History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v7.c93.524

v7.c93.524

It has already been stated that 'śeṣa' means 'what subserves the purpose of another' and it is śeṣa of that other (P. M. S. III. 1. 2 'Śeṣaḥ parārthatvāt') and that, according to Bādari (III. 1. 3) 'to substances, properties (like reddish colour of a cow), saṁskāras ²¹⁴⁸ (what makes a person or thing fit for being employed in a yāga or for any other purpose) the word śeṣa is always applied, while, acc. to Jaimini (III. 1. 4-6) religious rites are śeṣa to the result or fruit (expressed or implied), the fruit is śeṣa to the agent of religious acts and an agent is śeṣa to certain acts. The word 'śeṣa' is often employed by Dharma-aśāstra works. For example, the Mit. while commenting on Yāj II. 118-119 states that the first half of verse 118 is śeṣa to all the rest ²¹⁴⁹ (i. e. serves the purpose of the remaining verse and a half). The result is (if the Mit. be followed) that if a gift is acquired (by a coparcener) from a grateful friend who was placed under an obligation by spending family wealth, if a property is acquired by a gift from a member's father-in-law who was paid from the family property for securing the bride for that member or if the property of the family lost to it was recovered by a member with the help of (other paternal estate), or if a member of the family learnt at the expense of the family and made gains from that learning, then these kinds of property were liable to be partitioned among all members. This view of the Mit. was not shared by several other writers and works such as the Dāyabhāga (VI. 1. 8), and Viśvarūpa Vide H. of Dh. vol. III. pp. 579-580 for further remarks.