Hindu Law and Judicature Part 14

[Footnote 208: as representing their respective fathers. (_M._)]

[Footnote 209: family; kindred of the same _stirpes_ or stock. These are thus detailed by the Commentator;

1. paternal grandmother,

2. paternal grandfather,

3. paternal uncles,

4. sons of the uncles,

on failure of paternal grandfather's line, then,

5. paternal great-grandmother,

6. paternal great-grandfather,

7. their sons,

8. their sons' offspring.

All of whom (proceeds the Commentator) are _sapi??as_, connected by food oblations. If they fail, then follow those connected by the water oblation only, _viz._ seven degrees in the ascending line beyond _sapi??as_, _i. e._ _samanodacas._]

[Footnote 210: divided by the Commentator into three cla.s.ses, _viz._

1. of one's self, 2. of one's father, 3. of one's mother; as, the sons of a father's or of a mother's sister, or a maternal uncle (one's own kin)--the sons of a father's paternal or maternal aunt, or a father's maternal uncle (a father's kin)--and those in the same relation to a mother.]

[Footnote 211: _sa-brahmachari_, one instructed together with him in his religious duties. This head applies only to the first three cla.s.ses, those invested with the sacred cord.]

[Footnote 212: as distinguished from the temporary _brahmachari_ or religious student, which all of the twice born cla.s.ses should be, in youth.]

[Footnote 213: who, having been separated, again holds his property in community with those from whom he had separated. Such reunion is permitted only with the father, the brothers, and the paternal uncle.

(_M._)]

[Footnote 214: This participle has a masculine termination; and the ellipsis is supplied from the Commentator.]

[Footnote 215: This is rather the paraphrase of the Commentator: the text is very obscure. Yajnavalkya in these two verses promulgates, according to the Commentator, the following law. A wife or a daughter or a mother shall not be ent.i.tled (under a preceding rule) to take the heritage, when there has been a reunion, after separation, of male members of the family; and of course where there has been no division.

In the case of united brothers, where there is a full brother in the union, he takes the property, in preference to a half-brother; but, if the half-brother be united and the full brother separate, the two will divide the property between them. When, of many full brothers, some live united and others separate, those united will have the preference. If there be half brothers, as well as full brothers, in the union, the former take nothing; but all full brothers, living separate, share with one or more united half-brothers. Where the brothers all live separate the rule will of course not apply.]

[Footnote 216: _i. e._ according to the Ratnakara, a son born after his degradation from cast.]

[Footnote 217: _scil._ hermits, devotees, one who is his father's enemy, one guilty of a crime of minor degree, one deaf or dumb, one deprived of an organ of sense. (_M._)]

[Footnote 218: supra sl. 128 (III).]

[Footnote 219: such as described sl. 140. (_M._)]

[Footnote 220: if there be no sons. (_M._)]

[Footnote 221: These three slokas are a.n.a.logous to Manu, ch. 9, sl.

201, 2, 3.]

[Footnote 222: _scil._ acquisitions by inheritance, purchase, part.i.tion, gift, finding. (_M._)]

[Footnote 223: supra, note[192].]

[Footnote 224: _asura_, _gandarbha_, _rakshasa_, _paisacha._]

[Footnote 225: _i. e._ if she die without issue. (_M._)]

[Footnote 226: without just cause. (_M._) Yajnavalkya himself suggests as a sufficient cause, a more eligible bridegroom offering; B. 1, sl.

65.]

[Footnote 227: if he have no other means. (_M._)]

[Footnote 228: The Commentator and other authorities interpret _arddha_ in this place to signify, such proportionate part as shall make the entire _stridhana_ of the first wife equal to that of the second.]

[Footnote 229: and further, by enquiry as to the mode of performing religious rites in the family. (_M._)]

[Footnote 230: Explained by the Commentator such as are free (as aged men are presumed to be) from the trammels of worldly occupation and of pa.s.sion.]

[Footnote 231: Manu, ch. 8, sl. 258--262.]

[Footnote 232: the remains of burnt fuel. (_M._)]

[Footnote 233: of rice. (_M._)]

[Footnote 234: stones or other landmarks. (_M._)]

[Footnote 235: Manu, ch. 8, sl. 246--252.]

[Footnote 236: _i. e._ if none of the means indicated in the previous sloka are available. (_M._)]

[Footnote 237: Manu, ch. 8, sl. 254--258.]

[Footnote 238: ibid, sl. 263.]

[Footnote 239: ibid, sl. 265.]

[Footnote 240: and towns. (_M._)]

[Footnote 241: Manu, ch. 8, sl. 262.]

[Footnote 242: The Commentator describes a boundary as a strip or border (a party-ridge) of land, used in common. The breaking therefore must mean some material alteration of this border. Overstepping, the Commentator describes to be cultivating beyond the boundary.]

[Footnote 243: or house or garden, &c. (_M._)]

[Footnote 244: _scil._ reddendo singula singulis, the lowest fine for breaking, the highest for overstepping, the medium for wrongful appropriation. Manu, ch. 8, sl. 264; ch. 9, sl. 291.]