WYAVASTHA’-DARPANA 291 Thus Maru says : “ The property of a Brähmana shall never be taken (as an escheat) by the king; this is a fixed law; but the property of the other classes, on failure of all", the king may take.”f Authority. Boudha’vana –Poison kills but one, a Brahman's property (unduly appropriated) kills (also) Authority. the son and son's son : therefore, the king shall on no account take the property of a Bráhmana.t Dovala : —In every case the king may take the property of a subject dying without an heir, except the estate of a Bráhmana ; for the property of a Brähmana dying without an heir must be given to learned priests...}. SANKHA and Likhita:—The property of a parishad (d) descends to Bráhmanas, not to the king ; wealth consecrated to the gods, or allotted to priests, must not be seized by the sovereign, nor a deposit open or sealed, (n) nor wealth regularly inherited, nor the property of infants or women : thus the Veda expresses: “The inherited property of a woman must not be seized by the king, nor (acquired) effects of an infant, nor the wealth of a woman received in the six modes of acquisition, mor the patrimony of infants.”+ - (d) The term parishad in the above text signifies a.f (n) Deposits and the rest are terms employed indefinitely: hence the property consecrated to the gods, or allotted to priests, must on no account be taken by the king, unless as a fine or the like.* A failure of the descendants from the same patriarch or ancient sage, as well as of Brähmanas, must be understood as occurring when there are none inhabiting the same village, else an escheat to the king could never happen.t In respect to the property of a Brähmana, it must however be understood that, in default of a duly qualified Bráhmana, even a Brähmana of another village is the successor (p). (p) From the expression “even a Brähmana of another village" it is deduced that— 138. In default of a virtuous Brähmana of the same village, a like Brähmana of another village is heir. And not a common Brähmana of the same village so long as a virtuous Bráhmana can be found. Because, according to the texts: “Brähmands as have read the three vedas, as are pure in body and mind, as have subdued their passions: thus virtue is not lost,” &c., and “wealth is ordained for
- The term * all * intends as far as Brákmana•. Wide Dá. bhá. p. 228.
That is, on failuro of all (heirs) including honest or good Brdhmanae. Vide Coleb. Dig. Vol. III. 570. + Coleb. Dig. Vol. III. pp. 587—589. † Coleb. Då. bhá. p. 221. § W. Dá. Sang. p. 28. Macn. H. L. Vol. I. pp. 29, 80, wo V 3 Authority. Authority. Reason. Vyavasthá. Vyawasthá. Reason.
