VYAVA.STHA”-DARPAN A. 485
- Water’—That is, water contained in wells or tanks, which has all along belonged to the father and the rest, is not divisible like other property: but must be taken by each co-heir according to his exigency; for the text of VR111Aspati declares : ‘the water of wells and tanks must be drawn up and used by turns.” - - *
‘Furniture for repose or for meals'—Beds and vessels used for eating or sleeping (or drinking) on and similar purposes. - - - 劃 * Women’—other than female slaves; since the partition of a female slave is (thus) directed by VRIHAsPAT1--"A single female slave should be employed in labeur, in the houses of the several 曾 - مي - يتين co-heirs successively, &c.” SRíkitisiiNA’s commentary on the Dayabhaya, Sans. p. 145. II. A place of sacrifice (á), a field, a vehicle, dressed food, water and women, are not divisible among kinsmen, thongh (transmitted) for a thousand generations.—WYA's A. (á) “A place of sacrifice’–The spot, where sacrifices are performed; or else anı idol : not wealth obtained by sacrificing ; for that has been noticed as being the earning of science. 179 A path for cows, the carriage road, clothes or any thing worn on the boby, dwelling house, water-pots, ornaments, things not of general use, and channels for draining water are not divisible.” 1. A path for cows, a carriage road, clothes, and any thing which is worn on the body, should not be divided ; nor what is requisite for use (), or intended for arts : so VR in Aspati declares. (i) “Requisite for use.” What is fit for each person's use,as books and the like in the study of the Jodas, &e. that shall not be shared by ignorant brethryn. So what is adapted to the arts, belongs to the artists; not to persons ignorant of the particular art. g 180 Therefore, books must not be taken by the ignorant parceners; they belong to those of thein who are learned. But the ignorant parcener must recieve from the learned parcener some other article, equivalent to the share of the books, to which he is (otherwise) entitled, or else the value itself thereoff Da. Kra. Sang. p. 81.
- W. Dá. Kra. Sang. pp. 80, 81. Coleb. Dá bhá. pp. 132, 133. Coleb. Dig. vol. III. pp. 373--385.
t As books, &c.—That is, if there be other effects of equal value with the books, these shall be retained by the learned brethren; and other chattles shall be taken by the illiterate co-heirs, this must be inferred. Eise, if the hereditary property consist in books only, the illiterate heirs might be deprived of subsistence, if they had no right of participation.—Sar Kaishna's comment on the Dáyabhāga. Sans. p. 145. . . . . . . . . . . . . § - - * * * Authority vyavastha Authority Vyavastha*
