History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v5.c73.125

v5.c73.125

First comes the question as to who are entitled to offer śrāddha (*śrāddhādhikārin*) This matter has been already dealt with in the H. of Dh. vol. III p 739 ff., and on page 763 and on pp. 256-261 (notes 581-588) above. It would be noticed that some (like the Viṣṇudharmasūtra) prescribe that whoever takes the wealth of the deceased should offer *piṇḍas* (i. e. perform śrāddha for him), while others said that whoever was preferable as entitled to offer piṇḍas to the deceased propositus was to take the wealth. A few matters not mentioned there may be added here. In the Śāntiparva 65. 13-21 it is narrated⁸³⁰ that emperor Māndhātṛ was told by Indra how Yavanas, Kirātas and similar non-Āryan peoples (that are styled Dasyus in the Epic) are to be made to conduct themselves and it is stated that all *dasyus* may perform Pitṛyajñas (in which they should feed men of their own kind and make monetary gifts to them) and offer money to brāhmaṇas also. The Vāyupurāṇa (83. 112) also speaks of the Mlecchas as persons that offer oblations to Pitṛs. The general rule is stated by the Gobhilasmṛti ⁸³¹ that the husband should not offer piṇḍa to his wife even if she dies sonless, nor a father to his son nor an elder brother to a younger brother. The moral of the story of Nimi who performed śrāddha for his predeceased son and repented for having done so as it was *dharmasaṅkara* is the same. Vide Anuśāsanaparva 91. Aparārka (p. 538) quotes a verse from Ṣaṭtriṁśan-mata that a father should not perform the śrāddha of his son nor an elder brother of a younger one. But Bṛhatparāśara (p. 153) appears to state that even this general rule may have to be set aside sometimes. Baudhāyana and Vṛddhaśātātapa (q by Sm. C. on śrāddha p. 337) allow a śrāddha (except sapiṇḍīkaraṇa) to be performed by any one for any relative through affection, particularly at Gayā. It is emphasized⁸³² that he alone deserves to be called *putra*, who, while the father is alive, obeys his words, and gives plenty of food (to brāhmaṇas) every year (after his father's death) and who offers piṇḍas (to his ancestors) at Gayā. The general rule laid down was that a child, whose upanayana has not been performed, is like a śūdra and lacks authority to utter Vedic passages (vide Āp. Dh. S. II. 6. 15. 19, Gaut. II. 4-5, Vas. II. 6, Viṣṇu Dh. S. 28. 40, Manu II. 172).⁸³³ But an exception was recognized by almost all these authorities that a son, though his upanayana may not have been performed, can repeat the Vedic mantras required in funeral rites. Medhātithi on Manu II. 172 explains that a minor son, even though not initiated into Vedic study by upanayana, can offer water to his father, perform the navaśrāddhas (mentioned above in n. 593) and repeat such mantras as 'śundhantāṃ pitaraḥ' required in these rites, but since he has no *śrauta* or *gṛhya* fire of his own he can not perform such śrāddhas as the *pārvana*. The Smṛtyarthasāra (p. 56) provides that boys whose upanayana has not been performed, women and śūdras should get śrāddhas performed through a priest or they may themselves perform them without mantras but only mention the name and gotra of the deceased or with the two mantras 'devebhyo namaḥ' and 'pitṛbhyaḥ svadhā namaḥ'. The above discussion shows that men and women, adults as well as children, those who are *upanīta* as well as those that are *anupanīta* are under an obligation to perform śrāddha.