VYAWASTBIA?.DARPANA. \ } ርኃ 630 The sons born of those women who, though married according to the forms of the Veda, do not become wives," have no heritable right, they not being sons ( in the eye of the law.) “But the son of a Shridra, by a female slave or other unmarried Shūdrá woman, may share equally with other sons, by consent of the father. Thus Mann says: ‘A son hegotten by a man of the servile class on his female slave, or on the female slave of his slave, may take a share of the heritage, if perinitted: thus is the law astablished.” Without such consent, he shall take a half share ; as Jáynyaralkya directs : " Even a son begotten by a Shudra on a female slave may take a share by the choice of his father; but if the father be dead, the brethren should make him partaker of half a share.” Begotten on an unmarried woman, and having no brother, he may take the whole property : provided there ire not a danghter's soli. So Jiquyar tırdains : " One who has no brothers may inherit the whole property, for want of daughter's sopr.” But if there be a daughter's son, he khali share equally with him: for no special provision occurs, and it it. fit that the allotment hould be equal, since the one, though horn of an unmarried woman, is son of the owner ; and the other, though sprung from a married woman, is only his daughter's son.”–Coleb. Da bha, P.151. The principle above quoted is not, however, generally followed in practice in the present age. First, because, if the woman be of a different class, her son has no right to the heritage, by the analogy of the adoption of a datsuk son from a different tribe as well as the marriage of a damsel with a man of a different class being prohibited, and, in the eye of the law, such a woman, though married, not being the wife” of the man to whom she was espoused, and the won born of such a woman not being his son, Secondly, because female slaves as described by lawt being now rare, it is concluded that in the present age there is no female slave's won. Thirdly, because a son begotten by a man on a woman not married to him, is by custom held to be a bastard. The above principle of the Dayabhāga is, therefore, applicable only to to the low, and not to the good and high caste, Siúdras of this country, whose conduct and religious acts are like those of twice born men, and whose succession to heritage is also regulated by custom like that of the twice born classes; and custom being the transcendent law, as declared by Mass and the rest, must supersede the general maxims of the lawf.
- See the oyatastiá, No. 899, 400, 401, 402, 403, 404, 405, 408, 410,411, 415 & 410, pp. 809-829, and Coleb. Dig. vol. III. p. 329—832. w
- See ante, p. 546. £ 8ee sate, pp. 804—814.
Wyawaatha.
