Verse 9.31 [To whom does the Child belong?]

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

पुत्रं प्रत्युदितं सद्भिः पूर्वजैश्च महर्षिभिः ।
विश्वजन्यमिमं पुण्यमुपन्यासं निबोधत ॥ ३१ ॥

putraṃ pratyuditaṃ sadbhiḥ pūrvajaiśca maharṣibhiḥ |
viśvajanyamimaṃ puṇyamupanyāsaṃ nibodhata || 31 ||

Listen to the following disquisition regarding the son, propitious and salutary to the world, set forth by the wise patriarchs and the great sages.—(31)

 

Medhātithi’s commentary (manubhāṣya):

‘Disquisitions’—the setting forth of a matter for investigation; or a dissertation.—‘Listen’ to that,—‘set forth’—put forward—‘regarding the son’—with reference to the son,—‘by the wise patriarchs and the great sages’

‘Salutary to the world’—calculated to do good to all men.

‘Propitious’—beneficial.

The subject of the ‘laws relating to children,’ which was introduced in verse 25 has been interrupted by the few verses dealing with the greatness of women; hence it has been necessary to recall attention to the original subject-matter—‘listen to the disquisition’.—(31)

 

Comparative notes by various authors

(verses 9.31-44)

(See also under 48-56.)

Gautama (18.9-14).—‘The child belongs to one who begets it except when an agreement to the contrary has been made. The child begotten on his wife at a living husband’s request belongs to the husband; but if begotten by a stranger, it belongs to the latter;—or to both;—but if reared by the husband, it belongs to him.’

Āpastamba (2.13.6-7).—‘A Brāhmaṇa-text says that the son belongs to the begetter. They quote also the following verse from the Veda:—“Having considered myself formerly as a father, I shall not now allow any longer my wives to be approached by other men, since they have declared that a son belongs to the begetter in the world of Yama. The giver of the seed carries off the son after death, in Yama’s world. Therefore they guard their wives, fearing the seed of strangers. Carefully watch over the procreation of your children, lest stranger-seed he sown on your soil. In the next world, the son belongs to the begetter; an imprudent husband makes the begetting of children futile for himself.”’

Vaśiṣṭha (17.6-9).—‘There is a difference of opinion. Some say the son belongs to the husband of the mother, and others say he belongs to the begetter. With respect to this they quote verses on both sides, like the following:—“If one man’s bull were to beget a hundred calves on another man’s cows, they would belong to the owner of the cows; in vain would the bull have spent his strength.” “Carefully watch the procreation of your offspring, lest strangers sow seed on your soil; in the next world, the son belongs to the begetter; by carelessness, a husband makes his offspring futile for himself.”’

Do. (17.63-64).—‘They declare that a son begotten on a widow who has not been duly authorised, belongs to the begetter; if she was duly authorised, then the child belongs to both the males connected with the authorisation.’

See Manu 10.72.

Śaṅkha-Likhita (Vivādaratnākara, p. 414).—‘The origin or soil is the most potent factor; that is why castes become intermixed.’

Do. (p. 581).—‘The declaration of the Veda is that the child belongs to the owner of the soil; some sages say that the child belongs to the mother; the child is said to belong to two fathers.’