Verse 9.158 [The Relative Status of the Twelve Kinds of Sons]

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

पुत्रान् द्वादश यानाह नॄणां स्वायम्भुवो मनुः ।
तेषां षड् बन्धुदायादाः षडदायादबान्धवाः ॥ १५८ ॥

putrān dvādaśa yānāha nṝṇāṃ svāyambhuvo manuḥ |
teṣāṃ ṣaḍ bandhudāyādāḥ ṣaḍadāyādabāndhavāḥ || 158 ||

Among the twelve kinds of sons that Manu sprung from the Self-existent one has mentioned,—six are kinsmen as well as heirs, and six are kinsmen, not heirs.—(158)

 

Medhātithi’s commentary (manubhāṣya):

This is a brief indication of what follows.

The term ‘bandhu’ stands for ‘bāndhava,’ ‘kinsman.’ Six inherit the man’s ‘family-name’ as well as ‘property’; while with the remaining six, the ease is the reverse of this.

What the true view is regarding this point, we shall explain later on.—(158)

 

Explanatory notes by Ganganath Jha

This verse is quoted in Vivādaratnākara (p. 549), which adds that the diversity of opinion on this question among the various Smṛtis—as regards the exclusion or inclusion of certain kinds of sons—is to be explained as based upon consideration of the qualifications of the sons;—in Vyavahāra-Bālambhaṭṭī (p. 552, 666 and 687);—in Dattakacandrikā (p. 61);—and in Vīvādacintāmaṇi (Calcutta, p. 147).

Medhātithi, Nārāyaṇa and Nandana take the latter half to mean that the six sons are neither bandhu (kinsmen) nor dāyāda (heir); Kullūka says that this explanation would be against the declaration of Baudhāyana;—Nārāyaṇa goes on to explain ‘bandhudāyāda’ as ‘heir to the kinsmen, i.e., inheritors of the estates of kinsmen, such as paternal uncles, on failure of sons and wives of these latter.’

 

Comparative notes by various authors

(verses 9.158-160)

Baudhāyana (2.3.31-32).—‘They quote the following verses: “The Body-born son, the son of an Appointed Daughter, the son begotten on a wife through another man, the adopted son and the appointed son, the son horn secretly,

and the son cast off are entitled to share the inheritance. The son of an unmarried damsel, the son of a pregnant bride, the son bought, the son of a re-married woman, the son self-given and the Niṣāda are only members of the family.’

Gautama (28.32-33).—‘The Body-born son, the son begotten on a wife through another man, the adopted son, the appointed son, the son born secretly, and the son cast off are inheritors of property. The son of an unmarried damsel, the son of a pregnant bride, the son of a re-married womans the son of an Appointed Daughter, the son self-given, and the son bought belong to the family;—these latter are entitled to one-fourth of a share, in the absence of the former six sons.’

Vaśiṣṭha (17.25-39).—‘They declare that, these six sons (Body-born, begotten on the wife through another man. the Appointed Daughter, son of a re-married woman, the son of an unmarried damsel, and the son secretly born) are heirs as well as kinsmen, preservers from great danger. Among those who are only kinsmen, not heirs are—one received with the pregnant bride, the adopted son, the son bought, the son sell-given, the son cast off, and the son of a Śūdra woman. They declare that the last-mentioned six sons shall take the heritage of him who has no heir belonging to the first six classes.’

Yājñavalkya (2.132).—‘Among the twelve kinds of sons, the one succeeding inherits the property and offers the B?? only in the absence of the preceeding.’

Śaṅkha-Likhita (Vivādaratnākara, p.??4).—‘The son cast off, the son born of the pregnant bride, the son adopted, the son bought, the son of the Śūdra wife, the son s??? given,—those six are non-inheritors;—among the six sons that are inheritors—viz., the Body-born son, the son begotten on the wife by another man, the son of the Appointed Daughter, the son of the remarried woman, the son born of an unmarried damsel, the son born secretly, there is an apportionment of shares;—two parts going to the father, two to the Body-horn son, and one each to the rest.’

Hārīta (Do.).—‘Six of the sons are both kinsmen and inheritors—viz., one begotten by oneself on a righteous wife, one begotten by one’s wife through another man, the son of a remarried woman, the son of an unmarried damsel, the son of an Appointed Daughter, and the son secretly born. The son adopted, the son bought, the son cast off, the son horn of a pregnant bride, the son self-given and the son found by chance are inheritors, not kinsmen.’

Devala (Do., p. 550).—‘These twelve sons have been declared to serve the purpose of perpetuating one’s line,—they being born of one’s own body, or of others, or found by chance;—of these, the first six are kinsmen as well as inheritors of the father. All these inherit the father’s property, in the absence of a Body-born son.’

Nārada (Do., p. 551).—‘The Body-born son, the son begotten on one’s wife through another man, the son of an Appointed Daughter, the son of the unmarried damsel, the son born of a pregnant bride, the son secretly born, the son of the remarried woman, the son east off, the son adopted, the son bought, the son appointed, the son self-given,—these are the twelve sons. Of these six are kinsmen as well as inheritors, and six are only kinsmen, not inheritors;—the preceding one being senior to the succeeding one.’