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

啶� 啶�啷嵿ぐ啶距い啶班�� 啶� 啶�啶苦い啶班�� 啶�啷佮い啷嵿ぐ啶� 啶班た啶曕�嵿ぅ啶灌ぐ啶距�� 啶�啶苦い啷佮�� 啷�
啶�啶苦い啶� 啶灌ぐ啷囙う啶�啷佮い啷嵿ぐ啶膏�嵿く 啶班た啶曕�嵿ぅ啶� 啶�啷嵿ぐ啶距い啶� 啶忇さ 啶� 啷� 啷оギ啷� 啷�

na bhr膩taro na pitara岣� putr膩 rikthahar膩岣� pitu岣� |
pit膩 haredaputrasya riktha峁� bhr膩tara eva ca || 185 ||

Sons alone shall inherit the father鈥檚 property, not brothers or fathers; but the father and brothers shall inherit the property of one who dies sonless.鈥�(185)

 

Medh膩tithi鈥檚 commentary (manubh膩峁�ya):

(verses 9.182-201)

(No Bh膩峁�ya available.)

 

Explanatory notes by Ganganath Jha

鈥淜ull奴ka and R膩gha惫腻nanda insert, after 鈥榳ho leave no son,鈥� 鈥榥or widow and daughters鈥�, and before 鈥榖rothers鈥�, 鈥榳ho leaves no parents.鈥� N膩r膩ya峁嘺, who (as also Govindar膩ja and Nandana) reads 鈥�eva 惫腻鈥�, 鈥榦r brothers鈥�, says that the father inherits the estate of an undivided son leaving no male issue, or the brothers with his permission, and that the estate of a divided son descends to his wife and other heirs mentioned in 驰腻箩帽补惫补濒办测补 II, 135-136.鈥濃�擝uhler.

The first half of this verse is quoted in 惭颈迟腻办峁�a谤腻 (2.132) to the effect that all sons, 鈥榖ody-born鈥� as well as others, are entitled to inherit the father鈥檚 property. The 叠腻濒补尘产丑补峁�峁�墨 quotes verse 184 and notes that 鈥榮on鈥� cannot be taken as standing for the body-bom sons only; because the rights of the body-born born have been declared in another verse already.

It is quoted in 础辫补谤腻谤办补 (p. 653);鈥攁nd in 痴颈惫腻诲补谤补迟苍腻办补谤补 (p. 552), which quotes the first half only;鈥攊t quotes the second half on p. 592, where 鈥�aputrasya鈥� is explained as 鈥榳ithout sons, primary as well as secondary.鈥�

The second half is quoted in 惭颈迟腻办峁�a谤腻 (2.136), as laying down that the property of a sonless man goes to his Father or Brother;鈥攁gain as justifying the conclusion that, if the man leaves a large property, his wife is to receive enough for her maintenance and the remainder is to go to his brother;鈥攁gain, where the view is expressed that all that is meant is that both the Father and the Brother are entitled to inherit; and no priority or preference is meant to be implied by the order in which the two are mentioned;鈥攐n this the 叠腻濒补尘产丑补峁�峁�墨 notes that this view is supported by the use of the particle 鈥�惫腻鈥�;鈥攁gain, where it is explained as meaning that brothers inherit only in the absence of the father.

It is quoted in Vyavah膩ra-叠腻濒补尘产丑补峁�峁�墨 (p. 650 and 651);鈥攊n 顿补迟迟补办补肠补苍诲谤颈办腻 (p. 61);鈥攁nd by J墨m奴ta惫腻hana 顿腻测补产丑腻驳补, (p. 253 and 293), to the effect that it is this brother that inherits, not the brother鈥檚 son.

 

Comparative notes by various authors

痴颈峁ａ箛耻 (17.4-8).鈥斺�楾he wealth of a man who dies without male issue goes to his wife; failing her, to his daughter; failing her to his father; failing him, to his mother; failing her, to his brother; failing him, to his brother鈥檚 sons; failing them, to his kinsmen; failing them, to Sakulyas; failing them, to fellow-students; failing them to the King, except in the case of the property being a Br膩hma峁嘺鈥檚.鈥�

驰腻箩帽补惫补濒办测补 (2.135-136).鈥斺�榃ife, daughters, parents, brothers, brother鈥檚 sons, Sagotras, kinsmen, pupils, fellow-students; among these the succeeding inherits the property of a man dying without male issue, only in the absence of the preceding one. Such is the law for all castes.鈥�

叠峁沨补蝉辫补迟颈 (膧par膩rka, pp. 740, 742, 745).鈥斺�楾he wife being one half of the man鈥檚 body, the man whose wife is alive is himself still alive; and while one half of his body is alive, how can any one else take his property? Hence in the case of a man dying without male issue, even though his father, brothers and 厂补辫颈峁囜笉补蝉 may be living, it is his wife who inherits his property. If the man dies without leaving a male issue or a wife, or brother or father or mother, his property shall be divided by his 厂补辫颈峁囜笉补蝉 in proportionate shares. If the man leaves no son, his 艢谤腻诲诲丑补 shall he performed by his wife; and in the absence of the wife, by his uterine brother;鈥攆ailing him, other brothers, or brothers鈥� sons, or 厂补辫颈峁囜笉补蝉, or Sakulyas, or pupils, or Vedic scholars are entitled to his wealth.鈥�

艢补峁卥丑补 (础辫补谤腻谤办补, p. 741).鈥斺�業f a man dies without male issue, his property goes to his brother; failing him, to his mother and father; or to his senior (or junior) wife.鈥�

Devala (Do.).鈥斺�楾he property of the son-less man shall go to his uterine brothers, or to his daughters of the same caste as himself, or to his father if he he living, or to brothers of the same caste as himself, or to his mother, or to his wife;鈥攊n this same order.鈥�

狈腻谤补诲补 (Do.)鈥斺�業f among brothers, some one should die, or go away as a Renunciate, the other brothers shall divide his property among themselves, except the 厂迟谤墨诲丑补苍补; they shall support his wives as long as they continue to be faithful to their husband.鈥�

Gautama (Do., 742).鈥斺�楾he wife should obtain the property of one who dies childless.鈥�

痴峁沝诲丑补-尘补苍耻 (Do.).鈥斺�楢 widow, without a son, keeping pure the husband鈥檚 bed, and firm in the observance of her duties, shall offer the Hall of meal to him and take his entire property.鈥�

碍腻迟测腻测补苍补 (Do., p. 745).鈥斺�業f a man dies after partition, without leaving a male issue, his father should take his property, or his brother, or mother, or his father鈥檚 mother, in due order.鈥�

笔腻颈峁环墨苍补蝉颈 (Vivadaratn膩kara, p. 592).鈥斺�楾he property of a son-less man goes to his brother; failing him to his mother and father, or his eldest wife, or Sagotras, or pupils, or fellow-students.鈥�

膧辫补蝉迟补尘产补 (Do., p. 596).鈥斺�業n the absence of sons, the nearest 厂补辫颈峁囜笉补; failing him, the preceptor; failing him, the pupil.鈥�