Manusmriti with the Commentary of Medhatithi

by Ganganatha Jha | 1920 | 1,381,940 words | ISBN-10: 8120811550 | ISBN-13: 9788120811553

This is the English translation of the Manusmriti, which is a collection of Sanskrit verses dealing with ‘Dharma’, a collective name for human purpose, their duties and the law. Various topics will be dealt with, but this volume of the series includes 12 discourses (adhyaya). The commentary on this text by Medhatithi elaborately explains various t...

Verse 9.145 [Status of the Son Born by ‘Authorisation’]

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

हरेत् तत्र नियुक्तायां जातः पुत्रो यथौरसः ।
क्षेत्रिकस्य तु तद् बीजं धर्मतः प्रसवश्च सः ॥ १४५ ॥

haret tatra niyuktāyāṃ jātaḥ putro yathaurasaḥ |
kṣetrikasya tu tad bījaṃ dharmataḥ prasavaśca saḥ || 145 ||

The son born of the ‘authorised’ woman shall inherit, like the ‘legitimate’ son; as legally that seed is of the owner of the soil and the offspring belongs to him.—(145)

 

Medhātithi’s commentary (manubhāṣya):

Like the legitimate, son’;—this has been enjoined here with a view to permit the ‘preferential share’ ordained for the eldest brother; as no other ‘equality’ is possible (between the two kinds of sons). What the present, rule premite is the ‘preferential share’ for the ‘Kṣetraja’ son born of the eldest wife. To this extent, this is a exception to ‘the equal shares’ laid down in verse 121. And since both the rules are equally authoritative, they must he treated as optional alternatives,—the adoption of the one or the other being dependent upon the qualifications of the persons concerned. Apart from this there would be no purpose in this verse; as all that is herein staled has been already laid down elsewhere.

That seed is of the owner of the soil,’—because it serves his purposes. This is purely commendatory; hence it is added ‘legally’—i.e., according to the law.

Another reason for this lies in the fact that the ‘child’—which is the visible embodiment of the seed—belongs to the owner of the soil.

This verse is purely declamatory.—(145)

 

Explanatory notes by Ganganath Jha

“Medhātithi and Kullūka state that the object of this verse is to teach that a Kṣetraja, if endowed with good qualities, may even receive (against verse 120) the additional share of an eldest son;—Nārāyaṇa says the expression ‘like a legitimate son’ is used in order to establish the title to an equal share.”—Buhler.

 

Comparative notes by various authors

(verses 9.145-148)

Bṛhaṣpati (25.35).—‘No one but the Body-born son is the inheritor of the father’s property; an Appointed Daughter’s also is equal to him; all the other sons are entitled only to maintenance.’

Like what you read? Consider supporting this website: