History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.t1.14

v4.c63.t1.14

Another mode of dealing with the privileges of the eldest son was to give him some excellent or valuable article and then to distribute the rest equally. The Tai. S. II. 2. 2. 7 seems to have been understood by Āp. Dh. S. II. 6. 14. 1 and Baud. Dh. S. II. 2. 2-5¹¹⁸⁷ in this sense. Manu IX. 114 says that the eldest may get the best of all the items of wealth, whatever is the most eminent and the best of a group of ten cattle. Bṛ. (S. B. E. 33 p. 371 verse 8) is to the same effect. Kauṭ. III. 6 points out that according to Uśanas among the sons born of the same mother, goats shall be the special share of the eldest among brāhmaṇas, horses among kṣatriyas, cows among vaiśyas and sheep among śūdras, that if there be no quadrupeds the eldest was to take an additional share of one-tenth of the whole property excepting precious stones, since he releases his father from fetters (of Hell) by offering śrāddha. Kauṭ. himself holds that the eldest should get the vehicle and ornaments of his father (after the latter's death); the middle-most his bed, seat and the bronze plate from which the father took his meals; and the youngest should get black grain (like sesame), iron, domestic utensils and the bullock cart. Hārīta¹¹⁸⁸ says: "at a partition the eldest should get a bull, the most precious wealth, the images for worship and the ancestral house, the other brothers should go out and build new houses or if there be a single house the eldest should get the southern (or best) portion". This special allotment to the eldest is called *uddhāra* (lit. what is first taken out) in Manu IX. 115-116 and Viṣṇu Dh. S. 18. 37, and Baud. employs the form "uddharet". There were other methods also prescribed for special distribution of wealth. Gaut. 28. 5 says that the eldest should get one-twentieth of the whole as a special share, a bull and a cow, a cow, a chariot to which horses, asses or mules are yoked and a bull. Manu IX. 112 provides that the special share of the eldest was one-twentieth of the whole property and whatever was the most valuable out of the ancestral property, the middlemost son should get half of this (i. e. one-fortieth part) and the youngest one-fourth of this (one-eightieth of the whole). Manu IX. 117 states that when no valuable items are taken out for the eldest the latter should get two shares, the son next to him one share and a half and the other sons one share each. Vas. 17. 42, Nār. (dāyabhāga 13), Bṛ. (S. B. E. vol. 33 p. 371 verse 9) also give two shares to the eldest, the latter¹¹⁸⁹ making it to depend on the possession of learning and good qualities by the eldest. Similarly Nār. (dāyabhāga 12), Bṛ. (S. B. E. vol. 33 p. 370 verse 5) provide¹¹⁹⁰ that when the father makes a division during his lifetime he may retain two shares for himself. Śaṅkha-Likhita allowed this right to the father only when he had an only son.¹¹⁹¹