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IX, 136.
INHERITANCE.
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take as his additional share one (most excellent) bull; the next best bulls (shall belong) to those (who are) inferior on account of their mothers.
124. But the eldest (son, being) born of the eldest wife, shall receive fifteen cows and a bull, the other sons may then take shares according to (the seniority of) their mothers; that is a settled rule.
125. Between sons born of wives equal (in caste) (and) without (any other distinction no seniority in right of the mother exists; seniority is declared (to be) according to birth.
126. And with respect to the Subrahmanya (texts) also it is recorded that the invocation (of Indra shall be made) by the first-born, of twins likewise, (conceived at one time) in the wombs (of their mothers) the seniority is declared (to depend) on (actual) birth.
124. Gaut. XXVIII. 15. May take shares.' i.e. may divide the (other) cows' (Medh., Kull.), or shall each receive one bull, a very good one, a less excellent one, in due order, according to the seniority of their mothers' (Når.).
125. As this verse and the following one contradict the rules given in verses 123-124, the commentators try to reconcile them in various ways. Medh. thinks that verses 123-124 are an arthavâda and have no legal force, and Ragh. inclines to the same opinion. Når. and Nand. hold that the seniority according to the mother's marriage is of importance for the law of inheritance (verses 123-124), but that it has no value with respect to salutations and the like or to prerogatives at sacrifices (verses 125-126). Kull., finally relying on Gov.'s opinion, thinks that the rules leave an option, and that their application depends on the existence of good qualities and the want of such. It is, however, probable that, according to the custom of Hindu writers, the two conflicting opinions are placed side by side, and that it is intended that the learned should find their way out of the difficulty as they can.
126. The Subrahmanyâ texts contain an invitation, addressed to Indra, to partake of the Soma; see aitareya-brahmana VI, 3. Nand. reads yamayos kaikagarbhe 'pi.
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