The Cambridge History of India, Vol. I: Ancient India v1.c21.51

v1.c21.51

Since, in distinction from the Gṛihya Sūtras, the Dharma Sūtras have to do with society rather than with family, it is here that we find the beginning of civil and criminal law, although legal punishments are still retained in part under the head of penance, and the conditions of inheritance, which depend on the family, are partly explained under domestic duties, for these include (as we have seen) the rite of marriage, apropos of which is first defined the family (*gotra*, *gens*) into which one may marry. The rule is that a man shall not give his daughter to one belonging to the same *gotra*, that is, having the same family name², or, in the case of priests, descended from the same Vedic seer, or to one related on the mother's side within six degrees. Then the rules for inheritance, assuming the meaning of the Sapiṇḍa as one within six degrees, make Sapiṇḍas the heirs after or in default of sons. The Sapiṇḍas here are males only. The widow is excluded, and the daughter (according to Āpastamba) inherits only in default of sons, teacher, or pupil, these, however, being recommended to employ the inheritance for the spiritual good of the deceased. Probably the general rule anticipates not the death of the owner but a division of property among the sons during his lifetime. The king inherits in default of the others named, and some say that among the sons only the eldest inherits. These rules are sufficiently vague, but local laws are also provided for in the additional rule: 'In some countries gold, (or) black cattle, (or) black produce of the earth (grain or iron?) is the share of the eldest' (Āp., *Dh.S.*, II, 14, 7). Then in regard to what the wife receives, the Sūtra leaves it doubtful whether the rule 'the share of the wife consists of her ornaments and wealth received from her relations, according to some (authorities),' is to be interpreted in such a manner that 'according to some' refers only to the last clause or to the whole.