Book Title: Jaina Law Bhadrabahu Samhita
Author(s): J L Jaini
Publisher: ZZZ Unknown

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Page 131
________________ APPENDIX B. 117 the birth of the Dharmaj (begotten as a duty) son (i. C., the first son), the world calls a man's life fruitful, otherwise he is called sinful. This is very surprising. Men by having sons becomo religiously meritorious; and by being sonless, sinful. In this world, many men with sons are seen in a lot position and begging for grains. And sonless Tirthankaras (tho Jaina men-gods) are found to attain the fire great acquisitions (Eluman conception, Human birth, Renunciation, Omniscience and Liberation), their lotus-feet are adorable by the gods of gods, and they are possessed of inlight into the three torlds." This knocks atay the spiritual basis, upon rhich the high position of the first son rests in Hiņdn theory. Thus the first son, as sach, has no esclusivo or first right of succession in Jaina Lat. Ccssante Rationc legis ccssat lex ispa. But all this is really by the way. These interesting comparisons botteen Lindu and Jaina Lar uced not detain mo mach, The point which I have to decide on the lat and eridenco in this case is not thether a widor is a preforential heir to her own son, bnt rather the power of a Jaina childless Tridom of a soparated coparcener, to make a gift of her property by will. But the difference between the Hindu and Jaina points of vier at tbich I glanced above, gives us an insight into the psychology of the two systems of jurisprudenco, which gives the key to the dirergences between the two. It may not be inapposite to gire just a brief glance at the limited estate which a Hindn ridot is supposed to inherit. Hayno's history of this estate, is of course, classical. He holds that originally froman did not inherit at all (Janu ix, 185, 212, 217; Apastambha, Vasistha and Narada). He lays down the genesis of her estate in her right to maintenance by her husband's heirs, provided she tras chaste. She also bad a right to her husband's separate property. Then, a part of the property Tab set aside for her maintenance, and

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