XV[1]

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1. Now there are twelve kinds of sons.

2. The first is the son of the body, viz. he who is begotten (by the husband) himself on his own lawfully wedded wife.

3. The second is the soil begotten on a wife, viz. one begotten by a kinsman allied by funeral oblations, or^[1] by a member of the highest caste, on an appointed (wife or widow).

[XV. 1-29. M. IX, 127, 136, 158-181; Y. II, 127-132; Gaut. XXVIII, 18, 19, 32, 33; Colebrooke, Dig. V, 4, CLXXXV; V, 4, CCXV.--28-30. Colebrooke, Dig. V, 4, CCXCIX.--30. M. IX, 163.--31. Colebrooke, Dig. V, 3, CCCXXVII.--32-34. M. IX, 201-203; Y. II, 140, 141; Gaut. XXVIII, 43, 44.--32. Âpast. II, 6, 14, I.--34-38. Colebrooke, Dig. V, 5, CCCXXVII.--40. M. IX, 180; Y. II, 132.--41, 42. M. IX, 182, 183.--44. M. IX, 138; Colebrooke, Dig. V, 4, CCCII.--45-47. M. IX, 106, 137, 139. Of Chapters XV and XVII an excellent translation has been published by Dr. Bühler in the Bombay Digest (1, ¹ 338-343). I have followed him literally almost throughout.

3. ¹ I have translated the reading votpâditah, which was no doubt {footnote p. 62} the reading of Nandapandita, as he paraphrases the whole clause as follows, 'begotten by an elder or younger brother of the husband; on failure of such, by a kinsman allied by funeral oblations on failure of him, by one belonging to the same gotra (race) as the husband; on failure of him, by one descended from the same Rishi ancestors as he; on failure of him, by a member of the highest caste, i. e. a Brâhmana.' The above reading is also found in the London MS. of the text and in the two Calcutta editions. Dr. Bühler's MS., in which Nand.'s Commentary on this chapter is wanting, has kotpâditah, and he translates accordingly, 'begotten by a kinsman . . ., who belongs to the highest caste.' The same reading is found in a quotation contained in Gagannâtha and Colebrooke's Dig. loc. cit. (I quote from a very good though fragmentary Bengali MS. in my possession), where, however, this clause runs as follows, niyuktâyâm savarnena kotpâditah, 'begotten by a man of equal class on a widow duly appointed,' Colebrooke. The other Smritis do not speak of the appointment of others than kinsmen to beget a son on a widow, or wife of a eunuch, &c., unless Yâgñavalkya's words (II, 128) sagotrenetarena vâ, 'by a Sagotra or by another,' may be rendered, contrary to Vigñânesvara's interpretation, by 'a kinsman or one who is no kinsman.']

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4. The third is the son of an appointed daughter.

5. She is called an appointed daughter, who is given away by her father with the words, 'The son whom she bears be mine.'

6. A damsel who has no brother is also (in every case considered) an appointed daughter, though she has not been given away according to the rule of an appointed daughter.

7. The son of a twice-married woman is the fourth.

8. She who, being still a virgin, is married for the second time is called twice married (punarbhû).

9. She also is called twice married (punarbhû) who, though not legally married more than once, has lived with another man before her lawful marriage.

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10. The son of an unmarried damsel is the fifth.

11. (He is called so who is) born by an unmarried daughter in the house of her father.

12. And he belongs to the man who (afterwards) marries the mother.

13. The son who is secretly born in the house is the sixth.

14. He belongs to him in whose bed he is born.

15. The son received with a bride is the seventh.

16. He (is called so who) is the son of a woman married while she was pregnant.

17. And he belongs to the husband (of the pregnant bride).

18. The adopted son (dattaka) is the eighth.

19. And he belongs to him to whom he is given by his mother or father.

20. The son bought is the ninth.

21. And he belongs to him by whom he is bought.

22. The son self-given is the tenth.

23. And he belongs to him to whom he gave himself

24. The son cast away is the eleventh.

25. (He is called so) who was forsaken by his father or mother (or by both).

26. And he belongs to him by whom he is received.

27. The son born by any woman whomsoever^[1] is the twelfth.

[27. ¹ Yatra kvakanotpâdita, 'born wherever,' means, according to Nand., 'begotten anyhow, but otherwise than the above-mentioned sons, upon a woman, whether one's own wife, or another man's wife, whether equal in caste or not, whether legally married to the {footnote p. 64} begetter or not, whether still a virgin or not,' &c. But he adds a very lengthy discussion, the upshot of which is, that the term yatra kvakanotpâdita is applicable to adopted sons only, who, although they are considered as the sons of the adopter, or of the legitimate husband of the woman, upon whom they were begotten by another, may also become heirs to the begetter, in case he has no other son. 'Or this term refers to the son of a Sûdra concubine, whom Manu calls Pârasava' (M. IX, 178). The latter interpretation agrees with the one proposed by Dr. Bühler, who identifies the yatra kvakanotpâdita with the 'Nishâda and Pârasava of other lawyers,' especially of Baudhâyana (11, 2, 22), and with the view taken by Gagannâtha, who thinks that the Saudra (son of a Sûdra woman) is meant.]

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28. Amongst these (sons) each preceding one is preferable (to the one next in order).

29. And he takes the inheritance (before the next in order).

30. And let him maintain the rest.

31. He should marry unmarried (sisters) in a manner correspondent with the amount of his property.

32. Outcasts, eunuchs, persons incurably diseased, or deficient (in organs of sense or actions, such as blind, deaf, dumb, or insane persons, or lepers) do not receive a share.

33. They, should be maintained by those who take the inheritance.

34. And their legitimate sons receive a share.

35. But not the children of an outcast;

36. Provided they were born after (the commission of) the act on account of which the parents were outcasted.

37. Neither do children begotten (by husbands of

[32. 'The particle tu, "but," indicates that those who have entered the order of ascetics must also be understood here.' (Nand.)

34. 'The particle ka indicates that sons begotten on their wives (Kshetragas) shall also receive a share.' (Nand.)]

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an inferior caste) on women of a higher caste receive a share,

38. Their sons do not even receive a share of the wealth of their paternal grandfathers.

39. They should be supported by the heirs.

40. And he who inherits the wealth, presents the funeral oblation (to the deceased).

41. Amongst wives of one husband also the son of one is the son of all (and must present funeral oblations to them after their death).

42. Likewise, amongst brothers begotten by, one (father, the son of one is the son of all, and must present funeral oblations to them all).

43. Let a son present the funeral oblations to his father, even though he inherit no property.

44. Because he saves (trâyate) his father from the hell called Put, therefore (a male child) is called put-tra (protector from Put, son) by Svayambhû himself

45. He (the father) throws his debt on him (the son); and the father obtains immortality, if he sees the face of a loving son.

46. Through a son he conquers the worlds. through a grandson he obtains immortality, and through the soil's grandson he gains the world of the sun.

47. No difference is made in this world between the son of a son and the son of a daughter; for even a daughter's son works the salvation of a childless man, just like a son's son.

[44. 'Svayambhû means the Veda.' (Nand.)]

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