Sambodhi 1973 Vol 02

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

Page 23

Apasatamba's views on Inheritance
divided his whole property equally among all his sons. But according to Apastamba, neither of the views represents rule of the time, since both are anuvadas and therefore mere statements of facts. Hence, according to Apastamba, all the sons who are virtuous14 inherit the property, and those who are unrighteous will be disinherited, even though the eldest son may be among them.15
In earlier, sutras,16 Apastamba clarifies his position by saying that the sons begotten by a man who approaches in proper season a woman of equal caste, who has not belonged to another man, and who has been married legally, have a right to follow the occupation of their castes and to inherit the estate, if they do not sin against either of their parents.17
Thus he says that if the
Apastmba states that on failure of sons, the nearest sapinda gets the inheritance.18 That at this juncture, he does not mention the widowed nother to inherit the property is significant, since, it seems that Apastamba, like Baudhayana, did not consider women and specially widows, fit to inherit, though after giving remote relations a priority in the inheritance, ultimately, he allows the daughter to partake it. sapindas are also not avaliable, the spiritual teacher inherits, on his failure, a pupile or the daughter may take the inheritance. This stra seems to place the daughter on an equal footing with those who are mentioned after the sapinda. As regards pupil, there is a condition that he may use the heritage for religious purposes for the benefit of the deceased. And on failure of all relations, the king takes the inheritance,
17
Apastamba makes one clarification with regards to the wife's share in the husband's property. He states that no division takes place between husband and wife 22 because from the time of marriage, they are united
13. मनुः पुत्रेभ्यो दायं व्यवदित्यविशेषेण श्रूयते XP. II. 6.14.11
14. सर्वे हि धर्मयुक्ता भागिनः AP. II. 6,14,14
15. यस्वधर्मेण द्रव्याणि प्रतिपादयति ज्येोऽपि तमभागं कुर्वीत AP II. 6.14.15 16. सवर्णापूर्वशास्त्रविहितायां यथर्तुं गच्छतः पुत्रास्तेषां कर्मभिरसम्बन्धः । AP. II 6.13.1 17. दायेन चाऽव्यतिक्रमम्बोभयोः । Xp. II. 6.19.2
18. पुत्राभावे यः प्रत्यासन्नः सपिण्डः । ĀP. II. 6.14,2
19 तदभावे आचार्य आचार्याभावेऽन्तेवासी इत्वा तदर्थेषु धर्मकृत्येषु वोपयोजयेत् ।
20. दुहिता वा । ĀP. II. 6.14.4
21. सर्वाभावे राजा दायं हरेत् । AP. II. 6.14 5 22. जायापत्योर्न विभागो विद्यते। AP. II. 6.14.16 Sambodhi 2.1
AP. II. 6.14.3