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CHAP.
IX.

' out 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

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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 with

out a son, the husband of that daughter may, with

out 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.

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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

139. Now between the sons of his son and of his CHAP. daughter thus appointed, there subsists in this world

IX.

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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.

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141. Or the man, to whom a son has been given, according to a subsequent law, adorned with every virtue, that son shall take a fifth or sixth part of the heritage, though brought from a different family.

142. A given son must never claim the family and 'estate of his natural father: the funeral cake follows the family and estate; but of him, who has given away his son, the funeral oblation is extinct.

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143. THE Son of a wife, not authorized to have issue by another, and the son begotten, by the brother of the husband, on a wife, who has a son then living, are both unworthy of the heritage; one being the child of an adulterer, and the other pro'duced through mere lust.

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144. Even the son of a wife duly authorized, not begotten according to the law already propounded, is unworthy of the paternal estate; for he was procreated by an outcast :

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145. But the son legally begotten on a wife, au'thorized for the purpose before mentioned, may inherit in all respects, if he be virtuous and learned, as

' a son

IX.

CHAP. a son begotten by the husband; since in that case 'the seed and the produce belong of right to the owner of the field.

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146. He, who keeps the fixed and moveable estate of his deceased brother, maintains the widow, and raises up a son to that brother, must give to that 6 son, at the age of fifteen, the whole of his brother's divided property.

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147. Should a wife, even though legally autho'rized, produce a son by the brother, or any other sapinda, of her husband, that son, if begotten with amorous embraces, and tokens of impure desire, the sages proclaim base-born and incapable of inheriting. 148. THIS law, which has preceded, must be understood of a distribution among sons begotten on 6 women of the same class: hear now the law concerning sons by several women of different classes.

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149. If there be four wives of a Bráhmen in the direct order of the classes, and sons are produced by them all, this is the rule of partition among 'them:

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150. The chief servant in husbandry, the bull kept for impregnating cows, the riding-horse or carriage, the ring and other ornaments, and the principal messuage, shall be deducted from the inheritance and given to the Bráhmen-son, together with a larger share by way of pre-eminence.

151. Let the Bráhmen take three shares of the ' residue ;

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residue; the son of the Cshatriyà-wife, two shares ; 'the son of the Vaisyà-wife, a share and a half; and 'the son of the Súdrà-wife, may take one share.

152. Or, if no deduction be made, let some per

son learned in the law divide the whole collected 'estate into ten parts, and make a legal distribution by this following rule:

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153. Let the son of the Bráhmanì take four parts; 'the son of the Cshatriyà three; let the son of the Vaisyd have two parts; let the son of the Súdrà 'take a single part, if he be virtuous.

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154. But whether the Bráhmen have sons, or have

no sons, by wives of the three first classes, no more 'than a tenth part must be given to the son of a Sú'drà.

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155. The son of a Bráhmen, a Cshatriya, or a Vaisya by a woman of the servile class, shall inherit no part of the estate, unless he be virtuous; nor jointly with other sons, unless his mother was lawfully married: whatever his father may give him, let that be his own.

156. All the sons of twice-born men, produced by ' wives of the same class, must divide the heritage equally, after the younger brothers have given the 'first-born his deducted allotment.

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157. For a Súdra 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.

CHAP.

IX.

158. OF

CHAP.

IX.

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158. Of the twelve sons of men, whom MENU, sprung from the Self-existent, has named, six are kinsmen and heirs; six, not heirs, except to their own fathers, but kinsmen.

159. The son begotten by a man himself in lawful wedlock, the son of his wife begotten in the manner before described, a son given to him, a son 'made or adopted, a son of concealed birth, or whose 'real father cannot be known, and a son rejected by 'his natural parents, are the six kinsmen and heirs :

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160. The son of a young woman unmarried, the son of a pregnant bride, a son bought, a son by a twice-married woman, a son self-given, and a son by a Súdrà, are the six kinsmen, but not heirs to collaterals.

161. Such advantage, as a man would gain, who "should attempt to pass deep water in a boat made of woven reeds, that father obtains, who passes the gloom of death, leaving only contemptible sons, who are the eleven, or at least the six, last mentioned.

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162. If the two heirs of one man be the son of ' his own body and a son of his wife by a kinsman, the former of whom was begotten after his recovery

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from an illness thought incurable, each of the sons, exclusively of the other, shall succeed to the whole

" estate of his natural father.

163. The son of his own body is the sole heir to

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