1. He should, during his lifetime, divide his wealth equally amongst his sons, excepting the eunuch, the mad man, and the outcast. 1
2. On failure of sons the nearest Sapinda (takes the inheritance). 2
5. On failure of all (relations) let the king take the inheritance. 5
6. Some declare, that the eldest son alone inherits. 6
7. In some countries gold, (or) black cattle, (or) black produce of the earth is the share of the eldest. 7
8. The chariot and the furniture in the house are the father's (share). 8
10. That (preference of the eldest son) is forbidden by the Sâstras. 10
11. For it is declared in the Veda, without (marking) a difference (in the treatment of the sons): Manu divided his wealth amongst his sons. 11
12. Now the Veda declares also in conformity with (the rule in favour of the eldest son) alone: They distinguish the eldest by (a larger share of) the heritage. 12
14. Therefore all (sons) who are virtuous inherit.
15. But him who expends money unrighteously, he shall disinherit, though he be the eldest son. 15
16. No division takes place between husband and wife. 16
133:1 14. The last Sûtra of Khanda 13 and the first of Khanda 14 are quoted by Colebrooke, Digest, Book V, Text xlii, and Mitâksharâ, Chap. I, Sect. iii, Par. 6. Colebrooke translates gîvan, 'during his lifetime,' by 'who makes a partition during his lifetime.' I think that this is not quite correct, and that Âpastamba intends to exhort householders to make a division during their lifetime, as later they ought to become ascetics or hermits. Haradatta introduces into his commentary on this Sûtra the whole chapter on the division of a father's estate amongst his sons, supplementing Âpastamba's short rule by the texts of other lawyers. No doubt, Âpastamba means to lay down, in these and the following Sûtras, only the leading principles of the law of inheritance, and he intends that the remaining particulars should be supplied from the law of custom or other Smritis.
133:2 Haradatta gives in his commentary a full summary of the rules on the succession of remoter relations. One point only deserves special mention. He declares that it is the opinion of Âpastamba, that widows cannot inherit. In this he is probably right, as Âpastamba does not mention them, and the use of the
134:5 'Because the word "all" is used, (the king shall take the estate) only on failure of Bandhus and Sagotras, i.e. gentiles within twelve degrees.'--Haradatta.
134:6 'The other sons shall live under his protection.'--Haradatta. Colebrooke, Mitâksharâ, Chap. I, Sect. iii, Par. 6.
134:7 '"Black produce of the earth," i.e. black grain, or according to others black iron.'--Haradatta. Compare for this and the following Sûtras Colebrooke, Mitâksharâ, Chap. I, Sect. iii, Par. 6, and Digest, Book V, Text xlviii.
134:8 The translation given above agrees with what I now recognise to be Haradatta's explanation, and with Colebrooke, Mitâksharâ, Chap. I, Sect. iii, Par. 6. Both the P. U. and Mr. U. MSS. of the Uggvalâ read rathah pituramso grihe yatparibhândam upakaranam pîthâdi tadapi, 'the chariot (is) the father's share; the furniture which (is) in the house, that also.' To this reading Mahâdeva's Uggvalâ on the Hiranyakesi Sûtra points likewise, which gives pîtur antah. The N. U. MS. of the Uggvalâ, according to which
135:10 The Sâstras are, according to Haradatta, the Vedas.
135:11 Taittirîyâ Samhitâ III, 1, 9, 4.
135:12 'Athâpi (now also) means "and certainly." They distinguish, they set apart the eldest son by wealth: this has been declared in the Veda in conformity with (the rule regarding) one (heir, Sûtra 6). He denies (Sûtra 13) that a passage also, which
136:15 Compare for this Sûtra and the following one Colebrooke's Digest, Book V, Text cccxv. The translation of pratipâdayati, 'expends,' by 'gains,' which is also proposed by Gagannâtha, is against Âpastamba's usage, see II, 5, 11, 17, and below, II, 8, 20, 19.
136:16 According to Haradatta, this Sûtra gives the reason why, in Sûtra 1, no share has been set apart for the wife. Compare Colebrooke's Digest, Book V, Text lxxxix, for this Sûtra and the following two.
137:20 See below, II, 11, 29, 3.