Baudhayanadharmasutra 2.2.3

2.2.3.1

nityodakī nityayajñopavītī nityasvādhyāyīvṛṣalānnavarjī /
ṛtau ca gacchan vidhivac ca juhvan na brāhmaṇaś (cyavatebrahmalokāt //

A Brâhmana who always carries water (in his pot), who always wears the sacred thread, who daily recites the Veda, who avoids the food of Sûdras, who approaches (his wife) in the proper season, and offers sacrifices in accordance with the rules (of the Veda, after death) never falls from Brahman's heaven.

2.2.3.2

manuḥ putrebhyo dāyaṃ (vyabhajad iti śrutiḥ //

The Veda (says), 'Manu divided his estate among his sons.'

2.2.3.3

samaśaḥ sarveṣām aviśeṣāt //

(A father may, therefore, divide his property) equally among all, without (making any) difference;

2.2.3.4

varaṃ vā rūpam (uddharej jyeṣṭhaḥ //

Or the eldest may receive the most excellent chattel.

2.2.3.5

tasmāj jyeṣṭhaṃ putraṃ dhanena (niravasāyayantīti śrutiḥ //

(For) the Veda says, 'Therefore, they distinguish the eldest by (an additional share of the) property.

2.2.3.6

daśānāṃ vaikam (uddharej jyeṣṭhaḥ //

Or the eldest may receive (in excess) one part out of ten;

2.2.3.7

samam itare (vibhajeran //

(And) the other (sons) shall receive equal shares.

2.2.3.8

pitur anumatyā dāyavibhāgaḥ sati pitari //

While the father lives, the division of the estate takes place (only) with the permission of the father.

2.2.3.9

caturṇāṃ varṇānāṃ gośvājāvayo jyeṣṭhāṃśaḥ //

The (additional) share of the eldest is, (according to the order) of the four castes, a cow, a horse, a goat, and a sheep.

2.2.3.10

nānāvarṇastrīputrasamavāye dāyaṃ daśāṃśān (kṛtvācaturas trīn dvāv ekam iti yathākramaṃ (vibhajeran //

If there are sons born of wives of different castes (varna), they should make ten portions of the ancestral property and take four (shares), three, two, (and) one, according to the order (of the castes).

2.2.3.11

aurase tūtpanne savarṇās tṛtīyāṃśaharāḥ //

But if a legitimate son of the body (aurasa) is born, the (other) sons of equal caste shall obtain one third share (of the estate).

2.2.3.12

savarṇāputrānantarāputrayor anantarāputraś ced guṇavānsa jyeṣṭhāṃśaṃ (haret //

If there is a son of equal caste and a son of a wife of the next lower caste, the son born of the wife of the next lower caste may take the share of the eldest, provided he be endowed with good qualities.

2.2.3.13

guṇavān hi śeṣāṇāṃ bhartā (bhavati //

(A son) who possesses good qualities becomes the protector of the rest.

2.2.3.14-1

savarṇāyāṃ saṃskṛtāyāṃ svayamutpāditam aurasaṃ putraṃ(vidyāt /

2.2.3.14-2

athāpy (udāharanti / [K om.]

2.2.3.14-3ab

aṅgād aṅgāt (saṃbhavasi hṛdayād adhi (jāyase / [K om.]

2.2.3.14-3cd

ātmā vai putranāmāsi sa (jīva śaradaḥ śatam // iti //[K om.]

2.2.3.15

(abhyupagamya duhitari jātaṃ putrikāputram anyaṃ dauhitram //

The (male child) born of a daughter, after an agreement has been made, (one must know to be) the son of an appointed daughter (putrikâputra); any other (male offspring of a daughter they call) a daughter's son (dauhitra).

2.2.3.16-1

athāpy (udāharanti /

2.2.3.16-2ab

(ādiśet prathame piṇḍe mātaraṃ putrikāsutaḥ /

2.2.3.16-2cd

dvitīye pitaraṃ tasyās tṛtīye ca pitāmaham // iti //

2.2.3.17

mṛtasya prasūto yaḥ klībavyādhitayor vānyenānumate sve kṣetre sa kṣetrajaḥ //

He who is begotten, by another man, on the wife of a deceased man, of a eunuch, or of one (incurably) diseased, after permission (has been given), is called the son begotten on a wife (kshetraga).

2.2.3.18

sa eṣa dvipitā dvigotraś ca dvayor api svadhārikthabhāg(bhavati //

Such a (son begotten on a wife) has two fathers and belongs to two families; he has a right to perform the funeral oblations, and to inherit the property of (his) two (fathers).

2.2.3.19-1

athāpy (udāharanti /

2.2.3.19-2ab

dvipituḥ piṇḍadānaṃ (syāt piṇḍepiṇḍe ca nāmanī /

2.2.3.19-2cd

trayaś ca piṇḍāḥ ṣaṇṇāṃ (syur evaṃ kurvan na (muhyati // iti //

2.2.3.20

mātāpitṛbhyāṃ datto 'nyatareṇa vā yo 'patyārthe(parigṛhyate sa dattaḥ //

He (is called) an adopted son (datta) who, being given by his father and his mother, or by either of the two, is received in the place of a child.

2.2.3.21

sadṛśaṃ yaṃ sakāmaṃ svayaṃ (kuryāt sa kṛtrimaḥ //

He (is called) a son made (kritrima) whom (a mail) himself makes (his son), with the (adoptee's) consent (only), and who belongs to the same caste (as the adopter).

2.2.3.22

gṛhe gūḍhotpanno 'nte jñāto gūḍhajaḥ //

He is called a son born secretly (gûdhagga) who is secretly born in the house and whose (origin is) afterwards (only) recognised.

2.2.3.23

mātāpitṛbhyām utsṛṣṭo 'nyatareṇa vā yo 'patyārthe(parigṛhyate so 'paviddhaḥ //

He is called a son cast off (apaviddha) who, being, cast off by his father and his mother, or by either (of them), is received in the place of a child.

2.2.3.24

asaṃskṛtām anatisṛṣṭāṃ yām (upagacchet tasyāṃ yo jātaḥ sa kānīnaḥ //

If anybody approaches an unmarried girl without the permission (of her father or guardian), the son born by such (a woman is called) the son of an unmarried damsel (kânîna).

2.2.3.25

yā garbhiṇī (saṃskriyate vijñātā vāvijñātā vā tasyāṃyo jātaḥ sa sahoḍhaḥ //

If one marries either knowingly or unknowingly a pregnant bride, the child which is born of her is called (a son) taken with the bride (sahodha).

2.2.3.26

mātāpitror hastāt krīto 'nyatareṇa vā yo 'patyārthe(parigṛhyate sa krītaḥ //

He (is called a son) bought (krîta) who, being purchased from his father and his mother, or from either of them, is received in the place of a child.

2.2.3.27

klībaṃ (tyaktvā patitaṃ vā yānyaṃ patiṃ (vindet tasyāṃpunarbhvāṃ yo jātaḥ sa paunarbhavaḥ //

He (is called the son) of a twice-married woman (paunarbhava) who is born of a re-married female, (i.e.) of one who, having left an impotent man, has taken a second husband.

2.2.3.28

mātāpitṛvihīno yaḥ svayam ātmānaṃ (dadyāt sa svayaṃdattaḥ //

He (is called) a self-given (son, svayamdatta) who, abandoned by his father and his mother, gives himself (to a stranger).

2.2.3.29

dvijātipravarāt śūdrāyāṃ jāto niṣādaḥ //

He who is begotten by (a man of) the first twice-born (caste) on a female of the Sûdra caste (is called) a Nishâda.

2.2.3.30

kāmāt pāraśava iti putrāḥ //

(He who was begotten by the same parents) through lust (is called) a Pârasava. Thus (the various kinds of) sons (have been enumerated).

2.2.3.31-1

athāpy (udāharanti /

2.2.3.31-2ab

aurasaṃ putrikāputraṃ kṣetrajaṃ dattakṛtrimau /

2.2.3.31-2cd

gūḍhajaṃ cāpaviddhaṃ ca rikthabhājaḥ (pracakṣate //

2.2.3.32

kānīnaṃ ca sahoḍhaṃ ca krītaṃ paunarbhavaṃ tathā /
svayaṃdattaṃ niṣādaṃ ca gotrabhājaḥ (pracakṣate //

'They declare the son of an unmarried damsel and the son received with the bride, the son bought, likewise the son of a twice-married female, the son self-given and the Nishâda, to be members of the family.'

2.2.3.33

teṣāṃ prathama evety (āhaupajaṅghaniḥ //

Aupagandhani (declares that) the first among them alone (is entitled to inherit, and a member of his father's family).

2.2.3.34-1ab

idānīm aham (īrṣyāmi strīṇāṃ janaka no purā /

2.2.3.34-1cd

yato yamasya sadane janayituḥ putram abruvan //

2.2.3.34-2ab

retodhāḥ putraṃ nayati paretya yamasādane /

2.2.3.34-2cd

tasmāt svabhāryāṃ (rakṣantu bibhyataḥ pararetasaḥ //

2.2.3.35

apramattā rakṣata tantum etaṃ mā vaḥ kṣetreparabījāni (vāpsuḥ /
janayituḥ putro (bhavati sāṃparāye moghaṃvettā (kurute tantum etam // iti //

'Carefully watch (the procreation of your) offspring, lest strange seed fall on your soil. After death the son belongs to the begetter; through carelessness a husband makes (the procreation of) a son useless.'

2.2.3.36

teṣām aprāptavyavahārāṇām aṃśān sopacayān suniguptān(nidadhyur ā vyavahāraprāpaṇāt //

Let them carefully protect the shares of those who are minors, as well as the increments (thereon).

2.2.3.37

atītavyavahārān grāsācchādanair (bibhṛyuḥ //

Granting food, clothes, (and shelter), they shall support those who are incapable of transacting legal business,

2.2.3.38

andhajaḍaklībavyasanivyādhitādīṃś ca //

(Viz.) the blind, idiots, those immersed in vice, the incurably diseased, and so forth,

2.2.3.39

akarmiṇaḥ //

Those who neglect their duties and occupations;

2.2.3.40

patitatajjātavarjam //

But not the outcast nor his offspring.

2.2.3.41

na patitaiḥ saṃvyavahāro (vidyate //

Intercourse with outcasts shall not take place.

2.2.3.42

patitām api tu mātaraṃ (bibhṛyād anabhibhāṣamāṇaḥ //

But he shall support an outcast mother, without speaking to her.

2.2.3.43

mātur alaṃkāraṃ duhitaraḥ sāṃpradāyikaṃ (labherann anyad vā //

The daughters shall obtain the ornaments of their mother, (as many as are) presented according to the custom (of the caste), or anything else (that may be given according to custom).

2.2.3.44

na striyāḥ svātantryaṃ (vidyate //

Women do not possess independence.

2.2.3.45-1

athāpy (udāharanti /

2.2.3.45-2ab

pitā (rakṣati kaumāre bhartā (rakṣati yauvane /

2.2.3.45-2cd

putras tu sthavirībhāve na strīsvātantryam (arhati // iti //

2.2.3.46

nirindriyā hy adāyāś ca striyo matā iti śrutiḥ //

The Veda declares, 'Therefore women are considered to be destitute of strength and of a portion.'

2.2.3.47

bhartṛhite yatamānāḥ svargaṃ lokaṃ (jayeran //

Those (women) who strive (to do what is) agreeable to their husbands will gain heaven.

2.2.3.48

vyatikrame kṛcchraḥ //

But for a violation (of their duty towards the husband) a Krikkhra penance (must be performed).

2.2.3.49

śūdre cāndrāyaṇaṃ (caret //

(For violating it) with a Sûdra (a woman) shall perform a lunar penance (kândrâyana);

2.2.3.50

vaiśyādiṣu pratilomaṃ kṛcchrātikṛcchrādīṃś (caret //

(For violating it) against the order of the castes with a Vaisya and so forth, she shall perform a Krikkhra or an (Atikrikkhra) penance.

2.2.3.51

puṃsāṃ brāhmaṇādīnāṃ saṃvatsaraṃ brahmacaryam //

For male (offenders, i.e.) Brâhmanas and so forth, a year's chastity (is prescribed).

2.2.3.52

śūdraṃ kaṭāgninā (dahet //

Let him burn a Sûdra (who commits adultery with an Âryan) in a straw-fire.

2.2.3.53

athāpy (udāharanti //

Now they quote also (the following verses):