·WITÅKŞARÀ 1. I 3 $ bandhat, by the selttion to tho orner, ora, solely forgalmatlad, by reason Fatt nn)sys, of another, 7 sao, property, मवति bharati, becomas, afind thit, ad achy&te, 18 called, a named, na signifted 2, LIure the term heritage (daya) signsfiles that wealth, which bocu mos thu qruperty of anotliur, solely by reason of rolation to the owner. सच विविधः । अप्रति गन्धः सपतिवन्धश्च । तत्र पुत्राणां पौत्राणों व पुषस्वेन पौत्रत्वेन च पितृधन पितामहधर चस्व मवतीयप्रतिबन्धोदायः । पितृव्यमानादीनां तु पुनाभावे स्वाम्यभावे च स्वभयतीति पुषसद्भाप. स्वामिसद्भावश्चप्रतिबन्धस्तदभावे पित्यत्वेन भ्रातृत्वेन च स्य भवतीति सप्रतिबन्धो दायाप तत्पुत्राविष्यप्यूहनीयः । # Anh, it, Telia, and, fafas dvi vidhah, of two sorts, wafany: apratıbradlia, unobstracted, wafaqa: sapratıbsodba, liable to obstruction, clin, oud. wa tatra, there , Sorg putrinam, of Bona , gent paatranôın, of grandsons, cha, end, gura patratved, by virtue of boing Burrs , na aulratvena, by right of being grandsone , cba, and , f putri dhanain, the wealth of the father , POETATUTE puta. mahu dhacain, the taalth of the grandfatlior ; Tcho, and, frusyum, one's own property Haft bhayatı, becomes , xfati, , asfeerat apratubendhals, not liable cu obstract100 , 919. dayuh, heritage, fameuwrallant pitriyya bli atriyy @Jiuato, of uncles and brothers and the rest, & tu, bat, gama atra abhayo, sh the absence of male 18:20 , tentuar syaraya bhåve, in the absence of tho ownol , chá, and , tax svbm, proport's aft bhavatı, becomes faits, thus, g7 patra god-bhåpch, tho actual (ITU) existeoce (77) of B Bon (97) , igna: svåmı end bhôveh, the actual existenca SL servival of the orinr , che, and , lagu, pratibaodoh, impodiment, apart sdnbhave, on their coaging, fagocean piepiryatiens, in right of being anclo, ura bhralrityena, it right of being a brother , cha, and Tu sam, property (his own) wala bliaynti, ber Comos , & far it, thus , as faza apsatılandhah, hab's to obetraction, subject ta olstruction, 19 dâyah, beritage, at evan, thus, agnif tat, utradişa, in respect of tliair sons ind other (descondants), afgapı algo , tai abadiyah, 18 to be ressuned vr to be in ferred, to be taken as holding good g. It is of two sorts probsiruotod (rpratında) or 117. ablo to obstruction (sapratilradl.1) Tho ncalth of the father or of the paternal grandfather, becomes the properıs af 1119 sons or of bus grandsvus !n right of their being his sons or grandsons : ?

·YAJNAVALKYA SURITIj and that is an inhertange not liablo to obstinguion But propárty devolves on parents (or unoles)" brothers and the rest, upon the demišu of tho ownor, if there bo no malo issue, and thus the actual eristence of a son and the survival of the owner ale impediments to the succession, and, on their coasing, the property devolves on the succes or in the right of his being uncle or brother This is an inheritance suliest to obstruction, Tho siunc holds good in respect of their sons and other (deoendants) Balambhatta . Gloss 2,3 - He explain the term "beritage' 'Hero' means while denling with the partition of heritage' It excludes the popular idea of acqpis tion by galo etc, Relation means the connection of the proveng with the proprietors, of the song wth tho owner of the property c That the koru heritage' is conventionally used wbea tbe property of the former owner on the cessation of his ownership passes to another, og said previously, 18 related because it contravenes the text of partition is effdcted (I! 114) which proaap poses the ownership with birth Thir kind of heritage is called 'onbbstractedl, it is a Vuktsrihz compound Hlu explained the first kod , 'atra' means of the two' Under text 'the land of the grand father - (FI 121 ) the grand 9003 hare eqq. eight, in the peoporty with their father by runin it thor birth without any other muss OE acquisition It is naobstractod beritage Le proceeds to dogoribe the secand kind of heritage which is liable to obstruction of the ancle and brother and the rest in the text means the uncle, brother and others Out of honour he is mentioned first, the anole being entitled to the property is described already Løre tho obypet in montioning uncle is by way of illustration but not to indicato order There is another reading father and brotber &c', this indicates the order and moana parents and brother &c "Opon the demise of the owdor of thora bo do mal. 1$90' contem. plates the absence of both (the prepositus u the local descendants).. 10 respect of their bods and other insan3 tI-9DAS &- of the acolo &c, because when those whare entitled tth. property of the deceased by roasun of the obtruotod line cotno ander the first category and sboro who are obstra tej (by the presense of such lineal descendants) come, nader the seco id category विभागोनाम द्रव्यसमुदायविप्रयाणामनरस्वाम्यानां तदेकरयेषु व्यस्प. व्यवस्थापनम् । forum o Vibhagał na na, part tion 1(meanst 464-9fra for droga hamadiga risasanam, of the objects of the whole of tho woalth, *** FISI TTT doska hringin, of divers rights its tad-ekadesagu ou particular portives of the aggregate, ut drieganga, of the whole ·4 MITAKŞARÂ J. I. $. wealth; 4a711974 vyasth&penam, adjastment. 1. Partitions (vibhaga) is the adjustmont of divers" rights regarding the whole, by distributing them on particular portions of tho aggr eate. Balambhalta's Gloss. 4. Having explained the meaning of tho torm''heritago', he expla. ans the meaning of the term 'partition'. The separata allotment of the shares in the joint property of those who are not divided as of sons who huve equal ownership therein is denoted by the term 'partition'. एतदेवाभिप्रेत्याक्तं नारदेन ॥ विभागोऽर्थस्य पियस्य तनयैर्यत्र कल्प्यते । दाय. भागइति मोकं व्यवहारपदं पुधैरिति । पिझ्यस्येति स्यत्वनिमिससंयन्धोपलक्षणम् । तनयरित्यपि प्रत्यासनोपलक्षणम् । gag Dtad thus, a evo, vory, the game opinion; wrten abhipretya, mooning, intonding, referring, supporting ; 964 uktam, it is said, rhrdena, by Naiad, lar: vibhagah, diviainn ; et arthasya, of tha Cstato , foste patrgaega, of the paternal ; 074: tunayoiḥ, by the sons ; 97 entra, where, at kalpynte, is instilated ; qi #7: daya-bhagaḥ, partirun of heritag, fa iti, as ; IT proktam, called ; agre-77. vynys. håra-adam, topio of litigation ; gú: budhaib, by the wino Pa iti, so, thus ; f5*7 pitrynsya, "of the paternal"; faiti, means; para svatya, of proporty ; fafar uimitta, the cause (which is); flotorulare saubau. alha-ajalakannern, something that traplies tho relation ; 44: tadyaiļi, by Kons'; & fit 111, this ; afa api, too; FARAHUE pratyásadna-oplakpanoma, 1N) somothing that implies propinquity. 6. Entertaining tho samo opinion, Narada says, "Whero a division of the paternal estate is instituted by song, that booomes a topio of litigation called by tho visc partition of lcritugu". "Paternal" hero implies ang relation, which 19 a cause of property. “By song" iudicatos propinquity in general. Balambhatta's Gloss. 5 Ho eur ports the aboso vios from quotation from Narads. Paitrasya (paternal) is formed by adding 'an' according to tho rulo ODORcustod by PANID (':s it.' IV 3 120. Seo for further explanation Panini's Grannar of the Pantai Office, at page 792 ); while 'pitryasys' Fluch 18 the reading of Kalpatara is not correct, bocanso it is road in eoonection trith the rights of the deities. Yatra in the text of Narada means 'in litigation. There is another reading afgør' (topic of dispute); lere fat qualides the thing described.

·YAVAVALKYA SURITI 3 2 In order to avoid the defect, he esplaids one's said wealtlı yassing to another Paternal' in the text which moans the relation with the owner by virtue of which ownership in the proj orty, orises is br way of ullastration It includes the property of the grandfather alsu He therefore Asya 'sons', 'propinqnity means anobstucted relation l ho revirasly and division of tho individed land, gold eto, in which thero is a right by birth, in the absence of the conclusive proof of title by rong in of their being incapable of special mode of transfer by casting lots 18 set aside By reason of the general nature of the relationship causing to ownorship and by reason of the absence of the cycladire roff title in kcoping the property intact, at 18 very difficult t) any otherwise then also, thoro will be freedom of action and mornsl hostility इदमिह निरूपणीयम् । कस्मिन्काले कस्य कथ कैश्च विभाग कर्तव्याति । तत्र कस्मिन्काले फथ कैयेति तत्र तत्र श्लोकायाख्यानरय पदयते । कस्यविगागरत्ये तायदिदचिन्त्यते। <<dam this these pornis Eihe, hors, ander the hond , fe 7997 air panayam, to bu explained fat kasman at what , d. kale, (at) time , **1 kasya, of what , 4 kathare how, knih, by whimcha, and , fun vibh&gub, a partition , der kartavgalt, is to be mado इति atı, so, thae, then, now ay tatra, there, En kasının, at what, Er kAlo, time , x katham, how. $ kaih, by whom, cha, and . xfa itu, all thcoo a az tatra tatra, 10 thuse ysrions places, and respectively, ulargara Aluka vyaklano, in the course of a torproting staozas, gava, vory, indeod , ota yakşyate, will be explained , 67 kasya, of what, fait vibhagah, the partition plaani, thus , 88197 Olbvad, this much much, riba, aero, format oluntyate, is considered 6 Tho points to be explained under this (hoad of interitanco) aro, at what time, how, and by whom, a partition is to bo mado, of what, Tho timo, tho manner, and the persone, when, in w luel, and by whom it may be niide, will be oxplained in the course of interpreting stanzas on those bulje els repcrcly. What thint 19, of which a partition takes place is bere considered किंपिभामरस्परपात स्यस्य मताधिभागाति । ततस्यत्यमेश सापनिमप्यते । किशास्त्रसमधिगन्य स्वस्वमुत प्रमाणान्तरसमधिगम्यमिति । for kua what, lyhotlior, it (tu be taken as showing the interrogativo form) fa vibayat, from artitoa, 71 aratvain, j rojerty Tuta or , ? Yosya of roperty , 77: sath which is į re-01111cn: ARD Y bhagah proports, for it, so, thus , 07 tatre, under tbus , {TITY sratratu, proprietary right, 7092, tko samo, itself, ac tatad, Lolis, beccstart. BO ·8 NITÁ K4 RÃ I. I. 7 15 ;fatta nirûpyato, is oxplained ; fcxkim, whether ; mas kastra-oks, from the sacrod institutes slone ; FIT somadhigamyom, is to bo deduced , ETT97 kvatvem, property, ots, or , SHTUIRT pramaņa-antara, from other proof; Anam eomadhigouyam, to be deduced ; pfa iti, nach (1s the question). 7. Does property arise from partition ? or does partition of pre-exislent property take place ? Under this (head of discussion) proprietary right is itself necessarily explained : fand tho question is): Whetber property be deduced from the sacred institutcs alone, or from other (and temporal) proof. Balambhulla's Gloss. 0&? Having explained the relevancy, in order to mako determination and to come to the subject of partition, of the ontset he Bay, 'idin' (this), iha' (here) Leane under this ac bject of partition Here 'kasyu' (W11090) points to the property ; 'kablieta' (host) means the trado and Kashcha' (by whom) means the agents, the actors, Tatra' (thuro) means amongst ebe funri 'ba' Chero) moons 'first' because of its being the original cause and usefal in the sobject of bertitago.. There is to fold determinstinn; the first pript to be determined is the property to be partitioned. The question 18, doua partition creato a title in one who has no property ? because by partition there is taparato property but not before it, or doos birth alono creato a titlo but not partition ? because thoroby arises is one e right to get the property partitioned. This is therefore ono point. Ho says dues property arise from partition ? 'Swam' (property) means 'one's own';'avasya' (of the property) 'ol one'. OTO Pre-orinting'; 'tntra' (ther) ruoans in the above said deterraination ; 'aya' Conly) indicatos the impossibility withoot tho determination thereof. That it is so, will be manitont later on; here in this determination there is the topic of the property. Then he puts a question whether...from the asared'institutes Aloa', it means that alone' ; 'Irom other proof moana toinporal' नशाकममधिगम्पमिति तापपुक्तं गौनमयचनात (१०-३६-४२)। स्मामी रिक्यायसंघिभागपरिमहाधिगमेपु प्राहायस्याधिकं लम् इत्रियस्य पिजिन निरि श्रादयोरिति" प्रमाणातरगम्ये स्वत्येनेई यचनमयपत्स्याम् । तथा स्तनातिदेणे मनुः । (अ० लो० १५०) योऽदचादापिनो हस्तालिप्पेस मासणोधनम् । पाजना- भशापनाद्वापि यथा स्तेनस्तथप साति । अदत्तादायिगः सकायात् पाजनादिपारण द्रपमर्जया दरापिधागनुपपन्नं स्पारस्यत्पस्य लोशिपत्ये । अपि । लौकिक स्पत्य मम स्यमनेनापरममिति न गात् । अपहर्नुरोध स्थपान् । अन्यथा स्व तेनापafira TKI: FELICI peritonite TTTET AT RIHTE ET स्वमिति संशन स्यात् । तस्माच्याने कसमधिगम्यं स्वरयमिति .

·YÀJNAVALKTA SBRITI ** Tatrs, in that case 277476 Sustra oka, from the sacred code alone , RefMqu samadhigainyair, is to be deduced (the property); pfa atı, 8, 743 tåpad, indeod, yuktain, right 07147-19417 Gauta124- Vachandi, on account of the text of Gaatats , art spåmi, an owner , fru niktba, by inheritance, Akrapa, forchase, fax substbloga, partition . altre parigrala, seizure, Thy adhigameşu, or by finding ARTIQ brahmanassa, for & Brahmana , ufadhikam, an additioual mi de , Pra labdhat, acej tance, et kpatrisassa, for a kyatriya, Tafane vijitom, cinquest , fafzen nirgıptam, gain, 829991 yaráza. hudragoh, for A volŝya and &ndra fa iti, so, thas प्रमाणान्तरगम्ये PranB. na aptars gamye, If to be deduciblo from other proofs, fara svatre, property, a na, not, t54 idem, this , 4872 rachanam, text, a, artbavat, pertinent , 0918 ej åt, world be (ette would not be), ter tatha, 20 , daifeast stens-atidese, to the extended applications of the term "thof", AJ Mapab, Bays Manu , 9: goh, who, *gai adatta adayı nah, of a person who had taken what was uut given to him, CRI K. &atât, from tho band , fecha lipset, seeks to obtain #pu brahmaneh a Brahmana, rata dhanam, wealth. It såjana, by sacrificing , #871987s Adhyapenad, by instructing, vå, or, fax, even , ou yotha, as, at stonah, a thief. Hur tacba, 80, éva, i tedrels, R. tab, he (ss), fa Sts, 80 (goes the procept of bland about a thief), emerita adattadayinah, one who las taken what was not given to him, Anna tak&bat, from, amate Ajandi-dvArena, by offieibung at 8orifices and other religions rites or by other means, 7797 drarsam, ralupble things, maar arjayatam, of those who obtain, yuzlau dapda vidhanam, text that lays dorn punishment, 397 Opejandom, fair, proper , ETT 95&t, sould be, ***T Bratvasya, of property, ca (bukikatre, in the temporelless , ufo api cha, and moreover, alía* lankikam, by teraj oral, a morldly mat. ter, a chet, if, satvam, property , ## mama my, Bavam property, a anena, by him, 80gat apahritain, bas been wrongially take, afe iti, so, thus, o na, not, agit brûyat, coaid asy, arhartuli, vt the taker,guera, indeed, very, Reart srståt, because it svald becoine the property (of the takor), 87947 on yntha, or # $tim, the roperty, da tena, by him, w7g7 apal ritam svas seized fa iti, a ), therefore, 19, not 995 jahutruh - that it, or स्वम् raurleity , एनम् tan , thus, atiti, then Hiu ir 59 $ sayain rajala ádt ovat úpavit, just as in the case of specite ihether guld silses ul the lake, EU #81*, to this or å 01, 4 svau, projety, 1967 en asyn, of the other Yå, or . Sram, propsity, fait, so Bit 8453 uk cuabt 709, 09, 1917 sjât, there should be , athit taemat, therefore, the ·8 BIITÅKŞARA 1 1 8 pro 779H bastruela bainadhigamgam, to bo doduced from holz institutes alono, ***** svattain, property, Efa iti, so, thus 8 (It is alleged, the) cho infurring of proporty from the sacred coco alono is right, on acouuut ot the text of Gautams, "An owner is by inheritance, purchase, partition, sozure, or finding. Acceptance is for a Bralimana an additional modo, conquest for a Cshatriya, garz for a Varsya, or Sudra". Lor, if perty were deduotble from other proot, this test yould not ho pertinont So tho precept ("A Bramans, who scoks to obtaia anything, erea by sacrificing or by lustructing from the hand of a man, who had taken what was not given to him, is cousidered precisely as a theaf ; ) buch dereots the punishment of suob as obtara valuables, by officiating at religious ritos, or by other sumlar mcans, from * wrongdoer who has taken what was not given to him, would be irrelevant of property were tenporal. Morcover, wora poperty a worldly matter, one could not say, "My propertylıns boon wrongtully taken by him " for it would bolong to the taher Or, (if it be objected that) the proporty of another was seized by this man, and it therofore does not becomo the property of the usurper. (the answer is) tuon no doubt could oxist, whether it apportain to one or to the other, any more than in regard to the species, whether gold, silver or the like. Therefore property 1s & result of holy institutes exclusively, Balambhatta's Gloss 8 Ho proceeds to ozplain the first view , 'atra' means 'of these two' He explains the same, 'order' bas boen explained already, it will be clear at overy step in the original le explains the source of its Acq0181tion , 'other proof' means temporal This is Gantsma's text Thero 2. bo ose in repeticion, Ao sdowa tde contraarction wili apotbor text '50 (taths) 'sf proporty yere temporal' should be connected with what follows: from a wrong doer who has taken what was not giren to him 18 in the genitive case and means connected with the hand takrog the property frora the hand of a thief who has acquired the property of smother who has not give it Sobsegaently, he explains the result, Yajane' (olivat ing at religuus rites) 13 S dwanda compound 'api' (aren) meing the diferent modes of acquisition' Couparisus with theft 18 sath a view to infiict punishment He gives a reason 10 Sapport of the property being non temporal * Moreover', 'property that 19 anderstood, he givos a roagon, 10 Toald bolong to the taler' because we see it in his posse99100 In order ·YAJNAVALKY A SBRITI V - to avoid this difficulty, he r815A3 & special dont "Atha', ho pro eeds to remove it, 'similarly then' (avajn tarbi) on the property being temporal and on its being sorged upon by another, the owner complains, my property has been taken away by him' there arises n such doubt in the miod of the hearing members of the assembly (udges of the court or the jury), Jast as in the worldly affair on ethning guld on silver, there is no doubt left whether it 18 gold etc or not, similirly these will be none in the case of the property By reason of the existence of the millions of credentials from the people, 4 doubt, however, arisus and it can not be said the property, therefore, does nxt belong to the Belzer' Or in the alternative, the complainant (or the plautiff) sh uld be asked there is no conviction(certainty) that tho property does not bolong to the usarpor''Similarly then just as on the conviction arising that it 18 gold or silver, thero is no doubt left as to gold eto, #) it 18 in the presont case , bat not so in the second case, because it can not be said that tho proporty does not belong to the nearper, on conviction not arising In this way he aumg up, therefore.' प्रमोच्यते । लौकिकमेव स्वत्व लौकिकार्यक्रियासाधनस्यात् । प्रीयादिवत् । पाहयनीयादीनां हि शानगम्पानां न लोकिकक्रियासाधनत्वमस्ति । गन्या ftrat नामपि पाकादिसाधनत्यमस्त्येव । नेतत् । न हि तत्राहवनीयादिरूपेण पाकादिसाधन - त्यम् । किं तहि प्रत्यक्षादिपररश्यमानान्यादिरूपेण । इह तु सुवर्णादिरूपेण न कपादि साधनस्वमपितु स्यत्वेनेय । न हि यस्य यत्स्व न भवति ततस्य कयापकियां साधयति । अपिच । प्रत्यन्तवासिनाप्यमहरशास्त्रम्यवहाराणां स्यत्व यवहारोडश्यते । याविक्रयादिदर्शनात् । * atra, here to this, aty uchyate, it 18 said as 20 objection, **** lankikan, temporal, ovo, only , tasyatvam, property (18) vaTTANT lankikiptha kriyé nadlanatyát, for at effects tra sactions relative to worldly parposes, tant prihı adıcat, just as in the casa of rice and simuer substances, wreantarar Ahavaniya linda, as regards the concontrated fire (sau) and the like substances & hi, brt, Tar dastra gamyânâm, dedacıblo from holy institutes # na, not, laukika, socalar, fakt kriya, purposes; una sadhanatyam the virtue of effecting (Recular purposes), mea astı, there 19 (na nat), g nan, is 16 not indood that, catering Ahavaniyango, of the cons9 crated fra to; exifçaratax påkådisailhanatyam, the virtue of effecting cooking eto, wita asti, thore is , ovs, indeed, sorely, na, no , 1 otat, thus (18 not ko), na, Dot (it is not), fe hı, because , x5 tatra, there, भाहवनीयादि E dhavaniyadırûpen: by its nature of being the consacrated fire qafa P*# Akelsa thanatyam the power of offecting cooking etc, Pralls k atarht, but as ; 9279 pratyakşadı, to the senses (80ch as sight ete), sfrazgara paridpisy8mana porceptible , 0721fTetetagar-adi růpona, - ·10 MITĂ EŞARÀ 1. 1. g. whone, & bat as in the form of firs etc; fiha, kero; tá, but; gesiftetu odrarnadier û peps, through the form of gold eto ;tus, not; Agile kraghi, tho purchase etc., et sådhanatyam, the virtae of being the means ol effecting ; eft api, iadced; I ta, bat ; Frida svattena,, by virtuo of 118 being property, eva, only, na, pot, ff hi, because, yosy, person ; 92 yat, which ; 7 ayam, property ; ana, not } Hafa bhovati, becomes , fi tat, that; ata tasga, hug ;9 krays-adi, by Balo &c.; -F919 ortha-kriydin, transfer of a thing ; får bådiyati, does not give effect , ufae Api-che, oven and ; Armar pratyaantaväsinám, of the inhabitants of the barbarots countries; ſe api, osen 3 Textrae un adrıştaślstaevava driņám, who Brunacquainted with the practices in the sacred code ; terargas, spalva-varaldral, uso of the proports and dộisgate, is seen 4-reiserfectafaru krosavikraya adi-darsandt, by seeing purchase-aal6 Co. 9. To this the answer is properly is tõinpopál only, "for it cffrets transactions relatiro'to worlais purposes, just as riooor simlir subtanoes do: but the consecrated író, and tho liko ad ducible from the sacred 'institites, do not giro offect to actions relativo tà socular purposes. (it is asked) 'docs not a vónsecrated liro offoct the boiling of food, and so, of 'tho rost? (Tho anister ia) No; for it is not as such, that the cobsecrated Lamo'oporates tlio boiling of food : but, as a firo 'porceptible to the 80090s: nod 80, in other cases. But, horg, it is not through its risible form, oither 'gold or the 'lıko, that the purchase of a thing is elfooled, but tbrough proporty only. That, which is not a per. son's proparty in a thing, does not giro cffcct to lis transfer of it by salo or tho liko. Besides, the use of proporty is acon also among inhabitants of barbarous countries,, who aro upacquainted with tho practices dircoted in tho sacred codlo, for purchase, sale, and similar transaotions are observed among thom. Balambhatta' gloss. D. IIoro is the author's vios ; 'to this tho answer is oto.': ha proceeds to prove the proports to be temporal bg ayllogistic roasomag (10 feronco). Proporty' is the minor tors, tomporal purpose is the major torta sau vocalar parpose' in the middlo torm (toason). Ho givou the example in the afirmatiro and dogatio formy, jest au rice or similar aabataneca." Accordingly.

·TAJNAVALKYA SARITI 11 1 Property • temporal Itt a means to transact temporal parpose as forosawpis older magang te transact tomporal purpose is torn poral, 2 "It is so , (property 18 • toaes to truqsaot temporal purpose), 3. properly ja tempore 11 -- Whatever is not toreporal 19. (ale) not a means to transact temporal parpose, as for examplo, the consecrated fire &c IL 19 example of negatson, 'Of the CongoCratod fire and the resi",', because Ho proccodo to show the decoct us thppor zaion by suggesting thatat at were possible, the inferenco not main fest from doration 19 not reliable Dies not ConBocreted fire &c'? mozas that through it was non teinporal, yet boing used in cooking for tom poralar, ose thu novative aference 16 defectivo, albo roforo to rico &c to rocceds to answer it, 'not so though the consecrated fire bastro (old forry its ase for couking 19 not from the scriptural texts, since the resorting to the cooking porpose is on Account of the form of the temporal Giro inferior to the foror of the nontemporal congeorated fro It can not be done by means of the form of the por temporal consecrated fro, similarly »f it were go, there will be ad cooking by means of the temporal fire wap is enferior un forto to the pon tomporal consecratod Gre Tho aa no Crosult) does not lappet overs where by means of the general form, other viso by rondoo of its serving the neovlar objoct, the scriptora tout mople be moagragloss, its being a means to towporal purpose is, thoroforo, based ppon the the rosalt which There is therefore, so dofect on tho pervasion In the present cabe also viz. tho gold do thore should bo a motos of the worldly transac. trond of sale and porcbaso by the more appearace of gold &u, but out by thour being property How can thoy bo tomporal 2 Io proceeds to meet the objection by 'hora &c, through property only means 'only by oge who is possessed of it! Harping on the same, bo dovolopo tho tamo Corgomont), 'not ou (nahti) Be widoces B ross) Roupport of the viow that oven the special transactin amongst the people does not establish the non tomporal no pre of tho property and alsi pratyantah* moon, barbaras country - 1t suggests the perpetual want of scriptoral knowlogo B.) ospin ng it "onnoquimited titli" means 'ignorant pla otho barbarians Nuer the 048 thorool is sid to be in conformity with the standard, but where is the proof of the epistence of tha standard's LY can you rosu126 at (the proposition to be proved ? Ile tberefors says, jaroha90 फिचनियतोपायकं स्वत्व लोकसिमेवेनि न्यायविदोमन्यन्ते । तपाहिक लिप्सासूने तीये पर्णके द्रम्याननियमान्म सन्वर्यत्ये स्थत्यमेष म स्यात् । स्थत्यम्या- लौकिकत्यादिति पूर्षपक्षासम्भयमाशर म्याजनस्य प्रतिमहादिना स्यात्यसाधनत्व लोकसिमिति पूर्णपक्षः समर्पितोगुरुपा । ननु प ण्यार्जनस्य मत्वर्यले स्वत्वमयम भयतीति यागपष न सयर्नेत । प्रलपितमिदं केनापिमर्जन र नापादपतीति रिप्रति Сcruөв ·12 AITÄKŞARA I I 10. . पिसमिति वदता। तथा सिद्धान्तेऽपि स्वत्यस्य लौकिकत्वमनीरत्त्येव विचारप्रयोजन मुक्तम् । अतोनियमातिकमा पुरषस्य न फतोरिति । अस्य चार्थ एवं घिवृतः। यण द्रव्याननियमानां प्रत्यर्थत्वं तदा नियमार्जितेनैव द्रव्येस फतुसिसिः। नियमातिफमार्जि तेन द्रव्येण न प्रतुसिद्धिरिति । न पुरषस्यनियमातिक्रमदोष पूर्वपक्षे। रावान्ते तु अजननियमस्य पुरुषार्थत्वात्तदतिकमेणार्जितेनापि द्रव्येण फतुसिनिर्मपति । पुर पस्यैव नियमातिममदापति नियमासिकमार्जिवस्यापि स्वत्त्वमीमातम् । अन्ययामातुसिझप. भावात्। कि kacha, moreover, नियतीपायकम् niyatophyaksm, regulated means of acquisitron , स्वस्वम् syatvsm, property,लोकसिम Joka-eddhsm, a matter of popular recognition, era, also, fa ata, * portioiple, arafat nyaya vidab, contorsent with the scrence of reasopibg Hama manyante, deem , TUTTE tathan, Bularly , free lips2, desire, gi sâtre, in the natra, तृतीये tritiye, in the third , पर्णके varnalo, clenso , मण्यार्जन dravyarysna, in the acquisition of goods, familiar Digamånám, restrictions, त्पर krstn arthatve, for the roligious ceremony , सत्यम् Bratram, property , एप 076, also, नमक, not खाद syst, bo, स्वत्वस्य Bratvasya, ot ownership, भरीकिक वान alankikatvit, by roason of being not temporal, इति Ith, parti caple , पूर्व- purva paks. objection , असम्भवम् Rsambharam, untonable, 15 Asapkya considering , riatt dravykrjansgys of acquisition of wealth , प्रतिमहादिना pratigrahadini, by acceptance and other modes, स्वत्व- ENTRETE svaiva s&dbacstrana, the eficacy in ostitetag prophetary right, छोकसिद्धम् loka sidham, n popularly recognized , इति iti, so , पूर्व पक्षः purva. Pakesh, the irat part, the objestion, समर्थित: samarthitsh, considered , gut garupa by the author 1 * 1822, 18 it not, does at pot follor? che, and, 67167 drsyyAryansya, the mode of acquiring goods, wadet krata arthatve, if it be such as concerns the euerfile or roligions ceremony, 27 systvem, any right of property Teps itsell 744, pot , भवति bharati, there ts ,इति it, consequently a याग yagah, celeveration of aaacrifice , पुत्र ora, itself , म no, not संवर्तेत saavarteta would take plaon. मलपित्तम् pralepstem, wrongly said, blunder , इदम् idatu, this, it, कदापि Henanpi, by sny one (who alirrns) धनम् urjanani, actarsitton , स्वत्वम् gyatyani, e proprietary right; a no INE, मापादयति Aalayati, dves pron daco, ya tı, this statement, fagfifizvjratibisdom, it 18 contradictod, it 18 B contradiolion 'ın torug', fa iti, so, thus Far redat, by him who says so , तथा tatha, secordingly, सिद्धान्ते addlinate, while sisting the demonstrated toctrine, मारे api, also स्वस्वस्य Tracrasrs, about pra लौकिकरवम् laukikatyam, the popular rotion , मङ्गोकस्य Angikrityan . perty ·YAJN IVALKYA SVRITI 13 having acknowledged , eva, again, indeed verily, farare-TTTTE vichara prayojanam the purpose of disquisition 25 oktam 18 explain od , Tatah, therefore, farrataer nigama atakramalı, & breach of tho restriction , ITT paragasya, afects the person , na, not, wat kratol, the religious ceremony , atiti, thus geasya, of this pageage cha, And ad erthah the meaning, a ovam, thus, in this way fra. virritah, 19 orplained, 7 yasha, f नग्याजम निरमानाम् dravyarjana. niyamanim, the restriotions of the acquition of obettola (Fun), kratvarthatvam, regard the religious ceremony , att tada, then, framfar Diyam&rjitena, by that (material) which 14 obtained by those rules, a ara, only (by), a dravyona, by materiallafati krata sidabih, the perfection or completion , FATTA Rifaa nigmatikramarjitona, which is obtained by intringing the rales du dravyena, by that material, * 18, not , mifafa krata siddh:h, the perfection of the religious cele. beration, fartı, 30, 408, Dot, 167 purupasyo, affecting tho porson , fáratfate niyama atıkrana dogah, the fault of infringing the rales , gangat pervapakşq, Acoording to the adverso upralon, tarih raddhante, Bccording to the demonstratod conclasıon , 1 ta, bat, wafan arjalanyama97a, of the restriction regarding the acquisition, isare paraş&rthatvat, Bince tbey affect the person , mu tad atıkramenn, by a breach of that, nita arpitona, obtained, a opy, ovon, drevyena, wath wealth , #gfart kratasıddhih, the perfection of the religrous right , & bhayatı, becomes, 13 sflucted, takes place, Tv purupasya, on the part of the person qoya, only , firqafar Diyamâtrkrama, violatiog the rules , 77: dogah, the feelt, offence, the atı, congequently fara nila niyamåtıkrama arjitasya, what 18 loquired by violating the rules we spi, even TRT yatyam, property, WF1517 nngikritain, $it Roknowledged MAUT Bnyatha, otherw se, Harap kratusiddhi, conpletion of ceremony 1917 Avat, becauso there wonld not be any, etc 10. Moreover, such as are conversant with the solence of reasoning, deem regulated means of acquisition a matter of popu. lar recogation. In tho third olause of the L1198 Sutra, the verursule author has esimined and pronounced untenable an objection to it, that, "If restr ctions, relative to the aoquisition of goods, apply to the religijus ceremony, there could be no property, sinou prorietary right is not temporal'. (by showing tha) "the clficacy of accep.ance and other modos of acquisitions in 18 ·MITÂ EŞARA 1, 1 10 28 constituting proprietary right, is mattor of popular recognition." Does it not follow, "if the mode of acquiriøg the goods concern tho religious ceremony, there can be no right of property, and consequently no celebration of & sacrifice" ? (Answer.) "It is a blunder of any one who afirms that aequisition, does not produco a proprietary night, since this is a contradiotion in terms". Accordiogly, the author, having again acknowledgod proporly to be a matter of popular rocoagaition, when he states the demonstrated doctrino, prooveds to explain the purpose of the disquisition in this manner. Therefore, a breach of the restriction offects the person, not the religious ceremony and the mesning of this passage is thus expounded : If restrictions, despecting the acquisition of obattels, rogord tho religious ceremony, its celebration would be perfect with such property was acquired yoongistontly with those rules ;and pot so, if performod with wealth pbtained by infringlug them ; and consequontly, according to the objcolor's opinion, the "fault would not a Tect tho man, if he deviated from the rule: but, according to the demonstrated conclusion, since the restriction, rogardiog acquisition affects tho person, the perfor, unce of tho religious ceremony is completo, with property.aoquired by a breach of the rulo; and it is only an ofonde on tho part of the man, becauso Lo bas violated an obliga. tory rule.' It is consequently acknowledged, that oron what is gained by infringing restriotlovs, is property: þ02060, , otherwiso, There would be no complet.on of a religious veremony. Balambhalta'. glors. JO. The rool nature of the property mools the opproval of thoso uho aro conversat with the scrance of roawaint Vareya-, 'regulated w acquisition' means acooptaass of gifts, orhing&c i those who sro Conversat with the science of resooning' means thog also: hrus? On this question arising, ho giros tho said roply by 'as for oranplo' (tatua hi); Joniro mdann in the stra in which the word occors 1. 6. Cbaptor IV, Pada 1, tło rocond topic (which yons thos) "(perusfrthn 16 tins) in whrob thoro 10 loro of a man and that loro 18 indicatod by (a cortai) object (bich) is insoparably connected (with ly"* Under the 1st head there is the discursion on tho definition of the CTCO • Ber Peste Misis 192 £ B. IL rol 3711 + ·YÀJNAVALKYA SMRITI 18 can Kratvartha and Paipártha under the second lead there is a discussion ng to whether milk jail &c, are kratvartha or juruşartlist under the thund lond there is this discussion -the rules as to the alquration of wealth (tota acattered texts-1 Brahms: Sy eers wealth ly acceptance of gifts & kiug by vilory &c, a Varsya by agriculture & Dinbt arise whether they earnings) Bro kratvartha or puruşartha Here is the objectors view avea on (H8800mg) their real o July and aut accorting to tu le for the religious purjose by reason of the absence of an aathoris.d person, it is proper that the distribut up of sealth by neads of an agent (to obviato) the meaninglessness ut the vidhs is for the roligi ay ſur pose The meaning is just as in a qarsug wealth spont In * deligi us ceremony, (us for instance) "he jurchases somna &c, the rolo aluut the acquiation of wealth is for the religius yarpose similarly are the rales relating to the acceptance of gifts &c otherwise, the ralo relát ng tu the Acquisition of wealth by reasuo vf being of av uso in effouting trinda trons and removing hunger &c, will be inoabiagless Furthor there is mo context to show that it is for & religions, 454089, nor on se le band to be a case of disparity Ou the contrary, it is įroved to be a subordiary part by the force of the sacrifice dependent un the invis ble moans and the force of the rule depending on the iny sible object It can be arged that there be no living, if all the earniigs are for a religios purpose, because it can be accomplished with earnings by imi roper means, or if the sacrificial rite be for one sorn interest by reason of the sacrifice being not capable of accomplishment with ut livelihood, it follows that the wealth acquired by laplul means 18 for the purpose of Living It is an illastration of earning walth in the shape of acquisition of woalth The writer of Tantraratos (Parthuasrth) 1 As Bard contrary to the Vartika aud reason, for it should be borne in mind that in the Mimámoa, there 18 invostigation of the daties to bo performed He thus derides, commencing from 'property and ending with Traising objection 'On the roles relating to the abqoration of wealth being for the sacrifice, by the property being non temporal, by the non produc. tion of * temporal reason, by the intervention of the Vedic canse, by the regulated means auch as accoptance de bejng for the sacrifice, by being for any other object and by the abrence of the production of an effect from ay cause o account of tho want of the proprietary right by rensor of non accrual of proprietary right, to sacrifice can not be acco., lehed The objector's siew that rules ata fith the religioasubject 1 untonable It ra tho meaning (it 13 hory the mattor stands) Ho supports it, of acquis tion of connected with tho opposite Tynile à ISC09310g, "Vur stardutyunu fealth by means of officiating priest &c," it has been already oxplained Here 'acceptance' (pratigraha) means a 'particolar acce taucu erining' Tito & ut voolth' Onesh aid there fore, desiro wealth 'bg officiating a priests te, 10 it is said roi usly 10 tho autett Jue aborld to ship Gud for acquisitt und ro. tection of realth' 1-100 The original text aigalfies th) means of earning goods 10 4 ·10 NITAKŞARÅ 1 1. 10. "Out of 815, thrao enllings are his ineans of livelihood, alicisting as a priest touching and acceptanco (of gift) from a p101s (man) M X 76 It follows from sout l'he rales as to accopiance &o , for the acquisto tion of proprietary right by neans of using woslta in a sacrifice, sro for the religiou, objaut, 3130 as the act of thresbing which remurag the hank by rossun of eica boing and in 6 sacrilice beog1008 x sacrécia puject Buz old people consider that proprietary right by birth as that o #sin like the proprietary riglt buquered by an acquirer in the thing Acquired in the form at the relatiouslip of the propriocery right and the proprietor, 18 tamporal, because it is agserted that the relation of ag action and the agont (noininatıyo) 80and eroept the other cases depends on an action whether soriptoral or non soriputral The relationship or an agent and action depending on an action as said by (Pori) Fåruts us well known song peoplo and does nut stand la neud of any other proof Oa che cessation of the action of earning, the result thereof does not necosarily conse, because tho sabstratuin jo tho shape of relationsbyp Drists On the notion of the father coasing, paternal (rolationship) duas not come to an end l'hough the propritary right is temporal, yot by Accomplishing the sacrificial object, its absenco doos not follow this ne tho essence Ts at that a soquiring the proprietary right by earming, tho above-gald rules being for the sacrificial object and the earning being Elso for the escrificial and other objects there is no propoety? The absence of sacrifice remains in the same state, the view of the objector 18 not provod. thus he says "Doos it not (...............) of Roncrítica", he ridicaloa it and rejocts it , 'uttered a nonsense'(pralapicae moans tunc garaing does not produce proprietary riget is a non 9990 attored by some one, becauso both are contradictory, or to means that some one has uttered a non-sonso, horo is a reason aceigoed Earning' because & } ita tadata is connected with the 'garoņi' (Prabhaka ) earning is Bynonymous with the duty of an Barnar as expleaed previously and the relationship of the property with us otrrier It 18 0170-sided like father and son (correlativa),bacansa mithout a thing asrnod, for wapt af osrning the act of earning 2008 not produce proprietary right and like the ex* proston, my mother 19 barren' 10 self contradictory. If the objector's view 18 orroon008, it can not be the anthor's year (domonstrated truth), tkøre føre ke saye ia the deceastrated track also (Bidhan to put it is the When a person is ontıslod and beat on earn. Ing woalth ou his soguring it, it is improper to apply the rates theroof to eacrifice Wheo * person 18 destrous of wealth, he is engaged oat of effection but not by ralos, by roagon of his engagement in it against the rules, the injunction relatiag to it does not bocomo meaningfoss Arora over, on all sorts of earning bing far les sacrificial purpose, the entire barning is for sacrillo el porpose, there being no woans of 117 alıbood alt) the whole sacrifice fails On the contrars, on the inference ar18108 from the texta soggestiny both the sacrificial and temporal objects ordinarily it 16 noi metely for the sacrificial object The reference to saroing ot realth 18 therefore, not by reston of the sacrifice being for a religious purpose but byroason of its being for a secalar purpose Other .

·YAJNAYALKYA SMRITI 17 T154, thoro will be a contradiction with reference to earniag of wealth for a Baorifice as mentioned in the sixth cha ter *st the first three castos, only porson possessed of wealth ( 13 entitled to perforra a sacrifice ), bocausa accomplishment of an ait do ponds on wealth" (Mimams. Vi I 39 at p 310 of vol XXYIt of SB II) There is another &gom zis "An initiated one boga alins for twolvo nights and parcha 903 soma", under which bogging 7 of alms &c, by prohibiting earaing of wealth is onjoined, and earn 10g of wealth by othor moans is conadorod a sin It can be said that its result 19 not the earning of wealth like 'let gold bo woro' (sao at 130 134 of Jaimipi'a Mimanaa SB H) It is pog31blo Thoro the result 19 visible by reason of the unlawfulners of the invisible result The rules are, therefore, with the temporal oby ct Choagh they are laid down thero properly, yet like the sacred thread &e, they should be anderstoud with both objects, therefore "let s t vice-born alway, perform (n sacri. fice) with wealth esrned lawfully', fits in with the Twentyfour viowa,t Bunlarly earning also Therefore livelihood tc, quoted bofore from Mann (see p 18) shonld be considered as relevant The gum and sube tance is that it appears to be the siddhanta view that wealth acco.np Iishing all objects is for secular parpse and the ralos rolating theroco are also with that purpose D18quistion means the purpose of tho disquisition under the topic (adhikarna) He osplains the nature of the object of the douvastrated doctrino (suddaunta) "Therefore breach of the rostriotion" means the fault arising thorofrom, clerofora ho develops it "The meaning of this moons "of tho work full of parj ose 10 tho original text", expoandod' by the Gura (Prabhakara) is unilar atood "If. deviated to the rale" ineanga with the end of the tost: ontho objoctor's view, there 19 thereby no fault of the man, bat by reason of the failure of the sacrifice, the sacrifice 19 not thoroby accomplished But According to the addhanta view by renson of a man violating then tloro Is the fault of the man but not the failure of the sacrifice, it is the parpo-t 'Eva' 18 with & viow to distinction in the objector's vies(Parrapakşv) 18 connected with the provioas 'B' 19 the reading But in the view of tho objector earning of wealth Leing a part of a ceremony the wealth which is pssential slinuld be acquired before the commencemont of tho coronaonios, there boing no authority of acquiring it ata particglar tino There is OU SIG Dron on the failuro of tho coromony on the non acquisition of the stonith at that timo, bocauso a person of means is entitled to it On the contrary, in the addhanta (demonstrated conclasion) A ceromoney should be erforinod with tho worlth acqarred previously According to the objector's view tha earnings from the acceptance of gifts etc, should be taken for the religious purpose but according to the demostrated ca lasia, it luuld to accomplished by any means, by this what Rayaka (Ngiya fadin, the commentary on TantrayArtika by Someswara Bhatta) Las Raid, 19 refuted It is like the sin arising on an observance of the rostrutivo nles by happening of the end 311red evonts to a toan, by reason of tho nult arising fra the most stane from the hralship anderzono for tho encritico which fails for tant of the front of the suorifico obtunalia with difficulty llonce in the topic relating to low castas itinand 'n are Alinan at p. 111 of vol XTY Itny D 11 + De Capoelb Jho jefyras mo that offer le the use of some out 3 ·18 AITĀKSARÂ I. t. 11. Sudra slould not be taught'; on a Sadra violating the prohibitioa thond is a failuro of the sacrifico, and Bin in addition, so it is said by the oumontator ($sbara).' It should be accordiogly boree in mind. At tlo conclusion of the sabjact ander ditcassion; bé gires the rosalt. "Eron what is gained by infringing restrictiona'' mong and niinilorly' ato., i . by the author holding thoaiddhants vion : aven' anggests the Kuqatika muxın ses p. g of vol. XXVIII ;P. XXXI of vol. XXIX of S. B. I)* Other wise' made thers will be no proprietary right in the darniaga by violation of tho ralas The ralos bolag for tha religions object and by the acquisition boitig for it, the property, becomes non tom poral, thero boiag ao proprietory right, the livelihood is impos. ables from tho absenco (of livelihood) follows the falare (of the sacrifice). dilaksara न चैतापता चौर्यादिमातस्यापि स्पत्यं स्यादिति मन्तव्यम् । लोके तत्र स्वस्थ प्रसिद्धपमायत् ध्यपहारपिसंपादात् । ११ ॥ 7 da, not; cha, sod, 973 etavald,,wy tbis, alfa oboaryadi, by robbory and other nefarious acts ; sror praptasya, of what is obtaiaod ,ufo ap, opon ) FRY4 svatyan, the right of boing property ; E918 85&t, should be not 7), fa iti, 80 ; #7777 mantaryan, should bo thought, alleged ; et loke, in tho world; ar tatra, there, in sich case3; #vatva, of properitary right, fefe prasiddhi, of recogaition; what abh@vat, through the absence of, there being no etc. ; TK TF&valars, with received practico ; fagarit viaam padat, owing to disagreement with. 21. It should not bo alleged, that ovon what is obtained by robbery and other nefarious mean8, would be property. For propir otury right in such ins'anoes is not recogaized by the world; aad it disagrees with received practice. Balambhalla's gloss. 11 If yon accept the proprietary right to acordo in thocarning made by tho breach of the inles, thero sull'be proprietary rightopen in the property obtainod by theit Thoreforo, suggoting the removal of the anomaly ho says. It should not be allegad etc.," meaning 'no',pe removal स्वय • factore) 9 yarishes, pennt to inilurata that what applies to a remete este, a fortiori applies to souse cloro al band, aboud Dot liusally be understood" KINI rear diodo fectarea p. 295. "There there are no sans tend to explain the most difficult subjunc, ODD AT Esplain an easy sabjest wathiout difficulb " Yachujat ja vol. 1. p.4182, where one te k1ful Ta liuoting A 1200, unul diferit for tim to eboot a lot fa baulius. These are all allostri Tots of the Kumnuka maxim It is derived from väim+ Ule mtaalog 'how preach Dore! or how moch lera'! .tu a principle of fort kort ·YAJNAVALKYA SURITI 10 thereby the fability of the roayon , 'it disagrees with racsived practico" med. by not rocogoling it in tho well koonn transaction of sale! Anakard एवं प्रतिमहायुपायके स्यत्वे लौकिके स्थिते माझणस्य प्रतिप्रहादयउपाया। क्षत्रियस्य विजितादयोवेश्यस्य कृष्णादयः शिदस्य सुभूपादयइत्यहानियमा रिक्या- पयस्तु सर्वसाधारणा लामो रिक्यायसविभागपरिग्रहाधिगमेरिययुक्ता । १२॥ qar Eyam, thus, siis pratigrahadı, by accoptance and any other,8904upayako, by means such as acceptance ato, ed svatve pro. porty ft laukiko, lemporal , feta ath to, boing established HIRUTT brahmanaaya, for a bråhiana, afgi41 pratigrahadayah, acceptance eto 39191 apegah, mene, wart ksatryagya for A kpatnya, fafarers: vijitadagal, conquest sto धेश्यप Pariyaaya, for 8 ya kyn; gscamera kr gyldagan, bosboodry sto, Ef Sidrasys, for a fadra, yur dasrupadayab, sorvice and the rost, fis itt, 80, wer adrig Artha, for spurteal parposes, f&***: Diyanih, restrictions, fT4179: rikthadayah, inheritance and others, tr, bot, ESTONI SATVA-8&dh&- rapan, common to all, svimi, an owner is , fine rikthe inheritance, kraja, purcba90, Afron sayıbh&ge, partition , ofta parigrala, Boizure ; afany adhigamega, Ending , Tot kis& Aro atatod 12 Thus, sinoc proporly, obtained by acocptance or any othor (sufficiont) moads, is established to bo temporal, tho accept ance of alms, as well as other (presoribed) modes for a Brahmana, conquest and similar means for a Kshatnya, husbandry and the like for A Vanya, and serv100 and the post for a Sadra, aro prom pounded as restrictions intonded for spiritual purposes, and bont anco and other codes aro stated as mans common to all "An owner s by inhentance purchaso, partition, sczuro, or finding'. Balambhatta's gloss 12 In this way hoying established the temporal catore al to pro • Similarly party, he repels tha fatility of the decomson sonetion seceptance etc, (evan prati) viita' (con quest) is derived by adding ktah tu dezoto s abstract poan aod maas victory ate, 'prescrizad modes should bo repentod every where in the folloming (passeg) Spirilgal" (odrigts) means 'realih se for spiritual porpose' or in other words ebo rentrictivo rules are for spatial porpore Eren in bo absone of tho 10junctiyo tout, he proceedi to ropesi tho aboro motioned argarinto to bapport the Doa secular astare of the property and to akom tłe xfa iti, so ·20 MITAKSARA I. I. 13, Sutality of Gautam's toxt linving complete enamaration (de placitum 8 at P. 8) "Inheritance......"ahuld be rolerred to. All includes mixed race' in order to enumerate thou, he says, "an owner." । Alilethsart तघाप्रतियन्धोदायोरिपथम् । प्रायः प्रसि। संविभागः सपतियन्धोवाया। प्रतिग्रहीनन्यापूर्वस्व जलताकाप्टादेः स्वीकारा। अधिगमोनिध्यादेः प्राप्तिः । एतेषु निमितेषु सत्सु रखामी भवति । एतेयु झापते स्वामी ब्राह्मणस्याधिर्फ लन्धमिति ग्राम. णस्य प्रतिमहादिना यक्ष-धं तदधिक्रमसाधारणम् ।क्षत्रियस्य त्रिजितमित्यत्राधिकमित्य- नुवर्तते । क्षत्रियस्य विजयदण्डादिलब्धमसाधारणम् । निर्विर वैश्यरादयोरिति । अत्रा. प्यधिकमित्यनुवर्तते ।वैश्यस्य पिगोरक्षादिलब्धं निर्षितपसाधारणम् । सदस्य द्विज- शुपादिना भृतिरूपण यल्लब्धं तदसाधाणरम् । एवमनुलोमजाना प्रतिलोमजानाम् च लोकासिद्धपुरयत्यहेतुषु यघदसाधारणतं सूतानामश्वसारध्यमित्यारि तत्तत्सर्च निर्चिएशदेनोच्यते । सर्वस्यापि भृतिरूपत्वाशिर्वे शोभृतिमोगयोरिति. भिकारडीस्मर- णात् तत्तदसाभारणं येदितव्यम् । १३ ।। 1 tatra, thora ; wxfata: aprati bandhaḥ, Buobstructed; वाय. dayah, heritage, forur askuhan, inberitanco ; #9 krayah, parchase : मसिखा pruarddhah, a well kupw; Faxrat: abt vibhagah, partition ; सप्रतिरम्प supreti bandhal, aubject to obstruction; दाय: dayab, horitage., sfang: pratigruhah, occupation or geizure; amagereu Anangaparvasyo, not previously appertaining to , HIT!: jola-kdgțhade, of water, wood and the liku; pilaret kvikarab, appropriation ; अधिगम. adhigamoh, ind: ing, निभ्यादे nidhi adoh; of inddon tronstry and tas like ; प्र.हि: praptrh, Uncovers, एतेषु etegu, these, निमिसंपु ntaittepu, the censes; सरसु sstau, being, एनेषु... सासु, if these causes exist, स्वामी Brani, owner: मपति bharati, bocumnes ; aty kritega, if they.take place, ज्ञायते jfisyate, is known, becomea: स्वामी avaini, proprietor | माणस्य brahmanaaya, for a brahmaņa, alau adlitkan, additional सधम् labdham, that which 8 obtained , इति Iti, 80 , माझयस brahmanasya, for a brahmana , मनिप्रहा. दिना pratigralhadina, by receptanconsc.; पद yad, which; लब्धम् labdhara, 19 obtained , tad, that, अधिकम् &dhikam, additinual ; असाधारणम् AgAd&ransu, not common ; &ner bsitrisasys, for a kpatriyo ;fefuta vijitaru, what a obtained by victory; इति 1ti, 805भत्र atra, here: अधिकम् adhikam, udditional , इft.ith, this (the word additional) भनु- पतते unvartate, ia unisratoud, follows, ts repoatod; क्षत्रियस्प katriyasya, furtheatriya,विजय vijaya, hy victory, द-आdिandaadi, or by amer. cumont vr the libu, 415 lsbillain, 18 vituned ; MATITVT asidlarnare, nut common (tu all the triber) नि वर nirvistain, what is earned ; वैश्य- , । .

·YAJNAVALKYA SURITI 21 Bmong the 70 vaigsa sudrayoh for a varia and badra, xfa it!, 80 atra, liero, waps too, ' adlıkam, the nord sddıtı nal', fait this, anavartato 's roseated' 18 understood, acte Triigasya, for a veids, akne, by agricultare nitief goradı. by keeping of cattle etc BITH labdhom, obtained , fafeen nirriştat carnod, 15 tad, tha, Vanla aradi krenema, pecnliar , ET Andrassa, lor * Audra , fangu ft dvije suár deadıné, by means of perpice of the twiceburn , feu blisitt ro, ens, in the form of of wages" yad, nluch, PERT labdliata, oltained, 3 tad, that , MANITUR Agådhårnam, 15 feculiar ,99 ev 8, 30, Kingity andl majdnbm, to certain classes mizod in the natural order ol triles pfaelgar pratil mandin, to certain classe mixed in the reverso order of tribes, cha, bad, la fag lokprasiddega, which are familiar to mankind स्वस्व.वयु evatrahotogu, Causes of proports, 969 yad yad, whatever. FAINITOR AsAdhérnam, peculiar, faktam, has been atated, at sütàn&m, of the alltas, R67A as vasarathyso, the driving of horses. raft iti ads, and so forth ar at tat tat, that, Fairy baryam, all , fafare Teta nirvigta gabdena, by tao Ford 'nirvişta' @osrned' nohgate, as indicated , €7 Barrasya, all (such acquisitions), wfg api, ABO 1157rmak bhritirupatpat, for they assume the form of wagosult, For marvesh wagos island bhpiti-bhogayoh in the board of wagas and enjoyment, fait, so IKT trikandi smarnat,as indicatod by the dictionary of Amera which has three parts i (61*5) kandı. , *7 tot tat, all that , HITUT agadbarnam, as peculiar afqatar vodulavyem, should be understood 13. Unobstructed hentage is horo dcnordinated "iphcntance." "Purchase as well known, "Partition' means heritago subjcct to ols ruotton. "Occupation" or seizure 1 tle appropriation of water, gras, wood and the like not previously appertaining to any other pero as owner.) "Tinding' the discovery of a hidden irenstro or tho liko. If these rrasons oxist, tho person 13 owner. It thoj tahu ploc, hc bocsmes jroprietor For a Bribiana, that shioh is olt illed by accoptanco or tho like, 19 additional, not common [to all the tribes) "Addiliona!" 13 undorstood in tho subsoquent sentenco, 'ror a Kshatriy , what 14 obtan ex} by riotory, or by ami rce nent or the lihe, sprouliar' In tho next sentence, 'add tional' is azam understoot "plat is salocd or carned by agriculture, be Bzo ca'tic, Cirallic,) and to ·22 MITÄRŞARÂ I, I. 14. forth, is for a Vasya poculiar; and so is, for a Sadra, that which is earned in the for.n of wagos, by obcdionoo to tho regenorato olassos nnd by similar means." Thus likovise, among the various causes of property which are familiar to mankind, ratover has beon stated as poouliar to certiig nised classes in the diroot op in varsa order of the trilius, (as the driving of horses, which is the profession of tho sutas, and so forth,) is indicated by tho word "carned" (airvişta): for all such acquisitions assume the form of wagus or hiro; and the noun (nirresa) is oxplained in the Trikandi as sigaifying wages. Balambhatla's gloss. Kore (tatra) mosus of those'; 'not previously appertaining to any othor' of that which is not owned by any one' (res aulling); having explained the categories, ho proceeds to ozplain the moaning of the passage. They', is to show the appropriateness of what is laid down; becomes ahora that every thing is with that objeot. "It these reasons exist, tho perso0 is owner" means if these r804 are kaoya (to exist) the owner is known by this, the view of the objectoris repelled, bood tsa there is anc0059 with that objoct. He proceeds to explain the moaning of the noceeding, possogo For Brahman', cror and aboro; ho gays by Elling ap tha ellipais by roason of its inhorent power, being in conformity with another text and being concomitant with it. Ascopo anco"; additional shows 'its excellence':pocaliar .. . 'oonquered' is a figurativo espression staading for victory. Amorcement"; additionallis understood": it is the reading Ho says with the object of earning for enjoyment; Agriculture etc., include earning by trade ato. In order to remove the anomaly, ho apalios, the said principle elsewhero. Pads likewise': 'they are pocalist of the which ead in the goditive casa should be connected here also: "saong the coages of the proprietary right" means of them':'all that means 'of that." Mitaksara थपपि पती दुहितरश्चेत्यादिस्मरणं तत्रापि स्यामसिम्बन्धितया यदुपुदायपिमा. गितया प्रातेषु लोकप्रसिद्धऽपि स्वत्ये व्यामोहनिष्टस्यर्थ स्मरणमिति सर्वमनघधम् ॥१५॥ pula yadi spi, as ; val patni, the wife (that Ixs become the widow); gftat: dohitara), daughters; chha, and; fonte iti&di, ato (smara. pain, the declaration, a tatrs, there, in that text; fa api, toa ; ETAprX441 97898 in band bitays, by reason of their allnity to the late owner; " bahaşa, among taung persons, fire daga vibhagitare, because they (are supposed to be) entitled to share (fra fir) the heritage (911); flet prapleso, being supposed, when they are eapposed to be eto.

·YAJNAVALKYA SMRITI 23 2 stefa loka prasiddhe, though it is raatter familiar to the world, mfqapı, even tà sát ve, the proprietary right पामोह ryArusha, mistako , FATTETU niyfittı arthans, for the parpuse el proven ins : HT99 AMBAO 19 tho declaration, iaith, thereioro 6749 SATTA, tho whole , 9 anyadyan, 13 nexpectionable 14 As for the precept respecting tho suoccs 10n of the widow and the daughters, do, the declaration (of the order of succession) evon in that toxt is intended to prevent mistahe, although the rght of property be a matter famoul ar to the world, whero many persons might (but for that dcclarz ion). Balambhatla's gloss 14 If the proportoworo tempornithe tone conto Wro and daughter otc', (800 11 135) would lo cuntradictory, becauso by reason of the abaenco of the owner the wife oto, have been declared entitled in order to romove the Agodalg arising by the way, though not oxplained boloro und stated moraly by G ratama, ho states Althoagb' atd. "Thero algo Moana 'lu the toxt', 'in their absonco' 18 understuud There is anothor reading 'ordor of accession' (krama smarnam), otherwise foren tbora bodomos incongruous In this way, tho Bomblanco of contradiction with other emritica shonld be removed, thore is thon, no contradiction of the texto Iloro it should be borno in mind, what is that proprietary right which is said to be temporal by the siddhlati (propoander)? It is not a object of tho menas prohibitod by the scriptare bat of lawful and Iroo todos of transactions of walo and acceptance of gift, it can not bo known by tho extornal organs of BOD50 it may be said that the "pecial montal cognition of tho acceptance oto being tho oljoct of apocial mental cognition and the statomont with the object ol its improriety aro nearly oxplained Bocauso oron aftor tho cossation of tho accopíanco, Choro ta cho accrest of proprietary right by virtue of the transaction, 9. by gilt otc, the proprietary right cossos (in ono) and 10 created (in anothor) by accoptasco oto Ir that rere not as by Peason of Acco; t. ing the cosiation Col'the ownership) by gilt and its croation by accort. Ance of particular thing. Oron then 1813 an object of percop trun by tho orlornat organs of sonde by reason of the ordinary practico 'I wo tha j roperty It is not an enarradtablo stretch of a rolo, by rrason of the knowledgo thereol on realisation, is like the roj rietary right residing tl orain and the encheclod and free ase tberoof There! ro og not taking it into , 0930131 in, on to being aded freely are ording to one', Tinkos and op its motore by tho ororcist of propietarg nighspronglolly, thore is no pou nosis thereaf From ts The proprietary pogł: 11 inforred, on the other hand 11 19 aot an object of sensaal percoption (und ono can not usy) I aca bo proprietary right as 'I perceive molliok ·MITÅKŞARÁ 1 I. 14. Bandal' Thus the view of the opponent is repelled by reason of its being reluted elsewliere The gifts are of two kinds one 18 of which the front 18 visible and the atlier uf ylitou the frait 18 aut visible They are subdivided into twy, one with accej talle and the other without it Although 'gift with aucoplanoo' is more acceptanco, yet (in the passago) 'lat a Brahina earn wealth by acceptance of gifty' by reason of the prohibition on ned by the bluriti terts as rogards tho acceptance of gift of horso and acsatur, the word acceptance of gift' (prsti, rahu) means the acceptance of the donation fur invisible purpose On tho Acceptance of nesamon and horso given as reward, no one 15 iu fault nor is there any breach of rula 83 regards ourning by > Warrior The reward lould be said to be far vistule object The word ( dåna) In derived from timoaning roliuquilsment of oue a proprietary right in order to create if in another On the other hand, the creation of the proprietary right in another does not merely depend on the reliaquisluent vf one's proprietary right, but it mugt he said hat it 8 r13 it pality by acceptance only On simply giving up & Ouw in favour of Brahınan (saying) the cow belongs tho Brabinan, tit nt ming' even with the full knowledge of the relia. quishment by all present the proprietary right arises by accoptance Therefore (10 cases like) let one offer funeral cakes to the manothora as the illustration of the fourth (gilt withuat soooptanco) on the saspon. B100 of the proprietary right in the thing offered to the inaneg by ronson of the wont of acceptance and by reason of the reality of dedication mada to the manos in counpliance with the abovo 84:d ineading of du Uuder the belief ol su owner being abroad, the po9908810n by noooplanco of his relinquisher property and then on the death of the ownor, possos Bion after partition of his property by l»18 gons etc , As inhoritance bot not by any other are the common ocuaroncos suthervise there will bo mu oftonca in stranger'a takıng possession of 18 wealk lıku ther, as in obtaining forest grass etc in this way tho Adcoptance of a galt should not be considered to be ueblo99 by reason of the tout It is onget timos mortoriogs to accept it, because of the accraal of the pecessive Toward on the gift of each accepted wealth On the other hand, the word of quantity is with a vow to save the non age of the jasnogo (noe gives) in a context where the subject of TAD010! 10 discussed ant on the creation of the joint property after tho okciaction of the soparato projerty Nor 18 there no extinction of proprietary right, on obrating the on dao stretch ol a rule by the extinction of the proprietary right, the word of quantity nseless thoro also by assoming the ortinction of provit proprietary tight by non Accraal of 11 che PTO Flur of it On acco; ting the exciting forca volition, thioro is buide forlu : thoroby there is no ostinction of the prom | riotary right bat moro crestion ol chofroj riotary right in anothor thy othor and the creation of the proprietary right in one wh 1 POBIOosud of it, by tliu stiusulaturg force of the volition 18 roluto 11 con IL ·YAJNAVALKYA SMRITI 25 not be asid that there is wrong ia overlooking it, because by not creating proprietary right in all usher, there is no applicability of the passage 'he gives Similarly it does not apply in the case of sale by reason of its nonoreation of propriatsiy right according to the rules In Bach & bà 90 to obviate the undue extension of the rule, the proprietary right arises by the previou8 acceptance of the sale consideration In this way, by the word 'gitt eto, the saine applies in the case of sale, because the BItinction and cioation of the right take place in both of them It should not be said that the right arising from gift atc 18 useless and improper The text is with a view to support the creation of the right arising at uad zaferable from the scripture even on its production from tho tomporal agents and inforable from the oridence thoroof Iron 40 Wрөг Slularly by "A Brahman by Boceptance of gift oto ,.. by sa beritance" the acceptance etc, are clearly said to be absential, not by the last clause even on so describing, but by the first, the essential nataro aries by earning bat not by the proprietary right, ouraing may be 1d, as described previously, as constituting profit and lona tho means of Acqniring wealth Just like the purport of text, 'let ono WŁO 16 possegeed of wealth by acceptance of gifte etc, appropriate woelth by earning 16", it is also acquired by the samo moans Therefore "lot woalth bo earned by means of acrifice ots' means that gift etc are the mouse of Acquiring proprietary right 12 earning wealth by acceptance of gift eto, as explained previongly The act of acceptance of gift eto , 18 therefore, an earning and like it, it 18 BlBo & means thereof Thero in the following order in the creation (of a right to the begin. 10g, there is relinquishment, thon scceptance of gift, then earning, then proprietary right i he middle two (constituents) do not exist by (the vita existonoo of) the first, almilarly in other cases Similarly in leation by socoptance of gift', creation 19 apparently a common factor, oto, inclado like officiating as a priest, toaching victory, agriculture, service, relinquishment of like things, inheritance which is common and any. thing effected by asle Thoro the real nature of the acceptance of gilt oto, and reliaquichmont and sale 19 explained and the real natare of the Acceptance of gift and finding like them 18 obvious By 'ruheritance (ok. tha) is means tho mero relationship with the owner arising from hertugo, by partition 18 meant the absence of the articular obstruction of that kind, their non contradicto: 9 Dature was explained previously, so thero 18 nothing wrong The partition as describod previously does not oreuta proprietory right being a part thereof (compound forming with heritage) This is the reason why Goatama and others have not included it amongst causes By partition proprietary right' 18 the subject for discuseion coording to othere, in the text of Gouta na the word '98 vibhaga' (partition) means 'partition't it 19 not what was describ od proviously but 19 well known ides (of partition) which by romuring the doubt support the established truth thoro 18 then to contradictin In this way the proprietary right 13 inferable from enjoyment atc, perceivable by all visible means of proof, applicable to common and dacominon a bote aard objects, extingaishable on partition like gift and APIBO9 ·28 MITÅEŞARÁ I 1 16 purchase 19 jaya b conquest a prayogah trade कर्मयोग: karmayogot om; logmont cha, and HT Satparigrahah, acceptance fruin i propor parson, Hara, algo ,chs, and, ffa iti, thus, AI BATUTT Maou sinernát, since Menu declares 16 The purpose of the preceding disquisition is this. A tert oxpresses "When Br shmans hare ucquired wealth by a blameable act, they re cleared by the abandonmont of it, with prayor and rigid austenty Now, if property be deduoible only from sacred ordinances that, which has been obtained by accepting presents froin an improper person, or by other mesns which aro yoprobated, weuld not be property, and cons-quently would not bo partible Amung sons But if it be a worldly matter, then eron what is obtainod bg such mean, is property and may bo divided among hoirs, and the atonoment above mentioned rogards tho so quirer only but sods have the right by inheritanoe, and thereforo no blame attaohas to thom, 900e Manu declares, "There aro BOVOA virtuous means of acquiriug proporty, viz., inboritance, dole Balambhafta's glon Now in the present d181 oorso, it 10 mat propor to onqairo into tho real notard of the proprietary right by reason of the non go of tho sab divisions into temporal and non temporal IIa thoroforo slyt "Tho par pogeul tho preceding disquistion etc abandonment'mean. 'giving up ho anys 'not by that alone (bat) by prayer' also ho toons, by this *ADC 4100 ot abandonmout by Sonu He states tho view of tho appronont, 'Irom bacred ordinances, the reprehonsible is of two kindr, one thint 1. prohibitod and the other that is not laid dosen Aocosting prosoats frors ad improper porsan', 1. tho established truth, ho remuroi tho contra diction of the text ng 'giving 16 ;', ho sayo by doggonting the distinc troi by only' (ora) Tho rona, can thero bo trasmistran of an liko of heritanco? Ho therefore tay: 'aayon', those are tho mond" to acquire wraith hero the torm inheritance inclades both spheritance and partiou tho Tid acquisting includes rocopter by gift and Gading 1 Protors includos Gno tradot includes agricolturo Colc, omplaymont aclados acenntance of roward from it both aboald bo understood ---- --- betokeot stand bas not brun translated by Colebroot. Ir nebo inclaloa fren Bable! There ar. sotse lowlal male al amarlor properly. (TIL) Lalerilade, fodor ** Irlay donation parcau. conggi lepillos at lave lhe perlot mucot wor* .10.. *7463 of frem tidlases to SDL XIY 116 - ·YAJNAVALKY A SARITI 29 It is j roper to discuss the subject promised according to the pro. mine but not therwise how is it contrary here? nor is there any other differont reason by yn tue of its absence There is no argument based Djun suries of reasons by virtue of the dependence of the present d180181 tion un tho temporal paturo of the proprietary right por does the taxim or noodle and kottle* *} ly here by roagon of proving its temporal nature from many Biguments and by sooing (no proof of) any other IE you say that a saljeut discussed and one to bo diecassed are both ih An unfavourable position, the rely 18 that it is not so Liko jroporty by the tem, oral nature of partition, by the non tempral nature ofthe rules relating to it and by the temporal nature of both ect, the temporal nature of the proprietary right in the above said ways has already been pr »ved, there the creation of it from of partition etc, ai piee but pot otherwise the subject discussed 18 & reason and the subject to be discussed 19, tberefore, bused on s reason Its immediate discute ion is therefore, proper, it is the sp Ustance Mataksara इदानीमिदं संविहाते । विभागात्स्थत्यमुत स्पस्य सतोधिभागइति । १७ ॥ Karah Idagiu, now, vext, 147 dam, this, it afat sandıbyate, is doubted, FOTETIT vibh&get, throngl partition, at patvam, pro. perty uta, or, ETET BVBSIS, the proprietary right , et gatah, being already there , fit vibhagah, partition , ufà it, thus the doubt, Nert, it is doubted whether property arises from artition, or thu division be of an existent right Mltaksara 17 तत्र विभागात्स्सत्वमिति तायद्युक्तम् । जातपुत्रस्थाधानपिधानात् । यदि जन्म. मेघ स्वर स्यात्सदोत्पत्रस्य पुत्रस्यापि तत्स्व साधारणमिति द्रव्यसाम्येयाधानादिपु पितुरनधिकारः स्यात् । १८ ॥ * Tatra, of these (positions) feximit - blagát, Arising from partition *T*97 Avatyam, property faits, this position, 4194 tavad, indeed, syuktam, right, 319 j&taputrasya, of a man to whoin A son is born, array Adbåna vidhâuêt, bocange of the onjoining (fawr) (by the scriptare) to maintain a holy fire (WIA), uff yadı, at, That janm DA, by birth, 5eva, aluno a vetvem, property, *917 syat, would be, teda, then उपक्षप utpannasya, of one just born , shu jutrasya, of a son, af spi, eren , 1 tat, that, ** GPAO, • When there are two act to bo performed, one casier sad the other more aboal, a htne, the anslar on. Abouti be performod art ·30 MITÁRSARÁ I. 1. 19. property ostate ; ATM sådhårsnam, woald be common ; fe iti, and, hence, frute deavya-sallyeou, that are accomplished by the uno (19) of wealth (qua), 1979.feu adhânådışa, in matters each as maintaining the sacred fire etc fra pruh, of the father ; ETT: enadhikirah, in. oblity: magát, thors would be. 18. Of these (positions), that of property arising from partiti onis right, since a man, to whom a son is born, i enjoined to manitain a holy fire : for, were property vested by bir alone, the stato would be common to the son as soon as born; and the faiher would not be coinpetent to maintain a sacrificial fire, and perforin other religious duties whiol are accomplished by the uso of wealth. Balambhatta's gloss. 17 and 18 Harping on the same, ke saya, nov. (idonim) moaning next; no it should be understood that with the said objoct the word 'non is used It 18 donbted'; he supports the Onunciated proposition containing the above-said doubt in the opnnciated proposition from lo at from partition'? There' (tatra), means 'between two. "Borsa, he INosolot one who has black hair and to whom 800 18 born, antain holy fire', thore the word 'son' stands for all doscendants or it is behavrihi sccording to the role ombodiod in Paniai I 2. 04. ono wlio has got black hair shows youth or compotonog. Ono who us thug entitled, should ontbolrate the holy Gre, this is tho menging. Even if it ia & mandatory text with respect tot, how does proprietary right arika therefrorn? He, therefore, gives a reply. 'If by birth', 'alone is for contrast. Bora' ineant by his becoming an equal owner in the property, it bocomes common property. He saya, the estate', 'on the maintenance of the holy fire ete' means the ceremonies to be performed by the husband and wifo only: 'etc-include the donations in the necessary funeral and Datel ceremonies. Difahord. तथा विभागात्प्रापितृप्रसाद लम्धस्य विभागमतिपेधोनोपपयते । सर्वानुमत्या रचत्वामिभागप्राप्तयभाषात् । यथाह । शौर्यभार्याधने चोमे या विद्याधनं भवेत् । श्रीएयेतान्यविभाज्यानि प्रसादोयश्च पैतृकाति । १४ ॥ og Tatba, like-wise, femre vibhagat, separation 91% prak, baloro ; fumere pitri-prasads, through the liberality (ar) of the father; etaET labdoanga, of whst 18 obtemed, far-fade: viblåge.pratiedlab, the prohibition of * division.ans, not, 79907 upapadyate, would be pertinent, algaet barye-anamaty, by the content (agafa) of all the ·YAJNAVALKYA SMRITI 32 parties, en dattati dt because of its boing given , frangia vibhaga pript, of the suppos tion of partition *17iT abhåsat, becauso of tho sbsence, yuth, 28 If Aha, says, 71-8à gauryo bharya dhave wealth by valour and wealth of s wife, tha and abhe, both , *Tyat, which , ruha, again, fraiva ridyadhanaa, woalth acquired by scionco, IT bhavot, would be, in trini, throo, oa etánı, thore, wfma få avbb&nt, exent from partition , FAIT prasádub, A Lavour, yaḥ, which is , oha, and, 86: patrikaḥ, conferred by a father, fata, 80 19, Likewise the prohibition of a division of that, which 18 obtained from the liberality of the father previous to separation, Would not bo pertinent since no partition of it oan be supposed, for at has boon given by consent of all parties. But Narada does propound such a prohibition "Excepting what is gained by valour, the wealth of a wife, and what is aoquired by scienoe, which are throc sorts of property exempt from partition, and any favour conferred by a father." Balambhatla' glos 1g Il you say that tho right in question SP1888 ander text, thon by roseon of the autocodopt prohibition there can be a partition 10 Case of a donation made by fapour, it is not so, 80 he shows the irrelevancy of tho prohibition In kewire', he says in order to refote the other confcting roago 'all', in that case under thoso circumstances by reason of hoying both tho right of making a gift and accopting it and the spb. Laqueut (nilaro of the cause, 10 fails It 19, thereforo irrelorant, and the tatt 13 liko A sky-bloxor (impoegible) Narada theroforo, says, 'ho ho says' in the wealth acquired by valor and tho wife, ao aloo before, therefore the meaning 28) what 1. obtained by Yalour according to Brihaspati end the gains of scienco obtained by valour according to Vyása also con atitate Health And which, inatber ronding 18 proferable to shone', paternal' 18 tko se ne COOg from the father na derived by adding 83 an Blir goder, 'And or after putri (Pagina IY, 3 79)* Mlakora तथा । भनों प्रीतेन यह स्त्रियै तस्मिन्यतेऽपि तत् । सा यथाकामममीपादचा या स्पाषराहतइति मौतिदामवयनं नोपपद्यते॥ तजन्मनैव स्वत्धे न च स्थाषरारते यसमिति संबन्धोयुक्तोव्यवहितयोजनामहात् । २०॥ • The ratra 5423 RT #Ill be added after fat sed will be added in the son of ouming from ther.

·SIIT AKŞIRÁ 1. I 00 File, Fut tatha so, wal bhartra big beobanj, a priteos, affection ato nend, which #cattain, 16 given, fotstrial, tu s alta Instain, ou his , Et inrite, berny docou sod, whun he is deud, waplo alys, mittat, that, så, oho, 2018. jathakaton, as slio pleases, Het ngntråt, may LUAgu!ne-onjoy, Farg dadysty thay give away, #4 vr , FAIT that are i, innovatio proportu, it pito, o copiat. Po 11, thus, Ataxias rudun, curoring an effectivBLD gift 407 VACAnam, tha ni! TON, Dut 79108 apapadyste, would be pertinent. Mlad, that, TAI Janman, bs birth , 47 era, alone, ki svatve, il property wore , ane, not, cha, and, nor ; FUIFTE olararad, 1100T allo property , drite, excepting, pad, which , Te dartau, &lton, ia aty, so, thra, of these toros , 4170 BAL bandbob, cuppeation, g suktah, right, *91&T ryar hits, or disjuntod words, grant yojaa, construction TAFIT pasanght, tloro tould be an Ocasion fur 20. Bo the test concerning an affootionnte gift, (Wat bas been giron by an a lectionate bugland to hs wife, sho may consume as sho pleases, when ho 18 dead, or may give it awar, esccpting immorablo property”.) would not bo pertinent, if property 1 wero vested by birth alono, Nor 18 at right to oonnect tlse words, "oxcepting immovable property ut with the terms "what has been givon" (in the toxt last orted), for that would be a forced construteron ly conncotion of drsjointed torms Blambhatta' gloss 20 1 there 19 Do consent of all, it relates to that subject and bore 18 no falt he then points out another defeat "Su he cites from Vrobne by the husband,' he saye sa by roason of two kinds of gifts , 'affection by common In het dago by rossos of the incapacity of the recently born infant in giving consent, althoogb he has proprietsry right thoroin, of the incapacity of 0.6 to grant be TOSHOp vrole primary or immer sind my wihr unuduly, vil ang gift ont of alection, the text in sopport of it is contrary, It is the Ideaalog, is it even so when it (prohibitiou) 16 congected with the wmore oble property in the succeeding plagae? It is not so there is no conflict of texta bat harmony, so le doubts And not", being not connected with obting to end that being pot prohibited but being connected with the affectionat gift bod the prohibition pertaining to the te moveable property, the spirit of law 81 p.183 there but nowhere else, 'thore', by the birth thereof, the proprietary right is laid dora It 10 the meaning Disconnected", on conecting them thus, it would be so, bat it is not wo, by TOlson of ach connection not arising, becsato of the inter Pention of the obstruction If it 15 20, 4780 by resdiag together the to eto ·TÄJNA,VALKYA SMRITI 38 differont tozts unconnected by reason of the prohibition of the gift of the im povable property, the proprietary right arrses by birth but not by partition, with this object he doubts the game, ornaments Mtaksara यदपि । मणिमुकामवालानां सर्वस्यैव पिता प्रभु'। स्थाघरस्य तु सर्घस्य न पिता न पितामहः। तथा । पितृप्रसादाद्भुज्यन्ते पखाण्याभरणानि च । स्थायर तु न भुज्येत प्रसादे सति पैतृके इति ॥ स्थावरस्य प्रसादादिहान प्रतिषेधवचन तत्पितामहो पाचस्थावरविषयम् । अतीते पितामहे तदन पितापुत्रयोः साधारणमपि मणिमुक्तादि पितुरेव । स्थाधर तु साधारणमित्यस्मादेष पचनारगम्यते । २१ ॥ a yad, mis api, which again, as for, afa mani, of y muktå of pearls Warsaw pravålånám, and of corols, 17 sarva eye of all, ceva, indeed, foar pità, the father प्रमु prabhah, the qwnor, tratay 8thåvarasya, of the immovable property , Ttu, but, ET sarvasya, of all, #na, ne ther, faat pite the father, una nor. Faarte patamshah, the grand father , ar tatha, similarly , facentar pitru prasadad, through the favour of the father, yea bhojyante, are enjoyed, afo vasirani, clothes, Tufa Abharnai cha, and, Fararh sthåvaram, immovable, to, but, t na, not prta bhajgato, should be eaed, prasade, throngh the indalgence, ara satı, tlora would bo, da paitrike, of the father, la xt1, this, KITEET thêvarasy, of regarding imwovable property waigi prasadad, through favour. T iba, horo , 7 na, not , afāta pratioadhe, of prolio bition, 47 vachanam, passage, at tat, that faat pit&mahe, by the grandfathor, उपात्त upatta acquired, 9197-fazer sthå vara vipayar, about immovable property, wată atſte, if dead, foarna prta. wake, the grand father , #77 taudhanom, his wealth , frat 3947 pitoputragoh, of the father and son, TARTUF sådberanam comiaon, ala api, but, afòr maņi, gome , * maktadı, pearls etc, fa pitob, belong to the father, gTepe, only , UT 8th varata, tho immovable property. tta, bat, UTOTT sådhårenem, common gla atı, 30, this, 41 asmad, from this ua ora, very, 99la yachandd, passage , **777 Aragam fato, 16 seen, appers 21. As for the tost "Tho father is master of the gems, pearls, and corals, and of all other moralio property ,) but nother tho father, nor 1lie grandfather, is so of the whole immorablo estate”, aud this olber passage, By favour of the father, clothes, and 5 ·34 MITÂRŞARÁ 1. I. 22. ornaments are used, but immorable property may not bo consumcd,irven with the father's jodalgenoo"; which passages forbid a gift of innov ble property through favour: they both relate to immovables which have descended from the paternal grand-father, when the grand father dies, his effects become the common property of the father and sons; but it appears from this text alone, that the gem', pearls and other movables belong exclusively to the father, while the immovable estate remains common, Balambhatta's gloss. 21. Although's this means two verses from Narada: 'of corolo' it is in the genitive case for singling them out for being connected by reason of their boius vf the same category. Though falling under the same category by rason of the saine doclension, yot tho game tert doos not apply to thein by reason of the contrary application of the Vedas are Anthorities', by tho inverted order, eg is to be distingaished; no other than the annuovable property but the immovablo proporty only. The entirg passage has, therefore, a significance; he says by soggesting an implied and additional songo: Immorable property': he suggests the desired upity; 'of all' in the following passage also. "By tho foroar of the father, availablo"; "on being' even on being in the affectionate gift', it is in the locative case to indicate e sabject, 'prohibitory text'; it is in eingular being applicable to clos, similary in tho succooding. Whon there is co ownerslip in the immovable property, the application of the maxim called 'half an aged woman'* does not apply in the case of the pearle mud oprala. Therefore, he say!', ryhen the grand father diog,' so it is ander tho rule kuubtivned by the text, thore is nothing wrong in it. Mitakora, तस्मान जन्मना स्वत्वं किंतु स्वामिनाशाद्विभागामा स्वत्वम् । अतएष पितुरूप FEDTMTTATIS ETERIET usturtiga maru a fataria fa steren: 1 तधैकपुत्रस्यापि पितृप्रयाणादेव पुत्रस्य समिति न विभागमपेक्षत इति ॥२२॥ af tasmia, therefore ; 708, vot; 1 juomana, by birth; 1 svaivaus, property. Ray kinta, bat; fifa-773115 8v&ini-nagad, after the douth of the owner; for HR vibh gâd, by a partition 9 A, or ; FTESE Evolvam, property ; 6a: ataḥ, hence ; 9oys, indeed ; Pos: pitoki The Daxim applied when you keep a ball of bea for laytog down 78% and the other balt for gooking. It us isa poesible to dovde atlog Into two souto keep ons pan farede parport o the other for difforts byret the maon, therefore, instant the text an not be troken ata twoja 4 to apply to differ ut and contrary objects (Bee slow Jacob's Laika Nioginjal - ·YAJNAVALKYA SMRITI 85 the father , a Ardhvan, after; fant vibhagat, the partition ; $16. prak, before ; : dravgah, of the wealth, EatSyntrasyn, of the proprietary right; stocart prabiņatvật, becapse of the loss of: angene, hy some other person, & strenger ; TATUT grilgaminam, borng snatched away ; * na, not; farà nivåryata, 18 prevented; ft iti, so, this; qm chodyasya, for an objection, supposition , 14 ETXT: anatokasah, there is no room for ; tatha, likewise, 80, $INET . patrasya, in the case of an only 800, afqapı, also, fary977/pitra prayaņ&d, by the demise of the father, eva, only, just. 9964 parasys, 77 svam, the property ; fa atı, thorofore.7 ns, but ; Forumt viblayaca, partition ; atera apeksate, does require , fiti, B. of the son 22. Thoroforo proporty is not by birth, but by dem'so of tho ownor, or by partition. Acourdingly (sincu tho denn so of tho owner 18 a causo of property) thero is no rauiu for supong, that a strangor could not be provontod from taking the effects bconuso the property was vacant, after the death of tho futlier before partition. So likowise, in the case of an only son, the estato becomes tho property of the son by the father's decuasc, and duos not requiro partition. Balambhalla's gloss. lo conclades the purvalpa Copponent's view), 'thoroforo': it meane this. By acquisition, the property belongs to tho ucqaror, then it passes to his relativon or eons by partition or in deinits of the owner. Whou tho owner is alive, the partition is the chos, ot the proprietary right Whon tho proprietor is dead, his death is the cause of the prom prietary right. Thero is another peculiar feature, when the owner's relativo, son or grandson 19 single and the owner is divided or noglo shoro is the cause of the ancommon proprietary right on the death of the ownor but when they are many, the property becomes comunion (of all) on the death of the typer bat Boparate on partition In this stato of tho wwer on the demise of the grandfather by ronson uſ the absenco ol the soparato property of thio father boforo partition in the grandfather's proporty, sboald not make A gift of the ancestral property vat ol affection. This prohibition relates to the gifs of innovable, but not the solf acquired property by of the proprietary right ansing by birth Because the death of the ownor 1: *190 Xcanso of the proprietary right, therofuro on the doaib of the father before partition, liko ibe property of stranger, LOID an objoct of indifereale dues not becoino peoporty, to be say, 'acconta aglywonas by accepting the death of the Tatber'TACAL' one Inch голоо to 21A ·36 MITÅKŞARA 1: 1: 23: 1 the absence of the ownor 1990rting the right. Eating explained its necessity in the cas of many song be sh"18. the neces91ty thorool in the use of ono son ; '80 likewise' means like it; by docease' 10eans by death the sentence ino30s that the property of Bach preposit to sho has got only one son, becomes Vested in the snp on his death only, bat dogs not stand in died of partition. Dalg (eta) is in abtithosis rith 'out',' (does not require). Miiaksara अत्रोच्यते । लोकप्रसिखमेय स्वत्यमित्युक्तम् ॥ लोके च पुत्रादीनां जन्मनैव स्वत्वं प्रसिद्धतरं नापहवमर्हति । विमागशब्दश्च पहुंस्वामिकधनविषयोलोकप्रसिझोनान्यदीप विषयो :न प्रहोणविषयः । तं वयोत्पत्त्यैवार्थस्वामित्व 'लभेतेत्याचायोति गौतम' घचनाच्च । २३॥ * otra, bero, as regards this; oth udbyate,'it is asid ; eta bertan Jokapraaddham, a matter of popolar" rocógnitior; greva, indeed; Tu svatvam, property; pfa iti, 80; 35 pktam, it is said to loka, in the world, cha, and ;r giant patridinam, of a son etc.; H1 januara, b, birth ; geva, indoed; a svatram, property ; sfargar praaddhataram, better known ; 7 an, not apalnayam, denial, contradiction; wela arhati, deserves ; fanm ribhága iabdab, the word partition ; obà, and ; - bahn svamika, such as may havo many owners, wa-fa941 dhan18-visays !, about each wealth Ba etc लोकofaa: loka-pragiddhah, very familiar to the world; Da, not; ruta. fara: bayadiya•vigayak, pertaining to that's rich relates to another anā, Bor; 179-rama: prahina-pişgah, apportaining to pacánt proporty: 917 tam, him ; aut tetha, 80 ; 31941 utpatya, by birth ; * -ENHETE, artha. 6yAmityam, OTAOrship of wealth ; geeva, indeed, ha Is blets, may reach or may be takon ; far iti, so, direct, arerir: achårgåh, the renerable teachers : faiti, 80 ; TRIE Gaatam-vachanat, froin tho tout of Grutams; Toha, and. 23. To this the answer is : It has been shown, that property is a matter of popular rooognition; and the right of sons and the rest, by birth, is inøst fainiliar, to the world, as cannot be don'ed: but the term partition is generally understood to rulate to effects belonging to several oyncrs and does not relate to that which appertains to another, nor to goods Tacant, or unowned. For the text of Gautams expresses, "Let ownersbip of Wealth bo taken i by bitth; as the venerable teachers direct." !

·TAJNAVALKYA SARITI 37 Balambhatta & gloss 23 Having thas explained the paryepakşe via w (ne the opponent) he sets forth the siddhanta (established) piew "To this the answer is eto ho roiteratog the Bang hure tu aaggest tho the roason of the previons ostablishod trath 'Amagat poo, le he moons that it 19 80 recognised by the poplo 'and p»pular recognition' shows the pocossity of tho roulag of the ecoullonco on accepting it N denial', he gives anthor reason 'partitun' has already boen explained previously, fano road' ('#oant") nit als) with nat iTealth is gonerally accepted, tb roposto I cites Gauta ns's to it support of 810arly by birth'shinlary' is to denote conjunction, the peaning that the teachers lield that the progerty should be taken by one by reason of the proprietary right in the inheritance from one's buth there 18 another reading by reason of there being no owner' bat there is another reading the ownership of tho property' which ofton occurs and 18 preferable and *ander the text (vachanat) 15 incorrect reading irulakera 15 ID 19 t मणिमुक्कामवालानामित्यादि घचनं च अन्मना स्यत्वपक्षपयोपपद्यते । पितामहोपात्तस्धाधरविपपमिति युक्तम् । न पिता न पितामहति घचनात् । पिता- महस्य हि स्थार्जितमपि पुत्रपौत्रे च सत्यदेयमिति वचन जन्मना स्वत्व'गमयति । तथा परमते मणिमुकावस्त्राभरणादीनां पैतामहानामपि। पितुरेव स्वत्वं वचनात् । एवम. स्मन्मतेऽपि पिनार्जितानामप्येतेपापितुर्दानाधिकारो घचनादित्यधिशेषः । २४ ॥ 1 Aman, of goms get makta, of pearls, Haferat fravaanam, and ot corals if itu adı, this and the following , a rachanan, text o che, again , THAT janmanå being yestod by birth, 7 avoten pakşe, on the sap ooitton of proprietary right, Ov, only aviat apapadyate, 18 ertinent, tns, not, cha and , Paarne pitamaha, by the grandfather, 3947 opštts, ecquired", स्थावर विषयम् sti avara VIHAJAM, concerning the immovable property, plot it, thus , 9117 yuktam 18 right, 70A, not, neither, fat pita, the father, no, not, FORIRT pitämahs, the grandfather, çfa iti, this 14 Yachanåt, from this text. TAKET pitämahasys, tho gradd father's , fths, becages fa ar avârjutami on sequisition , ufa spt also, 94, atre, ata pautre, the grand so , cho aod, kft sati berng alive, present, lavjag, te adoyam, 18 out to be given , efa iti, tlus 2419 rachanan, Hat janmuna, by birth evat ram, & proprietary Interest, agafa gamayatı, indicates, taths, 8s Sư Para mate, According to the other opigion, Alemani, the gems, 98 mukta, the 2001, rim, ·38 MITĂ EŞARÂ I, I. 24. ponrls ; rastrs, clotl193; furglar Abhorgadinam, ornaments and othor clocts ; & tragitt unitamalânam, belonging to the grandfather and inherited froin hiin, at nyi, thnagh ; fep: pituh, nro the father's ; Bratvain, proporty ; 771 vachanit nder special provisions of the law; 15 ovam ; thas; sier at usann-mate, according to our opinion ;' ap, alan ; laat itra, by his fathor; 19 arjitam, acquired; u api, thwagli.gaan eirsdra, thuse; rog: pitub, the father's ; 977-fahr: Jang. adhikaraḥ, tlo right to give ; 99117 vachan At, these bciag an sathority of a taxt, fitti, thoso wurde, wf 1317: Avisegah, are (of course) commod. 21. Murcovor, the text abovo cifcd, "The father is master of tho goms, pearls, &o.", (821) is pertinent on the supposition of a proprictary rigl restod bg birid, Nor is it riglit to affirın, that it relates to immorables which havo descended from the paternal grandfather : since tho toxt expresses incither the father, nor tho grandfather.' The maxim, that the grandfather's own aequisimtion should not be given away whilo a son or grandson is living, indicates n propriotary interest by birth. As, aocording to tho othor opinion, the precious stones, pearls, clothes, ornaments, and otlior offects, though inheritod from the grandfather, belong to the father under the special provisions of the law; so, according to our opinion, tho father has power, under the same text, to give airas auch elicots, though acquired by his father. There is no difference Balambhatta's gloas. 24 (ITC 825s that tbe passage) 'gerns, penrls etc,"fits in with the ostablished trotli (aidheata view)..gem' bg etc.18 902ut an nocepeance of a gut arising from the text. Haping thus accomplished tho object, hs expogus the pergerseness of the critic's statement. Nor the grandfather, le gives reason to show its inappropriateness *Neither father', ile meaning is that by the accrual of the proprietary night with the death of the propositas, even on the jointness of the father and bun on the death of the grand father in his property, the goms etc. under the text belong to the father alono bat the inmopablo proporty is copilun If the pievingsly said maaniag is clear from the text, the pro- VivaBoly laid down rule is applicable It is not !!, if the movable property is acyuired by the grandfathor, then during his life time in the self-acquisitions, thero is no applicability of the fourth psssage (gift with. out acceptance to suggest the went ol ownership. It may be, therefore, Baid that the statement to the effoct that the innoveable property is the ·YAJNAVALKY A SMRITI. SO common property of all, is not appropriate and does not relate to it To what arbjeet do those two texts_apply, so that they may be relevant ander tho present disvassion de replies, the greutathers, the means because, the maxim rolers to two texts 16 neaus that both the texts point to the proprietary right arising with the birth How can there bu an affectionate gift of the gems and pearls, it there is common propriotary right with the birth alune ? On this quertion boing ransod: oat of doforonco he sophos, as', 'other', means thio objector, he says with that object 'garment According to var opinion' monas » the established trath alao (snddbånta view) there is another reeding 'self acquired' instead of 'acquired by his father do muans that in the same ways fa*her is comjetent t, make a gift of self-acquired chattels with the exception of the immovable property even withuat the validating consont Mutaksara यचु भर्ना प्रीतेनेत्यादिपिप्णुवचनं स्थावरस्य प्रीवदानशापन तत्स्योपार्जितस्यापि पुषायभ्यनुतयैवेति ब्याख्येयम् । पूर्वोक्त मणिमुक्तादियचन. स्थावरख्यतिरिक्तस्यैव मीतgraduerfa XT 11 24. ft 24 yat, that, to but, again, af bhartra, by the husband, sit pritena, by the ploased one or affectionate one , fe fe ita adı, thens and the other, faya vsáņa vachanam words of Váyu , FUITET athavarasya , of ba ammorable proporty, sfàgia prîta dana, an affectionate gift, Tjiapanam, indicating, ag tat, that, stagrftiaer nya upara- Jitasyo, of what is his own acquisition, - api, though, Juk patrådı, of sons and others , FTITAT abbydaujāays, with the consent, or permis - BIOD, Tova, only , fait, 80, vyakhyeyam, to be interpreted pårvoktaib, by what are cited above , fu mani, gems, ir maktadı, pearls etc., gaat: vachanab, by the passages , furatsufalt 66 sthévarn vyatırıktasya, of what 18 other than 2movables एवम् ovaru, thus , ffagra priti dâna, for maktug an affectionate gaft ataca yogyatva of fitness, fem96 nisobagat, because of the certainty of 26. But the test of Vishnu's (620), which montions a gift of inmoyables bestowed through affection, must be interpreted as relating to property acquired by the father himself and given with the censent of his son and the rest : for, by the passage (above oted, as well as others not quoted, riz) “The father is master of the gems, pearls, &c,' the fitness o any other but ipi. morables for an aficotionate gut was certain ·AITAKŞARÁ I. I. 26. CASO. Balambhalla's gloss. 25 Is not the text of plina similarly agaiost the affectiouale gilt of the Table imperts? He, therefore, replios 'as to...by the husband'; it refors to the gilt made by the husband in favour of his wife kavgesting' na, anam) is from or in the instrumental aeneo and 18 2904 for sugxoster CNA,aka): at many places the same reading occurg That acquired by Insull' imeans that thore is no right of making a gift oren of the self acquired hinayable property without the consent of the capable membois but in other cases it does not stand 10 nood of it Su in tko iminusablo proporty giftod bs the lauband, (the wife) can live till her life without wakiog a gift or sale with at necessity, Here by nuing haaland', it shows the absoluto eststo in s gift made by the father il-lav Therefore, Ben las pati says "ylia lever immuteablc and other properties aro giron to a feinala by lor father in-law, can not be resound cven, by the ons ander say circustance” He assigns a reason to show the appropriateness of Visbna's text. 'aboro.cited' from the plural the noited texts' should be undorstuod, will be clear eabsequendy: by the passages' 13 !! the 3rd form of declension being an instruinental Thero 19, kerefors, no non-applicability of the compound (sawiss) by reason of the cortainty of fitn ss. Alitakşra यद्यप्यर्थसाध्ये घेदिकेषु फर्मस्वनधिकार इति तत्र तनिधानयलादेषा- धिकारो गम्यते । २६॥ ayad, which ; arfe api, again, as for, spa-mag ; Artha eadhyoga, that can be accomplished by the use of wealth, friss vaidikega, that are prescribed by the Vedas ay karmage, for the religious daties (that ela. ), sirars: anadhikbeah, inability: tfs iti, do; at tatra, 33 regards those rites:सद-विधान-पलाद tad-vidhana balad, from the cogency of the precept which enjoing their performance, 99 era, indled; fert. adhakraḥ, suficient power, गम्पते gamyste, 18 inferred, 26. As for the alleged disqualification for religious duties which are presented by the Veda, and when require for their accom. plishment the use of wealth ($28) sufficient porer for such' purposes is inferred from the cogency of the presept which enjoins their performance ). Balambhaita' gloss 26. He rafntes the first organent; he means that there is ad authority conferred under the text.

·TAÍNAYALKTÁ SMRITE 41 Jtt aksara . तस्मात्पैतृके पैतामहे च द्रश्ये जमनैवस्वत्वम् । तथापि पितुरावश्यकेषु धर्म- कृत्येषुधाचनिकेषु प्रसाददानकुटुभ्यभरणापविमोक्षादिषु च स्थायरव्यतिरिक्तद्रव्यविनि- योगे स्वातंत्र्यमिति स्थितम् । स्थावरे तु स्वार्जिते पित्रादिप्राप्ते च पुत्रादिपारतभ्यमेव । स्थावर द्विपद चैव यद्यपि स्वयमर्जितम् । असंभूय सुनान्सर्वाध दान न च विक्रयः॥ ये जाता येऽष्यजाताच ये च गर्ने व्यवस्थिता। वृत्तिं व तेऽभिकान्ति न दान न च विपश्यादिस्मरणात् । २७ ।। सम्मात् tasmad, therotoro , पैतृके partrike, in the patirnal , panta mahe, in the sucestral , ucha, and , ग्ये drarye, (in ths) ostate , जन्मना Januant, by birth , एवं va, Indeed , सस्वम् svatyam, proporty, ताnि tatha yot, पितु pituh of the fathar, the father has . मायकेषु &vaſya kosa, for indispensable, neoassary , धर्म ये dharmaakrityen, acts of duts, arafang vAzhau kesa for parposes proscribed by texts of lav, प्रसाद दान prasad dana, giftsot affection पुटुम्म भरण kntarab bhusana, support of the tsially , प्रारद्वितीज्ञादि apad vitnoksal su, relief from dis tress and sd forth, Rohs, aal, पर व्यतिरिक्त 9thAvara vyatrikts, otler than imenovable, 2,1 drayya, of effects, rafin pantyoges in the dis. posal, स्वातम्या svassntrays, indopen lunco. इनि th, So, this , रचितम्, sthitam, a settled print , TTT sthavare, in régard to the immova blo estate,tu, but , स्वाजिसे svarjite, acquired by himself, faute gra patradi-prapto inheritod from his father , ete घcha, and पुत्रादि putradi, of his tons and the rest, पारत यम् partsutryaul, control, dependence on (his song eto), एक 008, Indeed , स्थावस्म् stbavatam, immovables, विपदम् aripadam, bipeds, a cha, sud एवं Indeed , यद्यपि, yad .ipur though , स्वयम् svayam, by himself, अजितम् srjtterry acquired , अपभू। Nsambhaya, without conyoung सुवान sutan, suns सनि sarvan, all , न , neither, दामम् danan, agik, न च na cha dot . विकर Vikraah a salu ये yo, who , जाता Tatah, are born , ये ye, ro, भपि api, agarn, ग्रजाता a se, who, acha, again, magarbbe, in the womb trafiu it vyasthitan, are resting, settled fixed, lying, वृत्तिम् Inttim, means of support, cha, and, ते te, they , अभिकान्ति ubhikanganti, require , न no, no, चिकर vikrnyah, any sale (should be दानम् danam, gift, मघns cha. nor संस्थात् Sma nar, sinco has been mado), इत्यादि tyadi, such and such ordained eva, . 27. Therefore it 18 1 settled point, that property in tho paternal or ancestnl estate is by thi, (althongh) the fathor ·42 HIITAKŞARÁ I, I 28 have independent power in the disposal of effects other than iminovablos, tur ind spensable acts of duty and for purposes pres. crised by texts of law, as gifts through affection, support of the iamily, relict from distrese, and so furth but he is subject to the control of lis syns and the rest, in regard to the immovable en tatc, whethu aoqu.red by himsesf or inherited from his father or other pr.decessor, since it is ordamed "Thougli immovables or bupeds halso been aoquired by a man himsell, gift or salo of them should not be made without convening all the sons. Thes, who are born, and thoy who are yot unbegotten, and they wlio are still in the womb, require the means of support, au gift or slo stould, therefore, be made." Balambhatta' gloss 01 en 27 Ho the makes a particular conclasion, therefore, it is con noctod with settled' (sthite"), although' is understood of the fathor 18 connected wit! '1o depondenco', he ostes the necessary smriti passages For anlıs; ensable acts" ho assigns reason in the existence of necessity, as prescribed in texts of late maads in the funeral ceremonies t 18 & part of the su ceeding payage Imoveable property', he 18 judes on. dent in disposin; of the other kind of property Irving said elsewhom abont immoreablo property, he not oxpresses tho ostablislied trail 'nuoveable property', 'bet is in contrast controli (dopondence) of the father he says that ou reading its meaning as a whole in conformity with reason, the text 18 an onception Iuum ove ibla praporty', bupeds' slaves ete , geil even by self, cornod, (altlinagh Ins' is understood "\Vithout convening', withont asking, tho son' includes daughter 'therefore all'18 On ekgeşa (dvanda)comprandos explained 1 reviously. Not only these but others Diso, 'those who are born' 'an born' those who will be bora 'require', 'becaure', 'lorofore are nuderstoud. Matakord श्रस्यापवाद । एकोपि स्थायरे कुर्यादानाधमनविक्रयम् । आपत्काले फुटुम्पार्थे धर्मार्थं च विशेषत इति । २८॥ UTET 299n, to this 11 mpavidnby, in exco tion, okah, singio , *Tapi, es en E111t sthivare, of an mingyable fros erty, xala Lurgat, shvali con lule, Járn dination, 9487 ndheronB A mortsoge विकपम् nkrayam or sale #19 åpatkale, during a $4500 ·YAJNAVALKYA SIIRITI. 43 7 of distress, a kata mbårthe, for the gake of the family , waar dhe nårthe, for pivas parposes , fishta V1898 stah, especially , fa ti, AV 28. An exception to it follows "Even a single individual may covolude a donation, mortgage, or sale of immorable properts, during a season of distress, for the sake of the family, and especially for pious purposes > Balambhatta's gloss 23 "Its' means the exception by the special text to the above gaid general role in the immorable proporty, it is in the locativo caso in the BODAE of subjoct, imortagu' meang hypothecation 10 A Coround called "dwanda by collection' He gives to special reason distresa', he says in order to a accomplish the object only Mitaksara भस्य asya, अस्पार्थ । अगतम्यवहारेषु पुत्रेषु पीया अनुज्ञादानादावलमय मातृपु षा तथाविधेपविभकेपपि सकलकुटुम्व्यापिन्यामा गदि तत्पोपणे वावर कर्तव्येषु, पितृश्राद्धादियु स्थावरस्य दानाधमनविक्रयमेकोपि समर्थः कुर्यादिति । २६॥ of this, sp. arthah, the meaning, 2740195976175 apr&pta vyavahfresu, minor such as are not capable of dealing in bası ness gig patresa, if the rons are stag pantiesa, 1 the grandsons sro (80), 97 VA, 01 , erger rart anajna dånddau, of giring consent wanag asamarthesu, incapable of , wiat bhiatr , if the brothers be , 4 vâ, or, menarig tatlávid lesu, being so my asbhaktesa, contiene un nepa. rated, ufi api, even, though, Aksarfiring sakal katanba vya rinyam, affecting the whole family, 19 apud ln & calamity, a 1907 tat ponine, in supportiog it, ar vå, or, nanay evnsgam kar. tavyega, in the matter of indispensable duties fat wraife, potrz braddidrea, such as the obseqaies of the father or the like 6117783 sthåvarasya, of the immorable property, a dana, guſt, 2441 adhamana, hypotheca. tion, fomu vikrays, or sale ukab single, afg api though, 9amarthah, who 18 capable, tra kursåt, may conclado , gla iti, anch 19 the meaning 20 Tlie 103aning of that tert 19 this: while the song and grandsons are minors, and incapable or giving the r consent to a ·MITAKSARÁ II, 80. giit and tho like, or while brothers aro so, and continue upseparatod, even one porson, who is capable, raay conolude a gift, ligpothecation, or sale of immovaule piru,jerty, if a calatnity affecting the whole family require it, or tho support of the family render it nocussary, or ind spensable duties, such as the obsequios of tho family reudur it nroossarr, or indispensable duties, such as the obsequios of the father or tho liko make it yqaroidablo. Balambhatta's gloss. 20 Its menning, 'in giving their consent' shows the manner of Who is to be said un tbeir being capablo and 13 not in condict. farther it show the cunsultation of both: by 'api' (ulan) is noant the reunited: *cepe tully' is anders deverywhere, even then he wentiona it specially: wtiolo', it (rar) ino:09 the entire family.lo gives the result by tho locative case in the sense of subject. 'O E the innoveable property' ; 'may con. olade, tbezelure thuugh unity is obtained , he reiterates the units of pur 50 : 'capable.' Aitakora. यत्तुवचनम् । अपिमत्ता विभका या सपिएडाः प्यायरे समा। पकोडानीय सर्वत्र दानाचमनयिकयइति तदप्यधिभक्तपु प्रव्यस्य मध्यस्पत्वादेकस्पानी. भ्वरत्वात् सर्वाभ्यनुशायश्यं कार्या। विभप्तरकालं विभकाविभक्तसंशयव्युवासेन व्यरक्षारसीकर्याय सम्पनुमा न पुनरेकस्थानीश्वरस्ये नातोविभक्तानुमतिव्यतिरेकेणापि व्यवहार सिग्यत्ययेति व्याश्येयम् ॥ ३०॥ uyatta, but that; 1974 vachanam, the text, pagsago; a free svibhakth, not seperated, far monta sibhaktab, soporated; 7 A, or : first. onpindah, kingmen, at sthåşare, in rospect of ininorablos, FAL: samaḥ, oqanl , #: okuli, ono , fe hi, for; at anisaḥ, porrorloss, having no right, An Anrratss, over the whole, qh dana, to make a gift og Adhernana, to mortgage , rent vikrayo, and to soll, gfa iti, na, thıx; my end, that; wft api, aiso, Fit Aribhaktega, among onsoparaledi 7 dray;usys, of the estate , 6784401; toadhya sthatråd, bocanne of tło cuaca arraturo of [111 okasyn, of one single poreon ; wanai: aple kinrattad, bacause of the powerlossness, miraghi sarpauksanaja, ibe the consent of all, 1997 Unrara, straly, frat karga, shonld or noast be talon , fots sablakteşu, sinong coperated ones; IF uttarskalec, in future tima, f577 villalla ether separate ; 17. Arillakia, or agroporate, or pulled, 114 satase, tho duelt, ITHT saddene, ·TÁJNAVALKY A SMRITI by obviating, To vyavahara, the transaction, सौकय saukaryaya, to fecilitato, aikist servabhyanajişå the consent of all #pa, pot 97 punah, again, 967 ekasve, in a Angle porgon, अनीश्वरत्वे unisvartre, on account of any wont of suffi ient power na ait with »ut. भत atah, consequently विभक्त Vibhakta, of ge; erate king jen , alt anumatı, consent, satu vyatıkårens, main; u, taking u,, By ai oven, *1451 vgaharah, tra saction, fula gildhyatı, boonines v sed Va. andeod, çfatı, so, thus, potah vyåklyayam, must be interpreted 30 The foilowing p ssage, "Separated hinsmen, as thoso vho are unseparated, are equal in respect of immovables, for one has not power over the wholo, to make a gf, sale, or mortgage', must be thus interpreted "among inseparaied kinamon, the con- Bent of all 18 ind spensably roquisite because no one is fully empoweered to make an alienatio, since the es ate is in counmon" but, among separated kindred, tho consent of all tonds to the facility of tho transaction, by obviating any future doubt, whothor they be separate or united, it is not required, on account of any want of sufionont power, in the single owner, and the transaction is consequently valid even without the consent of separated kingmen Balambhatta's gloss SO Ho reconciles the contradiction which arisos frona tho torta with Mann's tout with the above said object As to tho toxt of Manu kuosmun' (aapiada) implies 'propinquitg'' 'for', means becauso over tho wholo', qualifies the donations eto Although' is connected with must be thus interpreted', 'Also' means this the above said collection of texts of Vishna, he therefore, er; laing it in an inverted order By TAASon of being in the middle 'means by being common by 184900 of being not capable', to both ka' is ad lul n the 50098 of one s object 10 their Btoad thora are मध्यस्थत्वात and अनीश्वरवत् the different readings • A11 means that without the consent of the sharers (who are not separate) tlere can not be donation etc For the facility of the transaction means of the dog ato, 'not again on the contrary not he then sums up. 'consequently' so that 18 R sobject of the consent of those who are not competeat, this is the subject of the consent of those who are competent. So there can not be donation etc and without the consent of thoga posharera who are competent it means that they depend upon it (consent) On the other hand, though the gift 18 proper Witliout the consent of the separated ones who are competunt, yet for the facility of the transactions for the donen eto, they depend upon it (consent) t 18 ita sabjeot it doos not prohibit the gift etc in all cages (The text) 'aven a single' 19 40 950 ·46 M!TAKSARAI [ 31, tion to it su there is a contradiction Bas Molana (Vadan Parijata) says 16 prohibits the conation etc of the standing crope groma 10 the undivided bulds of even thus shy are divided in a portion of the property, without the consent" Mridhsard यदपि । स्वग्राम शातिमामत्तदागदानुमतेन च । हिरण्योदकदानेन पागच्छति मेदिनीति । तत्रापि प्रामानुमतिः प्रतिग्रहः प्रकाशः स्यात्स्थापरस्य वितरति सरणार महारप्रकाशनाय नेवापेक्ष्यते न पुनामानुमत्या विना व्यव- हागसिदि. । सामान्तानुमतिस्तुसोमाप्रतिपत्तिनिरासाय । शातिदायादानुमतेस्तु भयोजन मुक्तमेव । ३१ ॥ 4 sad, that (pas98e), ufà api, again, algo, EA1# Sra gran, of lits townsdien, Flat ] Råti, kinsmen, siganta, neighboars , THIE aayala, herrs, aga enamatena, by the consent, cha, and, fra hıranga, of gold 6 udaka, and water, fra dinana, by a gift, asfat sadbhxh, by six (forto alities), nosfir gachchhatı, passes, of medini, land, far atı, Bw, afgtatra, in that, at ep, also, aragafa granna, Anunatık, the consont of the townsmen, ofagt: pratigralab, acceptance, **T2T prakåsah, pablic, known to the people , ETRE syat, should bo, #0127e4 stavarasys, that of an immovable property; Rorstai vibesutab, especially, fiti, Buch,this, EATONT sinaranat, since it has been provided; 7981 vyavahara, of the transaction, TRIVE prakaſanärtliam, for the anke of the ablicity of .97 @ve, only, orega spoksy ste, 18 roqaired:, * na, not, ga pooah, and maT gretas Anunsty, the consent of the townsmen , frat ving, without, ant rjavaliars, of the transaction, #l4Fit asiddhih, tho invalidity सामन्तानुमति Sauanta anurnatth, the consent of the neighbu 78 , I to, but, ar sinna, slou, the boondars, offer rotuputt, d19,uto, d vult, farra utrâ 10, 4, treniyo, walili, of the kinach, qanday ada, of the kristnen, grå namntois, of tho consent of , J tu, but, ada prayojanam, tho purpure, the 230,35 uktom, 18 ruentioned, as, already 31 In the tosts, ul: cla ctfiresses, that "Lind passes by six formalities, us consent of townsmen, of huusmen, of noighbouri, and of hers and by gift of gold and of water, consent of torusmon is rcqu rod for the publrorty of the transiosion, sinon It Is provided, tliat "Accoptance of af, especially of land, should bis qublic' but the cuatroot is not inrulid rithout thor consent. The approbation of ncighbours sords to obrato any dispute cop. 1 ·YÂJNAVALKYA SMRITI 47 cerning the boundary, The use of the consent of kusmen and or bairs bas been explained. Balanbhalla's gloss 31 He now reconciles the contradiction with the text of Manu, In that toxt', onn' (usa) 18 an adjectivo o all for a clear beaning by reason of obtaining proximity On account of Learing it at the end of the dwanda compound, the consent shvold be repeated overy wlivre, the affis 'kla'is addod is the songe of existence' and should be connected with the following & witla the 81x Having ex, fained it and shown the *pplicability in order, the giros cho result fullux rug thu cunBont of towns. At first 'thero the consent of the tow Binen' he cites Mana, acceptance of gift , 'not again' means 'but nor' consent of kuwau', the singular is in the sense of a class has been explained' means with the objoct of tho facility of the transaction מטנת . Mataksara हिरण्योदकदानेनेति । स्थावरे विक्रयोनास्ति कुर्यादाधिमनुशयेति स्थावरस्य विकयप्रतिषेधात् । भूमि या प्रतिगृह्माति यश्चभूमि प्रयच्छति। उभौ तौ पुण्यकर्माणी नियती स्वगगामिनाविति दानमसादर्शनाच। विक्रयेऽपि कर्तव्ये सहिरण्यमुक इत्या दानरूपेण स्थापरविन य कुर्यादित्यर्थः ॥ ३२ ॥ feruu hirauga, of gold,575 udoka, sod of water, 77 dånena by the gift, xlà atı, this proviaion , furat stå vars, regards su au moyable property, fast, vikragah, sale, a na, not, of astı, there is, kui kurgad, may execute , plura adhim, & mortgage, ugyOT 1nojnaya, by the consent, fà atı, by this statement; faxalay vskrays pratiscdbåt, because of the prohibition to the salo, fir bhumim, land, 4: yah, be who, statoila prati grobnáti, accej te 4 sab, he who, cha, and yfaq blusam, land, tasfà prayschobhati giyos; tabhar, both, at tau, those , gorealdt pangakarmanau, performers of a holy deed, faqat Diyatan, are sare, are destined, tarugat syaiga gaminau, to go to heaven, the rogion of bliss, fa iti, thus, 17 dâne, or gift, pragansa, the praise, qiiit dargan&t, b1ace at 15 seen, achs, and, famed vikrøye, if a sale, vaid kartavye, must be made, afton sahiranjam, tvitk guld ; * udukus, water दाश datra, by ging दानरूपेण dana. rujena, 'o the form of a gift, et ar stia, ars, of a tint vableruj erty, fqa94 vikrayal, the sale, Fię kursat, skuald d), sla iti, thus, : arthal, thw meaDIE ·MITÄ KSJRÂ I. 1 33 32. (Hy gift of gold and of water ) Since the sale of im vorables is forliddin ("In regard to the immovable es atė, salc is not allowed.'' it may lo mortgazd by consont of partics interested, and since do latio 1 is praised Bot'ı he who accepts laud, a .d he who gives it, are performers of a holy deed, and shall go to a region of bliss") if a sale must be made, it s'ould be conducted, for the transfer of iormoralle property, in the form of gift, delivering with it gold and water (to ratify the donation). Balambhalta's gloss. 32. In order to explain the extraordinary ase of gold and water ho gays with an authority: 'gold'; i11 & case of a gift, their being essential (to validate the pilt, is it improper in the case of sale by reason of the necessity of the transfer also there, on aconant of tiroir absence? Therefore he saya, both these hare, like Mann, anthority, as beforo 1 by 'api' gift is meant, Milakyra. पैतृक पतामहे च धने जन्मनेय स्वत्वेऽपि पिशेष भूर्या पितामहोपात्तेत्या पप्पामः।३३॥ 85 paitrike, to the patornol s.Barat paitamshe, the ancestral cha, and, a dbane, estate, Phat janmand, by birth; OVĄ, only, surelyi * svatre, though the proprietary right is; ma api, though; fatte visesan, tho distinotioo; buli, land; gr ya, that, fantegrert pildcaha upatts, what is acquired by the grandfather; faití, thati atrs, hero; TIA: Takşsåmah, we shall explain: 33. In respect of the right by birth, to the estate paternal or ancestral, we shall mention , a distinction under a subsequent tert. Balambhalla'a gloss Having raid gonerally as regards immoseable froperty ho not days in particular with referonce to both. 'Paternal' by this, the death of the fatbor is the cause of the proprietary rightſ on the death of the father, lot the sone divide the cather's property." Narada chap XIII-2)] bot not birth ['after the father and mothor' (ilanı IX-104 )] On the death of the father let the aos divido the father's voalth; when the faultless father is alive, thoy have no ownership.” It is in conf, with Devala It shops dependence like 'wife and buu...... (M. VIII-41 Gharga e's edit Then Iers 19 no proof of proprietary hout, wife and othe19 11 om 'whatever they eat n' (blanu vilt 417) the proprietary rigut being proved, it 18 improper to su obat it raiacers ·YAJNAP ALKY A SMRITI 19 егод to their dopondence, becaa90 of tho confiot with the toxt of the Voda by reason of the failure of the Vodio rite to be performed With their OYD Tealth од their haviog no proprietary right in their own Brning This being 80, there can be a part tion against the will of the father There being so authority in favour of tho proprietary right by birth and the smrti baviog not ordained paraug from birth, therefore it 18 with a view to probibit partition while the fathor is alive, the text of Mada does not lay down independence of pro prietary right, but (shows) that there 18 no ownership while the parents ard alaro The above said (proposition) that the ownership ariges on death, degradation oto is related for the above reasons END OF PREFACE

·SECTION II. 1.
Aritakera.
इदानी यत्रकाले येन च यथा विभागः कर्तव्यस्तहर्शनाइ
विभागं चेत्पिता कुर्यादिच्छ्या विभजेत्सुतान् ।
ज्येष्ठम् वा श्रेष्ठभागेन सर्वे वा स्युः समाशिनः ॥११४॥
hal idanim, next, Dow; 5 patra, at what; kale, time; that
yona, hy whoin, o cba, and; au yathê how, faratt: vibbågah, partition;
Fram kartavyaḥ, may lie made ; tad, that, those pointe ; Find dar-
Argen, explaining are Ahs, the author says ; fatima vibhagam, parti.
tron ; e chet, af ; 1977 porta, the fatler ; paid karyat, may make ; *311
ghchhapA, at his pleasure ; fata vibhajot, may separate ; gait gutap,
song : du jvestham, the oldogt; V., either; Lie Tita brestha-bh Agena,
by the best share , sarve, all ; * y&, or, vi & nb, may be; wilaan.
BAB.ninah, egual Bharers.
1. . At sihat time, by wliom, and bow, partiton may be made,
will be next considered. Explaining those points, the author
$nys, “then tbo father makes a partition, let him separate his sons
(trum llimself) at his pleasure, and eitlier (dismiss) the eldest with
The best shure, or (if he clouse) All may be equal sborers."
Balambhatia's gluss,
Farmerly by 'at what time ste. (so pl 6 of sec 1) the subjects having
bee. Bet fortii tiers, by whom has been discussed at great longth ; non
Jus contents on the origaal text to describe the other shares. NOT'
wenus after buying Alled up the nited originnl text which is essential.
ly important in the original, 'these' means the third.
Alitakarit.
यदा विभाग पिता चिकीर्गति तदा इच्च्या पिभजेत् पुत्रानात्मनः सकाशाद
पुमं पुषी पुत्रार ॥ २॥

·YAJNAVALEYA SURITE 50 57 ya84, when, farte vibhågan partition for pits father. Fritefa chikirşatı, wishes to make, ag tad, then , est ichchhaya at pleasure, fate yıbhajot, should separate gart putrån, sous, Ta Atraspah, bumself, 9673177 sakását, from himself), 974 patram, a 800 gat patras, two sons, garg putrån, sone 2. When a father wishes to make a partition he mar at lave. pleasure separate his children from himseil, wlother one, two, ok moro sons. Balambhalia's gloss 2 He now proceeds avoiding the faalt of repetition wher" means , 'may 14ake', liero unperative 19 not wanted. It is in the secindary ponse of wiahes to make' Thon', 'with pleasure' means 'ut his pleasure", soparato' means 'may separate thon by alluiting them their shares in the spheritancoe says further in order to accom lnul his #bish, from himself" means that after soparation there is and ference in his part whether they continue t live print or JOJ rato sul Do noti er When ho says 'one', 1t 19 with a view to relore the loubt to the lost that there is no partition when there are many coaliarors Sou', it is with a viou to explain the ekabrga dwanda Bamaya, it is liko apudattår du of the low accents), dilaksara Or इच्छाया निराशत्वादनियममाप्ती नियमार्थमाह । ज्येष्ठं पा श्रेष्ठभागेनेशि। ज्ये श्रेष्ठभागेम मध्यम मध्यमागेन कनिष्ठ कनिष्ठ फनिष्ठभागेन भिजेदित्य नुवर्तते ॥३॥ forst: ichchhayaḥ, of the will, falSATA Diraih osalvat, a: 11 ) A. no restriction , afira anigama, no rale, wat praptauj being bad, noon, Frig, ni yawaetham by way of restriction wart aha, says (lle uathor). #54 Jy estbana, thor oldest , I vå SIGHT Sreştha blgents by the bost share , faits, the words inean, s jyeştham, the oldest , unitat Aretha bli&gopa, by the beat hare, Amadbyaman the middle ede, Rarita inadya bbagens, watt • middle sbarc, #azt kan atlar, tho &fag-irita kapıştha blázens, by the worst sharo, fritt vobitajet, ukoulu separate, fa iti, this , *rà aravartate is understood. 3 No rulo bong sagocated (for the will is unrestriided), the author adds, by way of rosir clion, 'ho may separate (for this ternt 13 8guin uudusstuou) the eldest with the best sbare," the middle.nos. * ·52 HIITAKSARA I 115 with a middle skare, and the youngest with the worst share Balambhotla's gloss 3 Unrestrained, means by ro8800 of being irregular', 'by way of restriction as a restriotiya rule He makes the observation to be 10 conformity with the text of Mspa , the middlemost', he says out of desirability, 'may separate', it is to saggeat respoct in the observation (apals tsabs)* Afstaksara श्रेष्ठादिविभागश मनुनोक्तः। (०६ श्लो०११२) ज्येष्ठस्य विशउद्धार सर्वद्रव्याच यवरम् । ततोऽध मध्यमस्य स्यात्तुरीयं तु पपीयसइति ॥४॥ rigt Śreptbedt, of the best eto , fanm yıbhagah, the distributions eacha, and ; Aga manund, by dzena, 3 aktah, 23 said, propanoded. de igeşthanga, for the oldest, fait pingék, tho trventieth part, addhArah, to be dedncoed, miqr, sarta dravydt, of all the wealth, (horıtago) a che, and, together with, 5 yad, whatever, 477 Varam, a tho best, har tatah, of that, #ardham, ball, bantu madhyamasya, of the middle ope , RR 85&t, should be, aktar tarlyam, a quarter, gta, bat , watugi gasiyasah, for the youngest , qfa atı, thus at 18 to be understood 4. This distribution of boat and and other portions is proponn. ded by Manu. "The portion dednoted for the oldest 18 tho twentieth part of tho heritage, with the best of tll ths obattels ; for the middlemost, half of that for the youngest, & quarter of it." Balambhatta's gloss A Best and others and' (che) in the sense of bat", its orpla. hation will be clear gradually in the book atself, Mrtaksra पाशम्दोषत्यमाणपक्षापेक्षः। स था स्युः समांशिन इति । स वा ज्येष्ठा दया समांशमाज. कर्तव्या ॥५॥ are & gabdah, the word either, or, 4644To vakşamns, whst will be spoken sabseqdentis, paksa, alte Dative, s apekşd, relativo - ti* * implicati o romellitug that u aut capresed ·YAJNAVALKYA SMRITI 53 to , Barve, all er vå or, asuh, should be grit semanginah, egaal sharers , for it, that 18, A Asive, all, at râ or , ज्येष्ठादय Jyes th&dayaḥ, the eldest and othurs , FAITHT bam&uśabhajah, pertakers of equal portions, a kurtavgåh, should be made 5. The term ' "either' is relative to the subsequent alternative "ur all may equal sharors" That 19, all, namely, the eldest and the rest, should be made partakers of equal por ious Bulambhatta's gloss 5 The word 'or' in for all of the succeeding part of the verse (4th quatrain), when read with the rule laid down to the first part being aselees, is the word 'either' (or) in 'other the eldest' not 799less as it is appropriate to denote the first option? Not so, by reason of Banctioning tho unequal divISION &t choice by the first clause because the onequal division 19 contradictory to the original texts us will be shown later on Therefore he says, 'this term uither' denotes that it is correlative with tho pnequal distribution uf Menu, lesa the additional share allotted to be gradually explained, so there 18 no improprety in the reality thereof He explains the fourth quartrain op all', in oqaal sharers' tho affixin' 19 Added in the sense of praise by bababril corapoand, at means 'nb deprivation of wealth' Partákers of égual portiode, ho anys, SA Naid previously , shonld be made by the father 18 anderstood Horo by when makes a partition' the time of partition 18 muant, by. 'fathor" 18 meant by whom partition (18 to be made) From the succeoding line of the verse, it should be understood how partition (18 to bo effected) Astaksara अयं च विषमीविभोगः सार्जितद्रव्यविषयः। पितृकमायाते तु समस्याम्यस्य पक्ष्यमाणत्याग्नेच्छया विपमोविभागोयुक्तः ॥ ६॥ *44 sysm, this cha, and, fata visabal, unequal, fa vibbagah, distribution Farfáa x faya: syârzita dravya vigayah, has for ats subject the property acquired by himself, POT #Hud patri krama. Agåte, as regarde wat bae descopded from the father, te, but, AR-T76 BAA sványanya, equal ownership, Aruar vakgamânatyát, for will be declared , 7 pa, not, ichohhay, at hta pleasare, fara V182 maḥ, an unequal, fahi yabhågah, distribution, ge: yuktah, proper. 6. This unequal distribution supposes property by himself acquired, But, if the wealth descended to him from his father, an ·64 MITAKSARA I 117. unequal partition at his pleasure is not proper; for equalownership will be doolured Balanhatta' gloss e 6 Ho not gives the special (featnre) this', the partition made by the father, but it descended to hun from his father', meansproporty', 'equal ownership' mea is that it is to be divided equally olher. iVise by the aburo-sard mode, there will be meanraglessness Altaksart - . विभागं चेत्पिता कुर्यादिति यदा पितुर्विभागेच्छा स तावदेक कालः । अपरो- ऽपि जीवत्यपि पितरि द्रव्यनि:स्पृहे निवृरारमणे मातरिय निर्धारजस्कायां पितुरनि- च्छायामपि पुछपविभागोभवति । यथोक्तनारदेन । श्रत ऊचं पितुः पुत्राविभजे- युर्धनं सममिति । पिनोरुभ्यं विभागं प्रतिपाद्यमातुर्निवृत्ते रजसि प्रत्तासु भगिनिषु च । निवृत्त चापि रमणे पितर्युपरतस्पृह इति दशितः। अत्रपुत्रा धनं सम विभजेयुरित्य- नुपज्यते । गौतमेनापि । अपितुः पुवा रिक्थरिमजेरग्नित्युक्त्वा निवृत्त चापि रजतीति द्वतीयः कालोदर्शितः 1 जीवति चेच्दतीति तृतीय कालो दशितः । तथा स. रजस्कायामपि मातर्यनिच्छत्यपि पितर्यधर्मवतिनि दीर्घरोगप्रस्ते च पुनाणा मिच्छया भवति विभागः । यथाह शलः ॥ अफामेपितरि रिपथविभागोवृद्ध विपरीतचेतसि रोगिणि चेति ॥७॥ दिमागम् vibhigatn, distributton, partitton, soparation , चेत् ohot, af famt pita, father, şafa karyat, would do, fa itu, acoording to this at yada it, when , रितु pitab, the father's, विभागेच्छा vibhagochchha, the desire lor partstion , स sah, that , ताबह ravad, then, एक ekah, one ; काल kalah, period , मपm aparah, another , अपि apt, too, जीवति jivatt, be living, ft api, open though, fosfè putarı, the father , quq-facza dratys disprike, mdifferent to woalth , निवृत्त रमणे nivrutta ranane, disinclined to pleasure, मातरि unaari, the matter . च .liu find , निन रसका गम nivritta rajastayan bongauk ag lacapable of bearing fore faz piph, of the father, अमिछायाम् anichchhayan, if there be no wish Cof the father), अdिayi, even , पुनेच्छया patra ichchhaya, by the wish of the sous, yatha, s, फम् aktsm, is said, भारदेन Narnda, by Narada , अताउर्व stah Ardlıvam, after this : ac pitoh, father's (wealth), 91. putrah, the sous, विमजेयु vibhajoyah may diride; धनम् dhanam, wealth, समम् saman, equally, fd it, with these words , at pitroh, both the parents, अचम् urdhraru, alter, विभागम् vibhagam, partitior प्रतिवाम prati padya, hering mentioned, promised, for nåtalt, of the mother fazê Diyritto, being stopped fos eyer, tafe rajasi, the inopatrual BUD मथा , .

·38 NITAKŞARÅ 1. - II. 7. aro extinguished." Here the words "Let sons equally divide the Wealth" are understood. Gautama likewise, having said, "After the demise of the father, let sons share his estate;" statos a secona period, "Or when the mother is past child-bearing, and a third, "While the father lives, if he desire separation." So, Tbilo the mother is capabie of bearing more issue, a partition is allowable at the choice of the sons, though the father be unwlling, if he ba addicted to vice or afflioted with a lasting discase. Thus Sankha declares: "Partition of inheritance takes place with out iho father's wish, if he be old, disturbed in intellector diseased." Balambhalta's gloss. 7. By desire', (means) 'of the father'; althongh this eqaal division relates to the self-acyaired property, yet being maintained subnequently and the additional share being Dot specially described it must be noderstood as not maintained. Theroforo let him sparata" being appropriate is tirst, the second is isoladed in it and the other two are common. There are four poriods of partition; the first in eupportod by the original text; he says with authority 'It partition'; 'when' meana during his life time' The second is not mentioned, so he kinself anpplios it ; 'another also', the period is anderstood. He explaids it while... alive;'disinclined,' 'not desirous of sexual pleasures , of the father' in the partition is onderstood. Against the father's wish when there is a desire on tho don's part, tec&ose in the oirgiasl, there is no authorits, 20 citer it: 'aa by Nárads' is connected with, 'shown." After....! Fof the parents', is understood, thence'; here it is connected with the fealth of the father; bence nubsequently" means after the deait of both the parents "Let brothers cou yoning after the death of the father and mother divide the patordal estate, because they are not independent doring their life timo., (sou "IX 104) It is according to Alanu; 50 he waye, "of both parents'; 'prattasu' means on being parmod ; thore 18 iso of my lifbeint minsgrindi umano' wmningur mant, i. e. when that desire has come to an end. Spriha (desire) relates to Wealth; here he gives the result of what is said. Here' means when the mother 18 past childbearing, by this, desitability Cot suitable words) is removod. He explains the original Nårsds and bits own with referonce to the gard text of Nárade Tepesting the Ibt. 2nd. and 3rd. periode in order with "the quotations from other 8&ges *Gagtans likewise', 'third' is connected with shorn' with repetition. "After the demise of the parents is anderstood; of the father into the preceding for also in the alternative C858 , altailarly, it shvold bo ander atood in Nerada's torti e. 'or desires! Third' the period has been alora by Gautens. In the course of the pregent disca$3100, it slould be considered arst, in this way be has stated both the viowa (periods.) 81 jnverted ·YAJNAVALKYA SMRITI Io then gives the third per od 'so', bat the different readıog 'mir' (svitloat) has been explained with this ends the gnotation from Guataon Invang lumself given two periods, he gives the third period, 'while tha failer liver it be desires, and a tlord' he means, that the thurd perrud 11 ono whua the father wishes daring his life time and is also addicted to sensual pleasures He explains it while the wthor 19 cepable of bear. ing ore 1890e' in reality its Afst in reading. It is alıeady explained and it should be vaderstood that it requ res a cursosy explanation *Though the father be unwilling to the partition et lasting incur able and' (cha), indicates old age When there is a desire of the sot 19 underptogd, he therefore puplast by reason of its not being mentioned in the original text :hug sunkha declares', 'without the wish nut wishing the separation disturbed in intellect'means berug addicted to parighteousness, 'n 'rogin' the afir'in is added in the senso of excesy, 'or 18 to indicate option Similarly it should be understood in the proceeding (part) Blan, by this, there are two periods only (1) at the option of the father and (2) when he dies there is no third period the period when the mother 18 paat chuld bearing applies to the ancestral property fue clashes with the preceding by reason of the contradiction with Sankla, because them 1a ng anthority in support of that alone and thero 18 possibility of truth in its real datore acti cooklet with the previous So the third period ahoald be socepted as regard, the ancesfracal property By this the abovo laid contrary expladation refuted dilaksra पितुरिच्छया विभागोविधा दर्शित समाविषमश्च तत्र समयिभागे पिरोपमा । यदि कुर्यात्समानंशान् पल्यः कार्याः समांशिकाः । न दत्तं स्त्रीधनं यासां भर्ना वा श्वसुरेण वा । ११५ ॥ farge pitub, by the father's , ut achchhaye, by the desire or, will, fani vibhágat, pati tion a dodla, of two ports, grar dari tak, hoe been ofstod , Fit 1912 equal, fara samat, anegoal, cha, and, tates, there, at sana vibbage, in the case of equal partitrou, film videam & special rule 472 iba, add9 says it gadi, 18. f4 karja: bo make 175 n bên eqos! *Tax &n, parts.allot monts, 9* pato yal, wives Eigi ka , b, aboald be trisde, rendared Rattati sam&indikah, partakers of like portions na, no!, FR dottam, given, Wag stridbanam, the ve arate property of the wild, ug yako, whom , wal bbertrî, by the basbaod, at Fô, oitber, wo árabarena, hy the fatlıer in a va er 8. Two sorts of partition at the pleasure of the fatir ları 8 ·58 JITAKŞR A I. II . been stated, namols, equal and unequal, The author adds a spooial rulo in the case of equal partition. SIF ho make the allotments equal, his wires, to whom no soparato fitoperty has been given by the husband or the father. in-law, .must be rendered partukers of like portions.", Balambhatta's glo88. 8. "Partition,' tho brat ono. 'stated' by the orignal writor; he describes it in a raverso order suggesting that the equal partition is the ostalilishud eruth, wud is sanctioned in the original; egaal'; "thors' (talra), botyoen Llie iuo. Hitákard, यद्रा स्पेच्छया पिता सर्वानेव सुतान् समविभागिनः करोति तदा पम्याथ पुरसमांशभाजाकतव्या । यासां पीना शर्मा श्वशुरेण या सीधनं न दत्तम् । इत्तेत स्त्रीधने अाशं पदयति वत्से त्वधं प्रकरपयेदिति ।। 431 ynde when ; Parant srochchhaya, by his own choico; Porar pith, father, it muren, all; go ove, indeed; gart, saten, sons; *-fasi hati Batx vibliinaḥ, partakers of aqual shares; eifet baroti, makes, at chun, ay: patnyah, wives; cha, and FARTOTTAT: putra-Bainams th1 Ajah, participants of alleres equiel to those of sons; #car: kæral A, slınald be modo; in yâsfia, to which; walant, .petninam, vrlo zaf bharti & hy tie kas band , po svaluropa, by the father in law; AT A or ; -/ stridhanam, separate property for a woman ; * * *, Dub, dattan, given; datte, it it be giron ; mi-a stridbane, special property for s women; ing ardhs-omgom, balfa share, agafà rekşyati, dictates, directs . dette, if anything bo giron; to, but, ata ardhau, halt, * prakalpagot, let him assiga. D. When the fa her, by his own choior, makes all his sons partakers of oqual portions, h's wives, 'o wlium, peculiar property had not been giran lip thoir fushand, or by tho'r father-inlar, must be made partakers of shares equal to thosn of sons, But, if soparato prop rty hare bcon given to a roman, the anthor sub. sequently directs half a share to bo allotted to ber : For if any bad been s.ren, let bim assign the hall."

·80 MITA KŞRA 1. II. 10; ribhejati, distributes; tada, then ; 9291 patnyah, wives ; sur FIFT grregy.h&&n, ho saperior and similar shares; Da, not; Jabol... 8. do take, do got; fat kinto, bat: TARTU nådhritandabarát, frora thich the son's dedactions have been substracted ; Finna sama. dd,ât, from the aggregate ; UT Banán, equal : ora, indeod; Hort amfâu, parte, sva-Eddharam, their dogsbaros (deducted): cha, and, besides ; 441 yatha, 88 ; ST Äls, says ; q: apastatabah, Apastamba; PATIEF Darîbbândam, the faraitard; the ,'aad te gribe, in the house ; etc: alankaraḥ, crabmonts; wracat: bhårgågah, belong to the wife, become the wifo's property. 10. But if, he give the superior allotment to the eldest son, and distribute similar unequal shares to the rost, his wives do not take such portions, but receive equal shares of the aggregate from which the son's deduotions havo hoan substracted, besides their own appropriato doduotions specified by Apastāmla:"The furnituro in the house and her ornaments aro the wife's (propörty.)" Balambhatta's gloss. 10. With this object in vies, he says it saporior',, from the bllottod additional share; it is bahubrihi compound and means of the sonu." It must bo oqual boing not sanctioned by the text, so 'na cajó rightly to equal':' owo', wife. There is, therefore, an arthbrity in the lattor case; No he esya, "domestic farniture, chair, inlonbils'mado of clay and atono plc, ornamonts, worn clothes go to ibo oháro of the wife, this is the mosning According to Haridatta tho chariot of the father and the furnittro, in the house both go to the lather, dasmonts go to the trifa ana thô gift made by the casto people alad go to the rifo according to some Here by 'if ko wako', the partitio, at the option of fathor bat optat tho option of the wife is laia covo; that is also ap to tyo divilon of the bona' bharos (hat) not of their orta accord, there is a partition between the biasband and wife' etc. having been asid doka by Apolomba and others as waid presionaly, it is impossible by roabon of hór being said to be onb (with her husband) So asys the Srati "the wife is the othor hall of the solf." it also menas according in lang 'they are not free while they are blive, (Menu 18.104) because she becomes sabordlosta by résson of the woo; Lat Scheu there aro more rires thao 008, un accoant of tho plural number auch wife shopld be allotted an equal share with the son along with his own. It # ·YÁJNAL'ALKYA SERITI 02 IA does not mean that they should be separated by going them shares thay are, therefore, said to be equal partagers here but not to be aof Arited like nn by giving them equal shares The role lard down by Åpastamba does not apply when there is no partition of the property bat wliat is and has been folly exlained previously by the commeptator connection with the subject of 'suroty' In Madanariina there is also the same thing, in tlus may just as in the first alte dative when the partition 18 etfected while the father 13 alive, so also in the other tiro alternatives when it 18 gireo, it should be understvod that legally there must be maintenance at the option of the son just like the father. CXVI Micakra ज्येष्ठं पा श्रेष्ठभागेन सधैं या स्युः समांशिनाति पक्षायेऽप्यपयादमाद शक्तस्यानीहमानस्यकिञ्चिद्दत्वा पृथक क्रिया । Fixtures that, the oldest , 1 va erther, Hera frestha bhagona, by * saperior andro, gi sarvo, alt, er , or, ayah, should be , netfoner Bollnah, partakere of og andhares; that iti, ia thoso, trakpan dvase, two alternatives , alq api, alco , WTAR AS Bradom, an exception, NYT Aha, says, propoands, 7549 daktasyn, of one who is able to support himsoll, win7 anihannaaja, pot desirous of participatiou, falua kmicchia, some thing, 2 Trrfil, daltvá, by giving, 140-et prithakkryd, making soparsto 11. To the alternativa bofore stated ($1) tho author piropounds an oxooption, The separation of ono trho is able to support himself and is not desirous or participation may be offected by giving lum bomo rule Attakara पृषा खयमेव जिनसमस्य पितृदयमनीहमामस्यनिच्छतोयश्किश्चिदसारम क्रिया विभाग कार्य: पित्रा सस्पुत्रादीनां वायजिवृता भामूदिति । १२॥ RR srajamers, bimseit, in drugdras samar. thanga, to dao mbo is ablo to earn reall, 179-1994 pttu draygio, las here ·62 MITÄ KSR I. II, 13 wealth, goods; sa start sníhamadasya, zof desirous of; af spichchhataḥ, not desiroos of shariág; at sat-kin-hit, ary thiny, thats erar; M ssirsn, Dot Palauble; Kg 15 aprithal, pot separated ; le krasi, makiay, FAITI Yibi & zab; partition, separation.970: Làogsb, akould be mado; fon pitra, by the father;Fg in tał potra-êjinin, on the part of his svas and others; tfal si dâys jizhřiksa, fataee claima on heritage; TITE of bhud, should not be, fa iti, so CXVI. To one who is himself able to earn realtli, and who is not desirous of sharing his father's wealth, anything whatsoever, 1hough not valuablo, may be giver, and the separation or dirision may be thus effected by the father, so that tle children or other hcirs of that son may bare no subsequent desire lo claim a partition. Balaabkalla's gloss. 11 and 12. Here is an explanation of 'able' (Y): 'hitsell' (J) is understood: 'father', it is also prplained: 'Dut desirous,' he says that it is inherent in the word. thaogh not-ralnable,'br. 'api' there is conjago. tion of similar things of the same class (ejusdem generis), he assigas rosson: "the children of that,' iti nesns for this ressos. Miakurd. ज्येष्ठं या श्रेष्ठभागेनेति न्यूनाधिकविभागोदर्शित. तत्रशानोकोद्धारादिविषम- विभागम्यतिरेकेणान्ययाविषमविभागनिषेधार्थमाह न्यूनाधिकविभक्तानां धर्म्यः पितृकृतः स्मृतः ।। ११६॥ stirretham, the oldest; of sá, eithor : #BATDA Breştha-bbagena, by the best sharo; eft iti, by this ; az ftofa: nsans-adhika-ribliagah, the distribution of greater op less shares, fit. darkıtah; is shown, # tatra, in grob caso; ma sastra-ukts, as are 1,7 ed by the lat;: madalaid li, by noone of dedactions ; fire-fra relata mivibhi za.rgatirakeņa, than that much readers the distribution oneven i . 1 ·ÅSVAVALKYA SURITI 63 13 The distributor of greater and less shares has been shown. () To torbid, in such case, an unoqual partition made in any other mode than that which rendeis tht distribution uneven by means of doductions, suoh as are d rected by the law, the nutiur adds, "A logal datribution, made by the failior among sons separated with grouter or loss slures, 18 pounouacud val d' Balambhatta's gloss He explains the relevancy of the su lisequent(i avage, either oldest Y) there' (l) in such a case, there is a coin pound with the third orbhakt ndaduction etc (uddhäradı) 'otherwin' If it suks, , en , then etc D roc. ed by the lancludes that which follo vs ho says because the probibi. taon is not clear, it me803 in support of it Ollierwise when the father makes a partitmu, let lum separate his sons at kis pleasura' supports the third alternative (period) and clonrls ders the Manu's text ad to an qual partition without deduction woloss Similarly Yislupa saya 'If tho father separates his sons, it 19 at his option 10 his self acquisition" Brikospati says 'Ono should wake a donati and partition of his wealth at his option Nárada says "Let the fatbsr bile lalo and boalthy, Toparato his sogn spith th, best share to the eldest or at his cwn wish III 4) The text from Nálada supports the commontator's explanation of the original text Fro u'this indicates a partition at the option of each but not a partitiou with an additional share' supporting the vies' let the father separate the song at his option', the argu uent of the on 180 (Al Huda) 18 refoted by reason of its condict with Vislina and Narada etu and the explanation of Vijnaneswara belog doubtful For this reason though the Lost of Manu 'ho divided tliv projerty suvogst the sons' 18 of general Application uud 18 said to be in support of the oqual partition and against the equal partition, yet it is set aside by the role the experts it the science ofligiu consider that natydnuvuda* 18 no vidho and abowa tha weakness baged on the absece of the entras, its refutation 16 thure clear and has been shown previonsly. By this it 19 also refuted that the inequal Partition at the option of the father in h18 self-acquisition 28 in accordance with the lair and also virtuous The father in the course of the partitige during his life shall not give preierence to one, nor shall be depripe another of his share capricvasly without any cause Antakara न्यूनाधिकविभागेन विभकानां पुत्राणामसी न्यूनाधिकपिभागोयदि धयः शानोक्तो भवति तदासी पितृात कृतएव न नियतते इति मन्वादिभिः स्मृत । अन्यथा तु पित:तोऽपि निराते इत्यभिप्राय । यथाह नारदः ।याधित पुपित्त # As for the explanation, see the Munnså Introduction Vol XXVIII. PP XXIV and XXVII ·BUITÀ KSRA T 11 14 . विषयासकमानस । अन्ययाशास्त्रकारीच न विभागे पिता प्रभुरिति । १३ ॥ gausforaita ngånàlbıka yıbhagona, by an anequal parlitinn f**vibh thtå Am, soparated 9zura patrånâu, among ons, -31 362, thu gifta fram nyanidhika vibhagsh, partition of more or lost, eft vadı, when dhariyah legal urat sastra nktah, as ordained by the law, Htfit bhupall, 19 1 Ladd then, uit agau, that, forgar patſi krituh, inade by the father $7 kritah, made, s7 eva, finally, cornpletely, nire ado na nofaza'à nivartate, cat be set aside fà iti, 90, - mansådibuih, by Nanu and the rest, baritalı utdanned, daclurod un gathe, otherwise, else I tu, but , forma patrikrotal, made by the father, afo ap, slao , Roedd niyartate, can be set aside for atı, each is, I Abhupriyah tho meaning, ut satba ar WC Alia, Bays, Ta naradah, Narada, zfa. vgådlistah, uflicted by disease, for kupatah, influenced by wrath , fa771776-7717 vidyâsakta månasah, whose mind 18 engrossed by beloved object, 447-4eardt angatha a distra kart, one who acts otherwise than the 1st peruits cha and DA, not, ferari vibl age, in the distribution of the estate), tha father, 91 prabhuh, has power, Flaiti, t'ius 14. When the distribution of moro or loss among bons separatod by an unequal partition is legal or such as ord uned by the law. then that division, made by the father, is completely made, and cannot be alterwards set aside as is dedlared by Manu and the rest Lisb it fails, though made by the father, Such is the menning: and 10 liku ninner, Narada deolaros, "A father, who is affliated with disease, or influenoed by wrath, or whose mind is engrossed by a beloved objeot, or who aots otherwise than tho law permits, bas no power in the distribution of the estatt.' Balambhaita's gloss faat pito, 14 The text of Katsayang applies to the case of an pocont con od 18, therefore not contradictory and does not support yons viow (saya an objector) H. (tho anthor) says 19 reply that the words more or less' show by the blares-whether equal, less or more-allotted to them by the father" Brihaspats "Whatover share has been alloted by the father op partition (t) the son3). 13 in accordance with law, because he 18 of all ” a cada XU 15 611 pport it the meaning or in accordance with dhormo (lavy is 'as laid down by the Scripture Berug ut, con. Dected here spd by filling up many ellipsis i$ 15 osplained If the prohibito a stor ·YAJNAVALKYL SURITI to in 19 not explained, there is shifting nf ground be, therefore gives & distin tion. Else' (an yatha) manst 11 Laual', there is a fulier rending ayathu serta (not 1 Accordance with the Śistra) The ina anus is the Halae as 'adythe', another reading END OF SLCTION II SECTION IL Mitahoru दानी विभागस्य कालान्तरं कर्नन्तरं प्रकारनियममाह विभजेरन्सुताः पित्रोरूवं रिक्यमृणं समम् । Fritidhnim, next, now, funnet vibhagagya, of the partition TCT REHL kAiBataram another period, SÍRSH kartrantaram, other persons aa Takiug 16, stefang prakara niyanna a, å rule respecting the modo, un dha, propounds, fakt vibhajoran, should distribute, a sutah, song, faat patroh, the parents (two), Tûrdhvain, aftor ftit raketham, the eff-ots, riņa, the debts, wamem equally 1. The author next propounds another peinl of partition, other persons as making it, and a rule respec ingino mode. *Lot sons divide equally both the eleets and tho dents ulter (the of dem se o!) their two parenis. Balambhatta's glass In this way, he has given three penods of partition during ths father'n life tune, the collection of costs was with the objeut that the father was alive Now after his anth tha e ancher fourth period as regards this, he expres993 hrs upin! 'Slep ass' he gives the origial in sapport Now'(1) moang after havinz udz this in this way, the Bage has dıyıded it into tipo oole, one duung his life time bod tle other after his death There are three olbrottvo 99 to the partition during the father's ute time (1) at the o, ton of the father (9) without ha wish the lattal should also be unde vid tro fuld according to the above said rule By (the pa993ge) "Or ali may be equal shareri" (114) it 18 ales showa, both alterpatives should be understood to be included in 1 ·MITÁ K 1921 11 an equal partition He gives the special feature of the third (distinguish. eng it from the former Propounds A role Mistakera पित्रोर्मातापित्रोकर्ष प्रयाणादिति कालोदर्शित । सुताइति कर्तारोदर्शिता सममिति प्रकार नियमः सममेवेति रिक्थमृण च पिभजेरन् । २॥ fasto jitroh, of the two perrenta Hallorant m & petroh, of the mother and the father, Joerg Ardhrain, aftor, ator prayAnad, tlo domise, faiti, 80, kateh, period, sfila dargıtah, 18 shura gar sutah, the sons faiti, by these, Riit kartirah, the persons 11 ani aking fra: daráitih, are shown, FA kainam, oquably , fà itr, by this a fre-faga prakira niyacash, a ralo as is the mudo RAE samam, equally, in equal shares 99 eva, indes i only , çfaith, tbus, fins riktham, elfects, Fue runto, debts., font vibbajørun, they should divide 2 Aftor thour two parents ] After the domise of the father and mother hero the period of the distribution is shown. The sons] The persons, who maho the distribution, are thus indicated Iqnably] A rule zespoosing the modo is by tlus doulared in equal sliares only, should they divido the effects and debts. Balambhalta's gloss la order to set aside the breakingup of the compoand (FTTT foart a) he says 'mother', he explaias the appropriateness of 'after', 'after the departure (dgnise) means aftor the death Sone' (get) should also be understood ohsepa comapoand (974 gate) like tko pracoding the patur nal ancies being prior should be considerad hrat on titled in partition, the daughters being specially dealt with should not be considered Grat outitted here How can it be a restrictive rate by this bare statement without reya' (only)? He, therefore, gives as its substance in the shape of a restrictivo rale E4a1b15, inestis 'aucording to the ralo of tho (Heart), in order to remove tho doabt as to equality and to achioyo the object to be stated, le includes debts # Tho Msx 1: (Rtua tato) It applies then a & sentonce thore 18 ao word donating deftuits aess, the definat mess will be fired hoto the sense requires it, but where there are wurde auch an ets to decots de fauteness, the musim does not apply Se, Vacbapatya ·TIINAYALETA SURITI* 67* A tak gara मनूयं पितुश्च मातुश्चत्युपक्रम्य (मनु० अ० ६ श्लो० १०५) ज्येष्ठपय तु पलीयारिपश्यं धनमशेषतः शेषास्तमुपजीयेयुर्यथैव पितरं तथेत्युक्त्वोक्तम् (मनु० अ०६ लो० ११२ ) ज्येष्ठस्य विशउद्धार सपद्रव्याम यद्वरम् । ततोऽर्थ मध्यमस्र स्थातुरीयं तुयघीय सइति । सर्वसादनसमुदायानि शतिमाभागः सर्षद्रव्येभ्यश्च यच्छ्ष्ठं तज्ज्येष्ठाय दातव्यम् । तद चत्वारिंशत्तमोभागोमध्यममं च द्रव्य मध्यमाय दातव्यम् । तुरीय- मशीतितमाभागोहीनं द्रव्यं च कनिष्ठाय दातव्यमिति मातापित्रोरुय विभजतामुद्धार-- विभागोमनुना दर्शितः । तथा । (मनु० अ०६ लो० ११६३११७) उद्धारोनुवृते त्ये पा. मियं स्यादेशकल्पना । एकाधिर्फ हरेज्ज्येष्ठः पुत्रोऽभ्यधं ततोऽनुजा । अंशमश पीयांस इति धन्यवस्थित इति । ज्येष्ठस्य द्वौभागौ तदनन्तरजातस्य साधं एकामागः ततोऽनु. मानामेकैकाविभागइत्युद्धाव्यतिरेकेणापि विषमोविभागोदर्शितः । पित्रोकप विभजतां जीवद्रिभागेषस्वयमेव पिपमापिभागोदर्शितोज्येष्ठं पा श्रेष्ठमागेनेति । अतः सर्वस्मिन्नपि काले विपमोविभागोऽस्तीति कथ सममेव विभजेरपिति नियम्यते । ३॥ . उपेष्ठस्य Iyer मनु nann, bnt , अर्वम् ardhram, atter , fo, pitnh, the father rcha, and, मातु mainb, the mother , u cha, and, इति Ith, so , कम्य upakramys, having promised , ज्येष्ठ yesthah, the eldest , एक ०५, only, in duod , gta, bat, zalant grihniyat, may take, faran pitryou, the pater nal, of the father, धनम् dhanarm, wealth , अशेषत: asesatsh, entire, शेष.. sepsh, the rest , वम् tan, hua, उपजीवेयु Rpajiveyak, livo undor , यथा yatha, ar, पुष AVN, Just, Bxnctly , पितरम् piturauu, under their father, तथा tatha,so, इति th, thus, क्या uktra, having declared thasya, for the eldsst ,विश: vinish, the trentioth part, बद्धार uddhanaby the portion doduoted., सर्व-मयाद Barraidraryat, of all the shattels, acha and , यव yad, whate-er वरम. varam, is the best , a tatah, ot that , अर्थम् ardham, halt , मध्यमस्य madhyamaays, for the middle one, ERIT syat, stwuld be tog turigam, the fourth part, I to, but, satani yavigasuḥ, of the younger, fà iti, thus, RieART sarvasmát, from ol alh, धनसमुदाया1 dlians samudayat, the aggegate wealth , दिशाम: Vimsitamab, the twentieth , माग: bhagah, part , सर्व द्रव्येभ्य- sarvadravyelhyan, of air thechattels, ohn, and , यर yat, whatever , Uठम् Urestham, the best , तर tat, that.उपेष्ठाय Jyesthaya,totho oldest , दातारम् datavyan, should be given , तदर्षम् tadardhan, half of that , पवारिशसम. chatvarimsatta mat, the forlieth , AIT: blagab, part , Radhyamam, the middle इमम् dravyam, chattels, मध्यमा uadliyanAya, to the middla ong , दायsdataryaru, shrald be givea तुरीषम tnriyan, the one-fourth part, अशीमि-बम agititaman, ths orgastoth, माग bhagat Patीनन hiasm, . cha, and ·OS MIT KS IR I III. a - ordiuars, of alsar kuni, un drasysm, chattels, #fott tanişthaya,* to the youngest 317647 ddtargam, should be given, faits, 80, #191- ft m&ta pitroh, mothor and father, Faxardkvam, after , fanart vibhajatiin, of those that divide , uddliars, of shares, fait vibhagaḥ, 218- tribution, Agar innani, by dona, qforat daršital, is shown , aut tatha similarly, I addbare, in case the share , eiga annddbrite, is not dodacted, I tu, but eş m, for theso, 89 yam, this, स्थान syad, should be, sta smía kalpana, the plan of shares, the distriba tion of shares, the nanner of distribution, pafa ekadhikam, greater by one share, double share , fia darot, should take, shg iyeathah, the eldest , 97 patral, the 80n , HET adboardham, a bhate greater by hall as titah after that, than that, 34 anojah, next born, yogager, MI 74 OWN nnjam, a part each , walata yaviyamsah, the youngor onos, fait, thus, ar dharmoh, the law, sqafqa vysvasthitah, settled. fants, 80.39867 jyeştha95a, for the eldest, at dran, two, wit bbágra, parts, 24 a {FT(167 tadauantarajatnya, for the obe born noxt, Aria wardham, with a half, ST TOT oko bhågah, one part, aar tatah, than that, ngara Hanujúnim, for those that are younger, PHT oko. eko vibhagah a part each , çfa atı, thos उद्धार-पतिरेकेण nddhara vyatiro. kann, withou" dedactions, ufq ap', even , faar vier mah, an unequal, fararn vibha zh, share , ft darautah, 13 shown, fant state potroh. ürdhyam, after the parents femtam vibbajatam for those as dividing, staturi vad vi blage, when a division is made during life time, cha, and. 6799 sruyam, by himself crore form visamah, an unequal, fair vible; the Ceibal 777 dargich, 186shown , 587 jrestham, the eldest, avi, or, FIT & ostha b hâgens, by the best (groatost) akaro, glà iti, so, tha: , *7. atoh by this, henco, 177 sarpasmin, at all, afa apı, avon , g bale, at for10]s fraai 319320 ah, asequal , fatin yıbhagak distribution, afti asti, there is, a it 60, kathara, how, AAA sanan in ogual parts 17 872, outy, fa vibhajeran, blould distribute , sfat iti, so , fxzut niyamyate, a restriction is introduced, a rolo 18 made, 3 But Maon, 1179ng promised "partition after the death of the father, and the MOLDUP' and liaving declared, "The eldest brother may take the patrimon; entire, and the rest may live under him as uuded tlioir father, has exhibited a distribution with deductions, amung brethren separatiog after the death of their father, and mother Tuiu portion dcducted for the eldest is the twentieth part ·YAJNAVALKY A SUITE 09 of the heritage with the best of all the ch yttels, lortlic m dillemost, halt of that; for the youngest, a na er of it,' The thentic.lt part of the whole amount of tie proporty (to be dided and the best of all the chattels, must be given (hs ar ot deduc1101) 10 the eldest , half of that, or a furtiet li prart, and a suddling chattel, should be allotted to the m dlomost, and a quar er of it, or the eightieil part, with the worst chattel, to the youngest. He has also directed an unequil pirtition, but without duinchons, among bre: liren separating after their parent's dece ise , allotting two shares to the eldest, ono and a halt to the next born, and ono aprece to the younger brothers, 'It a decluct on le thus m'de, let equal sliares of tlie residue be allotted built there be no de. duotion, the shares must be dis i buted in thus nauer, let the eldest have double share, and the next burn a share and a ball, and the younger sons each a share. thus is the law settled The author himself has sanctioned an unequal distribution when a division is made during the fathor's lule-time ("Let him other dismiss the eldest with the best share &c'). Hunce an unequal partition is admissible in every period How then is a restriction introduced, requiring that sons should divide only i qual shares ? Balambhatta' gloss 3 The first period of the partition during the life time of the father, has been said to be nnequal in the original, the amo has been said to be appliable t, the partition after the death of the parents by Muu and others When there is optiup by reason of tho validity of both and when the equal and wuequal partitions are both in accord ance with law at 18 proper to osplain fequal to mean 'as equal also bat not 'equal only He accordingly doubts the propriety of the explana. tion while laying down a restrictive role From "after .... to 'restriction Introduced ..' 'After has been already explained and 19 written (used) with the object to mean “after their demise', so also in the succeeding part, Patrimocy (pitryan) means scome down from the father', aseșah (entire) has tas: affis which 1. ad.led in all furtus of declenstops, the rest' e other than the edest biother Liye under him, follow him like their father, it depends on the sesloraty by birth So says Maga · the eldest brother like the father may voluntarily support all, or the younger brother, of cap- ·70 V11AKS RÅ 1 111 4 whle, for the woninatay ol the family depends on one's capacity" "Yith the consent of all let the younger brothor if capable with the risk of all support thors" Nåruda XII 5 It 18 a subject of consensos of opinion 'Thos 10 Vaga the seniority is lagant by implication, this be explains, 'wf all the chinttles' means of those to be divided' deduction is understood , 47 18 added in accusative, it means that sluch is deducted and us yogaruh: (Veoliaal) it is connected with the succeeding under the role of Th* lle saga frith the inheront lower of it. all,' althoaylı it is connected with may be brought in froid elsewhere, yat ho gives the roault to the oldest' ineund by those who take partition or strangers or mornally By 'sti' ho means that having said 60, a thone tozts ut Mayu se indicated by itt'. It 18 shown, therefore, to those who ta a ke partition, suallarly in the following its meaning is that all should equally deride the rest of the property Ho givou the inequal partition mentioned ov Mana iu & diferent way." ratlarly (eatha ).... of thoso who divide" 18 Connected with 'sularly it is aanurunod', 'ur those anonns of the eldest', 'hıs' (uyam) ta bo state 1. its esplanation, of the eldest', it is also of the sentority by roagra of the subjout and the management. he goos'on to say farther applying it to the subsequent : by the parents', is there no onequal partition, as it is not mentioned in the original? Ele replies to the objection with an illustration llat al does not apply, urofotod bs while alive' U), 'himsell be the tuit writer. It conveys the moaning to the effect that it is diffi alt t) may that the original text-yritar did not wish it saysboro olso Tho a banco thereof can not be easily accoantod for by reason of the goneral detare of tho omnis texts and the weat of proof thoro, ho thereforo kaya'konca.' 341/Alird प्रयोच्यते । सस्यम् । यिषमाधिमागः शालाएस्तप पि लोपिदिएत्या- नुष्ठेया। अपर लोकपिलिए घHमशवरेन यिति निषेधान् । यथा ।मदारयामदास पा थोत्रियायोपाल्पयेदिति विधानेऽपिलोकपिद्विएन्वादननुष्ठानम् । यथायामेरापरपी गां पशामनुयायामालमेतइति गवालम्भनयिधानेऽपि साकचिदिएन्यादननुष्ठानम् । ४ * awafuate i sko to 9x1789 179 which called the maxim of the central lamy. "Tbo idea of a lamp in cantral position shedding ita lgbt on both sides Atin so this is RTT Wuch is explaiqod in theo Pan it for De: 1887 as raforring to the control roby of no riak which 04:18 . lasico uuslo pearl up caob ade of " Jacub's landlal of popular IL ·YASVAVALKIA SITI 71 atra, in this onestion og utlyste, it is said, 7 satynın, true , *9#panthus , fa7A: vşmh ane jual fra vibhagah d stri bution , MITTE &Auira de ştah, found in the died ordinances तपानि tatt-A, 1, still drafafae-art luka vıdı seu nå be ause it is abhorred by the world , a na nut 387 anuşther oh sh uld be prac ted, wenn Rivargvern, But gouarsky co estral blues sexfifase loka palv ptum, bhur rod by the sold, I dharuyam lg af 4 !, even thoah uri Achares, slivuld practice 11%, evt g ta bas, fasti, thus far n se det nying to the prohibitioa beoansy of the prohibition our vatha ai, ETT mahokgam a great untuk ar så other #freth malájain a great gunt : 1 ve or , si fing utrusaya, trn venerablo priest अपरायेद upa kaly aged, should olier : faith, thus fara afa vidhane a;, though there 1a this injunction , r* fiert lok vidly atutsat, on account of popular prejud ce wagu ananasthanamu non orformance, q yatha, as, ** PA, or, 81750 waitrayai anim, consecrated to ditra and Varana, MC gân, cow , U vasam, & vitin 1977ETA anuvandhyâm, a barren ***** alabhet, akuald slag. & friti, 80, tlus naisten frarat af gavAlucabhan vidlåne ape, though there 18 an injanction for killing of a Art-afbrar loka vidviştat våt, because of the prejudices of the people, wagung anunuptbâuam, should not praction 4 The qucstion is thus answered, True, this unequal partition is found in the sacred ordır ances, but it must not be practised, Lecause it is abhorred by the world, since that is forbidden by the maxim, “Practice not that which is legal, but is abhorred by the world for it Securcs not celestial bliss as the practice of offering bulls is shunned, on account of pupular prejudice, notwithstanding the injunction, "Ufter to a venerable priest a bult or a large goat" , and as the siaying of a COW is for the same reason dis.used, notwithstanding the precept, "glay a barren cow as a victim concsecrated to Mitra and Varuna Balambhatta's gloss DOW . The reply 4 Though by 'true' eto, ho accepts its roality and rejocta tho proof in favour of its unreality, yet he does not accopt tho validity thereol in practice 'World, thouylı abhorred by the world got sanotined by the Sari, ture and the people how 18 it not practicables 18 nut condacive to heaven which means that even a Frtuous act it abhorred by the people shonld not be acted ujon bocaase it does not 10curo besyen U heavenlıness 18 the reason for ita abge I he meanrog 18 that the Sortptare having said su, it should not be *cled up ·72 VÅKSRA I 111 5 nn Lyre he gives an illastration from the surt as' It is original Ho gives it froin the srutor as', 'lat o le offer a barren cos Consort Led to Alta and Varung the ti doties' The anarindkyeste (sacrifice of barren cow) has beon lud do so by Ajastutab 11 * gonna saorifico aiter udavrsánya (190 diy) the present he lau useft leving allo seu curs dish at tho saiae pince it sluvuld be anderatúod that tbe latter is to beractised by the secucers Ahd) sard उक्त च। यथानियोगधोनोमानुयन्ध्यावधोऽपि वा। तथोद्धारविभागोऽपि नैव संप्रति घर्ततइति । ५॥ Huktim, it 18 arprenels declared cha and यथा yatha just as, FRONT À Disoga dharmah, the date of an appointuet (to ruise up seed to another) anah, for as (i e rot fracticed). 77 na mor, *32* anuvandhya of a barrencov vadlh the slaying, opfo api, als), ar , or, ter tatl A , scilarly, uddhåra vibhagab, artition with deduction, afa api, too, 17, na not, yo indeed , arafar samprats at present, a partate, is in vogue 5 It is expressly declared "As the duty of an appointment (to raise up sced to another,) and as the slaying of a cour for a victim are disused, so is partition with deductions (in favour of elder brothers)". Balambhalta : gloss 1 5 Flaving thas generally stated the despetade of the inoqual par tition in the holyuga but not before and suggesting that oron with the aid of the allostrel10ns explawing the same and laying down the 110100! partition with the additiugsl share by dedaction, ho cites the text of Bhatta prohibiting the inequal partition with too said illustrations And it 13 Bald', 'myoch' (appointment) coromony just other', other than the Vedic ceronony sanctioned by an injunctive to it juat m'ke tho Bac iace of a great wall etc should aot (be allowed) the 'not' (20) aboala bo connected with both In the reading' piat' (no daty) it moons tha daty of appointment for at should be anderstood that the birth of a Bot from the husband s brother ander(the texty The husband s brother ba. nog directed by the elders shall cohabit with the soploss (wados)' I 68 'no' AC 18 in the negative son30 Anayundhus' moaos a barren cott, 'also or in conjunction deduction' means 'Additional share in parts tron', 'low' 18 the second conjunction 'no' in the kalıytys Va havs thereforb q dotos from lirahua purana 'tlo marriage of a married FORA ·VITÀ EŞRA I. 111. 7. 2 making a par ition in his lifetime, should distribgte the heritage equally among his sons", and having stated, as the doctrine of some, the eldest's succession to the whole estate, ("jone hold, that the eldest is heir,"); and having evhibited, as the notion of others, a distribution with deductions ("In some countries, the gold, the black kine, and the black prodace of the earth, belong to the eldest son ; the car appertains to the father; and the furniture in the house and her ornaments are the wife's; as als) the property [reccised by her) from kinsmen, so some maintain") has expressly forbidedn it as countrary to the law, and has himself erplained its inconsistency with the sacred codes; "It is recorded in Scriptors, withou: distinction, that land distributed his heritage among nas sons Bilamihatla's gloss. 6 Apastamba has also disap prored of it; so it is connected. Tlugli lieg hefore, ' ll'hile alicr', though spiog conBoled the eldest son with an excellent gift, yet it does not lead to the inequal partition bat to the giving of cuosotauon tu him 'Let him then satisfy his edest son with suino ohrof precious article like a cow etc ag explained provoasly. With this object in pion, he says, his aun opinion. Saporcoding the dronk or intricated in the absence of a sun, the nearest kinsman (sapında), 10 ja s absence, the preceptor, 10 his absence the resident student way Therit tho proporty and upply it in pious and religious objects ; or the Jaughter, 12 tho absence of sli, the king may take the whole property:and having said so th' 19 understood The whole ostate', here tho claiingat 18 the eldest son alone : 14 was already explained previously, Gautams also seys. The trhole guests the seniormost who wanataing others." 'in courriea' etc, in some articular country. Haridatta bays "guld, black kme, black produce of earth' means black cereals produced Trum exrth as rice and beans, sme say, it means iron. AU these go a the liars of the eldest son The chariot, tha fornitore of the house, utonsils, tools etc go to the father. The corn ornatoents fall to the share of the file, "thers are of opinion that veslth got Irurn the casto. perple als go to the share of the wilo" 'Contrary against; he himself Äpista tuha lunsolf Jant , it is a qoutation from the Taittirosa Samhita (111-7 9 4) Tiere 'among his son being in the plural and heritage' boing in tbe laxalar, thu ruference is that it applies withont distinction (generalls) It is sabseqnert, and it is alsis treated as a solitary toxi** separates the eldest son with tho, Wexlih", but the sert logicians do not consider nityamutida ta be ridhisit 18 said See Slin dansa introduction pol XXVIII, p, p XXIV and XSVII U takara तप्लाद्विपमाविमाग शानदष्ठोऽपि लोकविरोधाश्रुतिपिराधार नानुष्ठेगाप्ति ·YAJNAVALRYA SMRITI 25 सममेव विभजेरनिति नियम्यते।। HATE tasinad, therefore, fam 719smak uneqaal fan vill & znh, distribution , TITJE. gästradristah noticed by tho ci des of law, af spi, though, arta loka-yirodla because of its d 18Approval by the world, laadunt sratı pırodhat, becaase of the contrariness to the acripture, because it .s against the scriptures #cha, and 799, not, ugou anustheyah, should be practised, fat its for this reason, Banalo, su equal parts, 6407a, ool, fanitta voblajeran, should distribute, fait, 80, 1999ă niyamyate, & rule is made a restu utwn is or dared 7 Therefore, unequat partition, though noticed yu codes of law, should not be practised, since it is d sapproved by the world and is contrary to Soripture. l'or this reason, a res'r ct on is ordained, that brethren should divide only ra e qual shurcs. Balambhattas gloss 7 He conclades the established truth (siddl knyta vien) there fore', 'scripture' means the sager Equal' iltoieiuce this contes tu the partition daring the lifetime which is set forth us suply and 18 also later on naintained, 'or tiro eldestun uo conlrary relates to some other yroga, like others. "The father while slive should not give preførenco to one over the others, nor shall he doprive another of his share capriciously fon no causa" This from Katy@yan& 1s also in favour Therefore regs or wory' which has been said above under the text of Narada d es jut mean that at shwuld be so acted npon batil a father by cliance under the authority of the Sorpture without nuticing the special text makes an equal jartition in the manner ag lad down by the Scripture, it 19 Dutt. We set aside Phis 18 tho purport bat the real meaning has alrea ly been es ressed by the eominentator, it should be borre ta mund that theLU 18 no conti diction. Here 'after the father's dovutec 19 &-u! and Muu 4 also Sirpported it by after the death of the father and mulber' (IX- 11). S, the period after the death of both 13 tored in After the death of each of them, jo this view, while the father is alive the parts tion can be effected after the death of the mother Bularly when the fatbers dead bot the mather 15-uive it does tut nuussarily follow that the desired partition shonld be effected But spliat has been said previ ously under the text of Gautama 'after the death of the father and what 18 to be said hereafter in the original, the principal vaasy 13 the father's death, and the mother's death 19 of secondary rw portance Su 'the period after the denth of the father' by reason of the existencu or DVD existence of the mother is to Told, but it is understood lumeau Ateries 811 8 SA' ·76 AITAKŞRA I 111 7 and is not in conflict with what is to be said hereafter Jast as, in the first division three are iacla lod, 60 19 it there are two, therefore the perti *100 during his lifo and after his death is trys fold and allowed by law but not the third of the inotharlags I: 19 700 8) According to the test of Manu, they are dependent while the parents are alive' (NVI11-1171), the cau9o ur1903 after the death of both, boing in conformity to the unity of & sentence in the original as 18.d duwu, huis uap it be t ben poterpretea that iyag? Alwuys to avoid the QAVoidable contradiction that ja tu arise, even on tho husband and wife having a right to & alaro according to  pastamba bot sha has no such right to become apparato Jibe the sons, by reason of being the butter balf, she 19 brerywhere In a company the sense has been provioussy given she leing accurdingly placed on an equal level with the suns, possesses the proprietary right like them The song have no right to claim partition during the lile tune of the mother and have no right to dis ou at their will by reason of want of worship This is the meaning of Manu 'Jhat 8 a loo the ineaning of the original 'after the death of the parenta! Samkha aso the 92 when he says, "Those whoso father 18 alive are deper. dent, u are they who have other" « On the death of the father, let the sons divide ibo father's property whon the sinloss father is alive they have no ownership," Dovala, So on 16 Or let while the father is alive', be alone it relates to the solfacquired property Similarly when the mxher is alive at relates to her personal proporty Parther the result of tho parents will be lotor on explained By this, the statement of Hardatto (to the offoot) that thore is on right of partition inter se between the husband and wife by reason of Aapstanb having said nothing about it preysosly, 18 rolated tto death of the father and even if the inother 18 alive there arises right to partition, but aot at the option of the mother bor has sho a right to claim it This is to be borne in mod 10 sami np hilo tho father 19 alıve, there are three periods of partition, with the consent of tho fathor, two len', tyo In the first, at the instanca of the father , in the last two, at the instance of the yon The a lotment #qual overywhere In the first case, the parents have equal bharos, Bunlarly in other two caseg bat it 18 when no separato proporty is given to the mother If the soparate property is given, then her alaro 16 hall On the death of the father, there are two perioda by sonson of tho etistence or non existence of the mother at the instance of the sun, tho partition is equal In the first case the mother has also sa equal share The mother's will 18 never the governing fretor, nor dues partition tako place at her instance It relates to the cor a blo property, pure sell acqair. eu proports and the an ostral mized with self acquired 7 roporty In the pure anestral projerty there 18 & pecaliarity which is to be dealt with Ister on thoro ilie wasther has ao share 1 hos we have partition of the property to at bas desconded up mixed with tho ourning of the father, mixed with such parnings and are earning of tho father, on the death of be father We haro also call scquisitions of tifo kinds (1) ato muptia! and (2) post auptial in the first case we karo the role rolating to it ander 4 ·TAJNAVALKYA SHRITI the text In the yell acqarsitions of the fathor, the sons are not entitled to claim A partition withoat the wish of the fathor, but in the house and land properties which have descended, the father oud as have eypal shares : he may not divide hrs self-aoqasitrons aming his song without los wish Gautama "la the ancestral property whether inmuvo bilo or m reable the father and son are de.lared to possess equal ownership But the lost ancestral property which the father huy recovered with his effort and what he has acquired by his special ko wledge or herursen is the oxclo dive property of the father L191 him make a d nation of it at bie o t1on and then enjoy what is left out, 10 he absence, the Buds are declared tubs equal sharers Ia these quotations from Brishaspat, by suggesting the sule participatin of the sons with their father, then in the texts showing the bharus of others as for 10stance be makes allotinents' II 115 **fter the father' (II 123) aod layıng down the share of the mother, there is nothing which entitlus the mother to claim partition It is proper because the word 'partition' mesas a separate allotment by virtue of the original rightarib ins froca co ownership with another aud a separate share therein to be determinod along with that of others who havo oqaal proprietary right The daughtors 10-lar oto have no proprietary right in the property of tho father in law by birth owing to the absence of the prior rolatsvoship If one says that there will be tature relationship, it will be stretobing the role to its extreine limit by reason of the foreign birth Nu relationship, arises by marriage because after marriage she becomes a companion, nor by the death of her husband, because he le act her progenitor but in reality her right 18 obstructed by the proprietary right of the Bon otherwise by reason of the mutual partition of the property of the soulosa among the wives of his cocles or grand sons, thoro all' bo & confict with the rule laid down in the original by tho different fathore' (II 120) A mother bas, therefore, au share in the property acquired by the fathor beforo marriagº "Shall take equal saare" applies whore there is pro-orising ownership by reason of 'take', but where there is no such pre existing right, the words 'gue''Acquire' eta are appropriate According to others, when there are tin murable properties of both kuads, the BODS have ownership by reason of the possibility of the confusiva tu be stated here after The post naptial earning of the father is also two fuld, moyable and innovable As to that, suine say that nader although the mother may take an equal alace' both aro equally mount, but by reason of the Connection of ile text 'to whom po soparate property, has been given' (11 115)), it applio to the moveable property only It follows that it doos not depend on the maker and partition bat on the relinquishment (dodation), thus ia the ananimous opinion so when ono 18 not given any property by the basband or the father in law SpeciGoally, she may take the share On saying this, it means that when she is given a share apecifically by go and so it becomes hou share and she gets Do other If it is egaal to the son's share, that which was given before also becomes 11 may ale myns 'Dwogarding the c+49 and drolexuon, il depend DA Telangoutout ·76 UITÂRŞRA I, IIT 7. and is not in conflict with what is to be said heroslter Jast as, 10 tho first division three are inola led, so 10 it theru sro , therafors the parte. tion during his life and after his death is trys fuld and allowed by low but not the third of the inotherless It 19 JUL 8), according to the test of Mana, they are depondent phila the parents ara alive' (XVIIT-1171), tlio Cuu90 4rises after the deatli of both, being in conformity to the unity of & sontence in the original sy laid dura, hw can it be then olerpretea that way? Always to avoid the anavoidable doat radiction that to orisu, ovan on the husband and wile having a right to blare according to A pastants bat she has no gach right to become soparate Jibe the song , by reason of being the botter ball, sbe us orerymore in & Company, the sense has been prev100819 given shohoing accordiogly placed on an equal level with the suns, possesses the proprietary right like them the cons have no right to claim partition during tbo life the of the muthor and hayo Do right to disposal at their wall by reagon of syant of ownership This is the meaning of Manu. That is alio the meaning of the original 'after the douth of the parents' Samkha also means the some when he says, "Those whose father 18 aliye are dejendent, su are they who hayo unother" On the death of the father, let the sons divide the father's property, when the sunless father is also they daro nu oraorship,” Dorala, . Orlot while the father is alive', bo alone. It relates to the roll. acquuod proporty Strailarly when tho musthor 19 aliyo it relates to her personal proporty Farther the rosalt of the parental will be lotor on explained By this, the statement ol Hardatta (10 the efTeat) that there is in right of partition enler se between the husband and wifo by ronnon of Aapatambs having said nothing about it provoasly, 1. rofotod So oa ebo death of the labor and oren if tho motor is Alive there arias A right to partition, but not at the option of the mother nor has sho a right to claim it This is to be borno a od i'o em ap. while tho father is alive, there are three periode of partition, with the consont of the fathor, two when', so In the first, at tho instance of tho Euthor, in the last tro, at the instanco of tho son Tuo allotment equal ovoryslera In tho brat case, the parents have oqual sheros; Bunlarly 18 othor two cases bat it is when no separate property is given to tha in her I! the separate proporty is givon, then has uro" ball On the deatn of the Cathor, there are two soriods by rebaon of tko oxistenca ur pon oxistence of the mothor at the instance of the tone, the partition as equal In tho first case the mother has also an oqual share The muthor'a vill 18 noror tho gorerding factor, nor doos partition tako laga nt her instanco lt rulates to tho mos ablo proporty, paro sell acquir. od proports sad slo an cstral mixed with soll acqarod proports Into pura ancestral projerty thoro 19 a pecolanty wbich to be donit with Jater va thoro ile orthor has no share this a hero partitron of the proports that has descended pontsod misla tho unsats of the tutor, mixed with such earnings and are entong of the father, the desth of tbofetlior Wo hard als o't acqonulront of tro kond. () ante nopiral und (3) pont napfia! lo the int cand we bare tbe role relating to looder ·TAJNAVALKY A SRITI the text In the soll acqargitions of the father, the sons are not entitled to claim * partition without the wish of the father, but to the louse and land properties which havo descended, the father and sons have eyal shares : he may not divide bre soli acquisitions a orng bus s PIS I thout ins wish" Gaatama. "In the ancestral property whotbar la murable or in veable the father and sun ore de lared to possess oqaal ownership Bat the lost ancestral property which the father bus recovered with ha effort and what he has acqarred by his Beral kn wlod 30 or heruism is the excla sive property or the inther Let him u uku a donatio of it at bo otron And then enjoy what is left out,nh subsonce, the sups are declared to be equal sharors" In these quutations from Beishaspat, by suggesting the sole participatin of the sons with their father, then in the tests showing the shares of others as for instance he makes allotinents' II 115 iter the father' (11 123) and laying down the share of the isother, there 18 nothing which entitles the mother to claim partition It 18 proper because the word 'partition' inoans a separate allotinent by virtue of the uriginal right arisng from co ownership with souther aud a separate share therein to be determined along with that of others who have eqgul proprietary right The daughters in law etc have no proprietary right in tho projerty of the father 10 law by birth owing to the absence of the prior rolationship If one says that there will be future relationship, it will be strotching tho ralo to its extreme limit bg rooson of the foreign birth No rolationakıp arisos by marriage because after marriage she becomes a companion, Dor by the death of her hasband, because he is act her progenitor but in reality her right is obatrnoted by the proprietary right of the son. otherwise by reason of the matual partition of the property of the sonless among the wives of his uncles or grand sons, there will be a confict with (tho rule laid down in the original by the different fathero' (11 120) A mother has, therefore, nu share in the property a quirod by tho father before marriege "Shall take equal Saaro applies whoro there in pre-existing ownerslup by roason of 'tako bat where there is no such pro existing right, tho words 'gevol acquire oto are appropriate Accordiox to others, when there are a murable properties of both kind., the aons have ownership by roasus of the possibility of the confomon to be atutod loro after Tho post Baptial ooring of the father ? also two fold, moyable Italorable As to that, 40108 say that onder although the mother may take an equal share' buth are equally toonat, but by roasus of the connection of the tort 'to thom po separate property, has been given (II 115)), 16 applie to the moveablo property only It follows that it does not depend on the maker and partition bat va the rolin qarshment (doantia) thua 13 the ansaingas opinioa So whes 00018 not giren any property by tho basband or the father in law, specifically, she may tako the sbaro , on saying this, 15 means thst when she is given sharo #pocifically '53.80 and 20' it becomes her, share and abo gets to other That is oqasl to the son's sbare, that which was g17e9 bofore also becomes Il may also bus * Derwardioz tko * 21 destesaloa, & depends on Iulingouizare ·78 MITÄKŞRA I, III 7. partible, If it is in excess, the equal is partiblo and the excess is (consia. dered) gifted one Hence if it was given withont consent by 10ason of the absence of the power of gift) on acconat of the existence of the son's ownurship, the adjustment can be made by giving from the o qual ahare of the son but it is not by right. Il it is le89, in order to avoid inequal divi- Bion witb other mother, It should bo equalised from the property to be partitioned. In the passage 'It giver (the separate property) half should be given' means that the given proporty should be mode is pert of the share so that it may be equal:ned from the other shares. Similarly in the panage the mother abould get an equal share, it means that she should be made separate owner along with the sun. Lere the immovable property buing not subject to partitive shald not form part of bor sharo) by rooson of the commentator's age of such expresions 'st the pleasure of the husband' jewels and pearls' fit the ploasure of the father immovable aud bipeda.' "A fomale is said to be always at liberty in selling and giving the eaqdAgika (persvual property) ovon if it is immovable. On the death of her husband & fomalo can spood Lor hasbaod's inheritance (74914) st. hor option ; she mast protect it while he is alive or otbor wiso spend it for the family parposes, A sopless widow under tho guidance of the elders, keeping the bed of her kosband unsullied, should enjoy it while controlling her passion till bor, death; tho reversionors shall get at after her." From the passages of Kâtyâyans (it follo198) that while the song. are slive, just as in the ancobtrol property 80 in his self-acquired in. morable property, there is no ownership by reason of the right siding in fatare; in such a state there is no possibility of gift and sale. There is lightness (dorogation) when it is repeated that there is no gift or eala in. Bitch cases; otherwise the difficulties will srise on breaking the prohibition laid down. Gautama saye "others also get & share following the stars allottes to the sons and the unmarried daughters,ro" Bere -voidiog the term similar which is a synonym of 'equal', asing 'jast similars synonym of 'propotionate' eod including the married daoghters in the category show this morning, by reason of the maintenance of the appartied girls who are in the category of 'just similar' from the morbbles only. Jast similar by boiog a class of shorers is distiugoished. Angira and Våsa 889 "In the absonce thereof, the mother is an equal sharer with the sons ; their mothors are egeul cosharors and the maidens are entitled to s ·80 MITÀ EŞRA I. III. 9. Bparådan, an ereoption ; 916 Ala, declared ang mataḥ, tho, mother's ; gricat: dulitaraḥ, the daugkiers ; $t& başam, the randao"; FUIT ripet, after paying the debts. 8. It has been declared that sons may part the effects after tho death of the.r father and mother Tua &uthor states an er ception, in regard to the mother's separalo property: Tho dauglutors shaco che residue, of their mother's property, after payment of her debits." Balambhatta', glost. 8. II. explains the releviloy; the mother', ko ciplaior it by topeticior. Bitakord. मातुर्घमें दुहितरोधिमजेरन् । णाच्छे मावरतणांपाकरणापशिडं अतवर्ष- समन्यूनंया या मारधन उता विमरमित्यस्प विषयः ।। FiBi tulah, tho mother's, 4 dhanat, the property ; fcat: dohi. tarab: duaghtors furaha reblonjoran, should distributo , torernt, after tbe debts , 1978-pani, whistlus remained ; 117T*On vajalimu mairikrita pohjaku.nassau, wbat has remained after paying dolls of the mother, a atoh, lionuo, a cha, sad, 40474 Tipasumain, oqual to bor debts, gan nyannia, less, 14, or, Fiquh waindhadam, tho mothor'a offocto. Gat: naibh, tho doas, fandt ribhajoran, may dirido ; ftiti, Buch; RET 35a, of this, fart: ripayah, perport. D. Lot the daughters divide thcir mother's offects remaining over and above the debts; that is, the residuo after the discharyo of the debts contracted by the mother. Hance, the purport of ibo preceding part of the text is, that song may divido their mother's effcote, whiol oro equal to her debts or less than their amount. Dalambkatta'r glost. 9. *3! thers', he proceeds to oxplain the satjoct onder diusausios contracted by the mother', by this ;&96 brny be youngest of the *eniur wife and eldoek ol the junior wifo, dalt arims hon sluaid there be partition ? The oldest son gets a hollock pt un dditional there Anuntberi got the sharei according to their mothers, after dodactiost of ·YAJNAVALKYA SMRITI 81 the bullock allotted to the eldest, The eldest born from the contor wila gets 16 ballocks and the rest get the sh412 -ce vrdly: to their other It 18 settled rale When the Bins a e born of the v vet of the same class Without any speciality, the Asriority does not depend on the other but on the birth Eves of (those born of) & Brahman mo. man, the seniority 19 determined by the birth, the sensority of the twins in the wor0 6 18 also from the birth (Janu IX 122 126) "Those who are born of the same caste by one father from different mothers, get the shares thanh their respective mothers" Vyasa 10 "Thorstep-sons who are of equal castes bot born from ona father should be allotted shares according to their mother " Braliuspatı, "Thoso who are of the same caste though as veral are entitled to get thoir respective alares', All those aro sard to relate to some other period The exposition by Vyasa and others without the additional blare, in derogation to the equal artition supporting the unequal division is set ande by it by reason of its perversity, because it grises from the guarance of the Doaning of the smrti Then in the exception, 'residne after the payments of debts' 18 2901089 the reply 19 that taku thereof an the auther'a share Dot for one's own ase, by reason of the unity of the sentence with in their default ենդվ boing the subjoct of the daugliters' failure there 18 (ultrate) accomplishment (f pussession) Ho thereforo Hays, 'therefore wes is by reason of laying down the peoral rule purport is that in perbuance of the exception in the mother's ro, erty after the payment of dolts while the droghters are alive, by rens a of the advantage of that relationship, even when it 18 not partible by the dons by the non applicabil ty of the exception on account of no equal or less resining after payment of the deuts and by read of no right existing even when the daughters aro a've, the general rulo alono applica 88 the remainder after payment of the debts » dot partıble while the daughters exist, bailarly the equal or less is not div.sible by reason of its being necessarily payable , Bu he says Mollkpara एतदुक्तं भवति । मातृतमृणं पुर्वपापाकरणीयं न दुहितृभिः प्रणा. यशिष्टं तु धन दुहितरोगृहीयुरिति । युक्त चेतत् । पुमाम्पुसोऽधिके शुक्रे खी भवत्यः धिक स्त्रिया इति सध्यवयवानां दुहित्पु याहुल्यात् नीधन दुहितगामि । पितृधन पुर. गामि पित्रवयवानां पुत्रेषु पाहुल्यादिति । १० ॥ gaz etad, this, auktam, ducant, said, ura bharatı, 16, #THAR måtrobțitam, contracted by the mother, ** riņam, the debts, putraih, by the suns , qopa, only, **{TITÆ az akaranıyam, must be 11 ·52 M111 ÅRSRAT I ). discharged, na not, grafi duluttabbíh, by the daughters Toilet rinivas stam remaining above her debto ta, bot, 7 dhenam, property. gfiat duhrtarah, the daughters, hetgi gřihniyah, should tako, rfittı 80, TT yaktam fit, proper , cha, and + Totat, thta, sare punân, the male 18898. panah, of the man, afragent Adhiko &nbro, 1f tho seed bo more, at str a female 18rus , a adhike, if the contribution bo inore , fem strigah, of the woman, if it, thus, ***14111A strgavaya agan the feina le portion, tog dahitriga, in tho daughters, bahalçat, because thoy abound, eta stri dhanam, the worgan's property, gfrifa duhitr gêmı, goes to the daughtero, fq797 pitr dhanam, the father's ostale , gari la patra gêmı, goes to the 8one, anagaram pitraveyayanam, portions of the father , 37g patresu, - sous , ET Ahulgét, because they a bound fait, BO 10, Thermoaning 19 thus A debt, incurred by the mother, must be discharged by her sons, not by her daughters, but hor daugh org shull take hor property remaining above her debts, and thus is fit, for by the maxim, "A malo ohild 18 prooroated if the secd predominate, but a female of the women contribute most to lho lætus," the woman's property goes to her daughters, becanso portions of her abound in her female children, and the father's estate goes to h18 sous, because portions of him abound in lus ninle cluldron), Balambhalla's gloss 10 'It' tho moaning that they sball zako at babyeot to pay. ment of the debt so ho supports the textasl cui tradictions with tho Brga nents borrowed from other surritis Fot', 'tha Beed' 18 connoted with both , by this u donbt that may arise to the contrary etc udo Just as after the death (of the father) the 2015 oto make partition Bud we los aliselt 18 effected at their instance, so while the mother is alive, oran on tho proprietary right anbbisting from the birth, the dau ghters have no right to claim partitroc, nor can it be effoctod at the mothor's option by reason of there being no text (to that offect) but whatever she gives becomes that of theirs (donaes') He, therefore says, 'by the parents tu bun (11 123) It was goid previdosly that the wife's property indivisible, but by the inherent force of tho teca, it relates to the unbyact of partition at the sustance of the husband, au there is no conflict 18 not 1 Niidhard वर घ गौतमेन विशेगदर्शितः। स्त्रीधनं दुहितृणामप्रसानामप्रतिष्ठितानां ·YAJNAVAYA SURITT 88 चेति । अस्यार्थः । प्रत्ताऽप्रत्तासमवायेऽत्तानामेय स्त्रीधनम् । प्रत्तासु चाप्रतिष्ठिता- प्रतिष्ठिता समवायेप्रतिष्टितानां चेति । अप्रतिष्ठिता निधना ॥ ११॥ at tatra, in that subject, cba; and, fra Gantamena, by Gantana , ftatt vissshh & Bpecial role, gfia: daráitak, 18 propounded, 24€ stri dhanam, & woman's property, plea duhitrinâ n, belongs to the daughters , FAI aprattånd.n, that are not given in marriage. oraleasant a pratrsthitânâin, that are not provided for gcha, and, fa 111, 40, "Et kaya, of this , v: srthen the meaning #7SAFTARAN pratia spratta samav&ye, in the competition of the married and the aninarried aara a prati nám, of those that are anmarried, 97 ora, Only, andeod, Kath atridhanam, the wife's property Sit pratiasu, amongst the married ones, che, and , fafirma qfafè ammatt sprat sthatå pratişthat& samavdy, in the competition of the waprovided for and the provided for, wafalgarar apratisthot&nam, of those that are un provided for, cha, and, for iti, svi thus, offargari apratışthulah, wuprovided for, war nurdhap&h, meads poor, devoid of wealth, destitute of wealth 11. On the subject [of davhhters] a special rule is propounded by Gautama "A woman's property goes to her daughter, unmarried, orunprovided " His meaning is this, if there be competition of married and unmarried daughters, the woman's separate propeſty belongs to such of them as are unmarried., or, among the married, if there be competition of endowed and unendowed daughters, it belongs cxclusively to such as are unendowed and t' is term signifies 'destitute of wealth" Balambhatta's gloss 11 Keeping this in view he lays down & special rale "There' moans 'on the subject of the daughters' of the daughters' being slrcable to all generally, it 50 spphies the teria 'f the quarried' is useless, how can it be used in a special sensoIsa meaning, (pratia) Inurried, fupratta) aumarried, (pratışth118) ou du rod, wealthy , (aprotiv thatta) pondowed, poor, the morning 19 that there is no reaningleseness, by renova of denoting, the special role 'Ecclasiyalg' is to be rej eated at butla placese Britakara दुनिभाये मातृधनमृणापशिष्ट को गृहीयादिस्यतमाहः ताभ्यतेऽन्वयः ॥ ११७ ।।

·84 UITAKŞRA I II 18. gla dahitrabhave, in the absence of daughters ; ag måtri. dhanam, the mother's property ; HOTEZA riņi vašiętam, romaning after paying the debts ; : kah, who; angrilaisit, should take; fa itz, 30; TI: rah, bence, Te oba, says; an. tabbyah, them; a fito, iz the absence of; 43: enyayah, the iss20 12. In answer to the question, wlio inkes the residue, of the motlicr's goods, after payment,of, ber, debts, if thoro bc do daughter? the author adus, "And the issue succeeds in thoir default Balambhatta's gloss. 12 There is a doubt; daughter...........who'; the general rala relates to ouutlier subjeot and does not apply here, having explained the word meanmg, le proceeds to explain the meaning of the sentence. Arit akşard ताभ्योऽदिराभ्याविना दुहितणामभाये अन्वयः पुधादिद्धीयात् । एतय यिम- जेरन सुनाः पिनोमित्यनेनैव सिद्ध स्पष्टार्थमुक्तम् । १३ ॥ axit tabliyah, them; ferra: dabitſabhynh, the daughters ; faar rin, in the absence ; gleur duliitſiņais, of daaz Lers ; 072717 sblave, in the absence of, ora: alvegab the 15318 ; ga. patradıb, 8001 etc.; eta gfihniyat, should tabe, gaz stat, this; e che, apd; for vithajeran, should distrubate ; yar: sutkh, the 9008, fqat: pitrok, the parents. Avar Qidlivain, aftor , xfa '80, 80, data enene, by this, 4 ora, Indeed.feet Sidalam, was proved right; Etenia spagtartham, expressly; tuktam, bas been declared. 13. On failure of daughters, that is, if thera bo none, the san, or other malo otisnring, shall take the goods. This, which vas right under the first part of text, ("Let sons divido equally both tho offects and the debts;") is here expressly declared for the sake of greater perspicuity. Balambhalla's glose. of the deaghters', it ?! already pointed out; and this' : 'accomp. figliod' (s1ddlia.) means 'souruplished from tho meaning', it inua11s that 15 wlno rulates to that subjuot like it. END OF SECTION III..

·TAJNAVALKY A SUBITI 85 SECTION IV पिद्रव्याविरोधेन यदन्यत्स्वयमर्जितम् । मैत्रमाद्वाहिकं चैव दायादानां नतद्ववेत् ॥ ११ ॥ क्रमादभ्यागतं द्रव्यं हृतमप्युटुरेत्तु यः । दायादेभ्योन तद्ददाद्विदाया लब्धमेव च ॥ ११६ ।। Fax **7-watna pits, dravja avirodhons, without detrunont to the father's estate, a sad whatever, wat anyat, else, 'svagam, by himself , afstant argitain, earned #19 maitram, as a prosent from a friend, far andvåhikom, as a nuptial probent, cha, and, sova, indeed, Biarrart JAJ&JAudin, or the co horro, a da, sot u tad, that, in bharot, should be, HTG kramad, through succession, mamah abhydyatam, como, rury draugom, property 19 hſitain, taked Away, maps, even though, raudhardt, would recover , 1 ta bat, yab, who, 1977 dayadobhych, to the parceners, a na, not, ti tad, that, çor dadyat, sboald give , faqat yidagi, by loarding, by cience, et labdlam, acqatrod, 570TA, indeed , che, and 1. Tho author explains what may not bo divided. "Whatover olge 19 aoquired by the coparcener bimsoll, without detriment to tho fathor's estate, as a present from a friend, or's gift at Duptials, doos not appertain to the co-hoirs. Nor shall lie, who rCoolert horeditary property, which had been taken away, giro at up to the parceners nor what has been alded by science" Balambhalta' glos ), Not liable to partition', only with a 7:07 to strengthon partition thoro in, therefore, rolerancs of the esbject, this is the mosning Ilore the words for also are in the 1000 o 'optional thore aro obor read. The Ford 'pitr' (father) 19 togt 11 (Chriyalti) and also' and (cha) 'sad' ekstops for the ronion giros aboro Antalyard Ftalation for Renfü AT BERATUNGAN safe ·86 BAITĀ KSARÁ I IV. विधाहलब्ध दायादानां मातां तत्रभवेत् । क्रमापितृनमादायात यत् किञ्चित् वयं अन्यै नमसामर्यादिना पित्रादिभिरनुद्धृतं यः पुत्राणां मध्ये इतराभ्यनुभयोमरति तक्षायादेभ्यो त्रादिभ्यान दद्यात् । उद्धतव गृहीयात् । २॥ Arar frāt: inalá pitruh, of the fatler and other aratatt drarse Vidasena, withvat any detriment to the goods of , 47 yat, whatever, har gyaya, by himself, ofta arjitam, Boquired, a maitram, of alriged (reans), faa2727T mitra sakasid, from a frioud, yad, whatever; Togg labdhau, is obtained, alatie aadı Âlikam, pertaining to marriage (beans) far-ras viváhalabdbam, obtained 108 marriage, IrTTIA da, ginkin, of the cohers (means), wa mablarinázx, of the brothron, a tad that, ana, not, 1 blas yet, shuell be, war kraut, through saccession (means), fTSATT pıtçı kramad, througb aacce88.00 from ancestor a, 1974 45&la, cuine , 40 Maa yac kıschit, xloror, *T# dravyam, wealth, property, unyuh, by othors, upitan, taken away, amhuifpui asd warthyadına, through inability or for any other cause, faarfara pitadıblıb, by the father etc, Kanadábritam, not reovered, at yah, whouver, 3T109ed, at rayaumauuye, from amou, 81 the Bans, Eat4394 teribbyraujanya, with the peri4194104, with the Acquistance of the others, fa uudberati, recovers, ag tad, that 4891974 ddydde ubyab, to the corleones, Walesi bhrátradıbhyab, to the brothers to , awa, aut, qat dadyat, should giru. agaf addkarte, the per un recorerlag, ropa, valy, indeed , Zinta, griliniyat, should tako 2 That which had been acquired by the co-parconor Himself without any detriment to the goods of his father or mother; or which was been received by him from a friend, or obtained by marriage, shall not appertain to the co-be rs or brethron. Any property, which itad descended in succession from uucestors, and bad been seized by others sud remained unrecovered by the funker und the rest through nability or for any otbor cause, lie, Anong ibo sous, who recovors it with the poquitsoence of the rest, shall not give up to the brethren, ur other co-bass; the persun Ilcovering it shall luku such property, Balambhatta's gloss, 2 Morbor', he contraste it with debiment', 'thont dotriment to the goods', 'that', whalesor e poderstood boy rossou Bacb roadhog In ·YÀJNAPALKY A SMRIT 87 नटों तु the original 1f there is anyRE) 'other' as the reading in the original, Yother should be considered as anderstood It 188ns the property different from that of tho father Ho details the different kinds by... reoe rod froin a friend etc', he uses the raporative good without necessity "Shall not appertain' sppertsins, atalarly in the following passage. *Descended in success on 19 the opening part of the second verse, he now explaing 'why mag it not rocurored by the elders' ? he reples throch inability' If there is no loquiescence, then it is partible Of the rest', he gives the parport, the recoverer Similarly in the succeeding passage, He then gives a special i ule Nitaksta तत्र क्षेत्रे तुरीयांशमुद्धर्ता लभते शेष तु सपा सममेष । यथाह शख । पूषं योभूमिमेकश्चदुद्धरेत्कमात् । यथाभाग लभन्तेऽन्ये दत्वांश तु तुरीयक- मिति । ३॥ en tatre, there , # kşetre, if it be Inad, ritalte tarigambau, tbo fourth part, szai uddhalta, the recoverer , arata labhate, obtain, arr sepum, the remaining , ta, but, a carpeşå m, of all, R.nau, equally, ,eva, indeed , qUT yatba, 48, HTC dhe, say, R77 dankbah, Sabikha , gue purvain, formoris , tera nastáva, lust, I tu, but, yah, who ; af bhQmin, laud , ekaḥ, a single one, e ched, of a uddharot, would recovor, Art kramåt, in saucession , CUTITTA Atla. bhagain, according to his due allotment, a labhante, obtain, sua anyo, others, Fat datva, giving , 09 apsaw, part, ata tariyakan fourth , fait, eo 14 If it be land, he takes the fourth part, and tho remainder So Sunbla urdains 11 equally shared among all the brethren "Land, (iuberited) in roular succossion, but wh ch had been formerly lost and wh ch a single (hur) shall recover solely by h18 own labour, the rest may divide according to their duu allotmonts, having first given him a fourth part.' Balambhatta's gloss 8 And in the land', here 'and'11 in the sense of but', the proper reading 18 and thero in the land *A mungsu Lem' weds 10 their con Qotion Amung all (means) 'amous the recoverer and the rest 'according to their due allotments moans after givios quartor oburs tú the recoverer the remaining (1) should be distrswafort by all along with him According to their shares Iu order being meaningless sa oon geo- ·85 AITAKŞARİ ), vi s tinn with 'recovery' and by reason of the unity of the sentence, he Alls uy the gap by 'in order the first part of the verse, 'laberited' Intaksra. . फमादभ्यागतमिति शेषः।४॥ HATE brawad, througb succorsion, marTa abhyagatam, como, inherited, tfà itu, thus, 379. pupul, remains, 19 an derstood 4 Iu regular suocession] Acre the word 'wherited' must be understood, Mildkörd तथा विद्यया घेदाध्ययमेनाध्यापनेन घेदार्यव्याख्यानेन पा यलम्य तदपि पायादेभ्योन दद्यात् । श्रजकएव गृहीयात् ।। aut tatha, bunlarly , frant vidyay , by learning, aarzaa vedad liyayadena, tog studying the Vedas , 197977 adhyaj aliona, by teaching, aerugrexaa vodeethu-vyakb) anona, by usponuding the musunny of the Vedes, &, por, agyud, alatevor, mas labd ham, obtained, at tad, that, af ar 1, also, greieru da, adoblyal, to the cubourg, 7 uu,uut, er dedgås, should give , *: Brjakab, kuyuirer, qeteva, odly , 26747 grihniyat, should take 5. He noed not give up to the co-boirs, what thas been gained by kun througli science, by, reading the Soriptures or by expounding their meaning the acquiror shall retain suoh gains. Balambhalla's glose 4 and 5 he expans t'na torta quatrain, we explaias 'amiang by cursetting it with only' (evo), by 'scienca aluno', by reason of the Dun Hosence of any proof aud being in 201301 with the text of other purit18 he gives 118 three meanings By reading the alrrptare' bo Dos by resson or its being principal He gives the ineaning ichst alsi this is the roading which 18 *pproved of This end others by the inlierent force of the terins, diz 'fatber", "bunself and kuusmun' eLC, reluce to the earning of one of the brithers in the cumplete ortu, ilarly the text ut deruda relating to the earnings by the exploits should be a dorstuad Later on, the waruinge made in Luis wag vill bo, huwever, considered 5 ·YAJNAVALKYA SMRITI 89 Mistakera अवच पितृद्रव्याविरोधेन परिकलित्स्वयमर्जितमिति सपशेर । अतश्च पिवद्रव्याविरोधेन यन्मनमर्जितं पितृद्रय्याविरोधेन यदौशाहिक पिवद्रव्याविरोधेन यरक्रमाायातमुद्धृत पिवद्रव्याविरोधेन विघया लग्धमिति प्रत्येकमभिसयध्यते । तथा च पितद्रव्यविरोधेन प्रत्युपकारेण यन्मैवम् । प्रामुरादि विवाहेषु यलम्यम् । तथा पितृद्रव्यय्ययेन यत्कमायातमुद्धृतं तथा पितृद्रव्यम्पयन सम्भया विषया यलम्य तत् सर्षे सधैतृभिः पित्रा च विभजनीयम् । ६॥ 073 atra, hero, cha, and, fransarfaida pitſidravyåvirodhera, without detriment to the father's property, 471*f7 yatkınchit, whatever; 797 svayam, by himself, aff arjitam, acgarred, fè iti, thus, *** farvatra, everywhere, Segah, uderstood, wa, stah, honce, thus . cha, and , faqg4 fairia pitridravgårı rodhens, without detriment to, the paternal estato , " yad,' whatover , A'maitram, from a friend afia arjitam, &cquired, farofattia pitſidravgåvirodhena without, detriment to the paternal estato, 3 yad, whateror , itatag aads&hkam, naptial, fanfara putridravgåvirodhens, without any detriment to the paternal property, without the father's expenses 47' yat, whatoror, AHTVR kram&d&yátsm, inherited property, नवृतम् udahritam recovered , finiftra piti drausâ pırodhrne, withont any detriment to the father's property, not by the father's openees Tran vidyaya by learning, ayad, iphatever, on labdham, acquired ftati. 90 prutyekun, with each momber of the sentenco, afirmavad abhisasıbadlıgı te, 18 connected ar "tat} A, similarly घ cha, and, पितृदएपविरोधेन pitſi dravya virodbena, conferred at tho chorgo of tho patrimony, orgeoiu pratyapakArena, as tha return of an obligation, yad, which : Aaz maitram, obtained from a friend, wengines Avgradi videga, in the marriage concluded in the form tormed Asura or the like, 91 yad, whatever, **99 Jabdham, is obtained, at tathe Brailarly Fogarasada patrı-dravja vyayons, by tho os ponduture of the fasher's goods, qa yat, whatever, arta kramjktam, bereditary, agar addhritam, recovered, it tatha, similarly, f67-1974 pitſi dravja vyagena, #1 the exponse of the ancestral wealth. ****rfa 731_labdhaya vidyaya, by the learning gained bg, nya, whateverou labdhom, obtained 874 tat, that, wit sarvam, all, ki sarvanh, by all, le bhratrikkid, brothers , fear pitra, by the fatbor 2.9 çks, and , fannalta rabloidiyat, *honld be givided 12 ·90 BIITÅKERA I IV.7 1 6 Horo the phrase "any thing acquired by himsolf, without dotr ment to the father's estate", must be everywhere understood and it is thus connected with each member of the sentenco, Viat 13 obtained from a friend, without dofriment to the paternal estate, what is received m marriage, without waste of the patrimony what is redeemed, of the hereditary estate, without expenditure of ancestral, properte , sebat gamed hy science without use of the father's goods Consequently, what 19 obtained froni a friend, as tho roture of an obligation conferred at the charge of the partimony, what 18 received at a marriage, concluded in the Torm termed Asura, or the like, what is recovered, of the hereditary estate, by the expenditure of the father's good, that is earncă by solenoe, acguired at the expense of ancestral wealth all that must be shared with the whole of the brethren and with the father, Balambhoita's gloss 6 Turugh the said explanation devoid of adjectivos or with all adjectivos 28 common, yet he shows it je favour of his VOTY with the object to heat on the subject Here end ete', 'here and in the original tezt he gives another erplatiation Anything (kashit) there 13 another reason 'only' (evem or lova) The third 15 mith Viow so be it conforin ly with the text of 2804 He means the remaini & portion after differe trating all the properties obtained from s friend to as iad down in the toit by reason of their being not partible And there fore' ho gives tho rosalt on its being understood everywhere 'congequactly the same is explained 10 aa opposite Fay, or the return of the obligation 0125ed at gront hostility or to the detriment sud conne quently made In the Brahms form of mariage thero 18 no detriment to the patr my far der the text be therefore sayo ' .. from tho Sgara form of uurriage, with the father', therefore they are mentioned dirigible among all Must be shared', thereforo tbore 18 a teletaboy of the subject of fertition He clearly explains the MOADIG of the Bediene, 'not similarly, but what 13 acquired with at detriment to the partiusong such as gilt from a friend, etc 18 Aot partible Anitaksra तथा पितृभ्याविरोधेनेत्यस्य सर्वशेषत्वादेय पितृद्रव्यापिरोधेन प्रतिमहलन्ध मिति धिभजनीयम् । अस्य च सर्वशेषत्यामाये मैन्न मौदाहिमित्यादिना लन्धायम् 191 aur tatbi, smılerly, thus ; faqat pitri drurg-virodhon ·other than friendly guit etc acquired at the expensa of the patrimony, sro mody diyablo, Brailarly the prings from the scceptance of gift being under the text the friendly gift eto obtained to the detrimentof the patro YAJ FAYALRFA SMRITI 91 without detriment to the father's estate, sa iti thas, uru asga, this (phrase), T-Team 88rya sepstyt, because of its boing onderstood every where #atra, here, fortfatraa pitr draryaron odlena with eat detriment to the father's estate , afah * pratigraha labdham obtained by simple accoptance , ,[fà iti, 80 fanalen vibhajaniyam, should be divided , E9 asya, this , & cha, and सवशेषस्वाभावे Barra sagatva bhive, if it were not understood witlu every member of the text > A matram, present from a friend, wat wudråhikam A dowry received at a marriage , Tatar ity&dinê, by this and the like, TUTT la bahawyayam, should be obtained 7. Thus since the phrase without detriment to the father & ostate" js in every place understood, what is obtained by simple soooptanoe, without waste of the patrimony, is liable to partition But, if that were not understood with every momblr of the text, presents from a friend, 2 dowry received at a muriage, and other particular acquisitions, need not have been spec fied, Balambhatta's gloss 7 It 18 not only understood att overy member of the text bost" at 18 understood with every thing declared impartible by ho texts of other Britis by reason of the unploation of the gift from friends ete Serurlarly tha gift from friends etc, are dipistole, so are others also 'Patrimony, some (ure of opioon) that it u also not (partible), 10 that case opon on get tiug at the right principlo as regards the gift from a friend dto and the thinge (doolerod impertiblo) under the other amritia by reason of the ansettled principle as regards the eaquisition by acceptance (volt) it is afioalt ta determine the correct principle there it may be therefore sard, to be implied by !!, he says, or on determination of the true pţiociple in the case of the gift from á friend etc the same principle applies' witb Patrimony", somewhere the reading 18 withost of it spears to be proper and in conformity, with the made of explanation, by the commentator, there 18 no sea toposting the moaning of the aeotence 1 pot independent, bat kiacha) is other the objoct of that medarug? the purport 18 already given and it 18 proper According to others the reading s'act thas(na tatla) por then, It is anderstood in the sacceeding of all spitalanlagt independently The meaniag 18 just 88 by pasop of deroval to the partienpo bolo eqnal force ·02 LITÀ EŞRA 1. IV. 8 1 7. ? 1B & andivisible. What he raeans is that the fitness for divisibility arises from the anrnings being made at the cost, though independently, by reason of that (to the deriment of the patrimony) being ondestood. It is not so, by reason of its being in confliot with what follows in the bovk and by reason. of its not keeping paco with the otaral tepoor thereof. It is to avoid the dofoot of iplapatti* on saying 'Iot it bo so'; if it be onid to be understood with it (avery member of the text) there will be independenco He, therefore, says to strengthen the above said view for (fear of the possibility of its being different from the friendly gut etc. under the maxin of 'Brahmaņa vasigtba't On that being coderatood by reason of the inherent lorse of the word eto , whatever is osrned without detriment to tho patrimony is indivisible Though it follows from the members of the sentence, yot gonerally like similar acquisition from the accoptance of gift, similar friendly gift oto, are proved to be indiviaiblo : the onu oration of the sowa again, is useless: it is his meaning. It is not the subject of the maxim of 'Brahmaņa Vasiştha'; it comes into operation when reason bat tho application is elsewhore. Here in the pferont case there is no difference of tho sabject (dealt with); others so he doubts the applicability. Mitakyra. अथ पितृद्रव्यविरोधेनापि यन्मैत्रादिलब्धं तस्यापिभाज्यत्वाधमैत्राविषचन- मित्यर्थयदित्युच्यते । तथा सति समाचारविरोध: विद्यालन्धे नारदपचनविरोधश्च ॥ कुटुम्ब विभृयाद्भातुर्यो विद्यामधिगच्छतः । मागं विद्याधनात्तस्मात्सलभेताश्रुतोऽपि समिति तथा विद्याधनस्याविभाज्यस्य लक्षणमुक्तं कात्यायनेन । परभक्तोपयोगेन विद्या प्राप्तान्यतस्तु या। तया लब्धं धनं यत्तु विधाप्राप्तं तदुच्यतइति । ॥ qu atha, now ; 797-4 faina pitridrarya,-virodhena, at the expenso of the patrimony; oft api, ovan s gyad, whatever ; #art maitrådi, gilts from a friend and similar gifts; Et tasga, of that sa 739147 aribhajgatves, owing to its not being liable to partition, owing to its being exempt froin partition ; A'TITA maitrådt-vachanam, montion of, or enumeration of present from a friend and similar other gifta; fà itithat: waarthasad, 15 pertinent ; fa iti so; gà uchyate, it is 1 * It is a party's statemont which turns out favourable to the opposite bido. It is like adm8s100. See yo sbsspatya. * cuftapata The mazim of the Brahmans and the mendicants. In sach & sentence as haar fansat: fatakia, the soparoto montion of. the lattor, who are really included in the former term, meroly emphasiat their position as a spBeibl part of the general body. It is thus tho orbot Parallel of the मोपलीव पाय and of the माझवसिष्ठ न्याय Jacon ·YAJNAVALKYA SMRITI alleged , wirela tatha satı, if that be the case, Arait fair gamichAra Tirodhab, o consistonly with the received practice of nnerring persobe, fautern vidya labdbe, as regards what is obtained by learning or science, an qaafattet. Nårada.vachana yirodhah, contradiction with a passage of drada , cha, and, grah kotonbain, the family , favore bibhrigát, woald maintain, Webhrátuh, of a brother, 6 yab, who faam vidyain loarning, ti udhigachatai, (of a brother) who 18 stadying science acquiring learning, RTTA bhagam Apart from TT vidja dhenat, of the wealth gained by acience , sah, ko, ma lalheta Toold obtain , * &gratah, ignorunt aftapı, even, though, sad, being, remaining, that iti, RO, aur tath, Aunlarly ferunt? vidy ahanayya, of wealth earned by learning, fa71969 a viblijyasga, of wbat 18 not to be divided , Ty# Jakpapan, the debration, Auktam, 19 Baid, warga katsayanena, by katy dyana, Hoita parabhakta upsyogena, while receying a foreign maintenance, faut vidyk, sowunce, learning, 181 1A, 18, acqaised wa angatah, acquired from stranger, Oto, but, ar ya, which , an tage, by that, mut labdbam, obtained. # dhanam, Waalth', ut yat, whick, ta, but, frut-vidys. praptam, obtained by learning, og tad, that, to achyate, 18 Bard, इति iti, 80 8 But, it is alleged, the onumeration of amioable gifts and similar acquisitions is pertinent, as showing that such gains are exempt from partition, though obtained at the expense of the patrimony Wero it so, this would be inconsistent with the recevod practice of unerring persons, and would contradict A passage of Narada "He, who maintains the family of a brother atudying science, sh u11 taka, be be over so ignorant, a share of tho wealth gained by science." Morcovcr, the definition of wealth, pot partible, which is gained by, learning, 18 80 propounded. by Katyayang. "Vealth, gained through science which was noquired from a stranger while receiving a foroiga maintenance, 16 tormod acquisition through learning." Balambhalla's gloss 8 But'), 'biso' (apa) is in the 88788 of 10 olasion of the preceding, 'exempt from partition by being indivisible at 18 In the fifth form of declension in the senae of reason in the form of resalt + It ·94 MITÄKSRA I. Iv .8. of mang ito sopport it. the reading for exemption from partition (avibhajgatváýay does not reqnire olacidation. 'Received practice of uberriog persona mwana 'not contrary to the practive sanctioned by the Bociety of the educated people.' When the usage (practice) is test by reason of the text that Broti* etc are each strunger than the following ones, it is in propar. The reply - is in the negative by reason not explaining the meaning As for example, the Antalment is an obstruction in the way; non annulment is 8 praforable role: onder it a weak rule does not sonal another weak (rale) but its operation comes into play whes there is a conflict snd no opportanity for its application. The conlist arises by two diferent roles at one place. But noch is not the case hero when there is accounplishment of an object) by non-ADDD)- ment, the annalmont is not proper; ander this role, the tort as regards a friendly gift shoald be interpreted a Bocordance with what we any : thora 18, therefore, no room for non-applieation. lo this say onder the rule to those who are afraid of meaninglessness”, the banulmont is what I atate, it offenda the customerg law observed by educatod men, Not only does it offend the rules of the society but tho gaino 'of science falling ander the category of the friendly gift are agar at the maritis also. In the gains of science means a share in them; he explains it. If the brother of one who is acqairing learning sapports his family, thoogh illiterate and ignorant, by being devoid of the Vodiclearning, he gets a share in tho earnings pade, with the learning Boquired by him; there is another roading, anuta' (socleis in piace' of abrata', illiterate) Here by stating the reason for sharing the eafa. ings on Bupporting the family (ol the, acquirer), sharing of tho goins of science is conditional bat not nataral by, reason of being a brother, 1f the object of the original text is that the wealth in the sbaye ol scienco acquired azykom 13 in reality indivisible, it contravanes the condition attached by Náradi. It follows that the divisibility or ind divisibility thereof is not natural; but it 19 indivisible if aogaired with out detrimeat to the patrunong and divisible when acquired to the detriment thereof. It is contradictory in foren bat in conclusion it is in confortuity with the reason assigned by Narada. Io the original the *pitri (patrimony). 18 apalaksana (agaocducho) if the object of Nárade is that the allotment ois ehsra in the gains of serience is ostarol, the condition attached thereto is mosainglon: So the learning acquired in nuy, way is not divisible in itself; otherwise on the indivisibility thereof dependog on the soquisition-971th at detriment to the patritaony, the indivisibility 18 proper i.e. the statement ce to the division thereof 18 irrelevant. By 'illiterate' if is inpliod that in the case of an illiterüle man, thore * See the Parys Muod p. 114 of Yul. XXVII and p. p.. XVIII-XX of vol. XXVIII of 8. B'.

·YÄJNAVALKYA SMRITI 95 18 allotment of a share, if it (learning) 18 &oqoired to the detriment of the patrimony , in the case of a literate inan he is entitled to it by reagoa of posseesing it and possessing learoing. Katyayana therefere, Bags A tuan who 19 literate shall nowhero share the gains of science with the illiterate, bat a literate may shall share them with those who are equally or moro loarned " Vardya neans iterato it 19 an exception to the stablished truth arrived at as to indivisibslity It will be clear later on By this, the foolish (Vanda's) statoment that thora 18 & contradiction betwoen N&rada and Kåtgårana is related by reason of the definition of indivi sibility given by Katyayana and the sabject (thereof). The commentator has also said to the same efect, otherwise the qualifying clauses bave no bearing In the same way the commentators'a conflict as to other than gains of science with Narada eto, ahorld be reconciled, 20 It lays down an extraordinary pricciple" in connection with the divided brother But there 18 8 role that the friendly gifts are always impartible and in the established truth the particolars have been Bpecified As exceptions so there 19 conflict "Sumilarly learning'3 'foreign' means by eating the cooked rice eto of porsods other than the father, foreign' other than tbe father to the earninge gainod from loarning noqaired without detrument to the petrimony froin a different porson Bre gains of acience, but not others and as such they are indivisible Any other acquisition 18, therofore, not gain of science aod 15 divisible It means that the conflict by reason of the intentiou of Kåtykyuue with the meaning 18 obvious Thoroforo eron without tho conflict with Narada's text by the con ct with Katyayana's toxt, the impossibility of the disaning and the absence of senso on that (with at detriment to the patrimony) being not understood, the dofoct of the meaninglesaneas is well establisted Gtalora तथा पितृद्रव्याविरोधेनेत्यस्य भिनघाक्यत्वे प्रतिमहलब्धस्याविभाज्यत्वमा- चारविरुद्धमापद्यत 11 tath, bmilarly, fotarinia pstrı dravje virodhons, without detriment to the father's estate fa iti, , Easya, of this, Freire bhinna VÅkyatve, if it be a separate sentence, ofan TOR pratigraha. labuhasya, obtained by acceptance, afhTST24H Syıblajatyam, boing exempt from partition siffat achviraddham, contrary to established practice, 10 &pedyet, would be 9. Thus if the pbrase "without detriment to the father's ostate", be taken as a separate sentence, any thing obtained by * See at p XX1 of yol XXVIII of SBI for its exploration ·96 MITĀKŞRA I IV 11. moro Acooptance would be exempt from partition, contrary to establisled practice. Balambhatta a glon 9 Be points ont another delect, 'thu9] 'acceptance', by 104090 of *withont decrimant to the patrimony', any thing obtained without detriment to the patrrmans under the prevraas rala as acceptance of gift wade for invisible purpose, clarity and donation, even if earded without any detraent to the strony, becomo impartiblo , this 18 contrary to the practive of the elders The friendly gifts, the subject of all sorts Acquired with or withuat detriment to the patrimony, being twofold, the divisibility of thelacceptance of gift (pure and straple) is, therefore, in conformity with the practica (costom) The soustance 19 that there 11 Dowhere prohibition laid down by the Britio as to this, hko the earning made by ffoisting 49 priest or teaching Atakurd 7 पतदेव स्पष्ठौरुतं मनुना । (०६० २०८) अनुपालन पितृदम्य अमेण पदुपार्जयेत् । दायादे यान वहयाद्विपया लब्धमेवचेति । १० ॥ 97%etal, tbus, gatavs, vers, iadeed, their psp kritam, 18 made •pident . ET ID&DDDA, by Magu 9999 anupaghoan, witboat rung, without using, fagoge pitsi draugam , father's wealth, ia &ramena, by him laboor, yad, whatever, arta aporjayot , pould oaro, TITERT dAy Sdebhyah to the coparcebers, 'na, not, tad, thot, qui dadykt, slould gi-e, fast vidgad, by meros of learning, labdlam, obtained, taeva, indeed , « cha, and, fa itu, tku. 20 Th19 (condition, that the acquisition be without detrimont to the patrimons) is made ovident by Mapo **bat a brother has acquired by his labour, without usiog patrimony, bo need not give up to tko co-leirs, nor what das boon gained by вселсе“. Alitakaard भ्रमेण सेपया युद्धादिना । ११॥ to frames, by labour सेवया Bayaya, by IOTTICO, geniet Yoddhadık, by war and the like 11. By labour. Dy sciende, war, or tho liko 3 ·YİNAVALEYA SMRITI 97 Balambhatia's gloss 10 and 11 *Thua') means the friendly gift etc earned without aay detriment to the patrimony , ilhoat injury' m9218 with ut using' hero the meaning of preceding part of the stanza is clear By change of docloasion in without injury, it comes to this that a person wh» does not use the patrimony in both the accuisitions made by his learning and by othor means mentioned previously shall not share them with his co harors, from this, it follors that what is earned mithout detriment to the patrimony in the shape uf loss of the fathor's conoy, by means of learning or labour is indivisible whon such is the case with the wealth acquired by learning, which falls ander the category of the friendly gifts oto, a forlours the same applies to the friendly gift by implication (apalaksaan) In Manu (IX 208) 'whateror 13 obtained by one's effort shall not be kivon with at his will The reading of the last part of the worso is to the effect that whatorer 18 earned with labour being, desirable as for example friendly gift, shall not he divisible among brothers at ho (tba acquirer) 18 anwilling to do 80 This reading of Modbatithi and Kalpatara is not proper bg reason of giving rise to the defec. of the conflict with many emritis lahdam tana', the later reading 14 still more lo profer or it may relate to the ancestral priperty Irving thus stated the rainainder of the brothers' Blibres 'smithout injury', as auid, should be understoon , 'ete' conveys agriculture etc. By the tiro terms without detriment to the patribuny eto, the earnings of a brother as the friendly gifts etc shall not be shared by others, for the word father inclades other cu sharera This shows that they are not oarnings of the father and others T 118 ]ractico (castoin) 19 based on brotherly alloction or personal skill, or soen elsesboro similarly, it is founded on at In whatover 18 on tho father' (11 201) the mosning of bang is this. From the toxt of Maat, the should protect the song (ut the fathor) liko the father' 1X 209, the younger brothers have Fikht to the proporty of the elder like that of the father and son with this difference that the paternal property even the illiterate have a share theroin kat in the elder brother's acqaisition, only the literate brothers are entitled to it It appears so from the phrazes such as a the death of the Cathor alder brother', for the youngor brothers', and protectors of learniags', (IT. 20-1) It 19, therefore, related that whateror ca nou jointly bocomes the property of those who are other than joint (separato) .s ind protionsly, by reason of the aselessness of whatever'. Mlalar 1 मनु पिण्यापिरोधेन यामैत्रादिसाधं द्रव्यं तदषिमाग्यमिति न पवण्यम् । विभागप्राप्त्यमायात् । यन लम्धं तत्तस्येय मान्यस्येति प्रतिस्तरम् । माप्तिपूर्वक्से प्रतिषेधः १२॥ 13 ·MITAKŞARÁ 1. IV. 13. ag uana, not indeed, is it pol, fazepatria pitri Hraryårirodbena, withont detriment to the father's property ; 9 yad, what; Half matrådı-Induhan, obtained as a present from e friend, and similar progonts; 797 dravgam, vealth ; tad that, *FTE eyiblajyams -should not be divided; fa iti, 60; 77777 vaktavyan, it should not be said ; ft- HÀ-TIT vi blåga prapti-abhåret, since thore is no ground for the supposition of a partition ; 96 yad, which; Bar yena, by wbom, on la búham, acquired, na tat, that; ac tanga, belongs to that persoa (tho aoquirer); 5 OYA, indeed, only ; 7a, pot; 777 anyagga, of any other parson; fatiti, so, this; iamata prasiddha-taram, as well. knowo ; Afer pràtipůrvakaḥ implying the possible sopposition of the contrary, a cha, and, lagar pratişodhab, the denial. "12 Is it not annecessary to declare that effects obtained as prosouts from friends, and other similar acquisitions mado without using the patrimony, aro cxcmpt from partition : since there was no ground for supposing £ partition of thom ? That whut is acquireil, belongs to the acquirer, and to no other person, is well known : but a denial implies the possible supposition of the contrary. Balambhatta' gloss No, it is not proper ; in the ancestral and paternal property on bo pun's baviay & proprietary right from the burth' and on his baying no such right in the earnings of his brother, at 18 common-place knowledge that whatever brother gets as a friendly gift etc. is his earning), dues not forut yart of the peptible property and is not divisible thcrefore, says with a view to show the irrelevancy of the prohibition relating to it "Is......patrila on 7"] , he gives & reason for the absoul wf # rule for partition) ; 'that', because otc: the meaning is that therm 110 propitetary'riglit (in the earuing) of another. He assigas #puthur reason for the absenco of the role; baviag', 'and' (cha) 19 in the engo of bocauso, "12 Mit akşard नन कश्चिदित्यं प्राप्तिमा । यत्किशिपितरि प्रेते धनं ज्येष्ठोधिगच्छति । भागोयवीयतां तत्र यदि विद्यानुपालिनहति ज्येष्ठाया कनिष्ठोवामध्यमांवा पितरि प्रेते अप्रेते पा यचोयसां वर्षीयसां चेति व्याख्यानेन पितरि सस्पसति च मैनादीनां विभाज्य- त्वं प्राप्त प्रतिपिश्यते इति १३॥

·YAJNAVALKY A SURITI 99 HTare, here, s kaśclut, soma body. Pre ittham, thas, stran preytım, grounds for supposing a partition , 316 Aha, states ; halat yat kichit, whatever, fuaft pitari, if the father; sa prete, be dead w dlanam, wealth , 3, jye thak, the eldest, wfiwfit adh gach chatt, obtains, HID bhag&h, a share, TRIL. periyasita, of the younger ones, as ta'ra, there , fe yadı, af, faurgula vidy Alojalinah, such as have dalg onltivated science, fa itu, 80, stei igeşthali, the eldest , ar p&, or, at kamuşthsh, the youngest, a vå, or, **** madhyamah, the middle one , & vi, or, fafts ar pitar prete uprote Vå, whether the father be dead or not dead, यवीपसाम्, yavi yasâm, of the younger ones, ETH pareigasam, of the older ones , cha, wol, gfa itu, 89 , raraa vyakhyanena, by explanation, by interpreting, faat masafa pitart satz &s&E Thether the father be alivo or not, cha, and , Aattan maitradinâm, of the persent from a friend and similar other presents , faisant vibhagyatvam, being Trable to partition , A prAptam, being Bopposed wafruga pratigidhxato, 18 donlod, fa iti, so. 13. Here a certain writer thus states grounds for supposing 1 partition. By interpreting the text, "After the denth of tho father, if the eldest brother, acquiro auy wealth, a share of that belongs to the younger brothers provided i bey hare duly cultisatod Boronco", in this manner iſ the eldust, youngest, or madlemnost, acquire property beforo or afuer the duatlı vt the Inther, shara shall accrue to the rest, wholher youn er or older, grounds do exist for-supposing friendly presents and tho like to be liablo to partition, whether or not the farlier be living that is accordingly denied TlOW "Hero Bunte Balambhalla's gloss 13 In order to find far with the view of me who hold. that even ibo affochionato gifts eto aro pertibie, ko giver les one'), he citos the test of Mana which favoars i artition, 'shatever'] 'scquire obtaid, 'there', in the wealth , 'prurideu l)uongest, caldia valou science' mesos patruo of tentang or leart d nen'. there is an. other reading 'full »wer learning' from the tuu, b quatrein is follows that if thoy are illibarato, thoy earnings shall tlaua te uot divided. Su say, Goalana (X871/1-28). "A literate shall not Blara hia arsings with the literato (or biors) willingly." Narada also Day.

·100 MITAKIRA I. IV. 14. i "A literale person shall not allot & share of his wealth illingly to the illiterate (brothers) provided he has acquired it without using the paternal money". Katyagåga has already been cited. By explaining this text, ho 1838 that they all point to the divisibility of the friendly gifts etc; for the oldest'], the term 'eldest 'inclades all the three; the term 'youngest' includes all the elder brothers. After the death' (oven before the death, Bo two poriods are fixod. If any brother other the the oldest obtains wealth anyhow, he shall have to allot & share therefrom to other bro. there either before or after the father's death provided they are literate; in this sonso, the friondly gifts etc. are, of course, divisiblo. This rulo) is prohibited by the paternal money'(the last proviso). Milaksard तदसत् । न बय प्राप्तस्य प्रतिपेध । किंतु सिद्धस्यानुपादोऽयम् । लोकसिर- स्यैवानुवादकान्येय प्रायेणास्मिन्प्रकरणे वचनानि १४॥ Fi tad, that ; a asat, is erroneous ; * na, there is not;F ki, since; Ha atra, here ; praptasya, of what might be opposed , lagu: pratigedhaḥ, denial; ma kint, but ; facet siddbagga, of what is domonstratively trae; Harg: angråds”, recital ; 24 ayam, this ; ereraer loks-siddhasya, of what is autorions to the worlu; greva, only, indeed; waaraa anuvadakâni, recitals; 5 ore, indeed'; o prayons for the most port ; aftat asmin, in this ; satu prakarane, section, ander (tbis) hood. 14. Tho argumont is orroneons ; since there is not here, denial of what might be supposed ; but the text is a recital of that which was demostratively true : for most toxte, cited under this head, arc mcro rocitals of that which is not notorious to the world, Balambhalla's gloss. 14. The original in an exception to the impartibility of the friendly gifts to established from the old custom but not in the nature of prohibition, so that there may be a necessity of the rale Kooping this purport in view, ho by removing tho doubt relates that yio. "Tho argument is er roneons,'] 'hero' in the matter of the affectionate gift, it means not only bere lutelserhero alao, by the first 'eva' (only), the distinction is mado with the rale of the Scriptors and by the second 'eya' (only), the distinct. ion 18 made with the prohibition. Le says with a view to state other price some where ; 'generally'.

·YAJNAVALKYA SMRIT 101 Mataksed अथवा समवेतैस्तु यत्प्राप्त सर्वे तत्रसमांशिनातिप्राप्तस्थापनादहति सन्तुप्यतु भवान् । मतश्च यत्किञ्चित्पितरि प्रेते इत्यस्मिन्वचने ज्येष्ठादिपदावियतया प्रातिरिति व्यामोहमान अतोमैनादिवचनै पितुः प्रागय वा विभाज्यत्वेनोतस्य यत्किञ्चित्पितरि ते इत्यस्यापवावरति व्याख्येयम् १५ ॥ iu atbaya, or, en snapetaih, in concert, I to, bat, 49 yat, wbat, aigu praptam, acquired sarve, all, agtatra, in that acgaia trou, tratar mamámbinah, pertakors of equal shares, la atı, so, this, Ararea práptasya, to what is suggested , *991 apavadah, an exception, भयम् ayam, this , इति ti, $0 considering, considering it 88, T9643 santusgata, may be satisfied , 717 bkaván, you 877 atah, hence, cha, Bnd afaa yat kinchit, whatever, faaft da pitar prece, when the father is dood, glà iti, 80, BfHT 88min, in thie, a yaclane, passage , Tic-w714erat jyesthdipadávıvaksaya, from an indefinito uroport, of the word 'eldest', sifa praptih, to deduce the suggestion, efa atı, thig , ETTE-4794 vyâ moha mátram, A mere error, ai ntah therefore, Harga maitrAdi vachanh, froin toxts con cerning friendly gifts and the rest , fagomma patuhprågaidhvan before for after the fathor (no hi doath) fa7a42aa vibhajgatrons, as belog liable to partition, Tuktasga, of what is spoken , affaa yatLzBichit, whatever, faftsa pitàrı prote, when the father is dead , gta iti, thie, अस्य BBya, to this, अपवाद sparadah, an oxception , इdि th, so , म्याख्येय vyakhyoyam, should be interpretod 15 Or you may be sa isfied with considering it as oxcoption to what is suggested by another passagy, "All the brotbron shall be equal sharers of that which is acqu red by thom in concert' and it 18 therefore, a mere error 10 deduco the buggestion from an indefidite import of the word "eldest" in the toxt before orted ($13) That passage must be interpreted as an exception to the general doctrine, deduced from texts concerning friendly gifts and the rest, that they are oxempt from partition, both before the father's death and after his demuse Balambhatta : gloss 9323 Let it be a prohibition, the same result is obtained from other an 15 ·102 MITTÂKŞARÁ 1. 15. 16 texts (also), but not by tho above said mode (alone) :ho says so on the authority of the maxim of 'तुपतु दुजन' (lot & Tioked man be satisfied)*. "Or'); he cites a test from Brihaspati ; 'by all in concert', it is ploral to include all. He, therefore, says, 'all'; 'there', in the posith; here is also no proof : so he says, 'therefore' by rensun of the rogait arising from thy, (apponent's) v latinocy, 'Eldest otc-'; he mans as there is no reason for inappropriatenoss the authority (proof) is clear. Io says the sains, forror'; What will be the result of the established principle; so he says; therefore' means los resson of the possibility of the Copponent's) above-said ineaning. of the father', dentlı is understood ; it is to distoiginslı it from indivisibility: 'of the above vited', of the affection sto gilt: by 'il is moant by this'. On the death of the father, the yoga, er brothers get shares in the marning made by tho older brother from the friondly gifts ato. provided they are literate; it is what he meads So if the elder brother earns weal!h by learning etc. acqpired witlont detriment to the patrircony, the younger brothers get shares therein pmvided they are engaged in acquiring kooslodge; so aay Kalpatnrg and Medhatithi. S siso it should be understood to be an exception to the above said-rul, laid down by Katyayuno. Bildkard. तथान्यदप्यविभाज्यमुक्कं मनुना । (.६ श्लो. २२६) पलं पत्रमलङ्कारं कृतान्न मुदकं खियः। योगक्षेमं प्रचार उन विभाज्यं प्रचक्षते इति२६॥ ar tathe, similarly : Wenyed, other things : wapi, also ; wfTs avibhajsan. •xempt from partition ; a ullam, is said, aga manana, by Manu ; 789 vastram, clothes ; 896 'patraua, vobicles WTTT alunkáram, ornaments; aius kritandam, prepared food ; 59 60 akato, wator, fri striyah, wuinea ; FIT-ig yogakoornam, sacri. fices, and plus acts; par prachiroin, a common way; na, nos; funt vibhajyam, to be divided; taga praclaksate, they say, are decixred. 16. Other things exempt from partition, have been enumerated by Maun, "Clothes, vehicles, ornaments, prepared food, yomon, sacrifices and pious acts, as well as the common way, aro dcolared not liable to distribution, * The inanın is ased where even on admitting tho antenable positron of an oppongut, anuthor defect can not be cared.

·YÀJNAVALKY A SPIRIT 103 Ralamukalla's gloss 16, He sete 991de the defeciency, other thinga') there is another wrnor reading 'atha anyat, by 'als (np) "Wealth acquired by ono bo cores his own self acquisition, silsily, gifty made the frond, a bridefronth, or a guost This is the substance wvliet 19 obtainod by a great ont of respeut Are declared ] 'bouky', the reading according to Yama (Manda) hy reason of the approval by the commentators, Kalpataru and Mediatitli etc is to be disregarded Mulaksra Vतानामेव पत्राणामविभाज्यत्यं यद्येन धृतं तत्तस्येव । पितृभूतानि तु पितु- कचं विभजतां धामोत्रे दातव्यानिः । यथाह वृहस्पतिः । घनालङ्कारशय्यादि पितु- र्यद्वाहनादिकम् । गन्धमाल्येः समभ्यर्य श्राद्धभोक्ने समयेदिति । अभिनवानि तु घस्त्राणि विभाज्यान्येव १ ।। vatart dliſtându, of thoso that aro asod or worn, ga ova, onls. indood, Farora vastraram, of clothes, ufanitza avıblajpatram being not distributed , ta pad, which, येन yena, by whom , va ahritam, worn, at tad, that , ABT tasya, belongs to the same one , ova, the very, the same , Fougarf pitſidbşânı, those that had been worn by the father, ta, bat, fogata pituh druhvam, after the father, Fanart vibhajatårn, by brethrea parting Src-fi sraddha bhoktro, to the person who partakes of the food at tho obsequies, gratuita data vyânı, should be given, 4 yathậ, 29, aha, directs , tarola: brihaspatiḥ, Brighaspati, aiztif vastrâlan kära sag gåds, clothes, orna zats, bod and other articles, for pituh, the father's, ar yad, which, Tule vabapädikas, vehicle and tho liko , **A4 gandha mAlgach, with fragrant drags and wreaths of flowers FRX780 samabhyarchya, after worshipping them, perfuming them zł braddhabkoktro, to the poreon partaking of the food at the obsequios (of the fooeral ropasts), ATT samarpayet, should give, faith, 80, aftarla abbonavani, now, tu, bat, aga vestrâni, clothes, faisaifa ylblajgânı, are vuoject to distribution, teva, indeed 17. Clothes, which have been worn, must not be divided. What is used by each person, belongs exclusively to him ; and what had boen worn by the father, must be given by brethren parting after the father s decease, to the person who partakes of food at bis obscquies as directed by Brashaspatı, "I he clothes and ornaments, the bed and similer furniture, appertaining to the 2 ·104 MITAKSRÅ I IV 18. Vior of father, as well as lus velvole and the like, should be given, after perfuming them will fragrant drugs and Treaths of flowers, to the person who partakes of tho tuneral repast" Butnev olothcs are subject to distriüution. Balamlhatta's gloss 17 He explains 'clothes' eto in order, which have been worn etc) in the original text, the Bilgular 15 osad to indicate the same 8pcoios , by tbre, the anity of oluthos, policlo, wator 18 meant, tho clothes should be of equal price not very precious, it refates the Medbatıthi and Kalpotera by reason of tho qaalifying clause tu the object IR TIO 'Porn clothos and ornaments'from Katyåsana mokos ut common to both With this objoct in viow, ho says, 'of the worn only' by tlus a d19- tinction is made with the unworn 16 e 17 connection with tho soba; "what's t 18 also well known. He says in connection with the father, 'Inther', aftor father's death , 'after', by thug, it 18 suggested that if partition took place dering his life time, the father shall lako them as his sbare •Part- 178', andor foptionally of the 4 in the nominative'* (Pad10 11-3 71) 19 10 the gantire CR80 in the nominative sense That ntc of the fathor' 10 con. nected with all that', etc 'inoludes other paraphernalia 1t 18 the right of tho parson ho partakes of the laneral ropast in the worship Tko priest who partakes of the finoral repost' :a in singular by roason of its applying to a claus, it applies to the whole prioatly claas aa roprosentod He gives tho resalt of the explanation, 'ner' by lurm taksa पत्र पाइनमवशियिफादि तदपि योनारूद तत्वस्यय पिन्यं तु पत्रपदेष । अश्यादीनां यदुत्ये नु तद्विययोपजीयिना पिभाज्यत्यमेव । चैपम्येण पिभाज्यत्वे ज्येष्ठस्य (१०६सो० १९९) अजायिक संपशफं न जातु विषमं भजेत् । प्रजायिफ सैकशफ ज्येष्ठ स्यैव विधीयते इति मनुस्मरणात् । १८ ।। TR patran, vohicles (patram, moans), TEHA Tâharan, rohicios ; wstuff Agro sibikadi, borsos, Iittors de, x tad, that, we api, too, sod, which, a gede, by whom, TT Aredbam, riddon , nie tat, that, ett tags, bu, g8 07a, on's, indeed for patryan, tho fathor'e , o to bat. *17 Tastrorad, liko clotbos, gyors, in dood UHART diradiaam, of horses and othora, babatro, if these bo & # explssattua ja Pallap sus of te Peclat palkatten ·YAJNAVALKYA SMRITI 105 ► number , ta, bat asfatatframe ted vikraya apajivinára, among those who livo by the sale of them fraq vibhajgatyam, liability of being distributed , 99 evs, indeed 491 731şayers, owing to inequa lity, the member being uneqaal, famiglia bhajyatye, ih being distriuz ted, saget jyoșthasya, belong to the eldest , unt** Rjåvikam, . angle goat, a single sheep, Ama saikašapham, with a whole boot, or with a uncloven hoof, na, nat, 19 jata, indeed never, fartin V19amam, an anoqual, & singlo ono Ha bhajet, should divide, aa54 A, uvikam, a goat or & sheep. Artiq sa kasapham, an actoren beast with A whole hool, Tu Jyesthasya, belong to the eldest, frota vidhiyate at 19 proscribed that, fàtı, thus, AGERTUTI 1080x smaranåt, becauso Manu has ordained 18. Vohioles ] The carriagcs, as borses, litters, or the lako Here also, that, on which each person ridos, belongs exclusively to him. But the father's must be disposed of as directed in regard to buis clothes. If the horses or the like be numerous, thoy nust bo distributed among co-hers who live by the sale of them, It they canuot be divided, the number being unequal, they belong to the oldest brother, as ordained by Manu , "let them never divide a goat or shcop, or a single boast with unolovou loofs a single goat or sheep belongs to the first-born." Balambhatta'r gloss 1B The aynonyms of "patra' (vebigle) are at, erat, gut, 97, WITOR according Amara Sinha (1 858), similarly patra means both conveyanco and leaf (Amer III 3 179), ho supports it by quoting from the dictionary Carriage' ), 'ur tha like, con vog ancos eto like tbe clothes should be given to the priest who partakes of the funeral repast fe gives a specicul case, of the horses', animals it 18 ia tho 6th form of declension 10 tbe sense of the aorminative case 88 before, when they are many, they should be distributed amongst them all of the first born ) t mours that at "alls to hın 89 hia share , here the unequal share is to make up the entirety but not for the unevenness 1 hus by giving on to him of the nu bor ia oven, in ordor to make up the total of the shares they should be 8. allutted by them When there is an odd number by ronson of the indiri sibility thereof equably among all and by being aot capable of conversion late money on Accugnt of the prohibition of sale, tho alares should be ·108 AITAKŞRA 1. IV. 18. og alts made and that which is over and adoro chers in the shape of a horse ato., aliould be allotted to the eldest alone. 11 that is not practicablo, the whole should go to the oldest. tor Ozonple, the horses are foor bat the bons are threo or 'Bro; In this case there is a glaring diopority No TRBADS that it it be accepted, there will be h conflct with the texta of many smritis, the same rule applies olsewhere Fla cites an authority in support olindivisibility. 'A goat or a sheep') it is dwanda compound to indioate "Ah bingle of iv, divido' allut; he assigue a roason : a goat'), therefors eto. 'Patra' tonns ang money onterot in a cocainent; "monog entered in a deed and set apart for a charitable purpose, water, Comales and heridiary oorrody." "Kat; dyana. Lechuu disclose the (assets) after the sala of clothes and ornaments and paginont of documontary dubts and Oon version of the propered food into the unpraparodi-Kalptara cating from Brihaspati's smriti. vitalsr8. अलद्वारोऽपि योयेन धृतः स तस्यैव । अतः साधारणविमाज्यएय । (मनु० अ०हलो०००) पत्यी जीवधि या खीमिरलकारोवृतो भवेत् । न तं भजेरन्दायादा भजमानाः पचन्ति तइति ॥ अलङ्कारोधृतोभवेदिति विशेषेणोपादानादघृतानां विमा. ज्यत्य गम्यते । १६॥ 77 mlnkaraḥ, ornaments; we api, too. : yah, which ; yana, by whom, vai dhritaḥ, as frorn ; As sob, that; #47 taugs, his ; 98 v*, indeud; andhritsh, which is not usol, not worn; EUR: *Adharapah, is coming ; (417.g4 vibhajyah ova, mast bo divided ; a patran jifats, while the ho-band is bring; yaḥ, which : fa: tribhih, by yomon or wiyos; i slankársh, oranmonts; I dhfitah, usou : 277 bhatet, vould be: # ne, not; a tam, that; hier bajoran, lould divide; Fiorgt då gada, koirs ; 29121: bhajananth at they divide, wala palant, they fall, are dograded from their tribo; fatı, 40, HR alaikirah, an ornament a vi dhritah; woro, uod ; *** bhayet, & it would bo ; sfa 141, so, thus, fantasti3T visegona-op.. danåt, by the ajo of thin opithet, by the condition apocílied : UTATI dhpitis a, those that are noged, fenTa ribbdjyatram, liability of being dridgủ, gà State, 18 đẹp. 10.. 'The Ornameots woru by each person arc exclusive'y his, Bul what has n3t been userl, 15 com non and liable in partition. "Juchi ·YAJVAVALKYA SURITI 107 ornaments, as are worn by women during the Life of their husland, the heirs of the husban I shall not divide among themselves; they, who do so, are dezraded from their tribe' It appars from the conditio i here specified ("such ornaments as are worn') that tho e, which are not worn, may be divided. Balambhatta's gloss. in com- 0777 19 in the original it 18, as usual, in neuter, he sage with an object, 'ornament'] 'worn'], here overywhere 'bhrita blo.* 18 another reading, the meaning 18 the same "The unworn' 19 explained, 'na divisi ble'] mbhajya is an incorrect roadıng, althouzh under "aq, 6787 parison of two and division" (P V 3 57),* by npata it a curruct only in the ablative case, but zowhere else 1t may he asked similarly bg droppiog oqa obtained ooder "generally oczt and ET- affixos" (11- 3-113)f how can brbhazya be formed? The roply is that it 18 correut by roagon of its onding in & vowel ander ‘after vowel, a' (PITI There is no difference of meaning by reason of laying down tlic pru hilstod, a root form of the verb 18 made (Dusitive , 60 unde: In tot ending in fot in the state devoid of is being cusative, bouumos pomina tive in the sense of non meditation' (1 3 87)$ (it 19 proper) by roagon of the support given by Hà ita Bat nipatas and othor obstrautious aro nyt proper by reason of 'ku being ansvordable m 'nyat' and the ubsence of the support thereof By this, the statement of Haridutta to the effect that the correct use of the term of 'vablay in the smritie 18 doubtful, 23 refuted Ele cites Mann, 'in the husband' anil hy the women are figures of *ynechdoche, therefore '..oach porann, 19 exclusirely his' sh uld b, understood nut against the pralediag surt of the bouk • here, there is an aathority for the spousal role , ornament'], by the "wors and similarly situated at the time of j Artilrou should not be allotted to shuros to the sons', bat she should put it on & share of her hasunu It the follows as a matter of invisible in foronce that what a wile has poti during the life time of her husband, shall be divisible after his death ti' meat + See for farther olacidation at P 961 of vol 1 ol Paniai + See at P. 424 lbid 1 Ste at P 383 Ibid, $ Sao at P P 119 uf volt of Pàgia i ·108 MITÄKŞRA I. IV. 21. By this, tbe ipdivisibility thereof for all times is related, there is on the other hind degradation on appropriating it out of avarion for its beanty. Hy saying while living' there is nothing wrong in appropriation after death by anothor; the statomont of Yana is set aside- Mitaksra. कृतानं तण्डुलमोदकादि तदप्यविभाज्यं यथासंभवं भोक्तव्यम् । २० ॥ Farm hşit&anain, prepared food ; Ages tagdula, boiled rice; Aigare raodakadi, sweetmeots obe; at tad, that ; az, api, too; 1947 avibhájyam, not to be divided ; TAM74 yatla sumbhavam, according to circumstances : 1244327 bhokteygam, is to be used, consumed. 20. Prepared food, as boiled rice, sweet cakes, and the like, must be similarly excmpted from partition. Such food is to be consumed according to circumstances, Balambhalta's gloss. 20 Propared food', here is no karmadharaya by tangon of the word 'krita' being ngoless, but it tnesos made from eatable star' liko "Tajadnota eto," "The word "anna" (establo), is a compound word and means anything it for it. Boiled rice and areat cakos' mean tha ameetreat balls made thererof, and the like', cakes otc.;'according'. bat etc, similarly in the following. उदर्फतवफाधारः पादि. राय विपमं मूल्यबारेण न धिमाज्यं पर्यायेणोप- भोकव्यम् । २१॥ 35% adakam, water ; 1 ta bat: T: adakah Arab a reservoir of water, auff kaj adıḥ, wolls etc., as tachcha, and thas, funny vigtinara, unequal. (to the allatment of sharo), 170 milya-de&rona, by means of the value; vào pary 8, ons by turns ; Tot apabhaktayyam, should be used. 21. Water, or a reserroir of it, as a trell or tho like, being unequal to the allotment of share<,) must not bo distributed by means of the value; Irut is tu by used (lıy lliu cu-leirs) by turos, Billa mihalta's glors. 21 'Onequal') by this, the dirition is raggested in oqoal allotment, ·YAJNAVALKYA SURITI 109 61milarly in the follnwing also for tho said reason, ho, lays down the mode of uso , 'valao' similarly in the following also Mhtakerd लियवदास्याविषमा न मूल्यबारेण घिभाज्या पर्यायेण कर्म कारयितव्याः । अवस्खास्तु पित्रा स्वैरिएयायाः समाअपि पुन विभाज्या लीषु धसयुक्तास्वविभाग' प्रति गौतमस्मरणात् । २२॥ fau: atriyah womon , cha, and, FET disyah, women flavor facit tibamál, unequal to the painbar of shares) o da, pot, Hapana mulys dvårena, by means of value, RHIFT: vibhAjpAh, shonld not be distributed, au pargigena, in torns karma, work #rafaquar k&rayı tavy&b, should be made to work, 161, arsruddl eh, kopt in ooncu. binnge, 1 ta, bat, fut pitra, by the father, rafraziu svairinyadyah, adaltresses and others, AT: Aamah, egaal (to the shares), of apy, even though , gi putraih, by the suns, na, not, fara vibhajyah, be dıvıded, fear atrışu in the case of women , TT samyuktåso, that were connected, WART? aribhagok, no partition, stą iti, Titara ficura gautamas erant, because of the text of Gautama 22 The women or fomalo blavos, being unequal (in num. ber, to tho sharos) must not be divided by the value, but alould be employed in labour (for the co-heirs) alternntery But women (aduitresses or others) kept un concubinage by the father, must not be shared by the song, though equal in number for the text of Gautama forbids it "No partition is allowed in tho caso of women consccted (with the father or with one of the oo hers)" Balambhatta's gloss 22 By reason of mentioning 'alaves' out of fitness, he states a special rule suggesting the resalt Women kept in concubinage' means kopt by the father, he defines them, 'adaltresses', by 'api' the uneqari 18 also included He gives an authority in support of even their equal number Women connected' means enjoyed' or 'kept", umilarly the otbor reading, it means that they should be maintained like mothers By the prolibition of the divisibility of the kept women; the married females are a forturi excloded by this, the description, thereol like the femalo slaves given by Yams etc and the application of it to others according to others are set aside, because both bre to claded by a son of ample authorities It 1 (rule) of equsl appliostiod ·110 MI TÂKŞRA I. 18. 23 Ditakia. योगश्च क्षेमश्च योगतमम् । योगशन्देनालन्धलाभकारणं श्रौतस्माताग्नि साध्यमिष्ठं कर्म लक्ष्यते । क्षेमशब्देन ल धपरिरक्षणहेतुभूतं यहिवेंदिदानतड़ागराम- निर्माणादि पूर्त कर्म लपते । तदुमयं पैतृकमपि पितृदयविरोधार्जितमप्यविभाज्यम् । यथाह लोगादिः । क्षेम पूर्व योगमिष्यमित्याहुस्तत्यदर्शिनः । अविभाज्ये च ते प्रोके vaata àrait erat: yogah, yoga, cha, end ; #: hşorcaḥ, kşoma ; OTTAA yoga tatouin, the conjunctive word yoga Lşınam. Ata yoga sasdega, by the word yoga; 394-14-170g alabitha lâbha keranam, the cause vi vutaining kornething uut ulready obtained a traffAATOR &racta smärta ogni-sadhsarn, to be perforiged with fire congouratod according to the Vedas and the law; GPR stani; sacrificial, karna, ect; Esam Jakşgate, is deputed; hura hoomas Sabdons, by the world I geusan, 20-TAHOT4+ labdha-porirakçņa hetubhàtan, which becomes the manus vf conservation of what has been obtained, afcäfera bakirvode. dann, giving of alms elso here than the altor; USTETTA Graaf tada. grå ruanirult, the making of a pool or s-garden or the like; gan purtam, auspicious, karma, acis, metalnksgate, 15 denote?; aptek tad-aldagai, buth those ; 8227 paitsikam, appertaining to the lacher; aip api, thougla; fotE syftimafia't pitſi.druysa-prodb árgıtanyaccomplished at the charge of the patrimony; Befa api, though; af avibhajyam, must not be distributed ; 40 yat) &, as; e áha, declares ; ima: tangAkpıb, Laagabisi 24 ksemata, kşemem ; gain pärtan, con- Berratory ; Arte yogain, yoga ; er stam, sacrificial ; xfa ati; 30 , 76: Shub, have named; atalita' tatra-darginah, the learned, the philosopbors, the knowers of trath; faxea ariblejse, sodisisible; cha, and; a te, they both, s prukte, are prouunuled, SaravAsusun, bed and chur; 5ove, also, clia, und. 23. The term yoga kxma is a conjuuctire eomapound resolvable into yoga and kan Bs the sord yoga is significd I cause of obtaining something not already obtained : that is, a sacrificial act to be perfor.ned with fire, consecrated acourding to the Veda and the law, By the term kşemo is denoted an picious act which becomes the means of ounservation of what lias been obtained; such as the making of a pool or a garden, or the giving or alms elsoçhere than at the aliar. Both these, aus- ·YAJNAVALKYA SMRT though appertaining to the father, or thouglı accomplished at the charge of the patrimony are indivisible, is Liugalgı declares, and a "Tho loarned, liave named a conserı atory act ksena and su aro 8aor fioral ono yoga , both are pronvunced indivisible the bed and the chair,' Balanbhalla gloss 23 Kgoma'], the wood "k9o Da' 18 non fam nine according to Amara (1 4 26) It is a duanda compound to indicate collection sacrificial acts (statn') of that name diggin: of tank (urtain ) of that name, they are mentioned gunoially Appertaining to the father ] by art, the sucestral 18 also included he says generally by reason of its boing understood also with the other not understood *At the charge of the patrimony' under 'apı (though) without detriment to the patrimuony' IS included Thoro 18 an authvrity in support of the general proposition doclares', by this the conclusion that in connection with the friendly gift, 1t 18 also a qualifying claase of it or it equally applies to it with a Almilar roason10g, 18 set aside by reason of its annuliont generally Mitahara योगक्षेमशब्देन योगक्षेमकारिणोराजमन्त्रिपुरोहितादयउच्यन्ते इति केचित् । पत्रचामरशस्नोपानत्प्रभृतयइत्यन्ये । २४ ॥ GIOTTA yogakşema babdena, by the word yoga kgema Arne Aailtu yogakşems b&rinah those who effect sacrificial and con servatory acta, राजमन्त्रि पुरोहितादय rajamantri purohitadayah the kinga connaellore, the stipendary priests and the utliers : ya uchyante, are meant çfa atı, so , #fat kochit, some छत्र-यामर शस्त्र उपानरप्रभूतय chhatra chumara hastra ap&nat prabhritaysh praasols (umbrellas), cowtaila, weapons shoes and similar things, 24. avhyante, are meant , Faatt, 10, si ange, some others, 24 Somo hold that by the compound term yoga ksema, those who effect saor.licial and conservatory acts, (yog aud ksema) arv intended, as the kigs counsellors, the stipendrary priestą, end the rest Others say, wompons, cowtails, parasols, slioos, ud siinilar tlungs, uo meant. Balanthhalla : gloss 24 He not proceeds to give the opinion of Ilodhatithi and Kal ·112 BUTÅEŞR 4 I. 19 26. palaro : 'soga') : de giros saother, view ; 'parasol). According to all. the profit arising therefrom even it coequal should be divided Bribaspati say. The prost arising to the possessor of 'goge' and 'kşems' is to be divided equally"; by reasoa of po:8 831ag 'yoga' and 'kpear.' Alilakgard प्रचायेगृहारामादिषु प्रवेशनिर्गममार्गः सोप्यविभाज्या १२५ ॥ TATTI pracháraḥ, a coumun yng, Warfi epilaramadiya, in hondes and gardens, and other places ; samlasidant: ptarelo-airgams märgab, road of ingreat and egress ; # Bah, that; & api, algo; FTATIT Avibhajyah, not to be divided. 25. The common way, or road of iogress and egrázs to and from tho house, garden, or tho liko, is also indivisible. Balambhalta' gloss' 25. Io says that in the word 'coromon wa'y', there is afix it tho • Bones of instrumentality nader 'Aad after consonants "(P. 111. 3. 1213* Bonse'); dating stated the indiviaibility of the road of ingross ana egresa from the house, garden or the like,"it follows that the hvuse, garden or the like are divisille, bat he condemn'. it'as being contrary to other amritin. Milakara. यत्तशनसा क्षेत्रस्याधिभाज्यत्वमुक्तम्। अविभाज्यं सगोत्राणामासहस्रकुला. दपि। याज्यं क्षेत्र च पत्रं च कृताममुदकं लियाति तद्ब्राह्मणोत्पन्नक्षत्रियाविपुर्व- विषयम् । न प्रतिग्रह या क्षत्रियादिसुतायवै। यद्यप्येषापिता दद्यान्मृते विप्रामुतो- हरेदिति स्मरणात् २६॥ 9 yat, which, a3 ; 0 ta, bat; 2461 ušanaga,' by Usands; and kpetrassa, of a field, ORTIT Srubh&jy'atyam, rclusion Iron partition ; uktam, is stated; ung svibbajyam, not to bo distributed, TTTUTE Sagot, på a, smoug kinsmon KIHEER3 Safe ora-kolád to the thousand degrees ; *f.spi, erea ; 4879 sâjyara; Bacrilicial gains; 17 kşetra'n, laad; aparan,' weitten docainent; or vehicles ; paskļitkaoan, prepared food; * adakata, wator; fart: atriya, momon; ria iti, 39, a tad, that; Hann brahmanan * , lor farile slociduou, bet at p. 331 of Puni'. Gnoct.

·YÅJŅAVALKY A SMRITI 113 atpanna, born of a Brokmana father ; ift ksatrig&di, by women of the kpatriya (the military ) and other inforior classes, galarea patra vasayam,'in reference to the sons ; * na, not ; fi pratigrahaa-bbak, land obtained by acceptanco; par daya, is to be given ; pfafigata kşam tris di sataya, to & non born of a kpatriya or other inferior wifo Yai, auroly ; wala yadyapi, avon, though; greşan, to these, or their , fra pita, father; gur dadyat, would give ; àmpito, after he (the father) is dona qotgai' ripr&-nutah, the son af . Brahmani ; rte haret, should take away; tfa iti, tkos; Ort smaraşat, because it is ordained. 26. The exclusion of land from partition, as stated by Usanas, ("Sacrificial gains, land, written documents, prepared food, wator, and women, are indivisible among kinsmen even to the thousandth degree ;') bears reference to sods of Brahmaga ly women of the military and other inferior tribes : for it is ordained (by Vrihaspati ) "Land, obtained by acceptance of donation, must not be givon to tho son of a kphatriya or other wife of inferior tribe : even though his father give it to him, the son of the Brahmani may resume it, when his father is dead," Balambhatta's gloss. 28 Ab') Vy8a also follows tho samo order; Prajapati alao say that "sites o! the house can not be divided' By this, the discussion * tho above said four has beon shown ; he sets it aside ;'that'] here, and the othor includes a vaidya tribe only but not andra Ag will be ahnwn lator on. 'Ho citos from Brihaspati; na prati'), the reaalt, of the qualifyiug tauso will appear later on, this by reasuo of the inherent power of the word relates to the partition made at the option of the father. There foro in all partitions made at the instanco of the sons in the paternal property, its abgence is self-evident. Ho stotes about the ancestral property, where laud' therefore, means all landed proport, and includes Agricultural land (holding? by roesopol maingiland only and making distinction betweebla gift of a buuse, and that of Jandhore ancestral house is not meant. Brihaspati therefore, says, "He who is a son of roman of Brahman caste shall inherit the land givea at Bralitoa a Jonation, but all who are twice biso are entitled to succeed to the house property and the ancestral holding". Brahmana donation mosne gift. 5o the original text of Madan. Parijato stated previously alvald be onsidered improper It may be said that eron by not reconciling the onflict Frith Vgåsa, the conflict with Prajapati 'remains intact by reason I the special prohibition as regards the hall.scquired bouse property . 15 ·11% NITAKSARA I. IV. 28. other than obtained by charitablo gift, in pursuance of the text of Burbasjati, to pursuance of the text of Prajapati in the text of Mson, the terms *goga aud kşema' have been -probably explained by Medhatithe as meaning houso site, but that refers to a case whore it is without the CUnsent of the father. So- : In the house property and agricultural land (holding) tho grond Bons andtho father £10 oqually entitled , but in the paternal ones tho 8008 Jiu vu no right to demand partition witbout the consent of the father." Vása The statement of Kalpataru to the effect that «ksotro (holding) always inoads house sito', us erroneons. Katyayana, therefore, says, lot tle existing house, land and quadrapods ho distributed. . By the difference botneen them the separation is made ; it should be on dorstood that.uren 12 the text ol V gâsa iz is made, Mital pr4. याज्यं याजनकर्म लब्धम् ॥ २७॥ 24739 rajyam, dacrificial gains ; ATACH &jans karmalabdham, acquired by officiating at religious coromonios. 27. Sacritioral gains ) acquired by officiating at religious ceremonies. Balamlhalla'glose 27. Vhsie docribing what is exempt from partition, he osplains tho soundary sense of the word the 'ascri&cial gains used; religious cerowonios' slitakşra. पितृप्रसादलस्यस्याधिभाजत्वं पक्ष्यते। नियमातिक्रमस्याधिभाज्यत्वमनन्तरमेय. fartufa n = 1 1979TTISET pitri-probada-labdhaugn, of what is obtained through tho fathers' favour, afamata arabajgatvan, exemption from partition; antaalsynte, will be subsoqoontly declared ; .farfax nigamitibralnosys, of uuytlung scynired by transgressing restrictions rogarding tlio mode of acquisition, wri34794 arıbhájyatrata, tho supposition of and17isibility, 4727 20 autarsu, already, o oys, iudeod, jast; Facila Airasi, 19 rolatod 28. What is obtained through the father's favour, will bo subsequently declared exempt fron partition. The supposition, ·. YAJNAVALKYA SURITI 175 COOgists that any thing, acquired by transgressing rostrictions rogarding the mode of acquisition, is indivisible, has been already roluted. Balambhatta's gloss 28 When the original tert weiter coomenced exempting from partition by saying 'without detriment to the patrimong, ho did not mention all assets, in order to remove this defect in the course of "partition' he came to remember that which follows Through tho father'a favour', megns that also, the ouginal text writer says by the parents etc'first NÂrada-text has algo laid down the saine thing, 'it Dust be anderstood as pertaining to the partition at the instance of the 8t8 Hero the impartıbıhty (exemption from partition), has been explained by the commentator by positive and negative pracepts The positive rule in describing the batore of impartibilty uud the negative role (prohibition) consists in the refutation of , artibility for this state, though eard here, yet aselul in the following, he comes to remea ber it "Restriction'] means, for & Brahmana of acceptance of gilt etu already" means, the objection that drose in the discussion of the partible property by the propounder of the established truth , 'refuted' prohibited. Milakott पितृद्रव्यविरोधेन यदर्जित तद्विभजनीयमिति स्थित तत्रार्ज कस्य भागद्वय पसिष्ठ- वचनात् । येन चैपां खयमुपार्जित स्यात्सद्वय शमेच लभेतेति ॥ २६॥ faz ou fairia pitridravga yirodhene, at the expense of the patrımony , 45 yad, what, what argitam, 18 aequtrod az tad, that fawatan vibbajaniyam, 19 to be divided for it feua sthitam, 19 settled , a tatra, in such a case, with arjakasya of the acquirer, WITH bhagadvayam, 18 a pair of shares, afuyant vasiştha-rachanat, from the passage of Vasistha, yeng, by whom cha ard, ani esl n, of these, 917 89ayam, by himself, auf ugaritas acquired स्यात nykt, would be, au deyambam, two parts, 2. double share eva, indeed, ita heta, would obtain at 50 29 It 18 settled, that wbatever 18 acquired at the charge of the patrmony, 18 subjuot to partition. But the acquirer shall, in such a case, have a double share, by the text of Vastshtba, "He, among them, who has made an acquisition, may take a double portion of it" Balambhatta : gloss 29 In auch a state in ordor to have a bearing on the folloring, he 80 ·116 MITAKŞAR 1. IV. 31. 2008 up the obvious resnit previously stated. At thp charge of the patrimong') similarly and the rest in order to be iz anisoa tith the general inbjact. "Istra'] (in snch a case) similarly in tbe parging from the friendly gifts etc, ho says the same ; .by whom'] 'among them toug brotbors. Nildkrard अस्यापवावमाह। सामान्यार्थ समुत्थाने विभागस्तु समः स्मृतः॥ ३० ॥ AET Asya, its ; 941 aprádám, exceptio , & aba, propounds. -w-Agrera simfnya-artha-aamatthine, if the common stock, or wealth bo improved: fuam: vibhagah, division; to, buts : damah, aqual, TET: 8pitab, is ordainea, 30. Tho author propounds en exception to that parim, "But, if the common stook bo improved, an equal division is ordained." Balambhalia's glosa. of this'] of the double share as said by Vasiglan, the explans. tion of the common stock. (follows) Milakpara अधिगताना मातां सामान्यस्यार्थस्य कृपियाणिज्यादिना संभूय समुग्यामे- सम्यावधने फेनचिकृते समपय विभागोमार्जयितुरंशवपम् ॥ ३१॥ amayibhaktápad, among onneparated ; Wir bhráifinám, brothers; 2) Ongasts, of the common stock, or arthesya, of the stock ; fearfsftat krişi-rkņijsadini, by menos of agriculture, commerce, or similar occupations ; * sambhirs, togother , ergroti samanthace, on improvement; and sadyagrardhato; on 8 good augmentation : fra konacbit. by somo ono; ya kaits done, effocted ; Tinamah, oqaal; y ors, indeed; foremost ribhagaḥ, division, ; * ), there is not ; : Brjsyitab, of the acquirer; K1779 amss drayam, * double share. 31. Among uoseparated brothren, if the common stock bo Na ·YiJŅAVALKYA BURITI. improved or augmented by any one of them, througlı agr.culturr, commeroe, or similar moaos, an equal distribution nerorthless takes place; and a double shore s not allotted to the acquirer. Balambhatta's glosa 81. Among the anseparated borthren ), in improving', its erplanation , 'thoroughly'], there the re189n is besigned' "agriculature' for this object, it 18 said over and above the restrictive rolo; ho giros the rest : by eng one of them,' smong the brothers elo. END OF SEC 1v. SLCTION Y. aritaköra. पित्र्ये द्रव्ये तु पुत्राणां विभागोदर्शितः । इदानी 'पैतामहे पौत्राणां विभागे विशेषमांह। 'अनेक पिढकाणां तु पित्तोभागकल्पना ॥ १० ॥ fara patrye, of the paternal, Fet desvge, estate ; o ta, bat, Satuit patrånam, among sons ; fata, vibb&gab, distribation, whia darbitah, is abowo ; rata dânim, pow; datad pait&maho, concerning grand father's estate, &r OrH pautr&naca, among gransons, funt vibbage, in the matter of distribution, fan Tiegam, a #pecial rula; * Aha, propounds; manfaqetary soeka pitřikāpân, suong grandsons by different fathers , ln, bat, forgat: pitſitah, according to the fathers; Har bhågkalpand, the allotmont of shares ,1, Tho distribution of the paternal estate among sons has been shown ; the author next propounds a special rule concern. iga 'the division of tbe grandfather's eficots by grandsons; :

·118 MITA KSRA I. v 1:, "Among grandsons by different fathers, the allotment of shares is according to the fathers." Balanbhalla's gloss e 1 He explains the rolevancy of the aucceeding. 'Paternal estate' means sowelow his own property only ;'among sons' among them only: Bimilarly in the following of the grandfather's off cta' in his only: 'concerning the division means by reason of the accrual of the proprietary right by birth alone “By difforent fathers' i the song belonging to the different fatbers. or the 80ss of different fathers the meaning is that tho grandfather is one who has got many song related to each other as brothers; the sone of the latter are thoroforo 8008 of differont fathers. The different reading is 'whose fathers are dead', 'the Bons by different fatbers' is an incorrect reading Ditaksara यद्यपि पैतामहे द्रव्ये पैत्राणां जन्मना सत्वं पुत्रैरविशिष्टं तथापि ते पित- द्वारेणैव पैतामहद्रव्ये विभागकल्पना । न स्वरूपापेक्षया। एतदुक्तं भवति । बिमक्ता- नातरः पुत्रानुत्पाद्य दिष्टं गतास्तदैकस्य द्वे पुत्रावन्यस्य प्रयोऽपरस्य चत्वारइति पुत्राणां पम्ये तत्र द्वावेक स्वपित्र्यमंचं लभेते । अन्ये प्रयोऽप्येकमंशं पित्र्यं चत्वारोप्येकमंशं पिन्यं लभन्तइति । तथा केचित्पुरेपुधियमाणेपु के चित्पुत्रानुत्पाद्य विनष्टेप्ययमेष न्यायोत्रियमाणाः खांशानेष लभन्ते। नहानामपि पुत्राः पित्र्यानेधांशान्तमन्ताति घाचनिकी व्यवस्था ।। १२०॥ यपि yadyupi, although , पैतामहे pritamnhe, over the grandfather's; दम्ये ararys, proporty, पौत्राणाम् pantranam, of tho grandsons ; जन्मना jan mana, by birth; स्वस्वम् syatvam, Proprietary right; पु: putrnih, with the sons; अपिशिष्ठम् avikistam, common; तथापि tathapi, still; सेपाम् tesam, their: द्विारेण pitri-dvirnon, through tho fathor , एव 6va, only: पैतामह दुग्ये pitainshedrarye, in the grandfather's property; विभागकल्पना vibhaga kalpand, allotinent lok shares , ana, not ; स्वरूपापेक्षया Brarups. poksays, with rolerenco to thonsoives: एतद, otsd. this, उत्तम uktam, Oxpressed, भवति bharati, 18 विमका vibhaktah, separated, भासरा bhitarah, brothers, 3911 putrin, S009, inale 19310, 38710 ulpådya, producing , f¢!1-77-51: distim.gatik, die, 5 tada, then ; T41 okayn, of one , tran, tro, पुत्रौ jatran, sons : भम्पस Soyasya, of the other : प्रया trsyah, three , पुत्रा' putrith, song , अपर aparseys, of another ons%3 पवार: chatriray, four; इdिiti, so, thus : पुप्राणाम् वैषम्ये putrahim raigamyp, in case there is an,inequality of Bonsai fatra, there, In that case दी , aran, tro ; एकम् okam, one, whole only. स्वपित्र्यम् sa pitryam, ol their ·YAJNAVALKYA SMRITI 119 2 own father, atzia nasam, sharo, ma labhete, obtain, at ange, other, trayah, threa, afo api, algo , Terekam, one a ansam, alare , fasua patryan, the father's, are chatvērah, the foar , alq api, also, 4 ekam, one, ** ansam, share forata pitryara (ather's lablaute, obtais , fæ ati, 50 aur tsths, similarly, safar kesa chut, somo, gag putresu, bons fughing dhriyamâneşu if they be living, egfaa kegu chat, some, gara putran, song , 54977 at, a lya, producing foreg vinagtegu, if they be dead , 4 ayam, this ça ara, undeed, -219 ngayah, rulo , fuqarr dhriyamânâh the living ones , eart evån SÂn, thour own shares ga eva, only , * labhante, obtain , 787917 nastå oam, of those that are dead, aa api, even , 97T pritrah, song, fasurat pitrgåu, paternal, eva, only , #97# amśån, shares, a labhaute, obtam fər iti, thus, sach, arafat vechaniki, prescribed by the text, *TIET VF&Fasthå, the adjastment 2. Although grandsons have by birth a right in the grand. father's estate, equally with sons, still the distribution of tho grandfather's proporty must be adjusted through their father, and not with reference to themselves. The meaning here expressed is this if unseparated brothers die, leaving male issue, and the number of sons bo unequal, ono having two sons, another three, and a third four, the two receive a single share in right of their fathor, the other three take one share appertaining to their father, and the remaining four similarly obtain one shara due to ther father. So, if some of the sons bo living and sotne have died leaving male issyo; tho samo method should bo obscrvod the surviving sons take their own allotments, and the sons of their deceased brothers receive the shares of their own fathers respectively. Such is the adjustment prescribed by the text. Balambhalta : gloss 2, 11o explains it fully along with objections, although'] ho gays by reason of the ending in the instrumental case the affirintax which apples in all declensions Through their father only ) 'only' 18 In the 2018e of but', the meaning 18 that the text 19 restrutivo, he further gives the reverse (ns contrast) aut with ratarunc to theusolven tot for head (per capita) gives the result chis) 'ua do parate 19 for distinction, there among Uruthers Iu order toremedy the defect, bs applies the cold principle olsa hero .0], 'llying', 10 existence or while olivo, deriyod from brin' to romain ,Katya ·120 MITAKSRÅ I V 3 yoga has said an, "On the doath of the unteparated son, hu aon 16 entitled to his share so that 48 way carry on his livelihood if he had not been provided for To gots the share of live father from tho uncle or 111 aop a share to which ather brothors are equitably and justly entitled or ba gets it from his son BQ that there may be satisfaction" He says rescribed by the toxtatherwise there will be treeningloosness , 80 it i #restriotipe role Th19 18 the meaning Kalpataru thinks that it 1xcludes the son8 begotten on ona roma by many Vishna in the course of the explanation saya "Of those who sro as different fathers, the share 18 per lerpes, he gota tho oliers of his father but got of any other" 1 Brihaspati therefore, 3878," ti the 'auran' and 'koelraja' sonx are the makerttore di one father, they get the share of the facher but of no other to Arro the term 'ksetraja' does not meet the son as defined, 11000 ha »s entitled to another share to be mentioned hereafter but every illegitimanto "If two who are born from two fathera bat one woman, claim tha property, they get the property of those respective lathers but not of the othor Mat 9-191 don lalakpra अधुनाविभके पितयं विद्यमानमातृके वा पौत्रस्य पैतामहे द्रव्ये विभागोनास्ति अत्रियमाणे पितरि पित्तोमागकल्पनेत्युकत्वात् । भवतु वा स्वार्जितवत् पितरियर स्थाशकितमाह भूर्या पितामहोपात्ता नियन्धोद्रव्यमेव च । तत्र स्यात्सदृशं स्वाम्यं पितुः पुत्रस्य चैव हि ॥१२१ ।। अधुना adhund, now, fan vibhakto, it doperato , frafe putarı be the Father Charidyemas bhràtriko, if he has no brothers, Bart pautrasya, at the grandson ut patta mahe, paramalo, in the grand fathers', drayso, wealth , fatto pıbhageh sharo, na, not ofta antı, there is afiqar edhrigamapo, if he'de docoased Faft pitari, il tho (ather , faza pitriah, through the fathor, in right of the facbor, 16 A bhaga.kalpana, to allotment of shares, sa itu .., {TIT aktstrAt, it being directed ; 19 bharata, lot f bo ET TA or of Avargitarás like a distribarion ol kia ora acquisitione, fts pitoh, of the fatber, quichhard, according to the ploskare , 570ra, only, indeed, fatit1, 80 af Aganticab dochting, to obsiale this doubt; 2g Abs the sothor asy, bbûk 'sod, 9154, which , fama?? pitamabopelli, TA, OT, ·YAJYAVALKYA SURIII 12! acquired by the grand fatber fra orlandıklı, corrody. FOTA dravgam, chattols , qe ova, alsa, cha, and, 7 titra, ia that, in all these & Tagat, should be IiTF sadr san, the să 11+ F*71 yana, owdership , fag: pitah, of the father, 5787 patraaga of tho con, cba, And , Tebya, indend, also , fe bi, for 3 A rice fiold or other ground. A corrods. So many Icaves rcoolvable from a plantation of betlo pepper, or so many nuts from an orcbard of areca, Chattel, Gold, silver, or otler movablos. Balambhatta'r gloss 3 Froin 'sons of differont fathors' but not from other, It follows that a grandson gets the property through his father bat pot hunelt (por sterpe bat potº per capita), there too by roagon of the right coming to an ond on the deaih of the anseparated father on account of the non-croation of the right by partition and by reason of tho obatrace tion of the proprietary right so the right of the grandsva is also like the obstracted'beritage of the brothers, in this yies what is said Abuvo is orroneous Forther in such a state, (o &) the father is alive and 15 boparate from bre father or by reason of boing an only son uf br> father in the absence of other brothers lisos with mroseparato la the formor caso, by roason of being teparato, lio does not get a share bocauto tho fathor is separate and there is obstruction to inheritanca lyy his existonco, the grandson does not get a sharo in his grandfather' proporty In the second CASO Also, thongh his father gets the properly by being ondivided but he does not get it by reason of his existence The resolt 18 that a grandson has never hero in the grood futhor's property while his father 13 plato In order to reply to tho objecion, he girer tho following passage, Now' tho CODDocton is, rhon the objection 18 rsd, separate is in contrast The 'grandson' sinods for (inclades) two grandsons sy grandsons In both cares ha giyes ressoni, pot in Oxistenco moans on death' , if the roading is'in 110 onco' it 11 connosted with the protion!, In 'not father is in the contrast, ip bus aburaco, to means that hero in both cases, the labor •xta!! No, it 18 not proper lecsuto buting said that the proprielary riget acernos op birth, but does not depend on any other ciose, the right to partition is progor in such case,,!! that is so then prescribing the right to partition to accrue or the death of the father, it is kell Html. luthod that his right dopende on lut while he is alive A, the father appears to bo principal, tbe partition des ends up the kill of the Inter Thero he get double stare in the soll ncquation, according to the toul oferada 1hr faller's alere ndonble ho are for difting. partition cones alb, *1 ar pieteicammel obserrats According in the leasure of the Inthap', and as ding is the floutai.

·122 117 ÁKSARA 1, V 4 of the futlio nas be und -toid, there by 'til he gives it as suggest thg on illustration in the case of *bhavan' boing the reading it 18 tla unity of a suntonce utahsard. में शालिक्षेत्रादिका । नियन्धएकस्य पर्णमारकस्ययेन्ति पर्णानि । तथा एफस्य कमुफफनमारकस्येयन्ति कमुकफालानीत्यायुक्तालक्षः । द्रव्य सुवर्णरजतादि । ४ ॥ I bhah, land, gutsemat sálıksatrédika, a rice fold or the like , frit ubandliah, corridy, (indour), 964 okasya, of one of *** parnabha kasya of the plantation of batle papper, of 19antı, 30 hnny goife pernail, lonpoe (to be recoipod), 21 tatlå, similarly. q7E7 obasjk, of one , il TE-TE kramuka phala bhårahasya, of an orchuud of uroca, lat 1yanti, 80 in tay, gi norfor kruntuka pualino, treca nas. Atity adı, this and the like, : ukta laksanak, londe whor cloustius ara apokon ta bo , 779 drayyam, chattels , 57 -- Auvarna-rojatn adı, old, silver and other raovables If the father, be alive, and soparate from the grandfatlier, or it he have no brothers, a partition of tlo grandfuthor's estate with the grandson would not take place , since it hay licon directed, that slures shall be allotted, in aght of the father, it le bie docensuet or, adinitting partition, to take place, it would bo mado according to the pleasure of the failer, like a distribution of his own acquisitions · to obriato this doubt the author sags "L'or the outersluip of the father and tho son isºtho samo 16 laud, which was acquired by the grandfather, ux in a coirody, ol lu cattols (which bolonged to him) Bulambhatta's gloss Ho give3 the 2ccontol menntos by mirt2e of the inherent *Rivo fielu'), and ther, barlax hold in order to Distinguished Sporten the ballur sito ote this subject colour to the baulding sito will be onde clertc litor 011 Vliscovor is figud Ly count 01 of learos etc 18 onrridy shsh 15 m3u8 ol itve inhood rural grunt al mrlos receivable pertaunently, ho gives its closer tou of ono'. where there 18 a collection of lessos 1t 13 compound word 811 urly 11. the flowing one that there are 8) many betel leures or betel nuts in a portronlar betel grove or a betel nut grote 19 known to an export tløroin but to Dv other by the proti nate culating or scortada ·YAINAVALKYASININI 121 thereof, it is fixed Whatever is so fixed ly the graudi unlimr to show connection with tliu following, le says In order Jidheard यत्पितामहेन प्रतिग्रहविजयादिना लम्ध तत्र पितुःपुत्रस्य च स्वाम्य लोकप्रसिद्ध मिति सूया विभागाऽस्ति । हियस्मात्तत्सदृश समानम् । तस्मान पिरिच्छ्येष विभागो नापि पितुर्भागद्रयम् । ५ ॥ 1 Yst, which , fara a pitAmahena, by the grand 'ather of -fianzar pratigrahu vijaya adAbs ineuns of arce tan e conquest or through similar channels, rug labdham, acquired Atlat in auch pro perty , faz pitah, of the father gqet patrasya, of the sun #cha, and, €1177 svamyam, the ownership, 14 af loka pistdulam is noturions , tfæ it1, 60, par kritra, thinking, doing fait vibhagal, 1 artition , oft Asti, there 18, fe hi, for ( means ) FATT ga9u, atce, a tat, that right, a kadrıbain, equal ( means ) HART# sapânar, alıko TLAR tas nad, thorofore, at na, not, noither fat: pituh, of the father in Ichcha, according to the plensure qa ara, indeed , fatt viltahjartition, **fe na api, por, not also, fot: pituh, the fatter: Ia bhAyndvinyal 12 double shtro 5. In such property, which was arqır red be the pater. nal grandfather, through acceptance of gitts, or tx conquest or other moans, (as commi roe, agriculture or service, the ownersluip of father and son is notorious and therefore partition does take place. Tor, or because, the right is equal, or alike, there. fore, partition is not restricted to be made by the father s choico nor has ho a doublu al ure. Balam halla e gloes "Whatever by the grand father' ho now saya over Aad above the roles, "thruugli acceptance and other acceptative of income frora Commerce and service of the twice boro After setting forth the three tlungs ander the first half of the stanza be now fully osplains the 'thero', in all the three, he guvos the meaning ng previously, dves také Tematning half with the pletiofis the needs and billing up the elpas, has a rebt' In order to be in conformity with the reading and of botla ac ording to Lalpataru cte, he says 'for or because', 'equal aqual only be reason of 5 ·12+ JIITAKŞAR 1. V. 7. the connection with the following , he says the test the tho proceiling; thereforo 'thon 14 no partition at the option', is a bettor reading: by thus, the aquni pitition is suggested. Buhagrats also says. In the imamovablo and movabla property acgarrod hy the grand father, the sun and the fathior have been declared to have equal right Bilalgard अतः पिस्तोगागकल्पनेत्येतत्स्वाम्ये समेऽपि याचनिकम् । ६॥ ma: atoh, henno ; fonti piirituļi, according to the father's , 471-46941 bhaga-kalpana, the allotment of shares, la iti, so, thus ; cat atat, this (test) and Brimye the right; å snme, equal; fa api, even though ara volnaikam, toxt. 6. Haucu also it is ordainal by the preceding toxt, that "tha allotinent of shiros shall bo according to the futher's" although the right bo equal. Balambhalta' gloss 6 In this state, to remove the fotility which is shown by the first part and its contradiction, he strengthens the gard soriptural quotation, llence'], the mornning becanso the equal proprietary, right of the father and the son therein is well known, therefore.....ordained by the preceding tort] . t 13 so ordained when the father is dead but not whon he in alive, the roading of those whose father ja desd' 19, therefore, proforable ; 1t 16 said previously a190 Alitalyard for fogar graffepararefafea jaur arazitafaga fagstur- स्ममना पितेत्येतदपि स्वाणितविषय। जीवतोरस्वतन्त्र स्थाजरयापि समन्धित इत्ये तदपि पारतन्त्रय मातापित्रजितद्रष्यविषयं । तथा अनीशास्तहि जीवतीरित्येतदपि ७॥ FATTI Vibhågain, the partition, chet, if; faat pula, the father : gar kurgát, would do, la at iti atat, thus this , fafa791 STR. mijita-718yam, 1$ as regards the property acquirod by the Jather him. sell, agı tatbå, 3), adsan, two, * ašau, shares, afaqa'a pratipadseta, woald reserve, fait vibhajar, making a partitiou ; TERT: Atmanah, for lunself, foar prtî, the father, its stad, thus, thia; af upi, too, ha f497 9pa-arjita Yışayam, 1 buch as regurds the ·YÄJVATALKY A SVERITI 125 API distribution of hig own acquisitions, 31 jivatoh, while both are 11710g , 77: asvatantrah, Rot free, dependent, ET sråt. should be must be, at jaraza, by old Bye, afo even though समन्विता $umanvitah, accompanioj bs, arrived at (old age) ft.qa iti etad, thus this, of apy, too , ; åratantrsam, dependence, 7772uffa 727- fartt måtå-pitrdijita drays vişnamn, must rolato to effects acquired by the fat'ier or other तथा tatha Aimilarly, wat eniga, powerless, attı, they fe hı, for or truly fat jivath, while both (the parents) are living, a Titu otad, thus, this, sfapt, too having nu poser, 7. The first text, When the father makes a partition, "eto" (Sect 2 and 1) relates to property acquired by the father himsolf. So does that which ordains & doublo share "Let the father, making a partition, reserve two shur.s for lumsolf » The depend. cuce of sons, as afir.nod in the lollowing passag","whilo both paients live, the contrul romuns, even though thuy bavo arrived at old age, must relate to effects acquired by the tather or mother. This ollicr passage, "They have not poner over it (the paternal estate) wbtle their parents lıve" must be reterred to the same subject Balambhatta's gloss 7 Ho romoven'the contradiction from other text that arises from the second part * When the father makes a partition'], it is also explained previously Ho removes the contradiction that arises from the third Part with the other text not explained proviously, so') ho cites N&rada two shares', reservation is the taking or kooping in accordance with the rule or hinsell' it may be orthor 6th or 5th form of declension Tho Maaning is that the nequnl partition happens by reason of the absenco of any special custmary law Sularly the ineqaal partition under the text of Vasiştha stated above ah aid be understood s, it is established that the pers, earning shall get to shares in his self acquisitions in onge of total partition Samo' he oites two views reconciling the con fut with other texts in this way while both parents live] the mother 18 also included Tho result is the same ag said a regirus the ancestral projerty by reason of the original text pertaining to the paternal acqutsitions Melakşara तथा च सरजस्कायां मातरि सस्पृहे च पितरि विभागमनिच्छत्यपि पुढेच्छया ·126 MITÁKSARA I IV 26 पैतामहद्रध्यविभागो भवति । ८ ॥ ALT tattia, sularly ; echo, ond; #715 darajaskäyám, boing capable of producing more song Fraft intan, nuther; AET sasprihe, Tetaling worldly affeutrons , chis and Tarife putarı, the father; . fra viblizan, partition , *f3ff apiclchluuti, not deserving ; 2}, tbuagh, o gūst patrechchay, at the pleasure of tho song , पैतामह ur fratrite prs&max-drarga vibayaḥ, the partition of the grandfather's estate; haft bhavatı, does take placu. 8. Thus, while the mothor is capable of bearing mora sons, and the faller retains his worldly affections and does not desire partition, and s ribution of the graodrathur's estate does novertheless take place by the will of the son, Balambhatta's gloss तथा 8. Ho gives the special rule, thna' means when their proprietary right 19 cqual Ho gives the special ralo arising from the absence of the three periods or partition daring the lifetime of the father obpable bi benring more buns'), 'by aven' (ap), all the three reasons are joined together, by the will of the son', og it only , the will plays the principal part. Afitahşart. तथा विभक्तेन पिना पैतामहे द्रव्ये दीयमाने विक्रीयमाणे वा पौत्रस्य निषेधेऽप्या धिकारः। पियाजितेतु न निग्धाधिकारः । तत्परतन्त्रत्वात् । अनुमतिस्तु कर्तव्य ॥६॥ tatha, similarly, like-wise ; af arıbhaktera, by the Ensoparated; foar patrå, father, a partâ unake, with the grandfather's dravo estata, ia disamâne, is being given, fazla Tüt vtkriyamano, is being sold , ar va ur, dan puulrasya, of the grandson, the grandson fou nişadhe, of prohibition , stia api, alsa , affor: adhukütah, the right, fazfit pitrarjits, if it be afraired hs the father. I ta, bat. 18, 110, fat fe STO: 125-dhij hebårxh, right of probibit; a tat-para-tantra tråt, because he is dependunt (the sun) on hain the futlier) gafar unaunatiḥ, argoiescence, ta, bat izan kartavya, must be made. 9. So likewise, the grandson has a right of prohibition iſ his inscparated father is making a donation, or a sale, of effects inherited from the grandtathor: but he has no right of interhas , ·YAJNAVALKYA SMRIT? 127 feroce, if the effects fere nequired by tiro futhier on the con. t rar), ho ntust acquiesce, because he is dependent Bila mbhatta's gloss - Hy thorefore, gives another special vote, '30', similarly.bg the ansoparatod' 18 in caftralistinction because o saperation the pro. prikotary right baing extiny gished, there is no light probabit alienation by this the explauation by Vedhâlth std others that the self-acquist- 1011: ere by means of learning and heroic expluts 19 teputed The Iraet 8ncestral property recovered by the father wiki his ability and whatever 13 obtained by learning and her c explot is the į loperty of the father", by spi Caven) the partition is also included, whould be given by the son, Mutdksara तथाहि । पैतृके पैतामहे च साम्यं यद्यपि जन्मनैव तथापि पैतृके पिपर तन्त्रत्वात् पितुः साजकत्वन प्राधान्यात् पित्रा चिनियुज्ययाने स्थाजिते दम्ये पुत्रे- पानुमति कर्मध्य । पैतामहे तु द्वयोः स्वाम्यमविशिष्ट मिति निषेधाधिकारोऽप्यस्तीति farge: I Bazar kartavgå, must be mado, aut tathalı, conseqioptly, patriko, in the paternal, daraa peithunabe, in the grapdfather, cha, and, Farkah spámyam, right, aalo yudyapı, although, tal jantusoh, luy biete. Teva, only , asla tatbApi, stil) yes the pailseke, in thouator- Dal, Paaralaala pitrij Bracauti atrat, bocause of tha dependen co of one's father, far pitaḥ, the father'a, RITA-ša svårjakatven, by right of his being the acquirer, frutat prádl,Anyát, because of the predominance of (the father), fqat picia, by the father, fifagasta puyajysmane, wbile 18 18 being disposed of, taft Sparzilo, veganied by himself, deavge, the wealth , gan putrons, by the son , agafà abaihatid, acquien cuace , kurtavgå, should be made, darag paitamale, in the grandinthor's to, bat, zit. dyaych, of both , F11674 avámy Au, tharo » the right; avfalatex agus atazn, in decriminately, fi itu, hence, therefore, faganligi nişadhadhukirah the right of prubsbitwa, wiq api, also, too, slet esti, there is , fx 1tr, thus, is the freiz viens spoliehity 10 Consequentis tug dili Cuct is this iltbough ho hue a right by birth in his father's and in his gi dla her's properts; sti]), since_lie is dependent ou luis falist 111 nxirư to tht paterual cstate, 400 since the father bas prudo mount interest as it was 2 ·128 MIT AKSARA 1 Y 10 acqurod by himself, tho sou must noquiesce in tlie Puther's disposal of lus olen noqu red prozorty buk, since both lino indiscrimina. tely 1 right intilie gra dlathor's ostale, the son has a power of interdiction (it tho tulior bo dissipating the propery) Balambhalla's gloss Ile develop a tho Inst said with a reason, as for instance) loy bort the same is understood , fetler' of the son eto here he says by ronson uf anothior' not earning aasthing Botk') a mothor has there fore no share in the ancestral property for want of proprietary right and Butbority. It should do andarstood that it 18 propor tlıut the graudson have unobstructed lortugo as said previously Mulak sart 10 ne, मनुरपि । ( मलो २०६) पैतृकं तु पिता द्रव्यमनयाप्त यवानुयात् । न तत्पुर्व. भजेत्सार्धमकामः स्वयमर्जितमिति । यस्पितामहार्जितं फेनाप्यपहृत पितामहेनानुवृतं यदि पितोद्धरति तत्वार्जितमिव पुत्रै साधमकाम स्वयं न विभजेदिति यदन पि 1791 manuh. Mann, apa apı, too, litt patrikam paternal, a ta, but, faut puta, the futbor, 7*99, dravyam, wealth , 1384 anova tam, not recovered, yad, which organet gospellyat, would recover not, a tat, that 1#putrath, (with; the son , 3 bhajat, would divido, ang Ardhnen, with , *IA akâmah, it reluctant , #T74 svaya Ly luegelf, wsiat arjitam acquired ft, an thuis being the father, 40 yat, which, father HTA HÂwaharjitam, acquired by tho father and (ancuator), arra kena api by sowe one , 379674 apahğıtam takon xwny , Pataca pitô uehona, by grandfather, keyin udhritam, the an estor the grandfather not redeemed eft adı, if fiat puta, the father, the ndaharatı, recovery, Ti tat, that, IR svarjitam, own acquisition, ava, like, gf putrah, BORS, an sârdham, wt, *1 akamah not willing, TT syaysın, Imself, T no, not, fanta yıbhajot, should dipide , ffaits, 80 977 padsn, saying, forhola pitanahari tam the grandfathers' acquisition , A akkush not willing, api, even though, gost putreobchohnya, at the pleasure of the song purrath, sony, सह saba with, fawaa viblisjet it, should divide, fait so faft datbayata, elos,