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p. 67

XVII.

1. If a father makes a partition with his sons, he may dispose of his self-acquired property as he thinks best.

[XVII. 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.]

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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;

9. On failure of him, to his brother's son;

10. On failure of him, to the relations called Bandhu;

11. On failure of them, to the relations called Sakulya;

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.

[8. 'On failure of brothers the sister inherits.' (Nand.)

9. 'On failure of a brother's son the, sister's son inherits.' (Nand.)

10. 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.)

11. 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.)]

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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).

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.

[18. '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

19, 20, See XXIV, 17-27.]

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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.

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).


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