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CHAP.

IX.

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121. " The representative is not so far wholly substituted by law in the place of the deceased principal, as to have the portion of an elder son ; and the principal became a father in consequence of the

procreation by his younger brother; the son, there· fore, is entitled by law to an equal share, but not to a double portion. 122. ` A younger son being born of a first married wife, after an elder son had been born of a wife . last married, but of a lower class, it may be a doubt ' in that case, how the division shall be made:

123. · Let the son, born of the elder wife, take one most excellent bull deducted from the inheritance; " the next excellent bulls are for those, who were born

first, but are inferiour on account of their mothers, " who were married last.

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124. " A son, indeed, who was first born, and brought forth by the wife first married, may take,

if learned and virtuous, one bull and fifteen cows; . and the other sons may then take, each in right of

his several mother : such is the fixed rule.

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125. - As between sons, born of wives equal in ' their class and without any other distinction, there

can be no seniority in right of the mother ; but the • seniority ordained by law, is according to the birth.

126. " The right of invoking Indra by the texts, ' called swabráhmanyá, depends on actual priority of birth ; and of twins also, if any such be conceived

among

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IX.

among different wives, the eldest is he, who was CHAP. first actually born.

127. · He, who has no son, may appoint his daugh: ter in this manner to raise up a son for him, saying :

" the male child, who shall be born from her in • wedlock, shall be mine for the purpose of performing my obsequies.” 128. ' In this manner Dacsha himself, lord of created beings, anciently appointed all his fifty daughters to ' raise up sons to him for the sake of multiplying his

race:

129. · He gave ten to Dherma, thirteen to CASYAPA, twenty seven to Sóma, king of Bráhmens and medical plants, after doing honour to them with an affec« tionate heart.

130. · The son of a man is even as himself; and as the son, such is the daughter thus appointed : how then, if he have no son, can any inherit his property, but a daughter, who is closely united with his own soul?

131. · Property, given to the mother on her marriage, is inherited by her unmarried daughter; and • the son of a daughter, appointed in the manner just * mentioned, shall inherit the whole estate of her father, who leaves no son by himself begotten : 132. - The son, however, of such a daughter, who succeeds to all the wealth of her father dying with2 R 2

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CHAP.

IX.

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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

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 with

out a son, the husband of that daughter may, with• out hesitation, possess himself of her property.

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. 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.

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

139. " Now

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IX.

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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.

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

141. ' Or 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.
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

the funeral oblation is extinct.
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 pro• duced 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 procreated by an outcast :

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

í a son

his son,

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CHAP.
IX.

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 authorized, 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 concerning sons by several women of different classes. 149. 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 :

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 mes

suage, shall be deducted from the inheritance and
given to the Bráhmen-son, together with a larger
share by way of pre-eminence.
151. Let the Bráhmen take three shares of the

- residue ;

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