Читать книгу The Art of War - Book Set - Carl von Clausewitz - Страница 129

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GOATS shall be the special shares of the eldest of sons, born of the same mother, among, Bráhmans; horses among Kshatriyas; cows among Vaisyas; and sheep among Súdras. The blind of the same animals shall be the special shares to the middle-most sons; species of variegated colour of the same animals shall be the special shares to the youngest of sons. In the absence of quadruped, the eldest shall take an additional share of the whole property excepting precious stones; for by this act alone, he will be bound in his duty to his ancestors.

The above method is in accordance with the rules observed among the followers of Usanas.

The father being dead, his carriage and jewellery shall be the special share to the eldest; his bed, seat, and bronze plate in which he used to take his meals (bhuktakámsyam), to the middle-most;. and black grains, iron, domestic utensils, cows and cart to the youngest. The rest of the property, or the above things, too, may be equally divided among themselves. Sisters shall have no claim to inheritance; they shall have the bronze plate and jewellery of their mother after her death. An impotent eldest son shall have only 1/3rd of the special share usually given to the eldest; if the eldest son follows a condemnable occupation or if he has given up the observance of religious duties, he shall have only ¼ of the special share; if he is unrestrained in his actions he shall have nothing.

The same rule shall hold good with the middlemost and youngest sons; of these two, one who is endowed with manliness (mánushopetah), shall have half the special share usually given to the eldest.

With regard to sons of many wives:--

Of sons of two wives of whom only one woman has gone through all the necessary religious ceremonials, or both of whom have not, as maidens, observed necessary religious rites, or one of whom has brought forth twins, it is by birth that primogenitureship is decided.

Shares in inheritance for such sons as Súta, Mágadha, Vrátya and Rathakára shall depend on the abundance of paternal property; the rest, i.e., sons other than Súta, etc., of inferior birth, shall be dependent on the eldest for their subsistence. Dependent sons shall have equal divisions.

Of sons begotten by a Bráhman in the four castes, the son of a Bráhman woman shall take four shares; the son of a Kshatriya woman three shares; the son of a Vaisya woman two shares, and the son of a Súdra woman one share.

The same rule shall hold good in the case of Kshatriya and Vaisya fathers begetting sons in three or two castes in order.

An Anantara son of a Bráhman, i.e. a son begotten by a Bráhman on a woman of next lower caste, shall, if endowed with manly or superior qualities (mánushopetah), take an equal share (with other sons of inferior qualities); similarly Anantara sons of Kshatriya or Vaisya fathers shall if endowed with manly or superior qualities, take half or equal shares (with others). An only son to two mothers of different castes shall take possession of the whole property and maintain the relatives of his father. A Palrasava son begotten by a Bráhman on a Súdra woman, shall take 1/3rd share; a sapinda, (an agnate) or a kulya (the nearest cognate), of the Bráhman shall take the remaining two shares, being thereby obliged to offer funeral libation; in the absence of agnates or cognates, the deceased father's teacher or student shall take the two shares.

 Or on the wife of such a Bráhman shall a sagotra, relative bearing the same family name, or a (mátribandha) relative of his mother, beget a natural son (kshetraja), and this son may take that wealth.

[Thus ends Chapter VI, "Special Shares of Inheritance" in the section of "Division of inheritance” in Book III, “Concerning law” of the Arthasástra of Kautilya. End of the sixty-third chapter from the beginning.]