History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v7.c93.462

v7.c93.462

One and the same word must not be used in two senses in the same sentence, that is, in the primary sense and also in the figurative sense.²¹¹² This maxim is relied upon by the Dāyabhāga. When brothers (sons of the same mother) come to a partition, smṛti texts (like Yāj. II 123) prescribe that the mother takes a share equal to that of a son On this the Dāyabhāga remarks that the word ‘mātā’ (in Yāj II. 123 and others) primarily means a real mother (*jananī*, that gives birth) and this smṛti rule has no application to the step-mother, since it is improper to hold that the same word once used in a sentence has a primary and a secondary sense at the same²¹¹³ time. But it must be pointed out that all Dharmaśāstra works do not observe this rule Aparārka (p 730) on Yāj II. 123 (pitur-ūrdhvaṁ vibhajatāṁ mātāpyamaṁśaṁ samaṁ haret) includes the step-mother under the word ‘mātā’ following a text of Vyāsa. The Mitākṣarā interpreting Yāj. II. 135 about obstructible heritage stating the order of succession as wife, daughters, parents, brothers, their sons, provides that full brothers first succeed, in default of them half brothers, in default of the last, full brothers’