Apastambadharmasutra 2.6.14
Āpastambadharmasūtra 2.6.14
- Language
- Sanskrit
2.6.14.1
[jīvan putrebhyo dāyaṃ [vibhajet samaṃ klībam [unmattaṃ# [patitaṃ ca [parihāpya / ( K unmatta )
He should, during his lifetime, divide his wealth equally amongst his sons, excepting the eunuch, the mad man, and the outcast.
2.6.14.2
putrābhāve yaḥ [pratyāsannaḥ sapiṇḍaḥ /
On failure of sons the nearest Sapinda (takes the inheritance).
2.6.14.3
tadabhāva ācārya ācāryābhāve- 'antevāsī [hṛtvā tadartheṣu dharmakṛtyeṣu vā-[upayojayet /
On failure of them the spiritual teacher (inherits); on failure of the spiritual teacher a pupil shall take (the deceased's wealth), and use it for religious works for the (deceased's) benefit, or (he himself may enjoy it);
2.6.14.4
duhitā vā/
Or the daughter (may take the inheritance).
2.6.14.5
sarvābhāve rājā dāyaṃ [hareta# / ( K haret )
On failure of all (relations) let the king take the inheritance.
2.6.14.6
jyeṣṭho dāyāda ity eke /
Some declare, that the eldest son alone inherits.
2.6.14.7
deśaviśeṣe suvarṇam kṛṣṇā gāvaḥ kṛṣṇaṃ bhaumaṃ jyeṣṭhasya /
In some countries gold, (or) black cattle, (or) black produce of the earth is the share of the eldest.
2.6.14.8
rathaḥ pituḥ parībhāṇḍaṃ# ca gṛhe / ( K paribhāṇḍaṃ )
The chariot and the furniture in the house are the father's (share).
2.6.14.9
alaṃkāro bhāryāyā# jñātidhanaṃ ca-ity eke / ( K bhāryāyāḥ )
According to some, the share of the wife consists of her ornaments, and the wealth (which she may have received) from her relations.
2.6.14.10
tat-śāstrair [vipratiṣiddham /
That (preference of the eldest son) is forbidden by the Sâstras.
2.6.14.11
manuḥ putrebhyo dāyaṃ [vyabhajad ity aviśeṣeṇa [śrūyate /
For it is declared in the Veda, without (marking) a difference (in the treatment of the sons): Manu divided his wealth amongst his sons.
2.6.14.12
atha-api tasmāt-jyeṣṭhaṃ putraṃ dhanena [niravasāyayanti-ity ekavat-[śrūyate /
Now the Veda declares also in conformity with (the rule in favour of the eldest son) alone: They distinguish the eldest by (a larger share of) the heritage.
2.6.14.13
atha-api nityānuvādam avidhim [āhur nyāyavido yathā tasmād ajāvayaḥ paśūnāṃ saha#1 [caranti#1-iti#2 tasmāt snātakasya mukhaṃ [rebhāyati#3-iva#4 tasmād bastaś ca śrotriyaś ca strīkāmatamāv iti / ( K 1:sahacaranti-, 2:inserts /, 3:rephāyati-, 4:inserts / )
(But to this plea in favour of the eldest I answer): Now those who are acquainted with the interpretation of the law declare a statement of facts not to be a rule, as for instance (the following): 'Therefore amongst cattle, goats and sheep walk together;' (or the following), 'Therefore the face of a learned Brâhmana (a Snâtaka) is, as it were, resplendent;' (or), 'A Brâhmana who has studied the Vedas (a Srotriya) and a he-goat evince the strongest sexual desires.'
2.6.14.14
sarve hi dharmayuktā[ bhāginaḥ /
Therefore all (sons) who are virtuous inherit.
2.6.14.15
yas tv adharmeṇa dravyāṇi [pratipādayati jyeṣṭho- 'api tam abhāgaṃ [kurvīta /
But him who expends money unrighteously, he shall disinherit, though he be the eldest son.
2.6.14.16
jāyāapatyor na vibhāgo [vidyate /
No division takes place between husband and wife.
2.6.14.17
pāṇigrahaṇād-hi sahatvaṃ karmasu /
For, from the time of marriage, they are united in religious ceremonies,
2.6.14.18
tathā puṇyaphaleṣu /
Likewise also as regards the rewards for works by which spiritual merit is acquired,
2.6.14.19
dravyaparigraheṣu ca /
And with respect to the acquisition of property.
2.6.14.20
na hi bhartur vipravāse naimittike dāne steyam [upadiśanti //
For they declare that it is not a theft if a wife spends money on occasions (of necessity) during her husband's absence.
Translations (1)
- The Sacred Laws of the Âryas, Part I (SBE 2) — Georg Bühler 1879, English
Commentaries (1)
- Ujjvalā — Haradatta (dharmasūtra commentator), Sanskrit