Verse 9.211

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

येषां ज्येष्ठः कनिष्ठो वा हीयेतांशप्रदानतः ।
म्रियेतान्यतरो वाऽपि तस्य भागो न लुप्यते ॥ २११ ॥

yeṣāṃ jyeṣṭhaḥ kaniṣṭho vā hīyetāṃśapradānataḥ |
mriyetānyataro vā'pi tasya bhāgo na lupyate || 211 ||

If the eldest or the youngest of the brothers should be deprived of his shares,—or if either of them dies,—his share does not become lost.—(211)

 

Medhātithi’s commentary (manubhāṣya):

If among the brothers, ‘the eldest or the youngest’ brother ‘should be deprived of his share’—by being found to be debarred on account of having become an out-east or stone such disability,—or ‘if he dies’—‘his share does not become lost’;—how this share shall be disposed of is explained in the following verse.—(211)

 

Explanatory notes by Ganganath Jha

‘Hīyetāṃśapradānataḥ,’—‘On account of having become an outcast and so forth’ (Medhātithi),—‘by becoming an ascetic’ (Kullūka and Nandana),—‘by having emigrated’ (Nandana),—‘by becoming an eunuch after the first partition’ (Nārāyaṇa).

‘Bhāgo na lupyate.’—‘His share must not be divided by his co-parceners among themselves’ (Nārāyaṇa); ‘the disposal of his share is prescribed in the next verse’ (Medhātithi, Rāghavānanda).

This verse is quoted in Mitākṣarā (2. 139), which explains the meaning as follows:—‘among united brothers, if, at the time of partition, one—either the eldest or the middle or the youngest—should happen to be disqualified from receiving his share—either by entering another stage of life or by committing such heinous sins as the killing of a Brāhmaṇa, or if he happen to die,—then his share is not lost, i. e., it has to be set aside, and not divided among his co-parceners’.

It is quoted in Madanapārijāta (p. 678), which adds the same explanation as Mitākṣarā; but as grounds of disqualification, it mentions ‘entering of another life-stage or becoming an outcast’; it adds that the next verse lays down what is to be done with the share thus set aside.

It is quoted in Aparārka (p. 749), which explains ‘amṣhapradāna’ as partition; and points out that ‘hīyate’ means disqualification by reason of ‘renunciation’, ‘becoming an outcast’ and so forth; his share however is not lost, does not disappear,—it has to be determined and disposed of as laid down in the next verse.

It is quoted in Vivādaratnākara (p. 601), which explains as follows:—‘Hence among united brothers, if anyone should take to renunciation, or by some such cause become deprived of his share, or should happen to die, his share does not disappear’;—and in Dāyatattva (p. 55).

It is quoted in Vyavahāramayūkha (p. 67), which explains ‘hīyate’ as ‘by reason of entering another state or becoming an outcast—and in Parāśaramādhava (Vyavahāra, p. 362), which adds the following explanation:—‘Among united brothers, who are sons of different mothers, if any one,—either the eldest or the middle or the youngest—should be deprived of his share at the time of partition—by reason of his having gone to a foreign country and such other causes—his share does not disappear; it has to be set aside, and not divided among the co-parceners.’

 

Comparative notes by various authors

(verses 9.211-212)

Viṣṇu (17.17).—‘A re-united co-parcener shall take the share of his re-united co-parcener who has died without issue; and a uterine brother that of his uterine brother; and they shall give the shares of their deceased co-parceners and uterine brothers to the sons of the latter.’

Yājñavalkya (2.138).—‘Between two re-united co-parceners, if one should die, the other shall take his share; hut in the event of a posthumous son being born to the former, the living co-parcener shall make over the dead father’s share to that son. Similarly in the case of two re-united uterine brothers.’

Bṛhaspati (25.74-76).—‘When anyone brother should die, or anyhow renounce worldly interests, his share is not lost; it is allotted to his uterine brother. If there be a sister, she is entitled to a share of his property. This is the law regarding the property of one destitute of issue, and who has left no wife or father. When two co-parceners have again become united, they shall mutually inherit their property.’

Śaṅkha (Vivādaratnākara, p. 603).—‘Among brothers, if anyone, without issue, should renounce the world, or die,—the remaining brothers shall divide among themselves all his property, except the strīdhana.’

Kātyāyana (Do., p. 605).—‘The shares of re-united co-parceners shall be taken by re-united co-parceners; those of brothers living separately by those living separately;—in both cases, if there is no wife or other heir.’