, and to each
succeeding son a single part. The Commentator asks, why that division
was not adhered to; and he solves his own question by the remark, that
it was disliked by the people, and therefore rightly abandoned. This
position he supports by several quotations, and by allusion to the
abolition or non-observance of other ancient ordinances, _e.g._ the
raising up of male heirs by the brother of the husband or others.
It is an obvious reflection, that the altered law of distribution is
one of the few instances in the Hindu economy where an innate feeling
of natural equality has overcome or superseded arbitrary rule--and
further, that the change has been brought about by the pressure of the
old law upon the privileged casts, who, in common with others, were
affected by it.]
[Footnote 180: Manu, ch. 9, sl. 206, 208.]
[Footnote 181: When the recovered properly is land, he who obtained it
shall take a fourth part, the remainder to be equally divided. (_M._)
The Commentator supports this view by the authority of Sankha.
Manu, ch. 9, sl. 209.]
[Footnote 182: Supra, Book 1, sl. 3.]
[Footnote 183: Manu, ch. 9, sl. 215.]
[Footnote 184: The Commentator refers, in explanation of this sloka,
to Manu, ch. 9, sl. 216, _viz._ A son born after a division shall
alone inherit the patrimony [_i. e._ the share allotted to the parents
(_M._)], or shall have a share of it with the divided brethren, if
they return and unite themselves with him.--With respect to the
deduction for expenditure, &c., the Commentator explains, that the
accumulations of mere income are not to be included in the estate to
be repartitioned, and that a previous deduction is to be made for
necessary expenditure, _e.g._ the father's debts.]
[Footnote 185: but, if she have _stridhana_, only a half share.
(_M._)]
[Footnote 186: Manu, ch. 9, sl. 118.]
[Footnote 187: These varying proportions ofcourse apply only where
there are several mothers of differing casts. Manu, ch. 9, sl.
148-157.]
[Footnote 188: or escaped notice altogether. (_M._) Manu, ch. 9, sl.
218.]
[Footnote 189: Manu, ch. 9, sl. 59, 145, 167, 190.]
[Footnote 190: But if the actual father have already a son, his son by
another's wife is not his heir. (_M._)]
[Footnote 191: _aurasa_ is from _uras_ 'the best,' being the first in
order of sons.]
[Footnote 192: _dharma_ wife is defined by the Commentator, a wife of
the same cast with her husband, and wedded to him according to
|