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CHAP.
IX.

' out a son, must offer two funeral cakes, one to his own father, and one to the father of his mother.

133. Between a son's son and the son of such a ' daughter, there is no difference in law; since their ⚫ father and mother both sprang from the body of the 6 same man :

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134. But, a daughter having been appointed to ' produce a son for her father, and a son, begotten by himself, being afterwards born, the division of the ' heritage must in that case be equal; since there is 'no right of primogeniture for a woman.

135. Should a daughter, thus appointed to raise up a son for her father, die by any accident without a son, the husband of that daughter may, with' out hesitation, possess himself of her property.

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136. By that male child, whom a daughter thus appointed, either by an implied intention or a plain declaration, shall produce from a husband of an equal class, the maternal grandfather becomes in 'law the father of a son: let that son give the fu'neral cake and possess the inheritance.

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137. By a son, a man obtains victory over all people; by a son's son, he enjoys immortality; and,

' afterwards, by the son of that grandson, he reaches the solar abode.

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138. Since the son (tráyaté) delivers his father 'from the hell named put, he was, therefore, called

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139. Now between the sons of his son and of his CHAP. daughter thus appointed, there subsists in this world

no difference; for even the son of such a daughter

' delivers him in the next, like the son of his son.

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140. Let the son of such a daughter offer the first 'funeral cake to his mother; the second to her father; the third, to her paternal grandfather.

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141. Of the man, to whom a son has been given, according to a subsequent law, adorned with every virtue, that son shall take a fifth or sixth part of the heritage, though brought from a different family. ·

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142. A given son must never claim the family and 'estate of his natural father: the funeral cake follows the family and estate; but of him, who has given away his son, the funeral oblation is extinct.

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143. THE son of a wife, not authorized to have issue by another, and the son begotten, by the brother of the husband, on a wife, who has a son then living, are both unworthy of the heritage; one

being the child of an adulterer, and the other produced through mere lust.

144. Even the son of a wife duly authorized, not begotten according to the law already propounded, is unworthy of the paternal estate; for he was pro'created by an outcast :

145. But the son legally begotten on a wife, au'thorized for the purpose before mentioned, may inherit in all respects, if he he virtuous and learned, as

' a son

IX.

СНАР. •
IX.

a son begotten by the husband; since in that case 'the seed and the produce belong of right to the '.owner of the field.

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146. He, who keeps the fixed and moveable estate of his deceased brother, maintains the widow, and raises up a son to that brother, must give to that son, at the age of fifteen, the whole of his brother's divided property.

147. Should a wife, even though legally autho'rized, produce a son by the brother, or any other sapinda, of her husband, that son, if begotten with amorous embraces, and tokens of impure desire, the sages proclaim base-born and incapable of inheriting. 148. THIS law, which has preceded, must be understood of a distribution among sons begotten on women of the same class: hear now the law con'cerning sons by several women of different classes.

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149. 6 If there be four wives of a Bráhmen in the 'direct order of the classes, and sons are produced by them all, this is the rule of partition among • them:

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150. The chief servant in husbandry, the bull kept 'for impregnating cows, the riding-horse or carriage, the ring and other ornaments, and the principal mes6 suage, shall be deducted from the inheritance and given to the Bráhmen-son, together with a larger share by way of pre-eminence.

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151. Let the Bráhmen take three shares of the ' residue ;

IX.

residue; the son of the Cshatriyà-wife, two shares; CHAP. 'the son of the Vaisyà-wife, a share and a half; and 'the son of the Súdrà-wife, may take one share.

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if no deduction be made, let some per

152. Or, if no

son learned in the law divide the whole collected 'estate into ten parts, and make a legal distribution by this following rule:

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153. Let the son of the Bráhmanì take four parts; 'the son of the Cshatriyà three; let the son of the Vaisyà have two parts; let the son of the Súdrà take a single part, if he be virtuous.

154. But whether the Bráhmen have sons, or have no sons, by wives of the three first classes, no more than a tenth part must be given to the son of a Sú'drà.

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155. The son of a Bráhmen, a Cshatriya, or a Vaisya by a woman of the servile class, shall inherit no part of the estate, unless he be virtuous; nor jointly with other sons, unless his mother was lawfully married: whatever his father may give him, let that be his own.

156. All the sons of twice-born men, produced by ' wives of the same class, must divide the heritage equally, after the younger brothers have given the 'first-born his deducted allotment.

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157. For a Súdra is ordained a wife of his own

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class, and no other all, produced by her, shall have equal shares, though she have a hundred sons.

158. OF

CHAP.

IX.

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158. Of the twelve sons of men, whom MENU, sprung from the Self-existent, has named, six are kinsmen and heirs; six, not heirs, except to their own fathers, but kinsmen.

159. The son begotten by a man himself in lawful wedlock, the son of his wife begotten in the manner before described, a son given to him, a son made or adopted, a son of concealed birth, or whose real father cannot be known, and a son rejected by 'his natural parents, are the six kinsmen and heirs :

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160. The son of a young woman unmarried, the son of a pregnant bride, a son bought, a son by a twice-married woman, a son self-given, and a son by a Súdrà, are the six kinsmen, but not heirs to collaterals.

161. Such advantage, as a man would gain, who 'should attempt to pass deep water in a boat made of woven reeds, that father obtains, who passes the gloom of death, leaving only contemptible sons, who are the eleven, or at least the six, last mentioned.

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162. If the two heirs of one man be the son of 'his own body and a son of his wife by a kinsman, the former of whom was begotten after his recovery

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from an illness thought incurable, each of the sons, exclusively of the other, shall succeed to the whole 'estate of his natural father.

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163. The son of his own body is the sole heir to

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