Sambodhi 1973 Vol 02

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

Page 22

Surabhi Sheth
get any portion from the father's property. The general opinion is that they should, however, be maintained by those who take the inheritance and their progeny can be given a share.
About a preferential share to be given to the eldest son, there is a difference of opinion among the various Acaryas. In the above sūtra, in the words 'ekadhanena jyestham toşayitvā', Apasta nba grants the eldest son's right to inherit some choice portion of wealth in addition to his share which will be equal to that given to other sous, but here he does not specify which iteins could constitute that choice portion of the wealth which has to be given to the eldest son alone After this be cites the opiulon of others who declare that the eldest son alone is entitled to inherit the property.? Haradatta comments that the other sons should live under his protection. In some countries, gold (or) black cattle, (or) black produce of the carth is the share of the eldest in the next sūtra, Apastamba comments that the chariot and the furniture in the house are the father's share. This implies that in the choice portion of the eldest son, the father's special share can be included. According to Vasistha (XVII. 42-45) the eldest son takes a double share and a tithe of the kine aad horses; the goats, the sheep and the house belong to the youngest son, and black iron, utensils, and furniture go to the middlemost. Baudhayana specifies the additional share of the eldest by stating that according to the order of the four castes, the eldest son gets a cow, a horse, a goat and a sbeep (II. 2. 3. 9).
Apastamba contends that the eldest son may be given a choice portion of wealth and after pleasing him thus, the rest of the property may be divided equally among all the sons, but Āpastanba does not agree with the opinion of some other Acāryas who entitle the eldest son alone to inherit property. He says that the Sastras forbid any preferential treatment to the eldest son, 11 According to Apastamba, the Śāstras give both the views, viz, U) that the eldest son should be given preferential treatment, 12 and (c) that all sons should be given equal treatment since Manu
6. Cf. tigit stefaal seu tafatt ayti
IFHEYET #fafaf fagt: #1 Manu 9.201 7. '578741474 * AP. Dh.S 11.6.14,6, cf. Gautama (xxviii, 19) ar garnata
विभूयात् पितृवत्'। 8. cf. Colebrooke, Mitāk şarī, Ch. I, Secl, iii, Par. 6. 9, fat gayon ma: F 4 F 1 Ap. II. 6.14.7. 10. u: fia: afoga Āp. II, 6 14.8 11. t rafalgar 1 AP, II, 1,14.10 12. maila alipsie, ga wata faqatgalega ĀP. II, 6.14.12