Verse 9.156

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

समवर्णासु वा जाताः सर्वे पुत्रा द्विजन्मनाम् ।
उद्धारं ज्यायसे दत्त्वा भजेरन्नितरे समम् ॥ १५६ ॥

samavarṇāsu vā jātāḥ sarve putrā dvijanmanām |
uddhāraṃ jyāyase dattvā bhajerannitare samam || 156 ||

Or, all the sons of twice-born men, born of wives of the same caste, shall divide the property equally, after the others have given to the eldest his ‘preferential share.’—(156)

 

Medhātithi’s commentary (manubhāṣya):

In the absence of any other alternative, (he term ‘or’ can be explained only as referring to what is here stated.

Whether the wives belong to the same caste or to different castes, it is only the Śūdra son that has been precluded from inheriting the entire property; hence, what is asserted here must be understood to apply to twice-born sons only. Consequently, the sense is that if a Brāhmaṇa has no son born of his Brāhmaṇa wife, his sons horn of the other wives, inherit his entire property. Similarly, the son of the Vaiśya wife of the Kṣatriya father.

The text cannot mean that ‘after the preferential share has been given to the eldest brother, all the sons born of wives of different castes shall divide equally,—with those born of the wives of the same caste.’ As this would he contrary to what has been said before (in 153) regarding each son of the lower caste receiving one share less than that of the higher caste.

It has been argued that—“This equality would be right in a case where the sons of the wife of the same caste are devoid of qualities, while those of the lower castes are duly qualified; specially in view of what has been declared by Gautama (28.40)—according to same people, a son of the wife of the same caste does not inherit, if he is misbehaved.”

This, however, is not right. Because, the caste of the son is the most important consideration. In fact, the revered teachers have declared that as soon as the son (of the wife of the same caste) has been born, he becomes the owner of the entire property.

Thus, the rule on this subject should be as that when there are no sons of the wife of the same caste, oven those sons that are born of wives of different, castes should give to the eldest brother of the same caste as themselves, his preferential share and divide the rest equally.—(156)

 

Explanatory notes by Ganganath Jha

This verse is quoted in Vivādaratnākara (p. 532), which adds the following explanation:—In cases where twice-born men have many sons from several wives of the same caste as themselves ,—or (as indicated by the term ‘vā’) many sons from several wives of diverse castes,—the sons shall divide the property equally after having given something to the eldest brother as his ‘additional share.’

It is quoted in Smṛtitattva II (p. 193).

 

Comparative notes by various authors

(verses 9.149-157)

See Comparative notes for Verse 9.149.