VYAVASTHA'-DARPANA. 57 The law, it is true, prescribes a widow's condition as only “abiding with her venerable protector,” but this injunction must be adhered to in spirit rather than to the letter. It is not to be concluded that if her husband's family contain no male, or if it be impracticable for her to stay therein, the widow cannot, even for so just a cause, and with no improper intent, leave the home of her husband's family and take up her abode with her own father and the rest; – a conclusion contrary to reason, and consequently to justice. Thus WRIRaspati, says : “It is not proper to found a judgment on the law (i. e. the letter of the law) alone : a judge loses his integrity who gives a judgment which is at variance with reason.” We say then, the purport of the injunction is, that it is preferable that the widow should abide under the protection of the family of her father-in-law. But— 21. If it be impracticable for the widow to stay in the family of her vyavastha. husband, because of oppression or other just cause, she may betake hereself to the family of her father and the rest, provided that her change of residence be not for unchaste purposes. - _ ബ് ബ് re 哆 - (t) “Restraining herself (ksha uta: )”—being abstemious, according to the commentators SaroKRisiis A & Achy UTA. “ Kshanta orkhyánta ",—not prodigally expensive, but enjoying the estate with frugality ; such is the exposition of the cominentators: the meaning is that she may use it to support life, but not to wear delicate apparel or the like. JAGANNatha. See Coleb. Dig. Vol. 1 II. p. 471, 472. In the phrase “the patní will enjoy the property, restraining herself, until her death”—the word “patni” is put merely for an example, and embraces all females cntitled to inherit. If it be asked why this term should be held to comprehend all such women P the answer is, that the property which devolves by inheritance on a woman not being Stridhan (that which is private and peculiar to a woman), and who are to succeed not being pointed out, the text is unnecessary, and it is left • to ascertain the heir : now, the modes of succession of females (entitled to inherit) being alike, 22. It is to be held that the heir of the former (male) owner succeeds to the property of an inheritrix ; consequently the word patno intends the female (whoever she be) entitled to inherit SRI KRIsIINA’s Comment on Dúyabhága Sans. p. 205. Vyavasthá (d) By the phrase “After her let the heirs take" it is meant that when she dies, the daughters and others, who would regularly be heirs in default of the wife, take the estate; not the kinsmen, since Vol. III. p. 464). With such subtle ingenuity the learned author frames the opinion--that all the alienations made by the midon, are ralid. Such opinion is by no means to be respected : the alienation made by a widow of the estate of her husband is held invalid except when and only when the act confers a benefit upon the husband, as the alienation for this purpose is permitted by the law, and that for other purposes is opposed to it, as well as to the establised usages, and even to the declaration of the said *thor himself, who thus concludes an exposition of the widow's rights and privileges: “Whenee it fully appears that her disposal of it at pleasure, otherwise than by the (simple) use of it, or by donation for the benefit of her lord, is invalid.” Q
