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1.98
NARADA.
XIII, 34.
34. Or, no paternal wealth being left, the initiatory ceremonies must be invariably performed for their brothers by those previously initiated contributing (the required) funds from their own portions.
*35. One who, being authorized to look after the affairs of the family, charges himself with the management (of the family property), shall be supported by his brothers with (presents of) food, clothing, and vehicles.
*36. When the fact of a legal partition should be called into question, the decision of the dispute (which has arisen) among the sharers shall be founded on (the testimony of) kinsmen, the written deed recording the division of the estate, and the separate transaction of business.
* 37. Among unseparated brothers, the performance of religious duties is single. When they have come to a partition, they have to perform their religious duties each for himself.
35. Some commentators explain this text as having reference to one who generously declines to take his share at the time of partition. His share shall be made up afterwards by the other brothers contributing severally a portion of their shares. However, there seems to be more foundation for the opinion of those commentators who interpret this text as ordaining the allotment of a preferential share or the presentation of special gifts to the manager of the family property. See Colebrooke's Digest, V, 2, 108.
36. The commentators observe that the contest here referred to does not turn on the mode but on the fact of partition. See Colebrooke's Digest, V, 6, 381. The business here referred to consists of agriculture and the like acts, according to the Mitâksharâ. Yâgñavalkya II, 149.
37. The term 'religious duties,' according to the Mitâksharâ, relates principally to the five Mahâyagñas, 'great sacrifices' or 'sacraments.' Before division they are performed by one brother, generally the eldest brother, as representative of the rest. Manu IX, 111; Gautama XXVIII, 4.
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