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380
BRIHASPATI.
XXV, 65.
65, 66. To a father the funeral ball (Pinda) and water oblation shall be offered by his son ; in default of a son, the widow (succeeds); in her default, a uterine brother; in default of him, the co-heirs (dâyâdâh); afterwards, the property goes to the daughter's son.
67. Should a Kshatriya, Vaisya, or Sudra die without leaving male issue, or wife, or brother, their property shall be taken (as escheat) by the king, for he is the lord of all.
68. Except in the case of a Brahman; but a king bent on the practice of virtue must allot a maintenance to his women. Thus has the law of inheritance been declared.
69. For her food (he must assign) a Prastha of rice every afternoon, together with fuel, and one dress purchased for three Panas must be given to her every three months.
70. What is left after setting apart property suffi
daughter shall take an equal share.' Vâkaspatimisra, Kamalâkara, Nandapandita, and other commentators explain the term mâtarah, mothers,' as denoting step-mothers who have no issue, whereas in the first clause the term 'mother' (gananî), according to them, denotes a woman who has male issue. It seems more natural, however, to interpret the term 'mother' in the same way in both clauses. Vishnu (XVIII, 34, 35) has the analogous precept that mothers and maiden daughters shall receive shares corresponding to the shares of sons. Vishnu's rule relates to a division of property among sons differing in caste, and the present 'text of Brihaspati seems to apply to the same case.
65, 66. Aparârka; Smritik. XI, 4, 19 (Iyer). These texts are quoted in some works only, and it is certainly difficult to reconcile them with the other texts of Brihaspati on inheritance.
67. Col. Dig. V, 8, 446; D. XI, 1, 49; May. p. 83 ; Viv. p. 298.
68–71. Nandapandita's Vaigayantî ; Uggvalá, p. 82; Gautamîya Mitakshara. The reading in 71 is uncertain.
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