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Vishnu-smriti (Vishnu sutra / Vaishnava Dharmasâstra)
Inheritance
XV.1
1. Now there are twelve kinds of sons.
2. The first is the son of the body, viz. he who is begotten (by the husband) himself on his own lawfully wedded wife.
3. The second is the soil begotten on a wife, viz. one begotten by a kinsman allied by funeral oblations, or2 by a member of the highest caste, on an appointed (wife or widow).
4. The third is the son of an appointed daughter.
5. She is called an appointed daughter, who is given away by her father with the words, 'The son whom she bears be mine.'
6. A damsel who has no brother is also (in every case considered) an appointed daughter, though she has not been given away according to the rule of an appointed daughter.
7. The son of a twice-married woman is the fourth.
8. She who, being still a virgin, is married for the second time is called twice married (punarbhû).
9. She also is called twice married (punarbhû) who, though not legally married more than once, has lived with another man before her lawful marriage.
10. The son of an unmarried damsel is the fifth.
11. (He is called so who is) born by an unmarried daughter in the house of her father.
12. And he belongs to the man who (afterwards) marries the mother.
13. The son who is secretly born in the house is the sixth.
14. He belongs to him in whose bed he is born.
15. The son received with a bride is the seventh.
16. He (is called so who) is the son of a woman married while she was pregnant.
17. And he belongs to the husband (of the pregnant bride).
18. The adopted son (dattaka) is the eighth.
19. And he belongs to him to whom he is given by his mother or father.
20. The son bought is the ninth.
21. And he belongs to him by whom he is bought.
22. The son self-given is the tenth.
23. And he belongs to him to whom he gave himself
24. The son cast away is the eleventh.
25. (He is called so) who was forsaken by his father or mother (or by both).
26. And he belongs to him by whom he is received.
27. The son born by any woman whomsoever3 is the twelfth.
28. Amongst these (sons) each preceding one is preferable (to the one next in order).
29. And he takes the inheritance (before the next in order).
30. And let him maintain the rest.
31. He should marry unmarried (sisters) in a manner correspondent with the amount of his property.
32. Outcasts, eunuchs, persons incurably diseased, or deficient (in organs of sense or actions, such as blind, deaf, dumb, or insane persons, or lepers) do not receive a share.4
33. They, should be maintained by those who take the inheritance.
34. And their legitimate sons receive a share.5
35. But not the children of an outcast;
36. Provided they were born after (the commission of) the act on account of which the parents were outcasted.
37. Neither do children begotten (by husbands of an inferior caste) on women of a higher caste receive a share,
38. Their sons do not even receive a share of the wealth of their paternal grandfathers.
39. They should be supported by the heirs.
40. And he who inherits the wealth, presents the funeral oblation (to the deceased).
41. Amongst wives of one husband also the son of one is the son of all (and must present funeral oblations to them after their death).
42. Likewise, amongst brothers begotten by, one (father, the son of one is the son of all, and must present funeral oblations to them all).
43. Let a son present the funeral oblations to his father, even though he inherit no property.
44. Because he saves (trâyate) his father from the hell called Put, therefore (a male child) is called put-tra (protector from Put, son) by Svayambhû himself6
45. He (the father) throws his debt on him (the son); and the father obtains immortality, if he sees the face of a loving son.
46. Through a son he conquers the worlds. through a grandson he obtains immortality, and through the soil's grandson he gains the world of the sun.
47. No difference is made in this world between the son of a son and the son of a daughter; for even a daughter's son works the salvation of a childless man, just like a son's son.
XVI.7
1. On women equal in caste (to their husbands) sons are begotten, who are equal in caste (to their fathers).
2. On women of lower caste than their husbands sons are begotten, who follow the caste of their mothers.
3. On women of higher caste than their husbands sons are begotten, who are despised by the twice-born.
4. Among these, the son of a Sûdra with a Vaisya woman is called Âyogava.
5. The Pukkasa and Mâgadha are sons of a Vaisya and Sûdra respectively with a Kshatriya woman.
6. The Kandâla, Vaidehaka, and Sûta are the sons of a Sûdra, Vaisya, and Kshatriya respectively with a Brâhmana woman.
7. Besides these, there are innumerable other mixed castes produced by further intermixture between those that have been mentioned.
8. Âyogavas must live by artistic performances (such as public wrestling, dancing, and the like).
9. Pukkasas must live by hunting.
10. Mâgadhas must live by calling out in public the good qualities (of saleable commodities).8
11. Kandâlas must live by executing criminals sentenced to death.
12. Vaidehakas must live by keeping (dancing girls and other public) women and profiting by what they earn.
13. Sûtas must live by managing horses.
14. Kandâlas must live out of the town, and their clothes must be the mantles of the deceased. In this their condition is different (from, and lower than that of the other mixed castes).
15. All (members of mixed castes) should have intercourse (of marriage, and other community) only between themselves.
16. (In the lower castes also) the son inherits the property of his father.
17. All members of those mixed castes, whether their descent has been kept secret or is generally known, may be found out by their acts.
18. Desertion of life, regardless of reward, in order to save a Brâhmana, or a cow, or for the sake of a woman or child, may confer heavenly bliss even upon (members of those) base castes.
XVII.9
1. If a father makes a partition with his sons, he may dispose of his self-acquired property as he thinks best.
2. But in regard to wealth 'inherited of the paternal grandfather, the ownership of father and son is equal.
3. (Sons), who have separated from their father, should give a share to (a brother) who is born after partition.
4. The wealth of a man who dies without male issue goes to his wife;
5. On failure of her, to his daughter;
6. On failure of her, to his father;
7. On failure of him, to his mother;
8. On failure of her, to his brother;10
9. On failure of him, to his brother's son;11
10. On failure of him, to the relations called Bandhu;12
11. On failure of them, to the relations called Sakulya;13
12. On failure of them, to a fellow-student;
13. On failure of him, it goes to the king, with the exception of a Brâhmana's property.
14. The property of a Brâhmana goes to (other) Brâhmanas.
15. The wealth of a (deceased) hermit shall be taken by his spiritual teacher;
16. Or his pupil (may take it).
17. But let a reunited coparcener take the share of his reunited coparcener who has died (without issue), and a uterine brother that of his uterine brother, and let them give (the shares of their deceased coparceners and uterine brothers) to the sons of the latter.
18. What has been given to a woman by her father, mother, sons, or brothers, what she has received before the sacrificial fire (at the marriage ceremony), what she receives on supersession, what has been given to her by her relatives, her fee (Sulka), and a gift subsequent, are called 'woman's property' (Strîdhana).14
19. If a woman married according to (one of the first) four rites, beginning with the Brâhma rite, dies without issue, that (Strîdhana) belongs to her husband.
20. (If she has been married) according to (one of) the other (four reprehensible rites), her father shall take it.15
21. If she dies leaving children, her wealth goes in every case to her daughter.
22. Ornaments worn by women when their husbands were alive, the heirs shall not divide among themselves; if they divide them, they become outcasts.16
23. (Coparceners) descended from different fathers must adjust their shares according to the fathers. Let each take the wealth due to his father, no other (has a right to it).
XVIII.17
1. If there are four sons of a Brâhmana (springing from four different wives) of the four castes, they shall divide the whole estate of their father into ten parts.
2. Of these, let the soil of the Brâhmana wife take four parts;
3. The son of the Kshatriya wife, three parts;
4. The son of the Vaisya wife, two parts;
5. The son of the Sûdra wife, a single part.
6. Again, if there are three sons of a Brâhmana (by wives of different castes), but no son by a Sûdra (wife) among them, they shall divide the estate into nine parts.
7. (Of these) let them take, each in the order of his caste, shares amounting to four, three, and two parts of the whole respectively.
8. (If there are three sons by wives of different castes, but) no Vaisya among them, they shall divide the estate into eight parts, and take four parts, three parts, and one part respectively.
9. (If there are three sons, but) no Kshatriya among them, they shall divide it into seven parts, and take four parts, two parts, and a single part respectively.
10. If there is no Brâhmana, among them, they hall divide it into six parts, and take three parts, two parts, and a single part respectively.
11. If there are sons of a Kshatriya by a Kshatriya, a Vaisya, and a Sûdra wife, the mode of division shall be the same (i.e. the estate shall be divided into six parts, &c.)
12. Again, if there are two sons of a Brâhmana, the one belonging to the Brâhmana and the other to the Kshatriya caste, they shall divide the estate into seven parts; and of these the Brâhmana son shall take four parts;
13. The Kshatriya son, three parts.
14. Again, if there are two sons of a Brâhmana, and the one belongs to the Brâhmana and the other to the Vaisya caste, the estate shall be divided into six parts; and of these, the Brâhmana shall take four parts;
15. The Vaisya, two parts.
16. Again, if there are two sons of a Brâhmana, and the one belongs to the Brâhmana and the other to the Sûdra caste, they shall divide the estate into five parts;
17. And of these, the Brâhmana shall take four parts;
18. The Sûdra, a single part.
19. Again, if there are two sons of a Brâhmana or a Kshatriya, and the one belongs to the Kshatriya and the other to the Sûdra caste, they shall divide the estate into five parts;
90. And of these, the Kshatriya shall take three parts;
21. The Sûdra, one part.
22. Again, if there are two sons of a Brâhmana or a Kshatriya, and the one belongs to the Kshatriya, the other to the Sûdra caste, they shall divide the estate into four parts;
23. And of these, the Kshatriya shall take three parts;
24. The Sûdra, a single part.
25. Again, if there are two sons of a Brâhmana or a Vaisya or a Sûdra, and the one belongs to the Vaisya, the other to the Sûdra caste, they shall divide the estate into three parts;
26. And of these, the Vaisya shall take two parts;
27. The Sûdra, a single part,
28. If a Brâhmana has an only son, he shall take the whole estate, provided he be a Brâhmana, Kshatriya, or Vaisya.
29. If a Kshatriya has (an only son who is) either a Kshatriya or a Vaisya, (the rule shall be the same.)
30. If a Vaisya has (an only son who is) Vaisya, (the rule shall also be the same);
31. (And so shall the only) son of a Sûdra (be sole heir) to his Sûdra (father).
32. A Sûdra, who is the only son of a father belonging to a twice-born caste, shall inherit one-half of his property;
33. The other half shall devolve in the same way as the property of one who died without leaving issue.18
34. Mothers shall receive shares proportionate to their son's shares;19
35. And so shall unmarried daughters.
36. Sons, who are equal in caste (to their father), shall receive equal shares.
37. A best part (the twentieth part of the inheritance, &c.) shall be given to the eldest, as his additional share.20
38. If there are two sons by a Brâhmana and one by a Sûdra wife, the estate shall be divided into nine parts; and of these, the two sons of the Brâhmana wife shall take two parts, the one son of the Sûdra wife, a single part.
39. If there are two sons by a Sûdra, and one son by a Brâhmana wife, the estate shall be divided into six parts; and of these, the son of the Brâhmana wife shall take four parts, and the two sons of the Sûdra wife together shall take two parts.
40. Upon the same principles the shares have to be adjusted in other cases also.
41. If (brothers), who after a previous division of the estate live again together as parceners, should make a second partition, the shares must be equal in that case, and the eldest has no right to an additional share.
42. What a brother has acquired by, his own efforts, without using the patrimony, he must not give up (to his brothers or other co-heirs), unless by his own free will; for it was gained by his own exertion.21
43. And if a man recovers (a debt or other property), which could not before be recovered by his father, he shall not, unless by his own free will, divide it with his sons; for it is an acquisition made by himself.22
44. Apparel, vehicles23 (carriages or riding-horses), and ornaments (such as are usually worn according to the custom of the caste), prepared food, water (in a well or pool), females (slaves or mistresses of the deceased), property destined for pious uses or sacrifices, a common pasture-ground24, and a book, are indivisible.
Footnotes
1. 1-29. M. IX, 127, 136, 158-181; Y. II, 127-132; Gaut. XXVIII, 18, 19, 32, 33; Colebrooke, Dig. V, 4, CLXXXV; V, 4, CCXV.--28-30. Colebrooke, Dig. V, 4, CCXCIX.--30. M. IX, 163.--31. Colebrooke, Dig. V, 3, CCCXXVII.--32-34. M. IX, 201-203; Y. II, 140, 141; Gaut. XXVIII, 43, 44.--32. Âpast. II, 6, 14, I.--34-38. Colebrooke, Dig. V, 5, CCCXXVII.--40. M. IX, 180; Y. II, 132.--41, 42. M. IX, 182, 183.--44. M. IX, 138; Colebrooke, Dig. V, 4, CCCII.--45-47. M. IX, 106, 137, 139. Of Chapters XV and XVII an excellent translation has been published by Dr. Bühler in the Bombay Digest (1, 1 338-343). I have followed him literally almost throughout.
2. I have translated the reading votpâditah, which was no doubt {footnote p. 62} the reading of Nandapandita, as he paraphrases the whole clause as follows, 'begotten by an elder or younger brother of the husband; on failure of such, by a kinsman allied by funeral oblations on failure of him, by one belonging to the same gotra (race) as the husband; on failure of him, by one descended from the same Rishi ancestors as he; on failure of him, by a member of the highest caste, i. e. a Brâhmana.' The above reading is also found in the London MS. of the text and in the two Calcutta editions. Dr. Bühler's MS., in which Nand.'s Commentary on this chapter is wanting, has kotpâditah, and he translates accordingly, 'begotten by a kinsman . . ., who belongs to the highest caste.' The same reading is found in a quotation contained in Gagannâtha and Colebrooke's Dig. loc. cit. (I quote from a very good though fragmentary Bengali MS. in my possession), where, however, this clause runs as follows, niyuktâyâm savarnena kotpâditah, 'begotten by a man of equal class on a widow duly appointed,' Colebrooke. The other Smritis do not speak of the appointment of others than kinsmen to beget a son on a widow, or wife of a eunuch, &c., unless Yâgñavalkya's words (II, 128) sagotrenetarena vâ, 'by a Sagotra or by another,' may be rendered, contrary to Vigñânesvara's interpretation, by 'a kinsman or one who is no kinsman.'
3. Yatra kvakanotpâdita, 'born wherever,' means, according to Nand., 'begotten anyhow, but otherwise than the above-mentioned sons, upon a woman, whether one's own wife, or another man's wife, whether equal in caste or not, whether legally married to the {footnote p. 64} begetter or not, whether still a virgin or not,' &c. But he adds a very lengthy discussion, the upshot of which is, that the term yatra kvakanotpâdita is applicable to adopted sons only, who, although they are considered as the sons of the adopter, or of the legitimate husband of the woman, upon whom they were begotten by another, may also become heirs to the begetter, in case he has no other son. 'Or this term refers to the son of a Sûdra concubine, whom Manu calls Pârasava' (M. IX, 178). The latter interpretation agrees with the one proposed by Dr. Bühler, who identifies the yatra kvakanotpâdita with the 'Nishâda and Pârasava of other lawyers,' especially of Baudhâyana (11, 2, 22), and with the view taken by Gagannâtha, who thinks that the Saudra (son of a Sûdra woman) is meant.
4. 'The particle tu, "but," indicates that those who have entered the order of ascetics must also be understood here.' (Nand.)
5. 'The particle ka indicates that sons begotten on their wives (Kshetragas) shall also receive a share.' (Nand.)
6. 'Svayambhû means the Veda.' (Nand.)
7. Y. M. X, 5; Y. I, 90; Âpast. II, 6, 13, 1.--4-6. M. X, 11, 12; Y. I, 93, 94; Gaut. IV, 17.--7. M. X, 31.--8-15. M. X, 47-53.--17. M. X, 57.--18. M. X, 62.
8. According to Manu (X, 47) the Mâgadhas are to live by traffic.
9. I. Y. II, 114.--2. Y. II, 121.--3. M. IX, 216; Y. II, 122; Gaut. XXVIII, 29; Colebrooke, Dig. V, 2, CII.--4-16. M. IX, 185-189; Y. II, 135-137; Âpast. II, 6, 14, 2-5; Gaut. XXVIII, 21.--4-13, 15. Colebrooke, Dig. V, 8, CCCCXVII; V, 8, CCCCLIX.--17. M. IX, 211, 212; Y. II, 138; Gaut. XXVIII, 28.--18. M. IX, 194, 195; Y. II, 143, 144; Colebrooke, Dig. V, 9, CCCCLVII.--19. M. IX, 196; Y. II, 145.--20. M. IX, 197; Y. II, 145.--21. M. IX, 192; Y. II, 145; Gaut. XXVIII, 24; Colebrooke, Dig. V, 9, CCCCXCIV.--22. M. IX, 200; Colebrooke, Dig. V, 9, CCCCLXXIII.--23. Y. II, 120.
10. 'On failure of brothers the sister inherits.' (Nand.)
11. 'On failure of a brother's son the, sister's son inherits.' (Nand.)
12. Bandhu means Sapinda (allied by funeral oblations). The inheritance goes first: to the Sapindas on the father's side in thc following order: (the brother's son), the brother's grandson, the grandfather, his son, grandson, and great-grandson, the great-grandfather, his son, grandson, and great-grandson. Then follow the mother's Sapindas in the same order. (Nand.)
13. Sakulya means distant kinsmen, beginning with the fifth in descent and ascent. On failure of such, the inheritance goes to the spiritual teacher; on failure of him, to a pupil of the deceased, as ordained by Âpastamba (II, 6, 14, 3); and on failure of him, to a fellow-student, as stated in Sûtra 12. (Nand.)
14. 'Sulka, "fee," denotes the price or value of a house or other valuable object presented to the bride by her father; or it means the fee paid for her by the bridegroom.' (Nand.) The latter interpretation is evidently the correct one. The bride's 'fee' (see Gaut. XXVIII, 25), from being originally the price due to the parents or guardian of the bride for surrendering her to the bridegroom, became in after times a wedding present, which the bride received from the bridegroom either directly or through her parents. This is the only way to account for the Sulka being enumerated among the constituent parts of Strîdhana in this place. See also I. D. Mayne, Hindu Law and Usage, §§ 77, 566; Mayr, Indisches Erbrecht, 170 seq.; Jolly, Stellung der Frauen, 23, note.
15. See XXIV, 17-27.
16. My rendering of this Sloka is based upon Kullûka's interpretation of the identical passage of Manu (IX, 200), which is supported by Vigñânesvara (Mitâksharâ I, 4, 19 in Colebrooke's version), Mâdhava (Burnell, Dâya-Vibhâga 51), Varadarâga (Burnell, Varadarâga's Vyavahâranîrnaya 49), and others. Nand. proposes a different interpretation, on which rests Dr. Bühler's rendering, 'Those ornaments, which the wives usually wear, should not be divided by the heirs whilst the husbands are alive.'
17. 1-5. M. IX, 149, 151-153; Y. II, 125.--11, 25-27. Y. II, 125.--1-31, 38-40. Colebrooke, Dig. V, 3, CLIII.--32-37. Colebrooke, Dig. V, 3, CLXXII. V, 2, LXXXVI; V, 1, LIV.--36. Y. II, 114;--Âpast. II, 6, 14, 1.--41. M IX, 210.--42, 43. M. IX, 208, 209; Y. II, 118, 119.--44. M. IX, 219; Gaut. XXVIII, 46, 47.--43, 44. Colebrooke, Dig. V, 2, XCI; V, 5, CCCLXIII.
18. See XVII, 4 seq.
19. 'That is to say, a Brâhmana wife shall take four parts, a Kshatriya wife, three parts,' &c. (Nand.)
20. See Gaut. XXVIII, 5.
21. The term svayamîhitalabdham has been translated according to Kullûka (on M. IX, 208). Nand. interprets this Sloka thus, 'What a brother has acquired by his own efforts, and what has been given to him, at his desire (by friends or others), he must not give up,' &c.
22. Here again I have followed Kullûka (on M. IX, 209), and deviated from Nand.'s interpretation, who renders this Sloka as follows, 'If a man recovers property, &c., or if he gains property by himself (by his learning or valour, &c.) . . . '
23. The term pattra has been rendered above in accordance with the first interpretation proposed by Nand., and with Kullûka's interpretation (on M. IX, 219). Vigñânesvara (in his comment upon the same passage of Manu) refers it to written documents, such especially as relate to a debt to be paid to the deceased; and {footnote p. 75} this interpretation is mentioned by Nand. also. But there is no reason why an unliquidated demand should not be divided; and written documents are only twice referred to in the code of Manu (VIII, 168, and IX, 232).
24. in translating the term prakâra I have again followed Kullûka loc. cit.; see also Petersburg Dictionary s. v. Nand. interprets this term as denoting 'a path leading to or from the house.'
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