DOI Seite / Zitierlink:
https://doi.org/10.11588/diglit.49827#0224
OBSTRUCTED INHERITANCE.
209
method adopted by the Bengal writers of testing the Lecture
claims of an heir by the principle of spiritual efficacy and IX-
of introducing under this method a number of cognates
between the agnates, instead of placing them after the
agnates, as the other schools do. Under the Mitakshara
system, affinity is in reality the sole text of the priority
of an heir, though the spiritual benefits conferred by him
on his deceased relative are occasionally referred to as an
additional reason for his right to succeed. Nor has the
term Sapinda retained its original meaning in the language
of Vijnanegvara. It does not denote “ a kinsman connected
by funeral oblations,” but it means one who has particles of
the body in common with his deceased relative, more parti-
cularly a blood relation within six degrees. The same ex-
planation is given by Vigvegvara in the Madanaparijata, by
Nandapandita in the Vaijayanti, and by other writers who
have followed the system of Vijnanepvara; and it is easy to
see how decisively this theory must have operated in favour
of the principle of affinity and against the principle of
spiritual efficacy in determining the ordef of succession.
Thus Jimutavahana (Dayabh. XI. 1, 37—42) deduces both
from the express text of Baudhayana and from the deriva-
tion of the word Sapinda as denoting one connected by
funeral oblations, the doctrine that Sapinda relationship in-
cludes the agnates within three degrees only, as far as the
Law of Inheritance is concerned, though he admits that, for
questions of impurity caused by a death and the like, the
number of Sapindas amounts to seven.1 Vijnanegvara no-
where refers to a distinction of this kind, and the natural
inference is, that the term Sapinda means agnates within
six degrees whenever he usesit. Nor does he ever quote
Baudhayana’s text on Sapindaship.
Passing to the details of the Mitakshara system, I will Mitakshara
first advert to an important omission in Colebrooke’s trans- system-
lation, which, though noted by Dr. Buhler and other
Sansuritists, seems to have given rise to several miscon-
ceptions. In Mit. II. 5, 5, the two Sanskrit words a Sapta-
i
’ The etymologically correct explanation of the term ‘ Sapinda.’
under which it is connected with the funeral oblations, occurs outside of
Bengal also.—e. ff., in the Smritichandrika, Sanskarakanda Chapter on
Marriage, where Sapinda is defined as follows : —
(Pbr the Sanskrit, see Appendix'): “ Those who give Pindas (funeral
balls) to the same person are Sapindas.”
14
209
method adopted by the Bengal writers of testing the Lecture
claims of an heir by the principle of spiritual efficacy and IX-
of introducing under this method a number of cognates
between the agnates, instead of placing them after the
agnates, as the other schools do. Under the Mitakshara
system, affinity is in reality the sole text of the priority
of an heir, though the spiritual benefits conferred by him
on his deceased relative are occasionally referred to as an
additional reason for his right to succeed. Nor has the
term Sapinda retained its original meaning in the language
of Vijnanegvara. It does not denote “ a kinsman connected
by funeral oblations,” but it means one who has particles of
the body in common with his deceased relative, more parti-
cularly a blood relation within six degrees. The same ex-
planation is given by Vigvegvara in the Madanaparijata, by
Nandapandita in the Vaijayanti, and by other writers who
have followed the system of Vijnanepvara; and it is easy to
see how decisively this theory must have operated in favour
of the principle of affinity and against the principle of
spiritual efficacy in determining the ordef of succession.
Thus Jimutavahana (Dayabh. XI. 1, 37—42) deduces both
from the express text of Baudhayana and from the deriva-
tion of the word Sapinda as denoting one connected by
funeral oblations, the doctrine that Sapinda relationship in-
cludes the agnates within three degrees only, as far as the
Law of Inheritance is concerned, though he admits that, for
questions of impurity caused by a death and the like, the
number of Sapindas amounts to seven.1 Vijnanegvara no-
where refers to a distinction of this kind, and the natural
inference is, that the term Sapinda means agnates within
six degrees whenever he usesit. Nor does he ever quote
Baudhayana’s text on Sapindaship.
Passing to the details of the Mitakshara system, I will Mitakshara
first advert to an important omission in Colebrooke’s trans- system-
lation, which, though noted by Dr. Buhler and other
Sansuritists, seems to have given rise to several miscon-
ceptions. In Mit. II. 5, 5, the two Sanskrit words a Sapta-
i
’ The etymologically correct explanation of the term ‘ Sapinda.’
under which it is connected with the funeral oblations, occurs outside of
Bengal also.—e. ff., in the Smritichandrika, Sanskarakanda Chapter on
Marriage, where Sapinda is defined as follows : —
(Pbr the Sanskrit, see Appendix'): “ Those who give Pindas (funeral
balls) to the same person are Sapindas.”
14