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 1386

XIII, 19.
INHERITANCE,
193
*16. A father who is diseased, or angry, or absorbed by (sinful) worldly interests, or who acts illegally, has not the power to distribute his property (as he likes).
*17. The son of a maiden, a son obtained through a pregnant bride, and one born of a woman (whose transgression was) unknown (at first and is found out subsequently): of these, the mother's husband is regarded as the father, and they are declared to be entitled to shares of his property.
* 18. A maiden's son, whose father is unknown and whose mother is not legally married (to his father), shall give a funeral ball (of rice) to his maternal grandfather and inherit his property. · *19. Those sons who have been begotten by one
or by many on a woman not authorized (to raise issue to her deceased husband), shall all be dis
meaning, viz. that a father may distribute his property among his sons as he pleases. They add, however, that in doing so he must be guided by lawful motives, such as compassion on an incapable son, partiality for a pious son, and the like. See Dâyabhâga II, 74, 75; Colebrooke's Digest, V, 1, 32. The Mayûkha, on the other hand, declares that this rule of Narada had legal force in the former ages of the world only. See Mandlik's Mayakha, p. 35 (transl. p. 43). Yâgħavalk ya II, 116.
16. This rule 'relates to the case where the father, through perturbation of mind occasioned by disease or the like, or through irritation against any one of his sons, or through partiality for the child of a favourite wife, makes a distribution not conformable to law. Colebrooke's Dâyabhâga II, 83. The Mitakshara (I, 2, 13, 14), cutting down the privileges of the father everywhere, interprets this rule as a prohibition of any other mode of unequal distribution except that by which the customary deductions are made in favour of the eldest son, &c.
17, 18. Manu IX, 170-172 ; Yågñavalkya II, 129; Vishnu XV, 10-17; Vasishtha XVII, 21-23. 19. Regarding the rule of Niyoga, or appointment of a married
[33]
Digitized by Google