History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.t1.23

v4.c63.t1.23

According to Manu IX. 125,¹¹⁹⁴ if all wives of a person are of the same caste, then the son who is born first (even from a wife who is junior i. e. married later) is the eldest son and that among twins the one that is born first is the eldest (verse 126), just as in the Subrahmaṇyā¹¹⁹⁵ texts the invocation of Indra is made by the name of the first-born. But if he has wives of different castes then the son of the wife of his own caste is the eldest (though born later) and the son of a wife of a lower caste though born first would be postponed. Devala1195a quoted in V. R. p. 477 and V. C. p. 128 says the same as Manu IX. 125. Manu IX. 123 and Gaut. 28. 16 appear to conflict with Manu IX. 125 and probably refer to some other ancient text or opinion. The V. Mayūkha (pp. 97–98) notes that in some medical works and in the (commentary on the) Bhāgavata Purāṇa III. 17. 18, it is said that among twins the one born later is deemed to be the elder, but that this, being opposed to the indications contained in the Vedic Subrahmaṇyā formula and in Manu IX. 126, has no bearing here (but only in medical matters). The Nirṇayasindhu (III Pūrvārdha p. 251) makes a reference to the Bhāgavata.