VYAVASTHA. DÄRTANA. 48s 198. Other particular rules () which have been betforth under the head ள் far. • *.* * '; .. o స్తో 蕊 تا ام. تی. - :“ - . . . . . ".. ;'};* محدٌ , ... 空 。·”...* : ۰ ر " .. • . - - tition among డి, músť bë observed in this case also: Coleb.“Dř. bhá′. p. 228. 3 *(i) “other particular rules'—That is, wealth acquired without tise of the joint stock, belongs to the acquirer. exclusively, and is not shared by the rest; but, in the ‘instance of the gains of science, such of the brethren as are equally or more learned participate; and in the case of the wealth acquired with the use of the joint stock, all partake. These and other special rules, getforth under the head of partition among brethren, must be observed also in the case of partition after re-union.* SríkrishNA’s Comment on the Dayabhaga, Sans, p. 228. ‘As to Vrihasparr's text:—"But if one of the re-united brethren acquire wealth by learning or valour, or the like, two shares of it must be given to him (on a second partition,) and the rest shall have each one share” it must be applicable to the same case in which J і мuтлwл намл and the rest, have ordained a double-share to be given, to the acquirer. (See ante, pp. 438–430) . ЈAd ANNA£hA, in interpreting this text, says: “But according to Jr. Mu'tav AHANA and others, the . acquirer shall have a double allotment, and the rest shall have each one share"of wealth any how ງູned with the supplies from the joint stock and so forth; if the learning were acquired after a maintenance provided out of the common stock, all the parceners shall have the shares ordained. for them, although the joint property were not employed during the nequisition of the wealth ; but even though the common funds of support be not used during the acquisition of science, nor during that of wealth, they who are equal or supirior in learning participate; if the money be earned without use of joint property,’ through agrecukure or the like by the labour of a body nourished on the joint funds of support, it nevertheless becomes the several property of the acquirer, as before explained” (Coleb. Dig. III. p. 551). One part of this is not however in conformity with their opinion; that is to say, they do not maintain that receipt of maintenance from the family is equivalent to the use of the common stock. So according to their opinion, wealth gained through learning acquired by receiving maintenance from the family is. mot divisible among the less learned or unlearned parceners. •
- These have been partly stated in another place by Jouravashasa himself, thus: “Morover the Éext of Koora rāsī (is similarly founded on reason.). “When brethren, separated in regard to the patrimoy, and subsquently living anew togethero (second) partition, he from whom an acquisition has proceeded, shall again take a double shareo.This is expounded by Shi'rafta as signifying that ‘a re-united poroeneßwho hatmade an acquisition with the use of the joint stock, shell have two shares; ong the resto apiece. Hence it appears so be the opinion both of the saint and commentator, that wealth, gainédo nose of the common funds, appertains exclusively to the acquirer, even in the instance of wre-shion of parteneri; and such wealth is not joint property." Coleh. Da: bha', p.114.
“Wyâçasthá
