Vinaya Texts

SR No.: 007684
Original Sutra Author: N/A
Author: T W Rhys Davids, Hermann Oldenberg
Publisher: Oxford
Publication Year: 1881
Total Pages: 2523
Language: English
Classification: Book_English
File Size: 47 MB

Page 2250

IX, 120.
INHERITANCE.
349
119. Let him never divide (the value of) a single goat or sheep, or a (single beast) with uncloven hoofs; it is prescribed (that) a single goat or sheep (remaining after an equal division, belongs) to the eldest alone.
120. If a younger brother begets a son on the wife of the elder, the division must then be made equally; thus the law is settled.
mentators the meaning is that, if a man leaves children by wives of different castes, the brothers are to provide for the dowry of the unmarried sisters of the same caste, i.e. a Brahmana's sons by a Brâhmana wife for the daughters of the latter, the sons by a Kshatriya wife for the daughters of the latter, &c. This meaning is more clearly expressed by Medh.'s reading, svábhyah svábhyas tu kanyâbhah, 'But the brothers shall give (portions) to the maiden (sisters), each to those of his own (caste).' Kull. adds, that the duty of providing for sisters devolves in the first instance on brothers of the full blood, and in default of such on half-brothers.
As regards the expression 'a fourth share,' Medh. says that a brother shall receive three-fourths and the sister one-fourth, and that, if there are many sisters, they shall receive one-fourth of the share of a brother of equal caste. Kull. agrees with the first part of the explanation, but adds, Hence it must be understood that even if there are many brothers and sisters of the same caste, but born of different mothers, one-fourth part must be given to the sisters of the full blood' (i.e. by their full brothers). Når. says,
They shall give each one-fourth part of their share, and take three parts; and the same division must be made if there are many daughters. But if there are many sons and one daughter, they must deduct from their several shares as much money as will be equal to a fourth part of one brother's share and give that.' Medh. censures those commentators who think that one-fourth share need not be actually given, but only as much as will suffice to defray the marriage expenses.
119. I. e. such an animal is not to be sold and the proceeds to be divided ; nor shall its value be made good to the other brothers by giving them other objects (Medh.. Kull., Nâr., Râgh.).
120. I. e. the Kshetraga receives no preferential share, as his father would have done. Kull. infers from this verse that, though
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