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give a nuptial present to her father; since the father lost his dominion over her, by detaining her at a time, when she might have been a parent.
94. A man, aged thirty years, may marry a girl of twelve, if he find one dear to his heart; or a man of twenty-four years, a damsel of eight: but, if he finish his studentship earlier, and the duties of his next order would otherwise be impeded, let him marry immediately.
95. A wife, given by the gods, who are named in the bridal texts, let the husband receive and support constantly,
if she be virtuous, though he married her not from inclina· tion : such conduct will please the gods.
96. To be mothers, were women created ; and to be fathers, men; religious rites, therefore, are ordained in the Véda to be performed by the husband together with the wife.
97. IF a nuptial gratuity has actually been given to a damsel, and he, who gave it, should die before marriage, the damsel shall be married to his brother, if she consent;
98. But even a man of the servile class ought not to receive a gratuity, when he gives his daughter in marriage; since a father, who takes a fee on that occasion, tacitly sells his daughter.
99. Neither ancients nor moderns, who were good men, have ever given a damsel in marriage, after she had been promised to another man ;
100. Nor, even in former creations, have we heard the virtuous approve the tacit sale of a daughter for a price, under the name of a nuptial gratuity.
101. “Let mutual fidelity continue to death :" this, in few words, may be considered as the supreme law between husband and wife.
102. Let a man and woman, united by marriage, constantly beware, lest, at any time disunited, they violate their mutual fidelity.
103. Thus has been declared to you the law, abounding in the purest affection, for the conduct of man and wife ; together with the practice of raising up offspring to a husband of the servile class on failure of issue by him begotten : learn now the law of inheritance.
104. AFTER the death of the father and the mother, the brothers being assembled, may divide among themselves the paternal and maternal estate ; but they have no power over it, while their parents live, unless the father chuse to distribute it.
105. The eldest brother may take entire possession of the patrimony; and the others may live under him, as they lived under their father, unless they chuse to be separated.
106. By the eldest, at the moment of his birth, the father, having begotten a son, discharges his debt to his own progenitors; the eldest son, therefore, ought before partition to manage the whole patrimony:
107. That son alone, by whose birth he discharges his debt, and through whom he attains immortality, was begotten from a sense of duty: all the rest are considered by the wise as begotten from love of pleasure.
108. Let the father alone support his sons; and the firstborn, his younger brothers; and let them behave to the eldest, according to law, as children should behave to their father. *
109. The first-born, if virtuous, exalts the family, or, if vitious, destroys it: the first-born is in this world the most respectable; and the good never treat him with disdain.
110. If an elder brother act, as an elder brother ought, he is to be revered as a mother, as a father; and, even if he have not the behaviour of a good elder brother, he should be respected as a maternal uncle, or other kinsman.
111. Either let them thus live together, or, if they desire separately to perform religious rites, let them live apart; since religious duties are multiplied in separate houses, their separation is, therefore, legal and even laudable.
112. The portion deducted for the eldest is a twentieth part of the heritage, with the best of all the chattels; for the middlemost, half of that, or a fortieth ; for the youngest, a quarter of it, or an eightieth.
* I am supported by Mr. Colebrooke's authority in reading the first hemistich of this verse, “As a father should support his sons, so let the first-born support his younger brothers,” &c. Mr. Colebrooke thinks that Sir William Jones must have read pitaiva instead of pitéva.
113. The eldest and youngest respectively take their just mentioned portions; and, if there be more than one between them, each of the intermediate sons has the mean portion, or the fortieth.
114. Of all the goods collected let the first-born, if he be transcendently learned and virtuous, take the best article, whatever is most excellent in its kind, and the best of ten cows or the like :
115. But among brothers equally skilled in performing their several duties, there is no deduction of the best in ten, or the most excellent chattel ; though some trifle, as a mark of greater veneration, should be given to the firstborn.
116. If a deduction be thus made, let equal shares of the residue be ascertained and received ; but, if there be no deduction, the shares must be distributed in this manner :
117. Let the eldest have a double share, and the nextborn, a share and a half, if they clearly surpass the rest in virtue and learning; the younger sons must have each a share : if all be equal in good qualities, they must all take share and share alike.
118. To the unmarried daughters by the same mother, let their brothers give portions out of their own allotments respectively, according to the classes of their several mothers: let each give a fourth part of his own distinct share; and they, who refuse to give it, shall be degraded.
119. Let them never divide the value of a single goat or sheep, or a single beast with uncloven hoofs: a single goat or sheep remaining after an equal distribution, belongs to the first-born.
120. Should a younger brother in the manner before mentioned, have begotten a son on the wife of his deceased elder brother, the division must then be made equally between that son, who represents the deceased, and his natural father : thus is the law settled.
121. The representative is not so far wholly substituted by law in the place of the deceased principal, as to have the portion of an elder son ; and the principal became a father in consequence of the procreation by his younger brother ; the son, therefore, is entitled by law to an equal share, but not to a double portion.
122. A younger son being born of a first married wife, after an elder son had been born of a wife last married, but of a lower class, it may be a doubt in that case, how the division shall be made :
123. Let the son, born of the elder wife, take one most excellent bull deducted from the inheritance; the next excellent bulls are for those, who were born first, but are inferiour on account of their mothers, who were married last.
124. A son, indeed, who was first born, and brought forth by the wife first married, may take, if learned and virtuous, one bull and fifteen cows; and the other sons may then take, each in right of his several mother : such is the fixed rule.
125. As between sons, born of wives equal in their class and without any other distinction, there can be no seniority in right of the mother; but the seniority ordained by law, is according to the birth.
126. The right of invoking INDRA by the texts, called swabrahmanyá, depends on actual priority of birth ; and of twins also, if any such be conceived among different wives, the eldest is he, who was first actually born.
127. HE, who has no son, may appoint his daughter in this manner to raise up a son for him, saying : " the male child, who shall be born from her in wedlock, shall be mine for the purpose of performing my obsequies.”
128. In this manner DACSHA himself, lord of created beings, anciently appointed all his fifty daughters to raise up sons to him for the sake of multiplying his race :
129. He gave ten to DHERMA, thirteen to CASYAPA, twenty seven to Sóma, king of Bráhmens and medical plants, after doing honour to them with an affectionate heart.
130. TAE son of a man is even as himself; and as the son, such is the daughter thus appointed : how then, if he have no son, can any inherit his property, but a daughter, who is closely united with his own soul ?
131. Property, given to the mother on her marriage, is inherited by her unmarried daughter; and the son of a daughter, appointed in the manner just mentioned, shall inherit the whole estate of her father, who leaves no son by himself begotten :
132. The son, however, of such a daughter, who succeeds to all the wealth of her father dying without a son, must offer two funeral cakes, one to his 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 born, 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 without a son, the husband of that daughter may, without 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 funeral 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 (tráyaté) delivers his father from the hell named put, he was, therefore, called puttra by BRAHMA' himself:
139. Now between the sons of his son and of his daughter thus appointed, there subsists in this world no difference; for even the son of such a daughter delivers him in the next, like the son of his son.
140. Let the son of such a daughter offer the first funeral cake to his mother; the second to her father; the third, to her paternal grandfather.
141. Of the man, to whom a son has been given, accord