Chapter 12
IX. ^ with the merit of performing obsequies to his adopter,
* and with the sin of omitting them.
170. ' In whose mansion soever a male child shall ' be brought forth by a married wofnan, whose husband
* has long beeii absent, if the real father cannot be ' discovered, but if it be probable that he. was of an ^ equal class, that child belongs id the lord of the ^ unfaithful wife, and is called a son of concealed ^ birth in his mansion.
171- ^ A boy, whom a man receives as his own ^ son, after he has been deserted without just cause
* by his parents, or by either of them, if one be
* dead, is called a son rejected.
172. ^ A son, whom the daughter of any man jM^i- ^ vately brings forth in the house of her father, if she
* afterwards marry her lover, is described as a son
* begotten on an unmarried girL
173. ^ If a pregnant young woman marry, whether ' her pregnancy be known or unknown, the male child ' in her womb belongs to the bridegroom, and 1$
* called a son received with his bride.
174. ^ He is called a son bought, whom a man,
* for the sake of having a son to perform his obse- ^ quies, purchases from his father and mother, whether ^ the boy be equal or unequal to himself in good ^ qualities, for in class all adopted sons must be
* equal.
175. ' He
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COMMERCIAL AND SERVILE CLASSES. 316
175. * He, whom a woman, either forsaken by her chap. lord or a widow, conceived by a second husband, ^^• whom she took by her own desire, though against
law J is called the son of a woman twice married:
176. ' If, on her second marriage^ she be still a virgin, or if she left her husband under the age of puberty and return to him at his full age, she must again perform the nuptial ceremony either with her second, or her young and deserted^ hus- band.
177. ' He, who has lost his parents, or been aban- doned by them without just cause, and offers him- self to a man as his son, is called a son self-given.
178. ^ A son, begotten through lust on a Sddrd by a man of the priestly class, is even as a corpse, though alive, and is thence called in law a living corpse :
179. * But a son, begotten by a man of the servile class on his female slave, or on the female slave of his male slave, may take a share of the heritage, if permitted by the other sons: thus is the law es- tablished.
180. ^ These eleven sons (the son of the wife, and the rest as enumerated) are allowed by wise legis- lators to be substitutes in order for sons of the body, for the sake of preventing a failure of obse- quies;
18L ^ Though such, as are called sons for that pur-
2 s 2 * pose.
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316 cm THE SAME ; AMD OK THE
CHAP. '^' * belong in truth to the father, from whose man- ' hood they severally sprang, and to no other, eweept ^ hy a just Jiction of law.
182. ^ If, among several brothers of the whole
* blood, one have a son bom. Menu pronounces them ' all fathers of a male child by means of that son; ^ so thcUy if such nephew would he the heir, the uncles
* have no power to adopt sons :
183. ' Thus if, among all the wives of the same ^ husband, one bring forth a male child. Menu has
* declared them all, by means of that son, to be ^ mothers of male issue.
184. * On failure of the best, and of the nejpt best,
* among those twelve sonSy let the inferiour in order
* take the heritage; but, if there be many of equal
* rank, let all be sharers of the estate.
185. * Not brothers, nor parents, but sons, if livhigy ' or their mate issue y are heirs to the deceased, but
* of him, who leaves no son, nor a wifcy nor a ' daughter y the father shall take the inheritance;
* and, if he leave neither father y nor mother y the bro-
* thers.
186. * To three ancestors must water be given at
* their obsequies; for three (the father y his father, ' and the paternal grandfather^ is the funeral cake
* ordained: the fourth in descent is the giver of ohla- ' tions to themy and their heiry if they die without
^ nearer
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I
COMIASKCIAL AND SERTILB CLASSES. 317
^ nearer de9cimdtmis; birt the fifth has no concern with chap.
* the gift of the funeral cake. ^^"
187. ^ To the nearest smpinday male or female y after
* him in the third degree, the inheritance next be- ' longs; then, on failure of sapindas and of their issue, ^ the samdnddacay or distant kinsman, shall be the ^ heir; or the spiritual preceptor, or the pupil, or the
* fellow^studeniy of the deceased : /
188. * On failure of all those, the lawful heirs are ^ such Brdhmensy as have read the three Vddas^ as ' are pure in body and mind, as have subdued their ^ passions; and they must consequently offer the cake: ^ thus the rites of obsequies cannot fail.
189. * The property of a Brdhmen shall never be
* taken a^ an escheat by the king; this is a fixed
* law: but the wealth of the other classes, on failure ^ of all heirs,, the king may take.
190. * If the widow of a man, who died without a ^ son,, raise up a so& to him by one of his kins-
* men, let her deliver to that son, at his full age, ^ the collected estate of the deceased, whatever it be.
191. ^ K two sons, begotten by two successive hus-
* handsj who are both dead, contend for their property, ' then in the hands of their mother, let each take, ^ exclusive of the other, his own father's estate.
192.^ On the dea:th of the mother, let all the ^ uterine brothers and the uterine sisters, if unmarrted, ^ equally divide the matenial estate : each married
* sister
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318 ON THE SAME; AND ON THE
CHAP. ^ sister shall have a fqurth part of a brother^ s aUot-
