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jananyāṃ saṃsthitāyāṃ tu samaṃ sarve sahodarāḥ |
bhajeran mātṛkaṃ rikthaṃ bhaginyaśca sanābhayaḥ ||192||

When the mother has died, all the uterine brothers and uterine sisters shall divide the mother’s property equally. — (192)

Medhātithi’s commentary (manubhāṣya):

(verses 9.182-201)

(No Bhāṣya available.)

Explanatory notes by Ganganath Jha:

According to Kullūka and Rāghavānanda, this rule applies to unmarried daughters only, the married daughters receiving only a fourth of a brother’s share (see 118 above). — Nārāyaṇa holds that ‘mātrikam riktham’ refers to property other than the ‘strīdhana’, and qualifies the ‘sisters’ as ‘without son’.

This verse is quoted in Madanapārijāta (p. 667), which adds the following notes: — The meaning of the verse is that the mother’s estate is to go (1) to her own daughters, (2) on their absence to her daughter’s sons, (3) in the absence of these latter to her own sons, not to the sons of her cowives, (4) in the absence of her sons, to the sons of her own son; — the expression ‘samam sarve sahodarāḥ’ is meant to preclude the brothers born of different mothers; — the sons of co-wives being entitled to inherit only in default of the woman’s own sons (or grandsons).

It is quoted in Mitākṣarā (2.145), as asserting the title of both sons and daughters to the estate of their mother; it explains the construction as — ‘Mātṛkam riktham sarve sahodarāḥ samam bhajeran sanābhayo bhaginyaśca samam bhajeran’; — it does not mean that the ‘sons and daughters together shall divide the property equally’; if this were the meaning then the words used would have been ‘bhrātṛbhagiyaḥ’ or ‘bhrāṭaraḥ’; — the term samam is meant to preclude the special additional share’ (of the eldest brother), and ‘sahodarāḥ’ to preclude the brothers born of other mothers: — The Bālambhaṭṭī reproduces the remarks noted above from the Madanapārijāta, attributing it to the Kalpataru.

It is quoted in Aparārka (p. 721), which remarks that the particle ‘ca’ (‘bhaginyaśca’) denotes option, not combination; and in the option, the first title is of the unmarried daughters; — in Vivādaratnākara (p. 515), which adds the following notes — ‘Samam’, without any additional share being allotted to the eldest, — ‘bhaginyaḥ’, those that are unmarried and those that have had no children, — ‘Sanābhayaḥ’, uterine; — in Vyavahāramayūkha (p. 70), which states the opinion of ‘some’ that the verse lays down the conjoint title of brothers and sisters to such property of their mother as she had received as presents from her husband; — in Vivādacintāmaṇi (Calcutta, pp. 125 and 142), which explains ‘samam’ as ‘not in unequal shares’, — Sanābhayaḥ’ as ‘uterine’, and notes that this refers to unmarried sisters only, — in Nityācārapaddhati (p. 296); — in Vīramitrodaya (Vyavahāra 216a), which says that the sense is that all uterine brothers and sisters are entitled to equal shares in the mother’s property, — and all half brothers and sisters are excluded; — and by Jīmūtavāhana (Dāyabhāga, p. 126), which has the same note.

Comparative notes by various authors:

(verses 9.192-193)

[See 131 and the texts there under. Also 198.]

Yājñavalkya (2.117). — ‘Of the mother’s property, what remains after paying off her debts, shall be taken by the daughters, and in their absence, by their offspring.’

Kātyāyana (Aparārka, p. 721). — ‘In the absence of daughters, the mother’s property should go to the sons. What had been given to the woman by her kinsmen shall, in the absence of kinsmen, go to her husband. The strīdhana shall be divided among her daughters with their husbands and her kinsmen.’

Gautama (Do.). — ‘The strīdhana of a woman goes to those of her daughters who are not married or settled in life.’

Bṛhaspati (Aparārka, p. 721). — ‘The strīdhana of a woman goes to her children; her daughter also has a share in it, if she is unmarried; if she is married, she obtains some honorific trifle.’

Vaśiṣṭha (Do.). — ‘The girls shall divide the mother’s dowry.’

Arthaśāstra (p. 13). — ‘The second dowry, the female child will inherit.’

VERSE 9.193

Section XXIV - Inheritance

यास्तासां स्युर्दुहितरस्तासामपि यथार्हतः ।
मातामह्या धनात् किं चित् प्रदेयं प्रीतिपूर्वकम् ॥१९३॥

yāstāsāṃ syurduhitarastāsāmapi yathārhataḥ |
mātāmahyā dhanāt kiṃ cit pradeyaṃ prītipūrvakam ||193||

Even to the daughters of those daughters something shall be lovingly given, as is quite proper, out of the property of their maternal grandmother. — (193)

Medhātithi’s commentary (manubhāṣya):

(verses 9.182-201)

(No Bhāṣya available.)

Explanatory notes by Ganganath Jha:

The grand-daughters should be unmarried (Kullūka); — ‘when the married daughters are dead, their daughters shall be presented at will by their maternal uncles with the share which their mothers would have received as a token of respect’ (Nārāyaṇa); — ‘Prītipūrvakam’ means ‘at the pleasure of the sons’ (Rāghavānanda); — the gift to the grand-daughters is absolutely compulsory (Nandana).

This verse is quoted in Madanapārijāta (p. 666) which explains ‘tāsām’ as ‘of the daughters of the deceased lady’; — in Aparārka (p. 722); — in Vivādaratnākara (p. 516), which adds the following notes: — ‘Tāsām’, of the daughters mentioned in the preceding verse, — ‘yathāṃśataḥ’, according as the property is large or small; — in Vyavahāramayūkha (p. 71) as laying down that some part of the woman’s property should be given to her grand-daughters; — in Vivādacintāmaṇi (Calcutta, p. 142); — and in Vīramitrodaya (Vyavahāra 216b), which explains ‘yathārhataḥ’ as ‘in consideration of their poverty and other circumstances’.

Comparative notes by various authors:

(verses 9.192-193)

[See 131 and the texts there under. Also 198.]

See Comparative notes for Verse 9.192.

VERSE 9.194 [Strīdhana (property of the wife)]

Section XXV - Strīdhana (property of the wife)

अध्यग्न्यध्यावाहनिकं दत्तं च प्रीतिकर्मणि ।
भ्रातृमातृपितृप्राप्तं षड् विधं स्त्रीधनं स्मृतम् ॥१९४॥

adhyagnyadhyāvāhanikaṃ dattaṃ ca prītikarmaṇi |
bhrātṛmātṛpitṛprāptaṃ ṣaḍ vidhaṃ strīdhanaṃ smṛtam ||194||

(1) What is given before the fire, (2) what is given at the time of departure, (3) what is given in token of love, and what is received from (4) the brother, (5) the mother and (6) the father, — has been declared to be ‘Strīdhana’ (the exclusive property of the woman). — (194)

Medhātithi’s commentary (manubhāṣya):

(verses 9.182-201)

(No Bhāṣya available.)

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Vyavahāra, p. 368), which notes that the term ‘six-fold’ is meant to preclude a lesser, not a larger, number; — in Mitākṣarā (2.135-136), as setting aside the view that women have no rights to property except through their husband or son Bālambhaṭṭī explaining ‘adhyagni’ as that obtained near the fire at the marriage ceremony, — ‘adhyāvāhanikam’ as that obtained at the time of her coming to her husband’s place; — It is quoted again under 2.143, where it is noted that the six kinds mentioned are meant only as denying a lesser number; it goes on to quote Kātyāyana as explaining each of these terms: — ‘(1)That which is given to the girl at the time of marriage near the fire is called adhyagni, — (2) what she receives at the time of being carried away from her father’s house is called adhyāvāhanika, — (3) what she receives as a loving present from her father-in-law or mother-in-law at the time of offering obeisance is called prītidatta, — (4) (5) (6) whatever the married girl receives from her husband or from her parents or brothers is called Saudāyika.’

It is quoted in Vivādaratnākara (p. 522), which offers the following explanations: — ‘Adhyagni’, what is given by anyone at the time of marriage, — ‘adhyāvāhanika’, whatever is carried behind her when she is being carried away from her father’s house, — Medhātithi however holds that adhyāvāhanika is what she receives from her parents-in-law at the time of returning to her father’s place; and this view also maybe accepted; — ‘prititaḥ dattam’, what she receives from the father-in-law and other elders as a reward for her character, efficiency and other good qualities; — the mention of ‘six kinds’ is for the purpose of precluding a lesser, not a larger, number; in fact a seventh kind, ‘ādhivedanīka’ — what she receives by way of compensation for being superseded by another — has also been mentioned by Yājñavalkya.

It is quoted in Vyavahāramayūkha (p. 68), which also remarks that the ‘six’ are mentioned only for the purpose of denying a lesser number; — and in Hemādri (Dāna, p. 51), which explains ‘adhyagni’ as ‘what is given to the woman before the fire’, — ‘adhyāvāhanikam’ as ‘given to her by her father and relatives at the time of her marriage,’ — ‘prītikarmaṇi’, ‘given by the husband as a token of conjugal love’ — and — ‘prāptam’ as given to her, even after her marriage, by her brother and others.’

Comparative notes by various authors:

(verses 9.194-195)

Viṣṇu (17.18). — ‘What has been given to a woman by her father, mother, sons, or brothers, what she has received before the sacrificial fire at the marriage ceremony, what she receives on supersession, what has been given to her by her relatives, her nuptial fee, and a gift subsequent, are called strīdhana.’

Yājñavalkya (2.143). — ‘What is given to a woman by her father, mother, son or brother, — what is given before the nuptial fire, and what comes to her in connection with her supersession has been called strīdhana.’

Kātyāyana (Aparārka, p. 751). — ‘What is given to a woman near the nuptial fire by gentlemen is called Adhyagni strīdhana. What the woman obtains at the time of her being taken away from her father’s house is called the Adhyāvāhanika strīdhana. What is given to her, through affection, by her father in-law or mother-in-law, at the time of her bowing to them, is called Lāvaṇyārjita. What is obtained by a married woman or her husband at her father’s house, either from her parents or her brother, is called Saudāyika. Over the Saudāyika, the ownership of the woman is absolute and she is free to sell it or given it away, even when it consists of immovable property. What the woman obtains, after marriage, from her husband’s family, or from her husband’s parents, is called Anvādheya by Bhṛgu. While she is alive, neither her husband nor her sons nor her brother-in-law nor her husband’s kinsmen, have any rights over her strīdhana; if they take it from her they should he punished.’

Vṛddha-Vyāsa (Aparārka, p. 752). — ‘Whatever the girl obtains, at marriage or after marriage, from her father’s or brother’s house, is called Saudāyika. At the marriage of the girl whatever is given with reference to the bridegroom forms the property of the girl, not to be divided by her kinsmen.’

Nārada (Do., p. 752). — ‘What is given to her, through love, by her husband, that she shall enjoy as site chooses, even after his death, with the exception of immovable property.’

Do. (Vivādaratnākara, p. 524). — ‘Adhyagni, Adhyāvāhanika, Bhartṛdāya (inherited from her husband), what is given by her brother and what is given by her mother and what is given by her father, — these are the six kinds of strīdhana.’

Śukranīti (4.5.597). — ‘The Saudāyika property is known to be that which comes to a married woman through gifts and dowries, from her parents’ or husband’s families, or through presents from parents and relatives.’

Pāraskara (Parāśaramādhava, Vyavahāra, p. 372). — ‘The strīdhana belongs to the unmarried daughter; the son cannot have it; if the daughter has been married, the son shall share it equally with her.’

(See the texts under 192-193.)

Kātyāyana (Vivādaratnākara, p. 573). — ‘Neither the husband, nor the son, nor the father, nor the brothers have the right to take away or to spend a woman’s strīdhana; if any one of them takes away the strīdhana forcibly, he should be made to make it good along with interest, and should also pay a fine; if any one makes use of it with her permission, and in a manner agreeable to her, he should repay it, if he has the wealth to do it. Whatever the woman may have lovingly given to any of the above relations during his sickness or when he was in trouble or harassed by creditors, — that also he may voluntarily repay.’

VERSE 9.195

Section XXV - Strīdhana (property of the wife)

अन्वाधेयं च यद् दत्तं पत्या प्रीतेन चैव यत् ।
पत्यौ जीवति वृत्तायाः प्रजायास्तद् धनं भवेत् ॥१९५॥

anvādheyaṃ ca yad dattaṃ patyā prītena caiva yat |
patyau jīvati vṛttāyāḥ prajāyāstad dhanaṃ bhavet ||195||

Also the gift that is subsequently made to her by her loving husband, shall go to her offspring, if she dies while her husband is living. — (195)

Medhātithi’s commentary (manubhāṣya):

(verses 9.182-201)

(No Bhāṣya available.)

Explanatory notes by Ganganath Jha:

According to Nārāyaṇa and Kullūka what is said here refers also to the ‘strīdhana’ described under 194.

This verse is quoted in Vivādaratnākara (p. 516), which adds the following notes: — ‘Anvādheyam’ is going to be defined later on, — Halāyudha holds that this verse is meant to show that the husband has no connection with the two kinds of property here mentioned, over which the married woman has absolute right, even during her husband’s life-time.

It is quoted in Vyavahāramayūkha (p. 70) as laying down the persons who are to inherit the ‘anvādheya’ property of a woman; — in Vyavahāra-Bālambhaṭṭī (pp. 755 and 759); — and in Vīramitrodaya (Vyavahāra 216b), which explains the force of the locative in ‘patyau jīvati’ to express disregard, the meaning being that the husband has no lights over tìie property, — and adds that all brothers and sisters (married as well as unmarried) are equally entitled.

Comparative notes by various authors:

(verses 9.194-195)

See Comparative notes for Verse 9.194.

VERSE 9.196-197

Section XXV - Strīdhana (property of the wife)

ब्राह्मदैवार्षगान्धर्वप्राजापत्येषु यद् वसु ।
अप्रजायामतीतायां भर्तुरेव तदिष्यते ॥१९६॥

यत् त्वस्याः स्याद् धनं दत्तं विवाहेष्वासुरादिषु ।
अप्रजायामतीतायां मातापित्रोस्तदिष्यते ॥१९७॥

brāhmadaivārṣagāndharvaprājāpatyeṣu yad vasu |
aprajāyāmatītāyāṃ bhartureva tadiṣyate ||196||

yat tvasyāḥ syād dhanaṃ dattaṃ vivāheṣvāsurādiṣu |
aprajāyāmatītāyāṃ mātāpitrostadiṣyate ||197||

It is ordained that the property of women married by the ‘Brāhma,’ the ‘Daiva,’ the ‘Ārṣa,’ the ‘Gāndharva,’ or the ‘Prājāpatya’ form, shall go to her husband alone, if she dies childless. — (196)

But the property given to a woman on the ‘Āsura’ or other (inferior) forms of marriage, has been held to belong to her parents, upon her dying childless. — (197)

Medhātithi’s commentary (manubhāṣya):

(verses 9.182-201)

(No Bhāṣya available.)

Explanatory notes by Ganganath Jha:

(verses 9.196-197)

‘Vasu’ — includes, according to Nārāyaṇa, all kinds of property, ‘strīdhana’ as well as what is not ‘strīdhana’.

These verses are quoted in Parāśaramādhava (Vyavahāra, p. 373), which explains the meaning to be that on the death of a woman married by any of the forms of marriage here named, without leaving any heir — beginning from the daughter down to the son’s son, — her property goes to her husband, and not to her mother or other relations, — while the property of an heirless woman, who has been married by the Āsura, Rākṣasa or Paiśāca forms, goes to her parents.

They are quoted in Aparārka (p. 753), which remarks that the devolution of the property on the husband should be regarded as an optional alternative; it apparently takes ‘āsurādiṣu’ of verse 191 as including all those mentioned under 196.

They are quoted in Vivādaratnākara (p. 519), which explains ‘aprajasi’ as ‘childless’; and the verses to mean that (a) in the case of those married by the forms of marriage mentioned in 196, the property goes to the husband, and (b) in that of those married by the forms mentioned in 197, it goes to her father; — it goes on to remark that this refers to what the woman had received at the time of marriage.

They are quoted in Vyavahāramayūkha (p. 72); — in Smṛtitattva II (p. 186), which explains the meaning to be that the ‘strīdhana’ obtained at the time of the marriage under the forms mentioned in 196 goes to the husband, while that obtained at the time of marriage under the forms mentioned in 197 goes first to her mother, and in her absence to her father; — in Vyavahāra-Bālambhaṭṭī (p. 756); — in Dāyākramasaṅgraha (p. 23); — in Vivādacintāmaṇi (Culcutta, p. 143), which explains ‘aprajāyām’ as ‘childless’; and by Jīmūtavāhana (Dāyabhāga, p. 141).

Verse 197 is quoted in Vīramitrodaya (Vyavahāra 219a), which says that the ‘mother’ being placed first in the compound implies that the father is to inherit the property only after the mother.

Comparative notes by various authors:

(verses 9.196-197)

Viṣṇu (17, 19.20). — ‘If a woman, married according to one of the first four forms of marriage beginning with Brāhma, dies without issue, her strīdhana goes to her husband; — if she has been married by one of the four reprehensible forms of marriage, her father shall take her property.’

Yājñavalkya (2.141-145). — ‘If a woman dies without issue, her kinsmen shall obtain what she had got from her kinsmen, or as her nuptial fee or as the Anvādheyaka present; if a woman married according to the four forms of marriage beginning with the Brāhma, dies without issue, her property goes to her husband; if she had issue, it goes to her daughters; — if she had been married by the other forms of marriage, her property goes to her father.’

Nārada (Vivādaratnākara, p. 518). — ‘In the absence of the daughter, the Strīdhana of the mother should go to the sons; what was given to her by her kinsmen should go to her husband, in the absence of kinsmen. The sisters along with their husbands shall divide with the kinsmen, the strīdhana. Such is the lawful law of partition.’

VERSE 9.198

Section XXV - Strīdhana (property of the wife)

स्त्रियां तु यद् भवेद् वित्तं पित्रा दत्तं कथं चन ।
ब्राह्मणी तद् हरेत् कन्या तदपत्यस्य वा भवेत् ॥१९८॥

striyāṃ tu yad bhaved vittaṃ pitrā dattaṃ kathaṃ cana |
brāhmaṇī tad haret kanyā tadapatyasya vā bhavet ||198||

The property that may have been given to a woman by her father shall be taken by the daughter of the Brāhamaṇa-caste; or it shall belong to the child of that daughter. — (198)

Medhātithi’s commentary (manubhāṣya):

(verses 9.182-201)

(No Bhāṣya available.)

Explanatory notes by Ganganath Jha:

This verse is quoted in Madanapārijāta (p. 667), which makes the following remarks: — The term ‘strī’ here stands for the step-mother and ‘kanyā’ for the stepdaughter, — ‘Brāhmaṇī’ stands for higher caste in general, so that the property of a śūdra step-mother will go to the daughter of her Brāhmaṇī or Kṣatriya or Vaiśya co-wife, that of the Vaiśya step-mother will go to the daughter of Brāhmaṇī or Kṣatriya co-wife, and that of the Kṣatriya step-mother to the daughter of the Brāhmaṇī co-wife, — inasmuch as the present texṭ makes the property inheritable by the step-daughter of a higher caste, it follows that step-daughters of the lower caste are not entitled to inherit the property of the step-mother of a higher caste, so long as this latter has a son.

It is quoted in Parāśaramādhava (Vyavahāra, p. 372), to the effect that, when a woman dies childless, her property goes to the daughter of that co-wife of hers who is of a higher caste, and in the absence of such a daughter to the children of that daughter.

It is quoted in Smṛtitattva II (p. 186), which has the following notes: — In view of the qualification ‘given by the father’, the rule must be taken as referring to all that she receives from her father at other times than that of her marriage; — the term ‘Brāhmaṇī Kanyā’ stands for daughter in general; — or the meaning may be that if a Kṣatriya or Vaiśya woman dies childless, her property goes to her step-daughter born of her Brāhmaṇī co-wife, and not to her huśand.

It is quoted in Mitākṣarā (2.145) to the effect that on the death of a childless woman her property goes to her stepdaughter born of a co-wife of the higher caste, and in the absence of such a daughter, to the child of that daughter. It adds that the term ‘Brāhmaṇi’ stands for the higher caste; so that the property of a childless Vaiśya woman goes to the daughter of her Kṣatriya co-wife. The Bālambhaṭṭī adds that the property goes to the step-daughter, not to the step-son; and it goes on to reproduce the exact words of Madanapārijāta and of Parāśaramādhva. It remarks that this rule is meant to be an exception to what has gone before, by which the property of the childless woman would go to her husband or brother, etc.; — further, that the term ‘kathañcana’ is meant to include property even other than that received from her father.

It is quoted in Vyavahāramayūkha (p. 71), which adds that ‘vā’ here stands for ‘ca’; so that the property is to be divided between the step-daughter and the step-daughter’s child; — it has been held that the term ‘Brāhmaṇī’ stands for equal and higheṛ castes; but we find no authority for this.

It is quoted in Aparārka (p. 721), which adds the following notes: — ‘Pitrā’, this is mentioned only by way of illustration; — ‘Kanyā’, step-daughter; — again on p. 753; — and in Dāyakramasaṅgraha (p. 26).

Comparative notes by various authors:

Mahābhārata (13.47.25).

VERSE 9.199

Section XXV - Strīdhana (property of the wife)

न निर्हारं स्त्रियः कुर्युः कुटुम्बाद् बहुमध्यगात् ।
स्वकादपि च वित्ताद् हि स्वस्य भर्तुरनाज्ञया ॥१९९॥

na nirhāraṃ striyaḥ kuryuḥ kuṭumbād bahumadhyagāt |
svakādapi ca vittād hi svasya bharturanājñayā ||199||

Women shall never make a hoard out of the family-property common to many, nor out of their own property, without the husband’s permission. — (199)

Medhātithi’s commentary (manubhāṣya):

(verses 9.182-201)

(No Bhāṣya available.)

Explanatory notes by Ganganath Jha:

“Kullūka and Rāghavānanda take the first clause to refer to the property of a united family, and the second to the separate property of the husband. — But according to Nārāyaṇa and Nandana the translation should be as follows: — ‘Wives should never take anything (for their private expenses) from their husband’s property destined for the support of their families, over which many have a claim, nor from their own property which is not strīdhana, without the consent of their husbands’.” — Buhler.

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