DOI Page / Citation link:
https://doi.org/10.11588/diglit.49827#0203
188
UNOBSTRUCTED INHERITANCE.
Lecture proposition that the second passage, as it stands in the
VIn- Calcutta Edition of the Dayabhaga of 1829 (p. 222), has
not been accurately rendered, and that the Sanskrit com-
pound of which the first passage consists might perhaps
be dissolved otherwise than has been done by Colebrooke,
it is clear that Jimutavahana does not differ in the least
from his brethren on the point in dispute. I propose to
modify Colebrooke’s translation very slightly in the first
case, by putting “ The sou of a Cudra by a female slave
or other unmarried Cudra womanand in the second case
to translate as follows : “ Having no brother begotten on a
married woman, he (meaning the son of a Dasi) may take
the whole property.”
A perma- ]ias also been suggested that the term Dasi can only
bine.C011Cl1' denote a permanent concubine, and does not include public
women or adulteresses. It certainly seems far from equit-
able to treat the son of a concubine on the same footing as
the offspring of promiscuous or adulterous intercourse.
On the other hand, there can be no doubt that the term
Dasi may mean a prostitute, in the language of the Indian
Commentators.1 In South India it is very commonly used
in order to denote the consecrated female dancers attached
to Pagodas.2
2. Mean- 2. The rule of Yajnavalkya, that in a division after
tenn^'haif death with his legitimate brothers the illegitimate son
a share.” shall take half a share, is repeated in all the Digests. Here
the same difficulty arises in the case of the fourth shares
of a daughter and of an adopted son. The term “ half a
share ” is defined in the passage quoted before from Medha-
tithi’s Commentary as denoting one-half of what is actually
allotted to a legitimate son. According to this principle,
which has been proposed by some Bombay Castris as well,
where there is one legitimate son, the property is divided
into three parts, of which the illegitimate son takes one;
where there are two legitimate sons, the illegitimate
son takes a fifth part, and so on. The statements of the
authoritative works are not equally clear. They may
be either explained in accordance with Medhatithi’s doc-
1 Thus, in the Mitakshara (Calcutta edition of the II. part. p. 378),
the term Dasi in a text of Yajnavalkya is explained as “ wives who live
by illicit intercourse with men, prostitutes and the like.
2 Burnell, lutrod. to Dayavibh., p. xiv ; Mayne, § 463.
UNOBSTRUCTED INHERITANCE.
Lecture proposition that the second passage, as it stands in the
VIn- Calcutta Edition of the Dayabhaga of 1829 (p. 222), has
not been accurately rendered, and that the Sanskrit com-
pound of which the first passage consists might perhaps
be dissolved otherwise than has been done by Colebrooke,
it is clear that Jimutavahana does not differ in the least
from his brethren on the point in dispute. I propose to
modify Colebrooke’s translation very slightly in the first
case, by putting “ The sou of a Cudra by a female slave
or other unmarried Cudra womanand in the second case
to translate as follows : “ Having no brother begotten on a
married woman, he (meaning the son of a Dasi) may take
the whole property.”
A perma- ]ias also been suggested that the term Dasi can only
bine.C011Cl1' denote a permanent concubine, and does not include public
women or adulteresses. It certainly seems far from equit-
able to treat the son of a concubine on the same footing as
the offspring of promiscuous or adulterous intercourse.
On the other hand, there can be no doubt that the term
Dasi may mean a prostitute, in the language of the Indian
Commentators.1 In South India it is very commonly used
in order to denote the consecrated female dancers attached
to Pagodas.2
2. Mean- 2. The rule of Yajnavalkya, that in a division after
tenn^'haif death with his legitimate brothers the illegitimate son
a share.” shall take half a share, is repeated in all the Digests. Here
the same difficulty arises in the case of the fourth shares
of a daughter and of an adopted son. The term “ half a
share ” is defined in the passage quoted before from Medha-
tithi’s Commentary as denoting one-half of what is actually
allotted to a legitimate son. According to this principle,
which has been proposed by some Bombay Castris as well,
where there is one legitimate son, the property is divided
into three parts, of which the illegitimate son takes one;
where there are two legitimate sons, the illegitimate
son takes a fifth part, and so on. The statements of the
authoritative works are not equally clear. They may
be either explained in accordance with Medhatithi’s doc-
1 Thus, in the Mitakshara (Calcutta edition of the II. part. p. 378),
the term Dasi in a text of Yajnavalkya is explained as “ wives who live
by illicit intercourse with men, prostitutes and the like.
2 Burnell, lutrod. to Dayavibh., p. xiv ; Mayne, § 463.