Manusmriti with the Commentary of Medhatithi

by Ganganatha Jha | 1920 | 1,381,940 words | ISBN-10: 8120811550 | ISBN-13: 9788120811553

This is the English translation of the Manusmriti, which is a collection of Sanskrit verses dealing with ‘Dharma’, a collective name for human purpose, their duties and the law. Various topics will be dealt with, but this volume of the series includes 12 discourses (adhyaya). The commentary on this text by Medhatithi elaborately explains various t...

Verse 9.149 [Shares of Sons born of Mothers of diverse Castes]

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

ब्राह्मणस्यानुपूर्व्येण चतस्रस्तु यदि स्त्रियः ।
तासां पुत्रेषु जातेषु विभागेऽयं विधिः स्मृतः ॥ १४९ ॥

brāhmaṇasyānupūrvyeṇa catasrastu yadi striyaḥ |
tāsāṃ putreṣu jāteṣu vibhāge'yaṃ vidhiḥ smṛtaḥ || 149 ||

If to a Brāhmaṇa there be four wives in due order,—for partition among the sons born of these, the rule has been declared to be as follows.—(149)

 

Medhātithi’s commentary (manubhāṣya):

Order;’—this refers to what has been said in Discourse III.

This verse also is a brief indication of what follows.—(149)

 

Explanatory notes by Ganganath Jha

This verse is quoted in Vivādaratnākara (p. 527); and in Nṛsiṃhaprasāda (Vyavahāra 35b).

 

Comparative notes by various authors

(verses 9.149-157)

Vaśiṣṭha (17.47-50).—‘If a Brāhmaṇa has issue by wives belonging to the Brāhmaṇa, Kṣatriya and Vaiśya castes respectively,—the son of the Brāhmaṇa. wife shall receive three shares; the sou of the Kṣatriya wife, two shares;—the other sous shall inherit equal shares.’

Mahābhārata (13.47.4?, 56).—‘Something very good, a bull, a vehicle that may he the most important,—this shall be taken as a special share by the son of the Brāhmaṇa mother.’ (57 is the same as Manu 157).

Viṣṇu (8.(?)1-37).—‘If there are four sons of a Brāhmaṇa from wives of the four castes, they shall divide the entire estate of the father into ten parts; of these the son of the Brāhmaṇa wife shall take four parts; the son of the Kṣatriya wife, three parts; the son of the Vaiśya wife, two parts; the son of the Śūdra wife, a single part. Again, if there are three sons of a Brāhmaṇa by wives of the first three castes only, they shall divide the estate into nine parts; of these each shall take, in the order of his caste, shares amounting to four, three and two parts respectively. If there are three sons from the Brāhmaṇa, Kṣatriya and Śūdra wives, they shall divide the estate into equal parts; and take four, three and one parts respectively. If there are three sons of the Brāhmaṇa, Vaiśya and Śūdra wives, they shall divide the estate into seven parts and take four, two, and one parts respctively. If there are three sons of the Kṣatriya, Vaiśya and Shudra wives, they shall divide the estate into six parts and take three, two and one parts respectively. If a Kṣatriya has sons by a Kṣatriya, a Vaiśya and a Śūdra wife, the mode of division shall be the same (i.e., the estate being divided into six parts etc.). If the Brahmaṇa has two sons, one belonging to the Brāhmaṇa and another belonging to the Kṣatriya caste, they shall divide the estate into seven parts; and the Brāhmaṇa shall take four parts, and the Kṣatriya, three. If there are two sons to a Brāhmaṇa, one belonging to the Brāhmaṇa and another to the Vaiśya caste, the estate shall be divided into six parts, the Brāhmaṇa shall take four, and the Vaiśya, two parts. If there are two sons to a Brāhmaṇa, one belonging to the Brāhmaṇa and another to the Śūdra caste, the estate shall be divided into live parts; and the Brahmaṇa shall take four parts and the Śūdra a single part. If there are two sons to a Brāhmaṇa, or to a Kṣatriya,—one belonging to the Kṣatriya and another to the Vaiśya caste,—they shall divide the estate into five parts; the Kṣatriya shall take three parts and the Vaiśya two parts. If there are two sons to a Brāhmaṇa, or to a Kṣaṭtriya, one belonging to the Kṣatriya and the other to the Śūdra caste, they shall divide the estate into four parts; and the Kṣatriya shall take three parts and the Śūdra, a single part. If there are two sons to a Brāhmaṇa, or to a Vaiśya or to a Śūdra,—and the one belongs to the Vaiśya and the other to the Śūdra caste, they shall divide the estate into three parts,—the Vaiśya taking two parts, and the Śūdra, one. If a Brāhmaṇa has an only son, he shall take the whole estate, provided he be a Brāhmaṇa, Kṣatriya or Vaiśya. If the Kṣatriya has an only son, who is either a Kṣatriya or a Vaiśya, the rule shall be the same. If the Vaiśya has an only son who is a Vaiśya, the rule shall be the same. The only son of a Śūdra shall be the sole heir to his Śūdra father. A Śūdra who is the only son of a father of one of the twice-born castes, shall inherit one half of his property;—the other shall devolve in the same way as the property of one who dies without issue. Mothers shall receive shares proportionate to their son’s shares;—and so shall unmarried daughters. Sons of the same caste as their father shall receive equal shares;—a best part shall be given to the eldest son as bis additional share.’

Gautama (28.35-40).—‘The son of a Brāhmaṇa by a Kṣatriya wife, being the eldest and endowed with good qualities, shares equally with a younger brother born of a Brāhmaṇa mother;—but he shall not receive the additional share due to the eldest son. If there are sons begotten by a Brāhmaṇa on wives-of the Kṣatriya and Vaiśya castes, the division between them shall he in the same way as between the son of a Brāhmaṇa wife and that of a Kṣatriya wife. Similarly the two sons of a Kṣatriya born, one from the Kṣatriya and the other from the Vaiśya wife. The son of even a Śūdra wife,—if he is obedient like a pupil,—receives a provision for maintenance out of the estate of a Brāhmaṇa deceased without other male issue. According to some, the son of a woman of even equal caste does not inherit if he behaves unrighteously.’

Yājñavalkya (2.125)—‘The sons of the Brāhmaṇa, belonging to the four castes, shall receive, respectively, four, three, two and one parts of his estate; the three sons of the Kṣatriya, belonging to the Kṣatriya, Vaiśya and Śūdra castes, shall receive three, two and one parts;—the two sons of the Vaiśya, belonging to the Vaiśya and Śūdra castes, shall receive two and one parts.’

Bṛhaspati (Vivādaratnākara, p. 536).—‘If a Brāhmaṇa has no child except a son born from a Śūdra wife, this son, if obedient, shall receive a maintenance and the rest of his property shall go to his Sapiṇḍas.’

Bṛhaspati (Aparārka, p. 732).—That property of the Brāhmaṇa which has been derived from gifts shall not be inherited by his sons by the Kṣatriya and other wives; even though the father may have given this to these latter, the son of the Brāhmaṇa wife shall take it away on his death.’

Do. (Vivādaratnākara, p. 533).—‘The son of a Brāhmaṇa born from a Kṣatriya wife,—if he happen to be the eldest and possessed of good qualities,—may obtain the same share as the Brāhmaṇa sons; similarly with the Vaiśya son of a Brāhmaṇa.’

Nārada (Vivādaratnākara, p. 528).—‘Among the sons of the lower castes, horn of married wives, the shares go on decreasing by one.’

Śaṅkha-Likhita (Do., p. 531).—‘Among sons born from wives of other castes, there is a decrease in the inheritance by one half in each case.’

Do. (p. 536).—‘The son of the Śūdra wife is entitled to inherit property; whatever his father gives him, that shall be his share.’

Baudhāyana (Do., p. 532).—‘Between two sons, one born of the wife of the same caste as the father, the other of a wife of the next lower caste,—if the latter happens to be possessed of good qualities, he may obtain the special share of the eldest; or he may even become the master of the entire property.’

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