Verse 9.164

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

षष्ठं तु क्षेत्रजस्यांशं प्रदद्यात् पैतृकाद् धनात् ।
अउरसो विभजन् दायं पित्र्यं पञ्चममेव वा ॥ १६४ ॥

ṣaṣṭhaṃ tu kṣetrajasyāṃśaṃ pradadyāt paitṛkād dhanāt |
auraso vibhajan dāyaṃ pitryaṃ pañcamameva vā || 164 ||

When the legitimate son is dividing the paternal estate, he shall give to the ‘Kṣetraja’ son one-sixth or one-fifth part of the father’s property.—(164)

 

Medhātithi’s commentary (manubhāṣya):

It being possible for men to entertain the notion that, like the ‘bought’ son, the ‘Kṣetraja’ (‘soil-born’) son also is entitled to subsistence only,—the text lays down the optional alternative that he may receive a share out of the property. What the exact share shall be shall depend upon the man’s qualifications.—(164)

 

Explanatory notes by Ganganath Jha

This rule refers to the case where the Kṣetraja was born before the ‘body-bom’ son, and received no property from his progenitor-father (Rāghavānanda);—It refers to the case where a man dying leaving several widows, one of those is ‘commissioned’ to bear a son, while another gives birth to a ‘body-born’ son (Nārāyaṇa).

This verse is quoted in Vivādaratnākara (p. 543), which adds that the option of ‘fifth’ and ‘sixth’ share is meant to be determined by the presence or absence of good qualifications in the Kṣetraja son concerned;—in Parāśaramādhava (Vyavahāra, p. 348), which deduces the following conclusion:—If the Kṣetraja son is endowed with exceptionally good qualifications, he receives a fourth share; if he is devoid of good qualities and also unfriendly to the ‘body-born’ son, then only a sixth share; if he is only devoid of qualities, but not unfriendly,—or if is he unfriendly but not devoid of qualities,—then a fifth share,—and by Jīmūtavāhana (Dāyahhāga, p. 229).

 

Comparative notes by various authors

Baudhāyana (2.3.11).—‘If a body-born son is born, the other sons who belong to the same caste shall obtain a one-third share of the estate.’

Bṛhaspati (see above under 163).

Do. (Vivādaratnākara, p. 545).—‘The son begotten on one’s wife through other men, and the other sons are entitled to five, six and seven parts.’

Kātyāyana (Vivādaratnākara, p. 544).—‘When the body-born son is born, the other sons belonging to the same caste as the father obtain a third part of the estate; those belonging to other castes are entitled only to food and clothing.’

Hārīta (Do., p. 545).—‘When dividing the property, one should give to the son born of the unmarried damsel, the twenty-first part, the twentieth part to the son of the remarried woman, the nineteenth to the son of two fathers (i.e., the secretly born son), the eighteenth to the son begotten on one’s wife through another man, the seventeenth to the son of the apppointed daughter, and the other sixteen parts to the body-born son.’

Brahmapurāṇa (Do.).—‘The body-born son even when low-born is entitled to the entire property; the son begotten on one’s wife by another man takes the third part, the son of the appointed daughter takes the fourth, the appointed son takes the fifth, the secretly-born son takes the sixth, the son cast off takes the seventh part, the son born of the unmarried damsel takes the eighth, the son horn of the pregnant bride takes the ninth, the bought sou takes the tenth, the son horn of the remarried woman takes the eleventh, the self-given son takes the twelfth, and the Śūdra son takes the thirteenth part of the father’s estate.’

Śaṅkha-Likhīta (Do., p. 547).—‘The estate shall be divided into ten parts, of which two shall go to the father, two to the body-born son, three between the sons begotten on one’s wife by another man and the son of the appointed daughter; and one each to the rest.’