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 2276

IX, 209.
375
207. But if one of the brothers, being able (to maintain himself) by his own occupation, does not desire (a share of the family) property, he may be made separate (by the others) receiving a trifle out of his share to live upon.
INHERITANCE.
208. What one (brother) may acquire by his labour without using the patrimony, that acquisition, (made solely) by his own effort, he shall not share unless by his own will (with his brothers).
209. But if a father recovers lost ancestral pro
present received, in token of respect, with the honey-mixture,' e. g. a silver vase (Râgh.), is preferable. Regarding the persons worthy of the honey-mixture, see above, III, 119-120. Kull. points out that this rule is a restriction of that given above, verse 204. Râgh. adds that, as the parallel passage of Yâgñ. shows, such acquisitions become the private property of the donee, only if they were obtained 'without detriment to the paternal estate ;' see also below,
verse 208.
207. Yâgn. II, 116. The translation given above follows the second explanation offered by Medh., and the glosses of Kull. and Nâr. According to Medh.'s first explanation, with which Nand. agrees, the translation would agree with Sir W. Jones's, 'he may debar himself from his share.' The reason why a trifle should be given is, according to all commentators, that future disputes may be prevented.
208. Yâgn. II, 118; Vi. XVIII, 42. By his labour,' i. e. 'by agriculture and the like' (Medh., Kull., Nand.), or by any occupation entailing trouble' (sramaganyakarmanâ, Nâr.). Anupaghnan, 'without using' (Nand.), or without living upon' (Râgh.), is explained by Kull. 'without detriment to,' and Nand. mentions this interpretation also. Nâr. remarks that acquisitions made without labour or trouble are liable to partition. Nand. says that the rule, given in this verse, may be reconciled with that contained in verse 205, by assuming that the latter presupposes that all brotl.ers exert themselves according to their ability (pûrvam sarveshu yathâsâmarthyam fhamâneshu bhrâtrishu labdhasya samavibhaga ukta ity avirodho 'nusamdheyah).
209. Yâgn. II, 119; Vi. XVIII, 43. The translation of paitrikam, lit.'paternal,' by ' ancestral,' is based on Nâr.'s gloss svapitri
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