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Manusmriti with the Commentary of Medhatithi

by Ganganatha Jha | 1920 | 1,381,940 words | ISBN-10: 8120811550 | ISBN-13: 9788120811553

This is the English translation of the Manusmriti, which is a collection of Sanskrit verses dealing with ‘Dharma�, a collective name for human purpose, their duties and the law. Various topics will be dealt with, but this volume of the series includes 12 discourses (adhyaya). The commentary on this text by Medhatithi elaborately explains various t...

Verse 9.105 [The entire Property goes to the Eldest Brother]

Sanskrit text, Unicode transliteration and English translation by Ganganath Jha:

ज्येष्� एव तु गृह्णीयात् पित्र्यं धनमशेषतः �
शेषास्तमुपजीवेयुर्यथैव पितर� तथ� � १०� �

jyeṣṭha eva tu gṛhṇīyāt pitrya� dhanamaśeṣata� |
śeṣāstamupajīveyuryathaiva pitara� tathā || 105 ||

The eldest brother alone may take the entire paternal property; the rest shall live under him, just as under their father.�(105)

 

Medhātithi’s commentary (manubhāṣya):

(No ṣy available).

 

Explanatory notes by Ganganath Jha

What is said here refers to eases where ‘the eldest son is specially virtuous� (Kūlluka and Rāghavānanda),—or ‘possesses eminent qualities, and the others are less distinguished� (Nārāyaṇa).

This verse is quoted in Ѿṣa (p. 117), where ṭṭī has the following notes:—�Pitryam�, inherited from the father,—�Śṣāḥ�, brothers other than the eldest,�貹ī , should follow him, like their father. Ѿṣa adds that such unequal division, even though sanctioned by the scriptures, should never be adopted, being opposed to popular sentiment, and also to Vedic texts.

It is quoted in īٰǻ岹ⲹ (Rājanīti, p. 35), in support of the view that the eldest son should succeed to the kingdom;—in 貹첹 (p. 722), which adds that this rule is meant for eases where the younger brothers are still in status pupillari, or are not entitled to any share by reason of being idiots and so forth, or are inexperienced;—and in վ岹ٲ첹 (p. 457), which adds the following notes:—What is meant is that in partition, the eldest brother, if he happens to be possessed of all the qualities of the superior brother, should be treated as the sole master, like the Father himself;—�tamupajī�� means that ‘they should live on the subsistence provided by him.�

It is quoted in ṛtٲٳٱ, (II, p. 170);—anti in վ岹Գ峾ṇi (Calcutta, p. 125), as laying down an alternative course;—in īٰǻ岹ⲹ (Vyavahāra, 171b);—and by īūٲ󲹲Բ (Dayabhāga, pp. 35 and 103).

 

Comparative notes by various authors

(verses 9.105-110)

Gautama (28.3-4).—‘Or, the whole property may go to the first-born; and he shall support the rest as a father. But in partition there is an excess of spiritual merit.�

ܻⲹԲ (2.3.13).—‘A son who possesses specially good qualities becomes a protector of the rest.�

Ā貹ٲ (2.14.6).—‘Some people declare that the eldest son alone inherits.�

ղśṣṭ (17.1).—‘The father throws off his debts and obtains immortality if he sees the face of a living son.�

վṣṇ (15.45).�(Same as ղśṣṭ.)

(13.5).—‘Or the senior brother shall maintain all like a father, if they wish it; or even the youngest brother, if able; the well-being of the family depends on the ability of the head.�

īٲ (վ岹ٲ첹, p. 459).—‘When the father has voluntarily handed over the property to the sons, or when he has gone abroad, or when he has died, the eldest son shall look after the property.�

Śṅk-󾱳ٲ (Do., p. 460).—‘When the father has been disabled, the eldest son shall carry on the business of the estate, hut never without the father’s consent.�

Mantra (Parāśaramādhava—Ācāra, p. 501).—�(Same as ղśṣṭ.)

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