Verse 9.214

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

सर्व एव विकर्मस्था नार्हन्ति भ्रातरो धनम् ।
न चादत्त्वा कनिष्ठेभ्यो ज्येष्ठः कुर्वीत योतकम् ॥ २१४ ॥

sarva eva vikarmasthā nārhanti bhrātaro dhanam |
na cādattvā kaniṣṭhebhyo jyeṣṭhaḥ kurvīta yotakam || 214 ||

All brothers addicted to evil deeds are unworthy of having property; and the elder brother shall not have a separate hoard without making a contribution to his younger brothers.—(214)

 

Medhātithi’s commentary (manubhāṣya):

‘Addicted to evil deeds’— doing such acts as are forbidden.

When all the brothers are working for the benefit of the whole family, if the eldest brother surreptitiously takes possession of and invests the property, under the impression that he would show them the ‘principal’ if they ask for it,—then he should he made to hand over to all the brothers, the principal along with the interest that may have accrued to it. But if at the very outset, he lays the whole property before his brothers and says openly—‘Here is the property, each of you take your share, I shall separate mine and earn interest on it,’—then they are not entitled to the interest thus earnad; which belongs exclusively to the eldest brother, and forms his ‘special hoard.’—(214)

 

Explanatory notes by Ganganath Jha

‘Vikarmasthāḥ.’—‘Addicted to gambling, drinking and similar vices’ (Kullūka and Rāghavānanda);—‘who following despicable modes of living, such as cattle-breeding, serving śūdras and the like’ (Nārāyaṇa).

‘Yautakam.’—‘Separate hoarding’ (Medhātithi and Kullūka;—‘shall not, out of the common property, give a dowry to his daughter’ (Nandana).

The first half of this verse is quoted in Aparārka (p. 720 and p. 749);—in Vivādaratnākara (p. 480), where ‘Vikarmasthāḥ’ is explained as ‘addicted to gambling and so forth’—and it is noted that others have explained it as meaning ‘behaving in a manner calculated to ruin the family’;—in Vyavahāramayūkha (p. 73), in the sense that so long as well-behaved sons are present, the property cannot go to the ill-behaved ones;—and in Vīramitrodaya (Vyavahāra 222a).

 

Comparative notes by various authors

[See texts under 201-202.]

Mahābhārata (13.105.10).—(Same as Manu.)

Gautama (28.40).—‘According to some, the son of a wife of equal caste even does not inherit, if he be living unrighteously.’

Baudhāyana (2-3.38-39).—‘Those immersed in vice, those who neglect their duties and occupations are only entitled to maintenance.’

Āpastamba (2.14.15).—‘Him who spends money unrighteously, the father shall disinherit, oven though he be the eldest son.’

Śaṅkha-Likhita (Vivādaratnākara, p. 486).—‘Those excommunicated become deprived of inheritance and funeral offerings and libations.’