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IX, 168.
INHERITANCE.
361
165. The legitimate son and the son of the wife (thus) share the father's estate ; but the other ten become members of the family, and inherit according to their order (each later named on failure of those named earlier).
166. Him whom a man begets on his own wedded wife, let him know to be a legitimate son of the body (Aurasa), the first in rank.
167. He who was begotten according to the peculiar law (of the Niyoga) on the appointed wife of a dead man, of a eunuch, or of one diseased, is called a son begotten on a wife (Kshetraga).
168. That (boy) equal (by caste) whom his mother or his father affectionately give, (confirming the gift)
to Nâr. it refers, however, to the case where a man died, leaving several widows, and one was appointed to bear a son by her brotherin-law, while another afterwards proved to be pregnant and bore a legitimate son. The Kshetraga receives one-fifth, if he is endowed with good qualities, else one-sixth' (Medh., Kull., Nár., Ragh., Nand.).
165. Vas. XVII, 39. Gotrarikthâmsabhâginah, 'become members of the family (i.e. succeed to the family rights and duties) and inherit' (Medh., Kull., Nand.), may also be translated, share the family estate,' as Nar. proposes. But his suggestion that the family estate is here mentioned in order to exclude them from their father's self-acquired property is doubtlessly wrong. Equally inadmissible seems another explanation, mentioned by Nâr. and Nand., according to which amsabhậginah, they share,' is to mean they obtain (such) a share (as will suffice for their maintenance).
166. Ap. II, 18, 1; Vas. XVII, 13; Baudh. II, 3, 14; Vi. XV, 2; Yâgñ. II, 128. I read prâthamakalpikam with Medh., Gov., Nâr., and K. Râgh. gives prathamakalpikam. Kull. and Nâr. think that the wife must be of equal caste, while Medh. says that sva means "his own,' not 'of his own caste.' Medh, mentions Kull.'s opinion as that of others.
167. Vas. XVII, 14; Baudh. II, 3, 18; Vi. XV, 3; Yâgñ. I, 69, II, 127-128.
168. Vas. XVII, 29; Baudh. II, 3, 20; Vi. XV, 18-19; Yâgñ.
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