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74
VISHNU.
XVIII, 41.
41. If (brothers), who after a previous division of the estate live again together as parceners, should make a second partition, the shares must be equal in that case, and the eldest has no right to an additional share.
42. What a brother has acquired by his own efforts, without using the patrimony, he must not give up (to his brothers or other co-heirs), unless by his own free will; for it was gained by his own exertion.
43. And if a man recovers (a debt or other property), which could not before be recovered by his father, he shall not, unless by his own free will, divide it with his sons; for it is an acquisition made by himself.
44. Apparel, vehicles1 (carriages or riding-horses), and ornaments (such as are usually worn according to the custom of the caste), prepared food, water (in a well or pool), females (slaves or mistresses of the deceased), property destined for pious uses or sacrifices, a common pasture-ground 2, and a book, are indivisible.
42. The term svayamîhitalabdham has been translated according to Kullûka (on M. IX, 208). Nand. interprets this Sloka thus, 'What a brother has acquired by his own efforts, and what has been given to him, at his desire (by friends or others), he must not give up,' &c.
43. Here again I have followed Kullûka (on M. IX, 209), and deviated from Nand.'s interpretation, who renders this Sloka as follows, If a man recovers property, &c., or if he gains property by himself (by his learning or valour, &c.) ...
1
44. The term pattra has been rendered above in accordance with the first interpretation proposed by Nand., and with Kullûka's interpretation (on M. IX, 219). Vigñânesvara (in his comment upon the same passage of Manu) refers it to written documents, such especially as relate to a debt to be paid to the deceased; and
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