vYAVASTHA'.DARPANA. 】ዝ 42 In practice, however, of the persons afflicted with the abovementioned diseases, only the leper who has ulcers discharging putrid matter or blood, the person afflicted with slight leprosy not expiated by penance, and the person who has become an idiot, dumb, deaf, or blind in the course of his or her life, and is past cure, are seen to be excluded from inheritance': the persons afflicted with any other malady, although not entitled to inherit before the performance of the expiatory penance," are seen to take the inheritance even without performing "sue; peniance. In the text of Berala, the word “elephantiasis” is illustrative of these morbid αλανσιν, for, in texts which will be quoted, it is expressed by the general terms “disease' or ‘malady.” Then, a man afflicted by gonorrhaea or dysentery, would be also disqualified. Gonorrhoa, dysentery aงเd the rest, may also proceed from the pernicious effects of drugs; but if they be ascertained to be the marks of an atrocious crime, or of sin in the highest degree, disability is admitted by the terms of the text of Wäraisa : (“One utilicted with an obstiuate or an agonising disease,” &c.)—Culeb, Dig. vol. III. 31 1. * (h) Afflicted with an incurable disease.”—This being heard ( said, ) is after partition, one he cured of his or her disease by the administration of medicine and 80 forth, then he 3r she also shall share the heritage-Commentary os the Dáyabháya, Sans. p. i 19. (m) Such as have lost the use of an organ.’—This must not be taken to indicate the total failure of limbs or organs, as in that cafe it would be impossible for a person to live ; nor laust it mean the failure of one limb only, as in that case one is not deprived of an organ, and one who had only lost the use of one hand would be incapable of inheriting. Logicians do not acknowledge any essential property common to all organs and peculiar to them : hence, a general failure of them all cannot be affirmed by a single term ; but the general failure of a particular one or more ( not of all ) is the meaning. That is, the total failure of (power to use ) the hands or feet; the total failure of the sense of smelling or tasting ; the deprivation of hearing, which constitutes deafness ; the total failure of the generative organs (which is called ) impo tency; dumbness, or the total failure of speech, which depends upon the tongue; and so fortht, See Coleb. Dig. vol. III. pp. 32], 322.
- According to Raghunandana and others, men afflicted with elephantiasis, marasmus, honey-coloured gomorrhoea, black teeth, and other distempera difficultly cured, are incapable of inheritance so long as
be unperformed.—Coleb. Dig. vol. III. pp. 814, 816, * By this law, privation of any "one of these faculties excludes from inheritance, as does lameness, but it must be entire ; that is, the individual must be so lame as not to be able to walk on either foot. and so, as to his hands, he must be deprived of the use of both.-Str. H. L. vol. I. p. 215. p
