Verse 9.163

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

एक एवौरसः पुत्रः पित्र्यस्य वसुनः प्रभुः ।
शेषाणामानृशंस्यार्थं प्रदद्यात् तु प्रजीवनम् ॥ १६३ ॥

eka evaurasaḥ putraḥ pitryasya vasunaḥ prabhuḥ |
śeṣāṇāmānṛśaṃsyārthaṃ pradadyāt tu prajīvanam || 163 ||

The ‘legitimate’ (body-born) son is alone the owner of the paternal estate; but in order toavoid unkindness, he shall provide subsistence for the rest.—(163)

 

Medhātithi’s commentary (manubhāṣya):

If the legitimate son is there, all the others ‘Kṣetraja’ a nd the rest—are not ‘heirs;’ and they shall receive a subsistence allowance only from the legitimate son ‘Avoidance of unkindness’—avoidance of sin. That is the man would incur sin if he did not make the said provision.—(163)

 

Explanatory notes by Ganganath Jha

‘Pradadyāt jīvanam’.—‘And if one does not maintain them, he commits sin’ (Medhātithi and Kullūka),—‘but not, if they have other means of subsistence’ (Nandana).

This verse is quoted in Mitākṣarā (2.132), which notes that this rule is meant for those cases where the ‘adopted’ and other ‘secondary’ sons are either not friendly towards the ‘body-born’ son, or entirely devoid of good qualities. The Bālambhaṭṭī has the following notes:—‘ānṛśaṃsya’ means ‘avoidance of sin’; so that the meaning is that if maintenance is not provided, sin is incurred.

It is quoted in Vivādaratnākara (p. 542), which has the following notes:—‘Śeṣāṇām’, those precluded from inheritance;—‘ānṛśaṃsya’ is pity,—‘prajīvanam’, maintenance;—in Parāśaramādhava (Vyavahāra, p. 348), which adds that the verse is meant to be a mere eulogium on the ‘body-born’ son, it does not really preclude the fourth share for the other sons;—in Nṛsiṃhaprasāda (Vyavahāra, 40a);—

in Vivādacintāmaṇi (Calcutta, p. 149), which explains ‘ānṛśaṃśyam’ as ‘pity’, and ‘prajīvanam’ as ‘maintenance’;—and by Jīmūtavāhana, (Dāyabhāga, p. 229).

 

Comparative notes by various authors

Viṣṇu (15.28-30).—‘A mongst these sons, each preceding one is preferable to the one next in order;—he takes the inheritance before the next in order;—and he shall maintain the others.’

Yājñavalkya (2.132).—‘Among them, the succeeding one is entitled to offer the Ball and inherit the property only in the absence of the preceding one.’

Bṛhaspati (Vivādaratnākara, p. 541).—‘The Body-horn son alone has been declared to be the owner of the father’s property; equal to him is the Appointed Daughter; the other sons should be supported.’

Brahmapurāṇa (Do., p. 545).—‘The Body-born son, even though low-born, is the owner of the entire property.’