Verse 9.119 [Non-partition oif the Odd Cattle]

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

अजाविकं सेकशफं न जातु विषमं भजेत् ।
अजाविकं तु विषमं ज्येष्ठस्यैव विधीयते ॥ ११९ ॥

ajāvikaṃ sekaśaphaṃ na jātu viṣamaṃ bhajet |
ajāvikaṃ tu viṣamaṃ jyeṣṭhasyaiva vidhīyate || 119 ||

One shall not divide an odd goat, or sheep, or an animal with uncleft hoofs; the odd goat or sheep is declared to belong to the eldest.—(119)

 

Medhātithi’s commentary (manubhāṣya):

‘Animal with uncleft hoofs;’—such as the horse, the mule, the ass etc. When the number of cattle available do not admit of division in equal numbers, then the odd animal should be given to the eldest brother; and its value shall not be made good by giving (to the other brothers) other things, nor shall the animal be sold and its value distributed among the brothers equally.

‘Ajāvikam;’—the singular form is justified on the ground of its being a copulative compound standing for animals.—(119)

 

Explanatory notes by Ganganath Jha

This verse is quoted in Mitākṣarā (2.119), to the effect that of the animals mentioned, if an odd one remains after partition, it is to be given to the eldest brother;—in Madanapārijāta (p. 686), to the same effect;—in Aparārka (p. 723), which explains ‘viṣamam’ as a number different from (not a multiple of) the number of brothers;—in Vivādaratnākara (p. 498), which says that the odd animals are not to be partitioned by being sold and the value divided, they should be taken by the eldest brother;—and in Vyavahāramayūkha (p. 57).

 

Comparative notes by various authors

Baudhāyana (2.3.9).—‘The additional share of the eldest brother is a cow, a horse, a goat and a sheep, respectively, for the four castes.’