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CHAPTER LIV, 4-9.
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consciousness, and that, too, which the same man gave unto a daughter when he was ill, if given by him consciously, are even then proceedings to be granted; if given by him during unconsciousness it is just as though he died without an opportunity of speaking (avang-pfr02).
9. Of the property left by will ?, one share is needful for each separate daughter for whom a husband is not provided, and two shares for a wife who may be a privileged one 8; and so long as the wife is living she exists as the house-mistress of the family; moreover, it is not needful to appoint an
Vayals.
· For this uncommon word M14 substitutes avîk-andars, intestate;' but the meaning is that the gift is as invalid as if he had been unable to make a declaration of his intentions.
· Levatman andarx in K35, but M14 has avik andars, without a will,' which, at first sight, appears the more plausible reading (especially as avîk, without,' is written very much like avâk, with,' the Pâz. synonym of levatman). But on further consideration it seems equally probable that this section is intended to limit the power of a testator, so as to prevent him from dividing so much of his property as he leaves to his family in any unfair manner. The rule here laid down would, of course, also apply in cases of intestacy when the testator has no son; and is that given in the Persian Rivâyats.
This does not imply that a man might have more wives than one, but that wives are of five classes, according to the circumstances of the marriage. A padakhshah or 'privileged' wife is one who was a maiden married with the consent of her parents who have another child. A yükan or 'only-child' wife differs from the last merely by being an only child, and having, therefore, to give up her first child to her parents. A satar or 'adopted' wife is one who was a maiden enabled to marry by receiving a dowry from the relatives of a man who has died unmarried, on condition that half of her children shall belong to the deceased. A kakar or 'serving' wife is a widow who marries again. A khud-sarâi or 'self-disposing' wife is one who marries without her parents' consent (see Bd. XXXII, 6 n).
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