Verse 9.146

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

धनं यो बिभृयाद् भ्रातुर्मृतस्य स्त्रियमेव च ?? ।
सोऽपत्यं भ्रातुरुत्पाद्य दद्यात् तस्यैव तद्धनम् ॥ १४६ ॥

dhanaṃ yo bibhṛyād bhrāturmṛtasya striyameva ca ?? |
so'patyaṃ bhrāturutpādya dadyāt tasyaiva taddhanam || 146 ||

This rule refers to the case where the dead brother was one who had separated from the surviving brother; while the preceding verse was meant for that where the two brothers lived together. This is the only difference between this and the foregoing rules.

 

Medhātithi’s commentary (manubhāṣya):

‘Shall beget a child for that brother’—i.e., by the mode of^‘authorisation.’

‘Shall give the property to that child;’—nor to its mother.

It is in accordance with this principle that women are entitled to maintenance, and not to ownership of properties; as they are taken care of in oilier ways.

^‘His property’—i.e., the property of the separated brother.—(146)

 

Explanatory notes by Ganganath Jha

This verse occurs in Vivādaratnākara, (p. 542), which adds the following notes:—The man, who takes care of the property and widow of his brother who had separated from him, should beget a ‘Kṣetraja’ son on that widow and make over the property to that son, he should never take the property for himself.

It is quoted in the Mitākṣarā, (2.136), which says that the meaning is that even when the brother is divided, if he dies, his widow is to be in touch with his property only through the child, and not by her own right The Bālambhaṭṭī adds the following notes.—‘Bibhriyāt’, should take care;—‘tameva ca’ is another reading (for ‘eva taddhanam’);—‘taddhanam,’ the brother’s property;—‘tasyaiva,’ to the son;—the use of the word ‘dadyāt’ implies that the rule refers to the case of divided brothers; as in the case of Undivided brothers, there would be no property belonging separately to the dead brother.

It is quoted in Aparārka (p. 742), which explains ‘tasyaiva’ to mean ‘to the child only, not to its mother’;—in Parāśaramādhava (Vyavahāra, p. 357), which adds that the meaning is that when a divided brother has died, his widow can have anything to do with his property, only through her child;—in Nṛsiṃhaprasāda, (Vyavahāra, p. 41a);—and in Vīramitrodaya, (Vyavahāra 196a).

 

Comparative notes by various authors

(verses 9.145-148)

See Comparative notes for Verse 9.145.