Verse 9.134

Sanskrit text, Unicode transliteration and English translation by Ganganath Jha:

पुत्रिकायां कृतायां तु यदि पुत्रोऽनुजायते ।
समस्तत्र विभागः स्यात्ज्येष्ठता नास्ति हि स्त्रियाः ॥ १३४ ॥

putrikāyāṃ kṛtāyāṃ tu yadi putro'nujāyate |
samastatra vibhāgaḥ syātjyeṣṭhatā nāsti hi striyāḥ || 134 ||

But if a son happen to be born after the daughter has been ‘appointed,’ the division must be equal; as there is no seniority for the woman.—(134)

 

Medhātithi’s commentary (manubhāṣya):

The division shall be equal,—there shall be equal shares, with the son thus born.

This precludes the ‘preferential share.’

‘There is no seniority for the woman.’—The ‘seniority’ precluded is in regard to the share of inheritance only, and not in regard to the treatment to be accorded to her.—(134)

 

Explanatory notes by Ganganath Jha

This verse is quoted in Vivādaratnākara (p. 541), which adds the following notes:—The ‘putra’ here stands for the aurasa, ‘body-born,’ son;—‘anu’, after the ‘appointment’ of the daughter;—‘striyāḥ’, of the ‘appointed daughter’; who the ‘appointed daughter’ is, is described by Manu in verse 127.

It is quoted in Mitākṣarā (2.132) to the effect that when both the sons—the body-born son and the son born of the ‘appointed daughter’—are there, all the property is not to go to the former only. The Bālambhaṭṭī adds that the meaning of the last quarter is that the ‘special portion’ ordained for the ‘eldest son’ does not accrue to the ‘appointed daughter’ or her son.

It is quoted in Aparārka (p. 739);—in Parāśaramādhava (Vyavahāra, p. 347), which has the same note as the Mitākṣarā;—in Madanapārijāta (p. 654);—in Vivādacintāmaṇi (Calcutta, p. 150);—in Dāyakramasaṅgraha (p. 51);—by Jīmūtavāhan (Dāyabhāga, pp. 223 and 67), as setting forth a reason why the Appointed Daughter should offer the Ball through her son.

 

Comparative notes by various authors

Bṛhaspati (25.33, 35).—‘Of the thirteen sons mentioned by Manu, the Body-horn son and the Appointed Daughter continue the family. No one hut a Body-born son is declared to be the father’s heir; an Appointed Daughter is equal to him; all the others are entitled to maintenance only.’

Kātyāyana (Parāśaramādhava-Vyavahāra, p. 347).—‘On the birth of a Body-born son, the other sons are entitled to only a fourth part of the share, if they belong to the same caste as the father; if they belong to lower castes, they are entitled to food and clothing only.’