DOI Page / Citation link:
https://doi.org/10.11588/diglit.49827#0109
94
EARLY LAW OF PARTITION.
Gains of
science.
Lecture
V.
The two
classes of
impartible
property.
Separate
acquisi- q,
tions in the ,
Dliarma-
sutras.
By the side of property indivisible from its nature, the
Smritis enumerate and describe another set of articles
exempt from partition, which possess a totally different
character, though the< two classes of indivisible objects are
occasionally confounded. The naturally indivisible objects
are a relic of the time when partition was unknown, and
declined pari passu with the growth of private property,
till in the middle period of Indian Law they had all become
partible, except that some of these articles continued to be
enjoyed jointly or alternately by the sharers. The other
impartible objects on the contrary, viz., separate or self-
acquisitions (Svayamarjita), gained successively in import-
ance, and were amongst the most powerful agencies for
converting collective into private property.
In the Dharmasutras the law regarding separate acqui-
sitions is seen in its first germs. Baudhayana and Apas-
~ tamba nowhere refer to such acquisitions, which seems to
(indicate that in the opinion of these two writers all
acquisitions of a single coparcener had to be thrown into
the common stock. Vasishtha (XVII. 51) says that a
brother, wdio has gained something by his own effort, shall
take a double share only (eva) of his acquisition. According
to Cankha, land formerly lost and recovered by one copar-
cener, shall be divided by all the co-heirs, but he shall take
a fourth part in advance.
No other special sort of separate acquisitions was noticed
more early or discussed more fully than the gains of
learning, i.e., of sacred knowledge. Just as in the law
regarding concerns among partners, the distribution of the
sacrificial fees among a company of officiating priests occu-
pies the most prominent place.1
In order to understand the rides of the Smritis on this
head it must be remembered that the young Hindus
of old, much as the college students of the present day,
used to go abrofd in order to enjoy the instruction of a
renowned teacher. About the mode in which scientific
requirements and skill in sacred lore was turned to
account for the acquisition of wealth, we possess some in-
teresting statements of Katyayana. Thus he mentions as
the gains of science, fees received from a pupil or for
the performance of a sacrifice (which latter acquisi-
tions are independently mentioned as sacrificial gain by
1 Manu VIII. 206—211.
EARLY LAW OF PARTITION.
Gains of
science.
Lecture
V.
The two
classes of
impartible
property.
Separate
acquisi- q,
tions in the ,
Dliarma-
sutras.
By the side of property indivisible from its nature, the
Smritis enumerate and describe another set of articles
exempt from partition, which possess a totally different
character, though the< two classes of indivisible objects are
occasionally confounded. The naturally indivisible objects
are a relic of the time when partition was unknown, and
declined pari passu with the growth of private property,
till in the middle period of Indian Law they had all become
partible, except that some of these articles continued to be
enjoyed jointly or alternately by the sharers. The other
impartible objects on the contrary, viz., separate or self-
acquisitions (Svayamarjita), gained successively in import-
ance, and were amongst the most powerful agencies for
converting collective into private property.
In the Dharmasutras the law regarding separate acqui-
sitions is seen in its first germs. Baudhayana and Apas-
~ tamba nowhere refer to such acquisitions, which seems to
(indicate that in the opinion of these two writers all
acquisitions of a single coparcener had to be thrown into
the common stock. Vasishtha (XVII. 51) says that a
brother, wdio has gained something by his own effort, shall
take a double share only (eva) of his acquisition. According
to Cankha, land formerly lost and recovered by one copar-
cener, shall be divided by all the co-heirs, but he shall take
a fourth part in advance.
No other special sort of separate acquisitions was noticed
more early or discussed more fully than the gains of
learning, i.e., of sacred knowledge. Just as in the law
regarding concerns among partners, the distribution of the
sacrificial fees among a company of officiating priests occu-
pies the most prominent place.1
In order to understand the rides of the Smritis on this
head it must be remembered that the young Hindus
of old, much as the college students of the present day,
used to go abrofd in order to enjoy the instruction of a
renowned teacher. About the mode in which scientific
requirements and skill in sacred lore was turned to
account for the acquisition of wealth, we possess some in-
teresting statements of Katyayana. Thus he mentions as
the gains of science, fees received from a pupil or for
the performance of a sacrifice (which latter acquisi-
tions are independently mentioned as sacrificial gain by
1 Manu VIII. 206—211.