History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v7.c93.570

v7.c93.570

This nyāya is relied upon by the Mit. on Yāj. II. 126 (which simply states that if joint family properties are suppressed or concealed by some members and kept for themselves, they should be distributed in equal shares even after partition (when this is found out), which holds that this verse cannot be interpreted so as to absolve the concealer of such joint property from guilt simply on the ground that he was himself a part owner and explains that just as a sacrificer mistakenly believing māṣa particles as mudga ones loses the fruit of the sacrifice, so the concealer of joint property is guilty of wrong. The Vyavahāraprakāśa (p 555) and Aparārka p. 732 take the same view, but the Dāyabhāga (XII. 11-13) and V. R. (p. 526) are opposed to this (vide H. of Dh Vol. III. p. 636). The Prāyaścittatattva p. 482 has an elaborate note on this nyāya.