History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v2.c26.177

v2.c26.177

The Bengal school represented by the Dāyabhāga and Raghunandana differ from the Mitākṣarā in the interpretation of the word ‘sapiṇḍa’. In this system the word ‘piṇḍa’ is taken to mean ‘the ball of rice’ that is offered in śrāddhas to deceased ancestors &c. (while under the Mit. interpretation ‘piṇḍa’ means body or particles of body). Sapiṇḍa means ‘one who is connected with another through oblations of food’. The author of the Dāyabhāga propounds his theory with reference to inheritance and he himself says that with reference to aśauca¹¹⁰⁹ sapiṇḍa relationship is to be differently understood. Further Jīmūtavāhana does not set forth his theory of sapiṇḍa relationship with reference to marriage. His theory is that in matters of inheritance the guiding principle is the spiritual benefit (*upakārakatva*) conferred on the deceased through oblations of food, and he relies on Manu (IX. 106) for this proposition. For his sapiṇḍa theory he principally relies on two passages, Baud.¹¹¹⁰ Dh. S. I. 5. 113-115 and Manu IX. 186-187. Baudhāyana’s words are ‘the paternal great-grand-father, the paternal grandfather, the father, the man himself, his full brothers, his son, grandson and son’s son from a woman of the same varṇa: all these participating in undivided *dāya* (heritage) are called sapiṇḍas. Those who participate in divided *dāya* are called *sakulyas*. Thus issue of the body existing, wealth goes to them; on failure of sapiṇḍas, the sakulyas’. The text of Manu (IX. 186-187) is ‘To three, libations of water must be given; towards three piṇḍa proceeds; the fourth is the giver of these (of water and piṇḍas), there is no fifth properly (concerned in this). Whoever is the nearest among sapiṇḍas, his becomes the wealth of him (who dies). After him the sakulya becomes (the heir) &c’. Jīmūtavāhana’s explanation of this text is as follows: ‘A man when living offers piṇḍas to his three male ancestors; but when he himself dies, his son performs the *sapiṇḍīkaraṇa*¹¹¹¹ śrāddha for him, he is made one with the pitṛs and he then begins to participate along with his father and grandfather in the three piṇḍas offered by his son to the latter's three ancestors. Thus those to whom he offers piṇḍas and those who offer piṇḍas to him are called, since they share in undivided oblations, *avibhaktadāyāda sapiṇḍas.* Several objections can be raised against the theory of Jīmūtavāhana. In the first place he assigns the meaning of piṇḍa to the word dāya in Baudhāyana's passage for which there is no warrant. Baudhāyana really means that those enumerated by him are called sapiṇḍas who take undivided wealth i. e. who constitute an undivided family. In the next place on his interpretation the word sapiṇḍa has to be interpreted in entirely different ways for āśauca and marriage. Besides he himself is not sure of his ground, since he says that although learned men may not approve of his theory that spiritual benefit is the guiding principle in taking property by inheritance they must admit that the order of heirs as stated by him relying on Manu IX. 186-187 is the proper one.¹¹¹²