Mahavira Smruti Granth Part 01

SR No.: 010530
Original Sutra Author: N/A
Author: Kamtaprasad Jain, Others
Publisher: Mahavir Jain Society Agra
Total Pages: 363
Language: Hindi
Classification: Smruti_Granth
File Size: 9 MB

Page 295

R. N SHAH
२७१
(1) A person having no issue (geft) is not called sinful (2) Law of Partition is discussed in Bhadrababu-Samhita 10-11.
(3) Sister's daughter is given a share in the stridhan property.
(4) Absolute right of Jain widow over her husband's property is recognised.
(5) Jain Muni cannot hold any property.
(6) Adoption It has no religious significance It is merely secular.
(7) No theory of पिंडदान, तर्पण or श्राद्ध for the soul of father and his सद्वृति in the next and this world. Salvation does not at all depend upon anybody, except himself
(8) No different schools of succession among Jains as we find in Hindu Law.
(9) Half-blood and full-blood distinction not accepted among Jains.
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(10) Monogamy accepted with certain exceptions
To conclude with, I may be allowed to refer to a recent ruling of the Bombay High Court ( 50 Bom L. R 127 ) (1948) which is a glaring instance of injustice and defect in the so-called present Hindu Law.
Even Justice Dikshit remarked :- If some of the principles of Hindu Law are not in accord with changing ideas of society, it is for the Legislature to intervene In this case a gift of a small portion of joint property to Shri Janasenswami Bhattarak 1. e Jain Jagad guru of Kolhapur for building hostels for Jam-students studying at Dharwar was held invalid as it does not come within the expression 'for pious purposes' of Hindu Law 1. e. as defined in Brabmanical Smritis ond Srutis Jain Law was prevalent, the, case would have decided otherwise. The said gift would have been held Valid This decision is an additional ground for the Jains to claim for codifying Jain Law.