Sambodhi 1973 Vol 02

Author(s): Dalsukh Malvania, H C Bhayani
Publisher: L D Indology Ahmedabad

Page 21

APASTAMBA'S VIEWS ON INHERITANCE
Surabhi Sheth
A study of the Dharmiasätras is important for understanding the social and religious norms of carly society. As MM. Kane puts it : 'Their principle purpose is to dilate upon the rules of conduct, law and custom'.1 The i pustiba-Dharma-sitra (AP-Dh. S.) belongs to the Taittiriya sakha of black Yajurveda and dates betwcen 450-350 B, C. In this article, an attempt is made to analyse the views of Apastamba on Inheritance.
The problems of division of property and inheritance are treated at length in the AP-DI-s. In the very first sūtra, ĀP says that (1) the property should be divided by the father during his lifetime, (ii) the property should be divided equally among his sons (a) except the eunuch, the mad man and the outcast and (6) after having gladdened the eldest son dy sent (choice) poruon of his wealth ? As the division of property is to be done during the father's lifetune, it seems that the householders were supposed to become hermits or ascetics, during the rest of their life. But Gautamu clearly ays (XXVIII 1) that partition should be made after the death of the father. It may be done during the father's lifetime, if he so wishes, provided the mother is past child-bearing (XXVIII. 2), Haradatta, a couinentator on Āpastamba, here introduces a whole chapter on the division of a father's estate among his sons supplementing Apastamha's short rule by the texts of other lawyers. No doubt, Āpastamba means to lay down, in these and the following sutras, only the leading principles of the law of inheritance and he intends that the remaining particulars should be supplied from the law of custom or other Smrtis.
Ay mentioned above, ÅP. excludes a eunuch, an insane person and an outcast. According to Baudhiyana, the blind, idiot, eunch, one immersed in vicey, ail'liced with an incurable malady, one who neglects one's duties Aud occupations and an outcast are excluded from the inheritance, Manualse states that the cunuch, the degraded, one who is blind and veai frum bırtlı, insanc, inibecite, dumb and one without a limb cannot
1. Kunt. V, History of Dhrungstra (HL), Vol. I, Pt. I, P. 21. %. Ibiil., 2sıcl., p. 71). 3. एकनन जगाट नापयित्वा मीवन् पुत्रेभ्यो दार्य विभजेत् समं क्लीबमुन्मत्तं पतितं च परिहाप्य ।
Al. II, 6.13.13 Q. II. 6.141. 4. Bolales, 11n, of A1.Dh S., SBE series, p. 132, f n. 5. Vatr S.C.
1 11, Dhama-ülras, A Study in their origin and Development, p. 117,