VYA VASTHA'-]D ARPANA. 403 younger brothers, inasmuch as it is not ordained by any lawgiver that the eldest can realize it by having recourse to law in case it be not given amicably. “In low classes (the precedence of sons is regulated) by the goodness of their ii.ກ. Among twin, (the eldest is he) who is first actually born.”—DEVALA. “In low classes;’ vile tribes: by the term expressed in the plural number, mixed classes, which adopt the duties of the servile tribe are &mprehended (in the text.) Among these precedence of seniority is regulated by conduct and good disposition. Consequently priority of birth does not entitle the Shādra to deductions. Accordingly vaonasrat holds that Shadras have no additional portion in right of seniority of birth. MANU also says –“ For a SÅádra is ordained a wife of his own class, and no other : all produced by her shall have equal shares, though she have a hundred sons.” From the words ‘equal shares' he refers that no deduction shall be made in right of primogeniture. “of those sons, he who is endowed with science and good qualities is entitled to receive a greater portion.” H it be alleged that as this text VRIHASPATI has a import regarding deductions, why should not the Shūdras be entitled to deductions on account of good qualities 2 The reply is ; no, they cannot be, inasmuch as they cannot be endowed with such
qualities.* Consequently,–. . 116 Deduction is never allowed among the Shadras. This opinion of FA6HUNaNDANA is precise. See Dá. T. p. 66. In ages other than the Kali, unequal partition was made among the brothers according to the seniority of their mothers in respect of classes. But in the present (Kali) age, the heritable right of a son born of a mother of a different tribe (from that of the father) having become extinct in consequence of prohibition of marriage with a girl of a different tribe, that unequal dis. tribution is become wholly obsolete. 够 “If there be many from one, alike in number, and in class, but horn of rival mothers, partition must be made by them according to laws, by the allotment of shares to the mothers.” —Vaihaspati. “If there be many sons of one man, by different mothers, but equal in number, and alike by class, a distribution among the mothers, is approved.”–VYA'sa. The distribution if made i. e. in ser- - Vyavasthú according to these two texts cannot also be tantamount to unequal partition, inasmuch as partition is directed to be made if the number of the sons born of one mother of the same class be equal with that of the sons born of each of the (other) wives of their father: so that, after dividing the estate with
پی ۔ ت۔ ۔ ۔ ۔ایعہ مع= ہمعصحض--مع
- The qualities which entitle one to deducted allotmenty, are : knowledge of the Vedas, practice of the religious acts ordained by the Vedas, not deceiving a yosinger brother, and the like. (Commentary on the Dáyabhága, Sans. p. 80.) But the Shitdras are not squalified or allowed to study the Vedas. See Coleb. Dig.Tvol. II. pp, 57§, 579. - .
