History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v7.c93.504

v7.c93.504

The Smṛticandrikā provides that after the death of a man when the sons divide, the mother is entitled to a share equal to that of each son if the estate to be divided is not very large, but if the estate be very large she is to get as much only as would be necessary for her maintenance (although Yāj. II. 123 and others employ the words '*samam aṁśaṁ*'). The Madanaratna on Vyavahāra criticizes this as a bad provision on the ground that it is vitiated by Vākyabheda, since there would be two different propositions (vidhis) about the meaning to be attached to the words 'samam aṁśaṁ' (equal share) according as the estate to be divided is large or small.²¹³⁵