History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.t2.354

v4.c63.t2.354

It is now necessary to find how strīdhana was defined by the several commentaries and digests that are held authoritative in the several schools. This is a most important matter for practical purposes, since the courts have to follow the opinions of commentators¹⁵⁰⁷ that are authoritative in each school and are not at liberty to put their own construction upon ancient smṛti texts, if such construction would run counter to the express opinions of the authoritative commentators. First then comes the Mitākṣarā. Its gloss on Yāj. II. 143 may be translated as follows¹⁵⁰⁸: 'whatever is given by the father, mother, husband and brother; what was presented by the maternal uncle and the like at the time of marriage before the nuptial fire; and *ādhivedanika*, that is, gift made (by the husband) at the time of marrying a second wife as will be described subsequently in the words 'he should give to the wife that is superseded' (Yāj. II. 148); by the word 'ādya' (meaning 'and the like') is indicated property that is obtained by succession, purchase, partition, seizure or finding—all this is declared by Manu and others to be strīdhana. The word strīdhana is employed here in its etymological sense and not in a technical sense, since, when the etymological sense is possible, it is improper to resort to the technical sense.' The Mitākṣarā expanded the definition of strīdhana so as to include under it the five kinds of property of which a man becomes owner in various ways according to Gautama X. 39. The result is that, according to the Mit., property of any description belonging to a woman becomes strīdhana even if it be inherited by her from a male as a widow or as a mother or even if it be obtained at a partition by a wife or mother (acc. to Yāj. II. 115 or 123 respectively). The same interpretation of the word 'ādya' has been accepted by several works, such as the Madanapārijāta (p. 671), the S. V. (p. 379), V. P. (p. 542), the Bālambhaṭṭī. Aparārka without reading 'ādya' gave the same explanation of 'ca' as stated above (on p. 773). On the other hand, the Dāyabhāga gave a restricted meaning to the word. Jīmūtavāhana reads Yāj. II. 143 as '*ādhivedanikaṃ caiva*', quotes the verse of Devala (in note 1501), remarks that strīdhana is not restricted to the six kinds of Manu (IX. 194) but includes other kinds mentioned by other smṛtis and finally¹⁵⁰⁹ observes: 'that alone is strīdhana which a woman has authority to donate, sell or enjoy independently of her husband's control'. The Dāyabhāga does not expressly state the kinds of property that a woman can dispose of independently of her husband, but immediately after defining strīdhana it quotes the texts of Kāt. (about earnings from mechanical arts and gifts from strangers) and Nār. (IV. 28), 'what has been given to a wife by her loving husband, she may spend or give away as she likes even after his death excepting immovables'. From this it follows that, according to the Dāyabhāga, all gifts from relations except a gift of immovable property made by the husband and gifts from even strangers made before the nuptial fire or on the bridal procession constitute strīdhana, but property inherited by a woman or obtained on partition, gifts from strangers (other than the two kinds noted above) and property acquired by her by mechanical arts or by her labour are not strīdhana. The Dāyatattva closely follows the Dāyabhāga.