Verse 9.187

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

अनन्तरः सपिण्डाद् यस्तस्य तस्य धनं भवेत् ।
अत ऊर्ध्वं सकुल्यः स्यादाचार्यः शिष्य एव वा ॥ १८७ ॥

anantaraḥ sapiṇḍād yastasya tasya dhanaṃ bhavet |
ata ūrdhvaṃ sakulyaḥ syādācāryaḥ śiṣya eva vā || 187 ||

The property shall always devolve upon him who is nearest to the (deceased) ‘Sapiṇḍa’; after these either a ‘Sakulya’; or the Spiritual Preceptor, or the pupil.—(187)

 

Medhātithi’s commentary (manubhāṣya):

(verses 9.182-201)

(No Bhāṣya available.)

 

Explanatory notes by Ganganath Jha

‘Sapiṇḍāt’.—“In the text the word is masculine. Kullūka begins by taking it generally as masculine or feminine, then, after giving the law of inheritance for the sons, he begins by taking the wife as the first female inheritor, quotes seven verses of Bṛhaspati and Vṛddha Manu, and also Yājñvalkya (2.135-136) to prove the statement; and ends by giving a list of female sapiṇḍas, after denouncing Medhātithi, because he denies the wife the right of sharing the inheritance”.—Hopkins.

Rāghavānanda agrees, in substance, with Kullūka; but in order to make the rule still more fully agree with Yājñavalkya (2. 35-136), he asserts that the cognates (Bandhus) are also implied by the term ‘sakulya’.—According to Nandana, the ‘sakulyas’ are Samānadakas.

The first half of this verse is quoted in Mitākṣarā (2.136), as lending support to the view that among brothers, the first claim is that of the uterine one, those born of other mothers being a step further removed;—in Aparārka (p. 744) to the effect that the nearer sapiṇḍa has the prior claim,—‘nearness’ having been described under 186.

It is quoted in Vivādaratnākara (p. 592), which adds the following notes:—‘Anantaraḥ’, near,—‘dhanam’, of the man without son,—‘sakulya’ here stands for Samānadaka;—in Vyavahāramayūkha (p. 63), in support of the view that the claim of the sister comes next to that of the grandmother (paternal);—in Smṛtitattva II (p. 195), which explains the meaning to be that ‘from among the Sapiṇḍas of the dead man, the nearest will inherit his property’;—in Dāyakramasaṅgraha (pp. 10 and 28);—in Nṛsiṃhaprasāda (Vyavahāra, p. 40b);—in Vyavahāra-Bālambhaṭṭī (pp. 570 and 662);—in Vivādacintāmaṇi (Calcutta, p. 154);—and by Jīmūtavāhana (Dāyabhāga, p. 332), which, explains ‘sakulya’ as ‘beyond the Sapiṇḍa’, and also as ‘the descendant of great-great-grandfather’.

 

Comparative notes by various authors

(verses 9.186-189)

[See Text under 185.]

See Comparative notes for Verse 9.186.