are two sons by a Sûdra, and one son by a Brâhmana wife, the estate shall be divided into six parts; and of these, the son of the Brâhmana wife shall take four parts, and the two sons of the Sûdra wife together shall take two parts.

1. 1.Upon the same principles the shares have to be adjusted in other cases also.

[33. See XVII, 4 seq.

1. 1.'That is to say, a Brâhmana wife shall take four parts, a Kshatriya wife, three parts,' &c. (Nand.)

1. 1.See Gaut. XXVIII, 5.]

1. 1.If (brothers), who after a previous division of the estate live again together as parceners, should make a second partition, the shares must be equal in that case, and the eldest has no right to an additional share.

1. 1.What a brother has acquired by, his own efforts, without using the patrimony, he must not give up (to his brothers or other co-heirs), unless by his own free will; for it was gained by his own exertion.

1. 1.And if a man recovers (a debt or other property), which could not before be recovered by his father, he shall not, unless by his own free will, divide it with his sons; for it is an acquisition made by himself.

1. 1.Apparel, vehicles (carriages or riding-horses), and ornaments (such as are usually worn according to the custom of the caste), prepared food, water (in a well or pool), females (slaves or mistresses of the deceased), property destined for pious uses or sacrifices, a common pasture-ground, and a book, are indivisible.

[42. The term svayamîhitalabdham has been translated according to Kullûka (on M. IX, 208). Nand. interprets this Sloka thus, 'What a brother has acquired by his own efforts, and what has been given to him, at his desire (by friends or others), he must not give up,' &c.

1. 1.Here again I have followed Kullûka (on M. IX, 209), and deviated from Nand.'s interpretation, who renders this Sloka as follows, 'If a man recovers property, &c., or if he gains property by himself (by his learning or valour, &c.) . . . '

1. 1.The term pattra has been rendered above in accordance with the first interpretation proposed by Nand., and with Kullûka's interpretation (on M. IX, 219). Vigñânesvara (in his comment upon the same passage of Manu) refers it to written documents, such especially as relate to a debt to be paid to the deceased; and {footnote p. 75} this interpretation is mentioned by Nand. also. But there is no reason why an unliquidated demand should not be divided; and written documents are only twice referred to in the code of Manu (VIII, 168, and IX, 232).-- in translating the term prakâra I have again followed Kullûka loc. cit.; see also Petersburg Dictionary s. v. Nand. interprets this term as denoting 'a path leading to or from the house.']

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