Zend Avesta Part 03

SR No.: 007673
Original Sutra Author: N/A
Author: L H Mills
Publisher: Oxford
Publication Year: 1887
Total Pages: 2618
Language: English
Classification: Book_English
File Size: 49 MB

Page 1382

XIII, 4.
MIXED CASTES; INHERITANCE.
189
is instituted by the sons, it is called by the learned, Partition of Property, a title of law.
* 2. The father being dead, the sons shall divide the estate as they ought; (and so shall) daughters (divide the property) of their mother (when she dies); or, failing daughters, their issue.
* 3. (The distribution of the property shall take place) when the mother has ceased to menstruate and the sisters are married, or when the father's sexual desire is extinguished and he has ceased to care for worldly interests.
*4. Or let a father distribute his property among his sons himself, when he is stricken in years, either allotting a larger share to the eldest son, or (distributing the property in any other way) following his own inclination.
more remote descendants. The term 'paternal' includes property of the grandfather and more remote ancestors as well. Mandlik's Mayakha, p. 33 (IV, 3, 1, Borrodaile). Analogous remarks are found in most other Commentaries.
2. Their issue' (tadanvayah). According to the usual explanation, the male issue of the daughters is meant. However, there is nothing in the text to warrant an exclusion of the female issue of daughters. Manu IX, 104, 192; Yagħavalkya II, 117; Gautama XXVIII, 1; Baudhayana II, 3, 8.
3. According to the Mayakha, the clause when the sisters are married' has to be construed with both the preceding and following clauses, the marriage of the sisters being required to precede both a division in the father's lifetime and a division in the mother's lifetime. See Mayokha, p. 33 (translation, p. 39). The Dayabhâga has a totally different reading of this text, which is censured in the Vîramitrodaya. Gautama XXVIII, 1.
4. The Dayabhaga (II, 82, Colebrooke) states correctly that the unequal distribution referred to in the last clause of this text must be different from that sort of unequal distribution under which the eldest son is to receive a larger share than the rest. The Mitaksharà school, on the other hand, recognises two different modes of
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