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Devala (Do.). — ‘His uterine brothers shall divide the property of the man dying without a son; or his daughters of the same caste, or his father, if he he living, or stepbrothers of the same caste as himself or his mother or his wife, — in this same order.’

Paiṭhīnasi (Vivādaratnākara, p. 592). — ‘If a man dies without a son, his property goes to his brother; in the absence of the brother, his mother and father take it; or his senior wife; or his Sagotras, pupils and fellow-students.’

VERSE 9.218

Section XXVIII - Son’s Property inherited by the Mother

ऋणे धने च सर्वस्मिन् प्रविभक्ते यथाविधि ।
पश्चाद् दृश्येत यत् किं चित् तत् सर्वं समतां नयेत् ॥२१८॥

ṛṇe dhane ca sarvasmin pravibhakte yathāvidhi |
paścād dṛśyeta yat kiṃ cit tat sarvaṃ samatāṃ nayet ||218||

After all the assets and liabilities have been duly distributed, if something be discovered afterwards, — all this must be divided equally. — (218)

Medhātithi’s commentary (manubhāṣya):

Through ignorance, after the property, more or less, has been divided, — if something is discovered, it shall be equally divided; and in what is discovered after the division, there shall be no ‘preferential share’ for the eldest brother. — (218)

Explanatory notes by Ganganath Jha:

According to Nārāyaṇa, this verse applies also to debts discovered after partition.

This verse is quoted in Vivādaratnākara (p. 525) — in Parāśaramādhava (Vyavahāra, p. 382); — in Dāyakramasaṅgraha (p. 54) — in Nṛsiṃhaprasāda (Vyavahāra 37b); — in Vīramitrodaya (Vyavahāra 220a); — and by Jīmūtavāhana (Dāyabhāga, p. 345.)

Comparative notes by various authors:

Yājñavalkya (2.126). — ‘If after partition it is discovered that some properties have been in the exclusive possession of one or other of the co-parceners, — they shall divide all such properties again in equal shares.’

Kātyāyana (Aparārka, p. 732). — ‘If any property had remained concealed at the time of partition, and is subsequently discovered, it shall be divided by the man in possession among his brothers. — If the partition is found to have been wrongly made, — or if such properties are subsequently discovered as have been in the possession of one or other of the co-parceners, — or if some property that had been lost is recovered, — they shall make another division.’

Bṛhaspati (25.96). — ‘When the loan or mortgaging of a joint property is concealed with a fraudulent purpose, the King shall recover it from the cheat by artifice, but not use violence to extort it from him.’

VERSE 9.219 [Impartible Property]

Section XXIX - Impartible Property

वस्त्रं पत्रमलङ्कारं कृतान्नमुदकं स्त्रियः ?? ।
योगक्षेमं प्रचारं च न विभाज्यं प्रचक्षते ॥२१९॥

vastraṃ patramalaṅkāraṃ kṛtānnamudakaṃ striyaḥ ?? |
yogakṣemaṃ pracāraṃ ca na vibhājyaṃ pracakṣate ||219||

A cloth, a conveyance, an ornament, cooked food, water, women, what is conducive to welfare and pasture-ground, — these they declare to be impartible. — (219)

Medhātithi’s commentary (manubhāṣya):

The singular number in ‘cloth,’ ‘conveyance‘ornament,’ and ‘cooked food’ is meant to be significant.

‘Conveyance’ — vehicle; such as a chariot, a cart and so forth.

‘Ornament’ — the ring and so forth.

‘Cloth’ — of ordinary quality, not what is exceptionally valuable.

‘Water’ — well, tank and so forth.

‘Women’ — female slaves.

‘Yogakṣeman’ — what is conducive (‘kṣema’) to welfare (‘yoga’); e.g., experienced ministers, priests, councillors and so forth. These are helpful in guarding the household against thieves and others.

In another Smṛti it is found that ‘there is no division of the dwelling-house.’

‘Pasture-ground’ — where the cattle graze.

From what is declared here it would follow that it is not absolutely true that there is nothing wrong in dividing what has been left by the father. But this denial is of that kind of which a transgression involves no sin. (?) — (219)

Explanatory notes by Ganganath Jha:

‘Striyaḥ’ — ‘Female slaves’ (Medhātithi); — ‘wives’ (Nārāyaṇa).

(a) ‘Yogakṣemam (b) pracāram’. — (a) ‘agencies securing protection; such as councillors, parents, old ministers, who protect people against thieves; (b) pasture land’ (Medhātithi, who is badly misrepresented by Buhler; Kullūka and Raghāvānanda); — (a) ‘means of gain, e.g., a royal grant, and means of protection (b) and roads’ (Nārāyaṇa); — (a) sources of gain, persons for whom one sacrifices, and means of protection, (b) path leading to fields.’ (Nandana).

This verse is quoted in Madanapārijāta (p. 685), which adds the following notes — Only those clothes are impartible which are worn ; — ‘patram,’ conveyances, e.g., horses, palanquins and so forth; of these also those are not to be divided which have been in the constant use of any one exclusively; — or ‘patra’ may be taken as ‘property consisting of a written document’; — in Dāyakrama-saṅgraha (p. 37); — and in Vīra mitvodaya (Vyavahāra 221a), which explains ‘patram’ as conveyance.

It is quoted in Mitākṣarā (2.118) as describing property that cannot be partitioned; — it goes on to add that of clothes those only are impartible which have been worn by some one; the clothes that were worn by the father should, on bis death, be given away to persons fed at his Śrāddha. The Bālambhaṭṭī adds that the view of Medhātithi and Kalpataru — that valuable clothes are not included here — is to be rejected

It is quoted in Aparārka (p. 725), which adds that the explanation by some people of ‘patram’ as conveyance is opposed to the text of Kātyāyana, by which the word stands for ‘property entered in a written document.’

It is quoted in Vivādaratnākara (p. 504), which adds the following notes: — ‘Patram’ is ‘property entered in a written document,’ as is clear from the texts of Kātyāyana; though Halāyudha has explained it to mean ‘conveyance’; — ‘Kṛtānnam,’ flour and rice, says the Pārijāta; — ‘Striyāḥ,’ those that are ‘Samyukta,’ ‘attached to,’ any one in particular; — ‘Yogakṣemam’ stands for ministers and priests who are the agents of protection; — ‘Pracārāḥ,’ paths for the passing of cattle; — Halāyudha has explained ‘Yoga’ as ‘boats and such things’ and ‘Kṣema’ as ‘forts and such means of safety.’

It is quoted in Parāśaramādhava (Vyavahāra, p. 380), which has the following notes — ‘Clothes’ that are worn; — the clothes worn by the father should, on his death, be given away to the persons fed at his Śrāddha.

Comparative notes by various authors:

Viṣṇu (18.44). — ‘Apparel, vehicles, and ornaments, prepared food, water, females, property set apart for pious purposes or for sacrifices, a common pasture-ground and document (or books) are impartible.’

Gautama (28.46-47). — ‘Water, property set apart for pious uses or for sacrifices, and prepared food shall not be divided; — nor women already connected.’

Śaṅkha-Likhita (Vivādaratnākara, p. 503). — ‘There shall he no division of the dwelling house, or of water-vessels, ornaments, employed women, clothes, or water-drains, — so says Prajāpati.’

Vyāsa (Do., pp. 504-505). — ‘Persons for whom one officiates at sacrifices, agricultural holdings, conveyance, prepared food, water, and woman are impartible.’

Kātyāyana (Do., pp. 504-505). — ‘Property that has been set apart by means of a document for religious purposes, water, wives, hereditary mortgage (nibandha?), clothes and ornaments that have been worn, articles whose division is impossible, pasture-ground, paths, — these should not be divided.’

Bṛhaspati (25.79-85). — ‘Those by whom clothes and the like articles have been declared to he impartible have not taken into consideration the fact that the wealth of the rich is based upon clothes and ornaments; — such wealth, when withheld from partition, will yield no profit; but it cannot be allotted to a single co-parcener. Therefore it has to be divided with some skill, or else it would be useless. — Clothes and ornaments are to be divided after selling them (and distributing the proceeds); a written bond is divided after recovering the amount involved; prepared food is divided by means of exchange with unprepared food. — The water of a well or a pool shall be drawn and used according to need. A single female slave shall be successively made to work at the houses of the several co-sharers, according to their respective shares. — If there are many such slaves, they shall be divided equally. The same rule applies to male slaves also. Property obtained for a pious purpose shall he divided in equal shares. — Fields and embankments shall he divided according to the several shares. A common road or pasture-ground shall be always used by the co-sharers in due proportion to their several shares. — The clothes, ornaments, bed and the like, as well as conveyances and such things — appertaining to the father — shall he given to the person who pertakes of his funeral repast, after honouring him with fragrant drugs and flowers.’

VERSE 9.220 [Gambling]

Section XXX - Gambling

अयमुक्तो विभागो वः पुत्राणां च क्रियाविधिः ।
क्रमशः क्षेत्रजादीनां द्यूतधर्मं निबोधत ॥२२०॥

ayamukto vibhāgo vaḥ putrāṇāṃ ca kriyāvidhiḥ |
kramaśaḥ kṣetrajādīnāṃ dyūtadharmaṃ nibodhata ||220||

Thus has been expounded to you Partition, and the appointing of the ‘soil-born’ and other kinds of sons in due order. Now learn the law relating to Gambling. — (220)

Medhātithi’s commentary (manubhāṣya):

(verses 9.220-227)

(No Bhāṣya)

VERSE 9.221

Section XXX - Gambling

द्यूतं समाह्वयं चैव राजा राष्ट्रात्निवारयेत् ।
राजान्तकरणावेतौ द्वौ दोषौ पृथिवीक्षिताम् ॥२२१॥

dyūtaṃ samāhvayaṃ caiva rājā rāṣṭrātnivārayet |
rājāntakaraṇāvetau dvau doṣau pṛthivīkṣitām ||221||

The King shall exclude from his realm Gambling and Betting; these two evils bring about the destruction of the kingdoms of princes. — (221)

Medhātithi’s commentary (manubhāṣya):

(verses 9.220-227)

(No Bāṣhya)

Explanatory notes by Ganganath Jha:

Medhātithi appears (from his remarks on 228) to have intentionally omitted to comment on 221-227.

This verse is quoted in Vivādaratnākara (p. 611); — in Vīramitrodaya (Rājanīti, p. 152); — and in Vyavahāra-Bālambhaṭṭī (p. 880),

Comparative notes by various authors:

(verses 9.221-222)

Arthaśāstra (p. 111). — ‘The superintendent of gambling shall centralise gambling in one place; — this for the purpose of finding out criminals; — one gambling in other places shall be find 12 Paṇas.’

Yājñavalkya (20.203). — ‘Gambling shall he centralised in one place, for the purpose of finding out thieves.’

Bṛhaspati (26.1-2). — ‘Gambling has been prohibited by Manu, because it destroys truth, honesty and wealth. It has been permitted by others, when conducted so as to allow the King a share. — It shall take place under the superintendence

of keepers of gaming houses, as this serves the purpose of discovering thieves.’

Nārada (17.18). — ‘The gamblers shall pay to the King the share due to him and play in public; thus no wrong will be committed.’

Do. (17.2). — ‘The master of the gaming house shall arrange the game and pay the stakes; the profit of this conductor shall he 10 per cent.’

Kātyāyana (Vivādaratnākara, p. 612). — ‘The keeper of the gambling house shall arrange the gambling and pay the dues; and the interest he shall receive from the gamblers would be ten per cent.’

VERSE 9.222

Section XXX - Gambling

प्रकाशमेतत् तास्कर्यं यद् देवनसमाह्वयौ ।
तयोर्नित्यं प्रतीघाते नृपतिर्यत्नवान् भवेत् ॥२२२॥

prakāśametat tāskaryaṃ yad devanasamāhvayau |
tayornityaṃ pratīghāte nṛpatiryatnavān bhavet ||222||

Gambling and Betting are open theft; the King shall always be careful in suppressing them. — (222)

Medhātithi’s commentary (manubhāṣya):

(verses 9.220-227)

(No Bāṣhya)

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 611); — in Vyavahāra-Bālambhaṭṭī (p. 880); — and in Vivādacintāmaṇi (Calcutta, p. 166).

Comparative notes by various authors:

(verses 9.221-222)

See Comparative notes for Verse 9.221.

VERSE 9.223

Section XXX - Gambling

अप्राणिभिर्यत् क्रियते तत्लोके द्यूतमुच्यते ।
प्राणिभिः क्रियते यस्तु स विज्ञेयः समाह्वयः ॥२२३॥

aprāṇibhiryat kriyate tatloke dyūtamucyate |
prāṇibhiḥ kriyate yastu sa vijñeyaḥ samāhvayaḥ ||223||

That which is done through inanimate things is called ‘Gambling’; while what is done through animate things is to be known as ‘Betting.’ — (223)

Medhātithi’s commentary (manubhāṣya):

(verses 9.220-227)

(No Bāṣhya)

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 610); — in Parāśaramādhava (Vyavahāra, p. 388), which explains ‘aprāṇibhiḥ,’ as ‘by dice, leather-tablets, sticks and so forth,’ and ‘prāṇibhiḥ’, as ‘by cocks and other animals’; — in Smṛtitattva (p. 27); — in Aparārkā, p. 802; — in Mitākṣarā (2. 199); — in Vīramitrodaya (Rājanīti, p. 153), which adds the following notes — ‘Aprāṇibhiḥ’, with dice, tablets and so forth; — ‘prāṇibhiḥ’ with rams, cocks and other animals; — ‘gambling’ and ‘prize-fighting’ are names applicable to only such acts as are accompanied by betting; where there is no betting, the act is called ‘sport’ and not deprecated among people; — in Smṛtisāroddhāra (p. 333); — in Nṛsiṃhaprasāda (Vyavahāra, p. 44b); in Vivādacintāmaṇī (Calcutta, p. 166), which explains ‘aprāṇibhiḥ’ as dice and the like — in Smṛticandrikā (Vyavahāra, p. 19); — and in Vīramitrodaya (Vyavahāra 223b).

Comparative notes by various authors:

Bṛhaspati (26.3). — ‘When birds, rams, deer or other animals are caused to fight against one another after a wager has been laid, it is called Betting.’

Nārada (17.1). — ‘Dishonest gambling with dice, small pieces of leather, little staves of ivory, and Betting on birds form the subject of a head of dispute.’

VERSE 9.224

Section XXX - Gambling

द्यूतं समाह्वयं चैव यः कुर्यात् कारयेत वा ।
तान् सर्वान् घातयेद् राजा शूद्रांश्च द्विजलिङ्गिनः ॥२२४॥

dyūtaṃ samāhvayaṃ caiva yaḥ kuryāt kārayeta vā |
tān sarvān ghātayed rājā śūdrāṃśca dvijaliṅginaḥ ||224||

He who either does the gambling or betting himself, or helps others to do them, — all these the King shall strike; as also those Śūdras who assume the guise of twice-born men. — (224)

Medhātithi’s commentary (manubhāṣya):

(verses 9.220-227)

(No Bāṣhya)

Explanatory notes by Ganganath Jha:

‘Ghātayet.’ — ‘Shall cause to be flogged’ (Nārāyaṇa); — ‘shall cause their hands and feet to be cut off and so forth according to the gravity of the offence’ (Kullūka and Rāghavānanda).

This verse is quoted in Aparārka (p. 804), which notes that this refers to such gambling as is not done under the supervision of the King’s Officers; — in Parāśaramādhava (Vyavahāra, p. 392); — in, Mitākṣarā (2.202), which notes that all these rules pertain to such gambling as is accompanied by fraudulent practices, or is conducted without the guidance of game-house-keepers appointed by the king; — in Vivādaratnākara (p. 611); — and in Vyavahāramayūkha (p. 109), which explains ‘dvijaliṅga’ as consisting of the wearing of the sacred thread, the reciting of the Veda and so forth.

It is quoted in Vīramitrodaya (Rājanīti, p. 153), which explains the meaning to be that the king should inflict such corporeal punishment as the cutting off of the hands and feet, in accordance with the nature of the act actually committed, on those who themselves do the gambling and the betting, as also on those who as keepers of gaming houses, abet others to do it; — ‘dvijaliṅginaḥ’ are men who wear the marks of the twice-born, such as the sacred thread, the sandal-paint and so forth; — in Nṛsiṃhaprasāda (Vyavahāra 44b); — in Vivādacintāmaṇi (Calcutta, p. 166); — and in Smṛtisāroddhāra, (p. 334).

Comparative notes by various authors:

Yājñavalkya (2.304). — ‘Those playing with loaded dice, or in a deceitful manner, should be branded and then banished.’

Viṣṇu (Aparārka, p. 804). — ‘Those playing with loaded dice should have their hands cut off.’

VERSE 9.225

Section XXX - Gambling

कितवान् कुशीलवान् क्रूरान् पाषण्डस्थांश्च मानवान् ।
विकर्मस्थान् शौण्डिकांश्च क्षिप्रं निर्वासयेत् पुरात् ॥२२५॥

kitavān kuśīlavān krūrān pāṣaṇḍasthāṃśca mānavān |
vikarmasthān śauṇḍikāṃśca kṣipraṃ nirvāsayet purāt ||225||

Gamblers, dancers, cruel men, men belonging to heretical sects, men addicted to evil deeds, dealers in wine, — these the King shall instantly banish from his town. — (225)

Medhātithi’s commentary (manubhāṣya):

(verses 9.220-227)

(No Bāṣhya)

Explanatory notes by Ganganath Jha:

‘Krūrān’. — Nārāyaṇa and Rāghavānanda read ‘kerān’ and explain it as ‘men of crooked behaviour.’ — Nandana reads ‘kailān’ and explains it as ‘men addicted to sporting.’

‘Śauṇḍikān’. — ‘Liquor-vendors’ (Nārāyaṇa and Kūlluka); — ‘Drunkards’ (Nandana).

This verse is quoted in Vivādaratnākara (p. 315), which adds the following notes: — ‘Kitavān’, fraudulent gamblers; — ‘kuśīlavān’, here stands for those men who are sharp enough to entrap even unwilling people; — ‘kerān’, ‘go-betweens between strange couples’; — ‘pāṣaṇḍasthān’, men belonging to the Kṣapaṇaka and other heretical sects; — ‘Vikarmasthān’, men addicted to entirely forbidden occupations ‘śauṇḍikān’, men addicted to excessive drinking.

It is quoted in Vīramitrodaya (Rājanīti, p. 153); — and in Vyavahāra-Bālambhaṭṭī (p. 880).

Comparative notes by various authors:

(verses 9.225-226)

Bṛhsapati (Vivādaratnākara, p. 315). — ‘Those who cheat men through incantations or medicinal herbs, and those who perform malevolent rites, should he banished by the King.’

VERSE 9.226

Section XXX - Gambling

एते राष्ट्रे वर्तमाना राज्ञः प्रच्छन्नतस्कराः ।
विकर्मक्रियया नित्यं बाधन्ते भद्रिकाः प्रजाः ॥२२६॥

ete rāṣṭre vartamānā rājñaḥ pracchannataskarāḥ |
vikarmakriyayā nityaṃ bādhante bhadrikāḥ prajāḥ ||226||

These disguised thieves, living in the King’s realm, constantly harass the well-behaved people by their evil deeds. — (226)

Medhātithi’s commentary (manubhāṣya):

(verses 9.220-227)

(No Bāṣhya)

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 315), which explains ‘pracchannataskarāḥ,’ as men who are as bad as thieves; — in Vīramitrodaya (Rājanīti, p. 153); — and in Vyavahāra-Bālambhaṭṭī (p. 880).

Comparative notes by various authors:

(verses 9.225-226)

See Comparative notes for Verse 9.225.

VERSE 9.227

Section XXX - Gambling

द्यूतमेतत् पुरा कल्पे दृष्टं वैरकरं महत् ।
तस्माद् द्यूतं न सेवेत हास्यार्थमपि बुद्धिमान् ॥२२७॥

dyūtametat purā kalpe dṛṣṭaṃ vairakaraṃ mahat |
tasmād dyūtaṃ na seveta hāsyārthamapi buddhimān ||227||

In former cycles gambling has been seen to be the great source of enmity; the wise man shall therefore not have recourse to gambling, even in joke. — (227)

Medhātithi’s commentary (manubhāṣya):

(verses 9.220-227)

(No Bāṣhya)

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 611); — in Vīramitrodaya (Rājnīti, p. 153); — and in Vyavahāra-Bālambhaṭṭī (p. 880).

Comparative notes by various authors:

(verses 9.227-228)

Kātyāyana (Vivādaratnākara, p. 611). — ‘Ones hall never take to gambling, which incites anger and greed.’

VERSE 9.228

Section XXX - Gambling

प्रच्छन्नं वा प्रकाशं वा तन्निषेवेत यो नरः ।
तस्य दण्डविकल्पः स्याद् यथेष्टं नृपतेस्तथा ॥२२८॥

pracchannaṃ vā prakāśaṃ vā tanniṣeveta yo naraḥ |
tasya daṇḍavikalpaḥ syād yatheṣṭaṃ nṛpatestathā ||228||

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