Verse 9.205

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

अविद्यानां तु सर्वेषामीहातश्चेद् धनं भवेत् ?? ।
समस्तत्र विभागः स्यादपित्र्य इति धारणा ॥ २०५ ॥

avidyānāṃ tu sarveṣāmīhātaśced dhanaṃ bhavet ?? |
samastatra vibhāgaḥ syādapitrya iti dhāraṇā || 205 ||

But if all of them are unlearned, and the property is acquired by their labour,—the division in that case shall be equal, the property being not ancestral. such is the settled rule.—(205)

 

Medhātithi’s commentary (manubhāṣya):

‘Unlearned’—i.e., devoted to agriculture, trade, service of the king and so forth.

In this case no intention is to be paid to the larger or smaller amount of property acquired by them. But even so, if some one of them happens to acquire a very large property, that of course is not to be divided among others.

This verse is in reality meant to be prohibitive of the ‘preferential share’ of the eldest, brother.

If the difference in the properties acquired by them is small, the shares shall be equal.

‘The property being not ancestral’;—the addition of this reason clearly indicates that this same rule applies also to the ease of the property of a childless person.—(205)

 

Explanatory notes by Ganganath Jha

‘Apitrye’.—This is construed by Nandana as apitryaḥ in the sense ‘since the division has not been made by the father’;—this rule refers to acquisitions by trade (Medhātithi, Kullūka and Nārāyaṇa), by agriculture (Medhātithi, Kullūka and Nandana), or service of the king (Medhātithi).

This verse is quoted in Vivādaratnākara (p. 507), which explains the meaning to be as follows:—In a case where all the brothers are unlearned, if they acquire wealth, this wealth, which is not inherited from the father, is to be divided equally among them, and there is not to be any additional share to any one on the ground of any additional amount of work that he may have done.

It is quoted in Vyavahāramayūkha (p. 57), which has the following notes:—‘Īhā,’ agriculture and the rest,—‘apitrye,’ which does not form part of the ancestral property.

It is quoted in Aparārka (p. 727);—and in Vivādacintāmaṇi (Calcutta, p. 137), which explains ‘īhā’ as ‘agriculture and the rest,’—and ‘samaḥ’ as ‘not unequal,’ which precludes the special share of 20 per cent.

 

Comparative notes by various authors

(verses 9.204-208)

See Comparative notes for Verse 9.204.