Verse 9.201 [Disqualifications to Inheritance]

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

अनंशौ क्लीबपतितौ जात्यन्धबधिरौ तथा ।
उन्मत्तजडमूकाश्च ये च के चिन्निरिन्द्रियाः ॥ २०१ ॥

anaṃśau klībapatitau jātyandhabadhirau tathā |
unmattajaḍamūkāśca ye ca ke cinnirindriyāḥ || 201 ||

Eunuchs and outcasts, those born blind or deaf, idiots and the dumb, as well as those deficient in any organ, are entitled to no shares.—(201)

 

Medhātithi’s commentary (manubhāṣya):

(verses 9.182-201)

(No Bhāṣya available.)

 

Explanatory notes by Ganganath Jha

This verse is quoted in Smṛtitattva II (p. 385), as enumerating persons not entitled to inheritance, and hence to the offering of funeral oblations;—in Parāśaramādhava (Vyavahāra, p. 201, and again on p. 366), where ‘nirindriyāḥ’ is explained as ‘whose organs have become deficient through some disease’;—in Mitākṣarā, (2.140), which has the following notes;—‘Nirindriya’ is one whose organs have disappeared by reason of some disease;—these persons are debarred from inheritance, being entitled to mere subsistence and clothing; if they are not supported, his relations become degraded. The Bālambhaṭṭī adds the following explanations:—‘Jātyandha-badhirāḥ’ are those who are blind and deaf by birth,—‘mūka’ is one who is incapable from birth of uttering words,—thus are these two distinguished from ‘nirindriya,’ which means those who have lost some organ as the result of disease.

It is quoted in Vivādaratnākara, (p. 487), which adds the following notes:—The term ‘jāti’ is added with a view to denote incurability,—‘jaḍa,’ one who is incapable of distinguishing what is his own and what belongs to others,—‘nirindriyāḥ’ includes the lame and the like, who are not entitled to the performance of śrauta and smārta rites;—and in Dāyakramasaṅgraha, (p. 29).

It is quoted in Vyavahāramayūkha, (p. 73), which explains ‘nirindriyāḥ’ as devoid of the olfactory and other organs;—in Vīramitrodaya (Rājanīti, p. 40), which explains ‘nirindriya’ as one who has lost his organs through disease;—and in Madanapārijāta, (p. 682), which has the same explanation of ‘nirindriya’ and adds that all these men have no share in the property, but they have to he supported.

 

Comparative notes by various authors

(verses 9.201-202)

Gautama (18.43).—‘An idiot and a eunuch should he supported.’

Do. (Vivādaratnākara, p. 486).—‘According to some, even the son born of the wife of equal caste should not receive inheritance if she is addicted to unrighteousness.’

Baudhāyana (2.3.37-40)—‘Granting food, clothes and shelter, they shall support those who are incapable of transacting business; viz., the blind, the idiot, those immersed in vice, the incurable invalid, and the like;—as also those who are neglectful of their duties and occupations;—but not the outcast or his offspring.’

Āpastamba (2.14.1).—‘He should, during his life-time, divide his property equally amongst his sons,—excepting the eunuch, the insane and the outcast.’

Do. (Vivādaratnākara, p. 486)—‘All who are endowed with righteousness are inheritors of property; if one uses wealth unrighteously, him the father shall disinherit, even if he be the eldest son.’

Vaśiṣṭha (17.52-54).—‘But those who have entered a different order receive no share;—nor those who are eunuchs, insane or outcasts;—the eunuch and the insane have a claim to maintenance.’

Viṣṇu (15.32-33).—‘Outcasts, eunuchs, persons incurably diseased, and those deficient in organs of sense or action, do not receive a share;—but they should be maintained by those who take the inheritance.’

Yājñavalkya (2.140).—‘The eunuch, the outcast, the son of the outcast, the cripple, the insane, the idiot, the blind and one suffering from an incurable disease have no share in the property; but they should be maintained.’

Nārada (Aparārka, p. 749).—‘One who harbours ill-will towards his father, the outcast, the eunuch and one who has committed one of the minor offences, should not receive any share, even when they are body-born sons;—what to say of those that are only Kṣetraja sons?’

Do. (Vivādaratnākara, p. 489).—Those suffering from chronic or incurable diseases, the idiot, the insane, the blind and the cripple should be supported by the family; but their sons are entitled to shares in the property.’

Kātyāyana (Do., p. 750).—‘One born of a wife married irregularly, one begotten by a Sagotra husband, and one who has gone away as a renunciate, do not inherit property.’

Śaṅkha-Likhita (Vivādaratnākara, p. 486).—‘One who has been excommunicated ceases to have any claims to inheritance or the funeral offering of food and water.’

Bṛhaspati (Do., p. 487).—‘Even though a son may have been born from a wife of equal caste, yet he cannot inherit property if he is devoid of good qualities.’

Devala (Do., p. 489).—‘On the father’s death, the eunuch, the leper, the insane, the idiot, the blind, the outcast, the outcast’s child and the religious hypocrite, do not share in the inheritance; but food and clothing are given to all these, except the outcast. The sons of these however, if they are free from defects, should receive their share in the property.’