পাতা:ব্যবস্থা-দর্পণঃ প্রথম খণ্ড.djvu/৩০১

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‘VYAVAST HA’DARPANA 175 (s) Here the expression “failure of daughter's son” means the circumstance of a daughter's not being born, as well as the failure of such daughter's son as was not vested with succession, since ●风 failure of a daughter's son wested with succession, his own heirs shall succeed to the estate (and not the heir of the former owner.) (h) Here the term “leaving no son" comprehends the failure of heirs as far as the daughter's son. VA chaspati Misha, (and others) by adopting a different reading in the text of Visitsu, viz.:-- “The wealth of him who leaves no male issue, goes to his wife; on failure of her, it devolves on daughters: if there be none, it belongs to the mother; if she be dead, it appertains to the father”—have declared the mother's right of succession to precede that of the father. This is not correct; for the reading established by the original text of Vishnu, is the reverse (of that which they have adopted,) namely: “If there be none, it belongs to the father; if he be dead, it appertains to the mother.” It has also been thus transcribed by all authors. Besides, the other reading is at variance with the text of KATYAYANA above oited (W. Dá. Kra. Sang. p. 11.) This is a result too of reasoning—that the father's right of succession should be after the daughter's son, and before the mother, because the father is preferable to the mother and the rést, by reason of presenting (personally) to others two oblation-cakes in which the deceased participates: and his superiority is indicated in a passage of MANU : “In a comparison of the male with the female sex, the male is pronounced superior,” (9, 85;) and in the term “pitarou, both parents,” the priority of the father is indicated : for the father is first suggested by the radical term pitri ; and afterwards the mother is inferred from the dual number, by assuming, that one term (of two which composed the phrase) is retained; and because the prior succession of the mother would contradict the text of VISHNU : “If thero be none, it belongs to the father; if he be dead, it appertains to the mother.” (JIMUTAvA HANA. Xolcb. Dá. bhá. p. 195.) The reading approved by Jr ́átU“tAva*ítANA must be followed in the text of VisiiNU"; for JA GNYAvALKYA declares: If two texts differ, reason, (or that which it best supports), must in practice prevail, when the reason of law can be shown. (Coleb. Dig. Vol. III. 505.) ON THE MoTRER’s RIGHT OF SUccEssion. 61. In default of the father, succession devolves on the mother:f Because she confers benefits on him by the birth of other sons who offer three oblation-cakes in which he will participate. And because it is: to make a grateful return to her, for benefits which she has personally conferred by bearing the child in her womb, and nurturing him during his infancy.# Coleb. Dá bhá. 196. • Immediately after propounding the father's right to the estate, Wish Nu's text declares : ** If he be dead, it appertains to the mother.” (Coleb, Dá. bhá. p. 196.) And the text of Vaihaspati declares: “Of a deceased son, who leaves neither wife nor son (a), the mother (i) must be considered as heiress, or by her consent the brother may inherit.” (Coleb. Dá. bhā. p. 194.) • See V. D. p. 29. . . Coleb. Da. bha". Ch. XI. Sect. 4, para. 1. p. 196.-W. Daí, Kra. Sang. page 13. Da". T. p. 84. Coleb. Dig. Vol. III. p. 808.* Macn. H. L. Vol. I. p. es.-Eib. In. p. 7r. f Ten months the mother bore her infant in her womb, suffering extreme anguish, fainting with travail and various pangs, she brought forth her child: Loving her sons more than her life, the tender Wyawashtá. Reason. Authority.