IX. « own father, and one to the father of his mother^

133. ^ Between a son's son and the son of such a daughter, there is no difference in law; since their father and mother both sprang from the body of the same man :
134. ^ But, a daughter having been appointed to produce a son for her father, and a son^ begotten by himself^ being afterwards bom, the division of the heritage must in that case be equal; since there is no right of primogeniture for a woman.
135. ' Should a daughter, thus appointed to raise up a son for her father, die by any accident with- out a son, the husband of that daughter may, with- out hesitation, possess himself of her property.
136. ^ By that male child, whom a daughter thus appointed, either by an implied intention or a plain declaration, shall produce from a husband of an equal class, the maternal grandfather becomes in law the father of a son: let that son give the fu- neral cake and possess the inheritance.
137. ^ By a son, a man obtains victory over all people ; by a son's son, he enjoys immortality ; and, afterwards, by the son of that grandson, he reaches the solar abode.
138. ^ Since the son (Yrdyate) delivers his father from the hell named put^ he was, therefore, called puttra by Brahma' himself:
139. ' Now
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COMMERCIAL AND SERVILE CLASSES. 309
139. ^ Now^ between the sons of his son and of his chap. daughter thus appointed, there subsists in this world ^^ no diflference ; for even the son of such a daughter delivers hira in the next, like the son of his son.
140. ^ Let the son of such a daughter oflfer the first funeral cake to his mother ; the second to her fa- ther ; the third, to her paternal grandfather.
141. ^ Of the man, to whom a son has been given, according to a subsequent law, adorned with every virtue, that son shall take a ffth or sixth part of the heritage, though brought from a different family;
142. * A given son must never claim the family and estate of his natural father: the funeral cake follows the family and estate; but of him, who has given away his son, the funeral oblation is extinct.
143: ^ The son of a wife, not authorized to have issue by another, and the son begotten, by the brother of the husband, on a wife, who has a son then living, are both unworthy of the heritage; one being the child of an adulterer, and the other pro- duced through mere lust.
144. * Even the son of a wife duly authorized, not begotten according to the law already propoundedj is unworthy of the paternal estate; for he was pro- created by an outcast :
145. ' But the son legally begotten on a wife, au- thorized for the purpose before mentioned^ way inhe- rit in all respectSy if he be virtuous and learned, as
' a son
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310 ON THE SAME; AND ON THE
CHAP. ' a son b^otten by the husband ; smce in that case ^^ ' the seed and the produce belong
* owner of the field.
146. ^ He, who keeps the Jiwed and moveable estate ^ of his deceased brother, maintains the widow, and ' raises up a son to that brother, must give to that ^ son, at the age of fifteen^ the whole of his brother's ' divided property.
147. * Should a wife, even though legally autho- ^ rized, produce a son by the brother, or any other
* sapinday of her husband, that son, if begotten with ' amorotis embraces^ and tokens of impure desire, the ^ sages proclaim base-bom and incapable of inheriting.
148. ^ This law, which has preceded ^ must be un- ^ derstood of a distribution among sons begotten on ' women of the same class : hear now the law con- ^ ceming sons by several women of diflferent classes.
149. ^ If there be four wives of a Brdhmen in the ^ du-ect order of the classes, and sons are produced ^ by them all, this is the rule of partition among ' them:
150. ^ The chief servant in husbandry, the bull kept ^ for impregnating cows, the riding-horse or carriage, ' the ring and other ornaments, and the principal mes- ' suage, shall be deducted from the inheritance and ' given to the .BrrfAmen-son, together with a larger ' share by way of pre-eminence.
151. ^ Let the Brdhmen take three shares of the
' residue ;
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COMMERCIAL AND SERVILE CLASSES. 311
* residue; the son of the Cshatriy i-wife^ two shares; chap.
* the son of the ^wyA-wife, a share and a half; and ^' ^ the son of the Stidrd-wiiey may take one share.
152. ^ Or, if no deduction be made^ let some per- ^ son learned in the law divide the whole collected ^ estate into ten parts, and make a legal distribution
* by this following rule :
153. ^ Let the son of the Brdhmanl take four parts;
* the son of the Cshatriyh three ; let the son of the ' Vaisyh have two parts ; let the son of the Sddrd ' take a single part, if he he virtuous.
154. ^ But whether the Brahmen have sons, or have ' no sons, hy wives of the three first classes^ no more ^ than a tenth part must be given to the son of a Sd- ' drh.
155. ' The son of a Brdhmen, a Cshatriyay or a
* Vaisya by a woman of the servile class, shall inhe- ^ rit no part of the estate, unless he he virtuous; nor ^ jointly with other sons, unless ,his mother wets law-^ ' f^^hf ntarried : whatever his father may give him, let ^ that be his own.
156. ^ All the sons of twice-born men, produced by ' wives of the same class, must divide the heritage
* equally, after the younger brothers have given the
* first-born his deducted allotment.
157. ^ For a Sddra is ordained a wife of his own
* class, and no other : all, produced by her, shall have ^ equal shares, though she have a himdred sons.
158. ' Or
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312
ON THE £AME; AND ON THE
CHAP. ' IX.
158. ^ Of the twelve sons of men, whom Mbnu, sprung from the Self-existent, has named^ six are kinsmen and heirs ; six, not heirs, except fjo their own fathersj but kinsmen.
159. ' The son begotten by a man himself in law- fid wedlock^ the son of his wife begotten in the manner before described^ a son given to him^ a son made or adopted^ a son of concealed birth^ or whose real father canfibt be knownj and a son rejected by his natural parents^ are the six kinsmen and heirs :
160. ^ The son of a young woman unmarried y the son of a pregnant bride, a son bought, a son by a twice-married woman, a son self-given, and a son by a JSiidrd^ are the six kinsmen, but not heirs to collaterals.
161. ^ Such advantage, as a man would gain, who should attempt to pass deep water in a boat made of woven reeds, that father obtains, who passes the gloom of death, leaving only contemptible sons, who are the eleven^ or at least the sioOj last mentioned.
162. ' If the two heirs of one man be the son of his own body and a son of his wife by a kinsman, the former of whom was begotten after his recovery from an illness thought incurable^ each of the sons, exclusively of the other, shall succeed to the whole estate of his natural father.
163. ^ The son of his own body is the sole heir to
' his
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COMMERCIAL AND' SERVILE CLASSES. 313
* his estate, but, that aD evil may be removed, let chap. ^ hivi allow a maiiitenaBce to the rest ; ix.
164. * And, when the son of the body has taken
* an account of the paternal inheritance, let him ^ve
* a sixth part of it to the son of the wife begotten ' by a kinsman, before his fkther^s recovery; or a ^ fifth part, if that son be eminently virtuotis.
165. * The son of the body, and the son of the wife, ^ may succeed immediately to the paternal estate in the ^ manner just mentioned; but th6 ten other sons can ^ only succeed in ordw to the family duties and to ^ their share of the inheritance, those last named being ^ eonduded h^ 4my one of the preceding.
166. ^ Him, whom a man has begotten on his own ^ wedded wife, let him know to be the first in rank, ^ as the son of his body.
167. ^ He, who was begotten, according to law, on
* the wife of a man deceased, or impotent, or dis- ^ ordered, after due authority given to her, is called ^ the lawful son of the wife.
168. ^ He, whom his father, or mother with her ' htisband's assent^ gives to another as his son, pro-
* vided that the donee have no issue, if the boy be ' of the same class and affectionately disposed, is ' considered as a soi» given, Me gift being confirmed ^ by pouring water.
169. ^ He is considered as a son made or adopted^ ^ whom a man takes as his own son, the boy being
2 s ^ equal
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314 ON THE SAME; AND ON THE
CHAP. ^ equal in class^ endued with filial virtues^ acquainted