History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.t1.96.1

v4.c63.t1.96.1

There is great confusion and contradiction among the sūtras and smṛtis about the place of the several kinds of sons and about their rights. For example, Gautama (probably the most ancient among extant sūtrakāras) assigns the 10th place to the putrikāputra, while Baud., Kauṭ., Yāj., Bṛ. and Devala give him the 2nd place and Vasiṣṭha, Śaṅkha-Likhita, Nār., and Viṣṇu put him 3rd. The *dattaka* is placed very low in the list by most works except by Manu, Gaut., Baud., Bṛ. and Brahmapurāṇa (which put him 3rd or 4th). The 12 kinds are put in two groups by some works. Gaut. (28. 30–31) provides that the aurasa, kṣetraja, datta, kṛtrima, gūḍhotpanna and apaviddha are *rikthabhājaḥ* (take the wealth) and also belong to the *gotra* of the man whose sons they are, while the other six take only the gotra but not the wealth. Baud. Dh. S. (II. 2. 36–37) employs the same words *rikthabhājaḥ* and *gotrabhājaḥ* but differs from Gaut. in including putrikāputra among 'rikthabhājaḥ' and omitting him from the group of 'gotrabhājaḥ'.¹²³³ Another division (each having six kinds) is into *bandhu-dāyāda* or *dāyādabāndhava* (Manu IX. 158–159 and Nār. dāyabhāga 47) and *adāyādabāndhava* (Manu IX. 160, Vas. 17. 38, Nār. dāyabhāga. 47). The first group, acc. to Manu, comprises aurasa (also putrikā), kṣetraja, datta, kṛtrima, gūḍhotpanna and apaviddha.