History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.1160

v4.c63.1160

The basic verse on things impartible from their very nature is Manu IX. 219¹¹⁰⁷ (= Viṣṇu Dh. S. 18. 44) which says "clothes, vehicles, ornaments, cooked food, water (well etc.), women, *yogakṣema* and ways—these are declared to be impartible". All commentators explain that clothes ordinarily worn by the several members are impartible, provided they are more or less equal in value but not costly ones nor new ones. The same remark applies to vehicles and ornaments. *Pracāra* means either "ways leading to the house, garden and the like" (Mit., Aparārka, and V. P.) and also 'ways and pasture lands for cows and the like' (Sm. C. II. p. 277, Kullūka). The Mit. (on Yāj. II. 118-119) states a special rule from Bṛ. that¹¹⁰⁸ the clothes and ornaments worn by the father, the bed and the vehicle used by him should on his death be donated to the brāhmaṇa invited at the father's śrāddha. As to ornaments, the Mit. following Manu IX. 200 says that those ornaments that are ordinarily worn by the respective members or their wives should not be divided, but those that are not so used everyday should be divided. A well is to be enjoyed by turns and not to be partitioned by valuing it.¹¹⁰⁹ If there be a single female slave (not a concubine) she was to be made to work for the divided members by turns, but if there be several slaves they could be assigned to each or their price could be divided. The expression "*yogakṣema*" has been variously explained from very ancient times. Laugākṣi (quoted by the Mit.) states "those who know the truth say that 'yoga' means 'sacrifices' and kṣema means *pūrta* (i. e. works of charity like wells). They both (i. e. the money set apart for these or the merit derived from these) are impartible, as are also the bed and the (wooden) seat (used by the father or other member)." From this verse the Mit. concludes that *yogakṣema* means sacrificial acts performed with śrauta or smārta fire and charitable gifts such as constructing a tank or park etc. For iṣṭa and pūrta vide H. of Dh. vol. II. pp. 147, 843-844 and pp. 914-915 n. 2112 for the Mit. on yogakṣema. The words "yoga" and "kṣema" occur even in the Ṛgveda VII. 86. 8, X. 89. 10, X. 166. 5 and in Tai Br. III. 9. 19. 3 and Ait. Br. 37. 2. Even though joint family funds are spent for these still they are impartible. The Mit. further states that according to some *yogakṣema* means¹¹¹⁰ "royal ministers and purohita" who bring about the welfare of people, while others hold that the word means "umbrella, *chowrie*, weapons, shoes, and the like". From Gaut. IX. 63 and XI. 16 it appears that *yogakṣema* came to mean even before Gautama's time "comfortable life" or "easy and happy way of maintenance" (particularly for a learned brāhmaṇa). The V. R. p. 504 tells¹¹¹¹ us that, according to Prakāśa, yogakṣema means "maintenance or annuity descending from the father (to the son) at a royal palace" and that Halāyudha explained yoga as meaning a ship or the like and kṣema as fort. The Sm. C. II. p. 277 after quoting Laugākṣi gives an alternative explanation that yogakṣema means the wealth gained by a learned brāhmaṇa resorting to a rich man for his maintenance.¹¹¹²