History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.1022

v4.c63.1022

The words *dāya* and *vibhāga* have been variously defined in the digests. Nār. (*dāyabhāga*, verse 1) defines the vyavahārapada dāyabhāga as one in which sons arrange for the partition of their father's wealth. The Madanaratna as noted by the V. Mayūkha (text p. 94) reads 'arthasya pitryādeḥ' (wealth of the father and others) for 'pitryasya' in Nārada's verse. The Smṛtisaṅgraha quoted in the Sm. C. and other works states that the word dāya applies to wealth that comes to a man through the father or the mother and the Nighaṇṭu defines dāya as the paternal wealth that is to be divided.¹⁰¹⁶ The Dāyabhāga, the Mit. and others explain that the words 'pitryasya' (father's) and 'putraiḥ' (by the sons) in Nār. are only illustrative, the real meaning being that the word 'dāyabhāga' applies wherever the wealth of a relative (father, grand-father &c.) is distributed among his relatives (sons, grandsons &c.) simply on account of their relation to the deceased¹⁰¹⁷ owner. This is borne out by the fact that Manu and Nārada both speak of the distribution of the mother's wealth also under dāyabhāga. The Mit. while introducing Yāj. II. 114 says that the word *dāya* means the wealth which becomes another's property simply by reason of the fact of his relation to the owner. The V. Mayūkha (p. 93) defines dāya as that wealth which is to be divided and which is not the wealth of re-united members.