VY AVASTHA’-I) ARPAN A. 653 SECTI ON II. _ON FIT G I F'TS (7%at is, on 9://s or other transfers of property alienable.) These are enumerated by Vrihaspasi :—“A man may give what remains aster the food and clothing of his family: the giver of more may taste honey at first, but shall afterwards find it. poison. Of houses and land, acquired by any of the seven” modes of acquisition, whatever is given away, should be delivered, distinguishing (land) as (it was) left by the father, or gained by the occupier himself. At his pleasure he may give what himself acquired. A pledge must be disposed of by the law of pledges, (or subject, to redemption.) But of property acquired by marriage, or inherited from ancestors, the whole ought not to be alienated. (But) if what is a “quired by marriage, what has descended from an ancestor, or what has been gained by valour, be given with the assent of the wife, of the co-heirs, or of the king, the gift, has validity.” Colel. I)ig. vol. II. p. i 3 t. KATYAY ANA declares what may and what may not be given :-" Except his whole estate and his dwelling house, what remains after the food and clothing of his family, a man may give awayt, whatever it be ; otherwise it may not be given.” Ibid. p. 133. Therefore, - 369 The gift or other alienation of that portion of property which may remain after the food and clothing of the family, is neither invalid nor immoral. 370 The alienation of any portion of one's property, thereby distressing his family, is immoral though valid. . Because in such case it is inalienable, and the maintenance of the family is an indispensable obligation. 371 But if the calamity of the family cannot be got over, or if the family cannot be supported, or indispensable duties eannot be performed witliout aliena tion of the whole property, even that should be done by the occupier, and, if he be absent, by any person belonging to the family.
- There are seven virtuous means of acquiring property ; succession, occupancy or donation, and
purchase or exchange, conquest, lending at interest, husbandry or commerce, and acceptance of presents from respcctable mem. A/am u. t Consequently the whole of his own property (except his dwelling house) that, remains after tha. food and clothing of his family, a man may give away; such will be the sense of the feare. “ The whole.” is here mentioned to show that movables and immovables are not distinguished. “ II is own by this term, deposits and the like are excepted. Coleb. Dig. vol. II. p. 134, * V vav a-tlıa V y ava-t li a' V va vast ha^
