Apastamba Dharma-sutra
by Āpastamba | 1879 | 60,011 words
The Dharmasutra of Āpastamba forms a part of the larger Kalpasūtra of Āpastamba. It contains thirty praśnas, which literally means ‘questions’ or books. The subjects of this Dharmasūtra are well organized and preserved in good condition. These praśanas consist of the Śrautasūtra followed by Mantrapāṭha which is used in domestic rites and is a colle...
Praśna II, Paṭala 6, Khaṇḍa 14
1. He should, during his lifetime, divide his wealth equally amongst his sons, excepting the eunuch, the mad man, and the outcast.[1]
2. On failure of sons the nearest Sapiṇḍa (takes the inheritance).[2]
3. On failure of them the spiritual teacher (inherits); on failure of the spiritual teacher a pupil shall take (the deceased's wealth), and use it for religious works for the (deceased's) benefit, or (he himself may enjoy it);
4. Or the daughter (may take the inheritance).[3]
5. On failure of all (relations) let the king take the inheritance.[4]
6. Some declare, that the eldest son alone inherits.[5]
7. In some countries gold, (or) black cattle, (or) black produce of the earth is the share of the eldest.[6]
8. The chariot and the furniture in the house are the father's (share).[7]
9. According to some, the share of the wife consists of her ornaments, and the wealth (which she may have received) from her relations.[8]
10. That (preference of the eldest son) is forbidden by the Śāstras.[9]
11. For it is declared in the Veda, without (marking) a difference (in the treatment of the sons): Manu divided his wealth amongst his sons.[10]
12. Now the Veda declares also in conformity with (the rule in favour of the eldest son) alone: They distinguish the eldest by (a larger share of) the heritage.[11]
13. (But to this plea in favour of the eldest I answer): Now those who are acquainted with the interpretation of the law declare a statement of facts not to be a rule, as for instance (the following): 'Therefore amongst cattle, goats and sheep walk together;' (or the following), 'Therefore the face of a learned Brāhmaṇa (a Snātaka) is, as it were, resplendent;' (or), 'A Brāhmaṇa who has studied the Vedas (a Śrotriya) and a he-goat evince the strongest sexual desires.'[12]
14. Therefore all (sons) who are virtuous inherit.
15. But him who expends money unrighteously, he shall disinherit, though he be the eldest son.[13]
16. No division takes place between husband and wife.[14]
17. For, from the time of marriage, they are united in religious ceremonies,
18. Likewise also as regards the rewards for works by which spiritual merit is acquired,
19. And with respect to the acquisition of property.
20. For they declare that it is not a theft if a wife spends money on occasions (of necessity) during her husband's absence.[15]
Footnotes and references:
[1]:
14. The last Sūtra of Khaṇḍa 13 and the first of Khaṇḍa 14 are quoted by Colebrooke, Digest, Book V, Text xlii, and Mitākṣarā, Chap. I, Sect. iii, Par. 6. Colebrooke translates jīvan, 'during his lifetime,' by 'who makes a partition during his lifetime.' I think that this is not quite correct, and that Āpastamba intends to exhort householders to make a division during their lifetime, as later they ought to become ascetics or hermits. Haradatta introduces into his commentary on this Sūtra the whole chapter on the division of a father's estate amongst his sons, supplementing Āpastamba's short rule by the texts of other lawyers. No doubt, Āpastamba means to lay down, in these and the following Sūtras, only the leading principles of the law of inheritance, and he intends that the remaining particulars should be supplied from the law of custom or other Smṛtis.
[2]:
Haradatta gives in his commentary a full summary of the rules on the succession of remoter relations. One point only deserves special mention. He declares that it is the opinion of Āpastamba, that widows cannot inherit. In this he is probably right, as Āpastamba does not mention them, and the use of the p. 134 masculine singular 'sapiṇḍaḥ' in the text precludes the possibility of including them under that collective term. It seems to me certain, that Āpastamba, like Baudhāyana, considered women, especially widows, unfit to inherit.
[3]:
'Some say "on failure of sons," others that the rule refers to the preceding Sūtra (i.e. that the daughter inherits on failure of pupils only).'--Haradatta. The latter seems to be the correct interpretation.
[4]:
'Because the word "all" is used, (the king shall take the estate) only on failure of Bandhus and Sagotras, i.e. gentiles within twelve degrees.'--Haradatta.
[5]:
'The other sons shall live under his protection.'--Haradatta. Colebrooke, Mitākṣarā, Chap. I, Sect. iii, Par. 6.
[6]:
'"Black produce of the earth," i.e. black grain, or according to others black iron.'--Haradatta. Compare for this and the following Sūtras Colebrooke, Mitākṣarā, Chap. I, Sect. iii, Par. 6, and Digest, Book V, Text xlviii.
[7]:
The translation given above agrees with what I now recognise to be Haradatta's explanation, and with Colebrooke, Mitākṣarā, Chap. I, Sect. iii, Par. 6. Both the P. U. and Mr. U. MSS. of the Ujjvalā read rathaḥ pituraṃśo gṛhe yatparibhāṇḍam upakaraṇam pīṭhādi tadapi, 'the chariot (is) the father's share; the furniture which (is) in the house, that also.' To this reading Mahādeva's Ujjvalā on the Hiraṇyakeśi Sūtra points likewise, which gives pītur antaḥ. The N. U. MS. of the Ujjvalā, according to which p. 135 I made the translation given in the Appendix to West and Bühler's Digest (1st edition), leaves out the word aṃśaḥ, and therefore makes it necessary to combine this Sūtra, with the preceding one, and to translate, 'The father's chariot and the furniture in the house (are) also (the share of the eldest).' This latter translation agrees nearly with that given by Colebrooke, Digest, Book V, Text xlviii, where this and the preceding Sūtra have been joined; but the chariot is not mentioned. A further variation in the interpretation of this Sūtra occurs in Colebrooke's Digest, Book V, Text lxxxix, and Mitākṣarā, loc. cit., where the words 'the furniture in the house' are joined with Sūtra 9, and the furniture is declared to be the wife's share. Considering that Sūtra 9 is again quoted in Colebrooke's Digest, Book V, Text cccclxxii, and is not joined with the latter part of Sūtra 8, it is not too much to say that Jagannātha has not shown any greater accuracy than his brethren usually do.
[8]:
The Mitākṣarā, loc. cit., apparently takes the words 'according to some' as referring only, to property received from relations. I follow Haradatta. The former interpretation is, however, admissible, if the Sūtra is split into two.
[9]:
The Śāstras are, according to Haradatta, the Vedas.
[10]:
Taittirīyā Saṃhitā III, 1, 9, 4.
[11]:
'Athāpi (now also) means "and certainly." They distinguish, they set apart the eldest son by wealth: this has been declared in the Veda in conformity with (the rule regarding) one (heir, Sūtra 6). He denies (Sūtra 13) that a passage also, which p. 136 agrees with the statement that the eldest son alone inherits, is found in the Veda.'--Haradatta. See Taittirīyā Saṃhitā II, 5, 2, 7.
[12]:
Those who are acquainted with the interpretation of the law are the Mimāṃsakas. The translation of the second Vedic passage is by no means certain, as the root ribh, translated by 'to be resplendent,' usually means 'to give a sound.' Haradatta thinks that Āpastamba means to show that the passage 'Manu divided his wealth among his sons' is likewise merely a statement of facts, and cannot be considered a rule. This is probably erroneous, as Sūtras 10 and 11 distinctly state, that the practice to allow the eldest alone to inherit, is forbidden by the abovementioned passage of the Veda.
[13]:
Compare for this Sūtra and the following one Colebrooke's Digest, Book V, Text cccxv. The translation of pratipādayati, 'expends,' by 'gains,' which is also proposed by Jagannātha, is against Āpastamba's usage, see II, 5, 11, 17, and below, II, 8, 20, 19.
[14]:
According to Haradatta, this Sūtra gives the reason why, in Sūtra 1, no share has been set apart for the wife. Compare Colebrooke's Digest, Book V, Text lxxxix, for this Sūtra and the following two.
[15]:
See below, II, 11, 29, 3.