13.047
rikthavibhāgaḥ
Division of inheritance
yudhiṣṭhira uvāca॥
Yudhishthira said.
sarvaśāstravidhānajña rājadharmārthavittam। atīva saṃśayacchettā bhavānvai prathitaḥ kṣitau ॥13-47-1॥
You are renowned on earth as the knower of all scriptural ordinances, the one who knows the king's duty and purpose, and as one who exceedingly removes doubts. (13-47-1)
kaścittu saṁśayo me'sti tanme brūhi pitāmaha। asyām āpadi kaṣṭāyām anyaṁ pṛcchāma kaṁ vayam ॥13-47-2॥
But I have a certain doubt; please tell me that, O grandsire. In this difficult calamity, whom else shall we ask? (13-47-2)
yathā nareṇa kartavyaṃ yaś ca dharmaḥ sanātanaḥ। etat sarvaṃ mahābāho bhavān vyākhyātum arhati ॥13-47-3॥
O mighty-armed one, you ought to explain all this: what should be done by a man, and which righteousness is eternal. (13-47-3)
catasro vihitā bhāryā brāhmaṇasya pitāmaha. brāhmaṇī kṣatriyā vaiśyā śūdrā ca ratim icchataḥ ॥13-47-4॥
O grandfather, four wives are prescribed for a brāhmaṇa: a brāhmaṇa woman, a kṣatriya woman, a vaiśya woman, and a śūdra woman, for one who desires pleasure. (13-47-4)
tatra jāteṣu putreṣu sarvāsāṃ kurusattama। ānupūrvyeṇa kas teṣāṃ pitryaṃ dāyādyam arhati ॥13-47-5॥
O best of the Kurus, among all the sons born there, who, according to the order of succession, deserves the paternal inheritance? (13-47-5)
kena vā kiṁ tato hāryaṁ pitṛvittātpitāmaha। etadicchāmi kathitaṁ vibhāgasteṣu yaḥ smṛtaḥ ॥13-47-6॥
O grandfather, by whom and what may be taken from the father's wealth? I wish to hear this: what division among them is prescribed. (13-47-6)
bhīṣma uvāca॥
Bhishma said.
brāhmaṇaḥ kṣatriyo vaiśyas trayo varṇā dvijātayaḥ। eteṣu vihito dharmo brāhmaṇasya yudhiṣṭhira ॥13-47-7॥
O Yudhiṣṭhira, the brāhmaṇa, kṣatriya, and vaiśya are the three twice-born classes; among these, the prescribed duty is that of the brāhmaṇa. (13-47-7)
vaiṣamyād atha vā lobhāt kāmād vā api parantapa। brāhmaṇasya bhavet śūdrā na tu dṛṣṭāntataḥ smṛtā ॥13-47-8॥
O Parantapa, due to inequality, or greed, or desire, or even otherwise, a Brāhmaṇa's daughter may become a Śūdrā; but she is not considered so according to precedent. (13-47-8)
śūdrāṃ śayanam āropya brāhmaṇaḥ pīḍito bhavet. prāyaścittīyate cāpi vidhidṛṣṭena hetunā ॥13-47-9॥
If a Brāhmaṇa places a Śūdra woman on his bed, he becomes afflicted; atonement must be performed according to the prescribed rule for this reason. (13-47-9)
tatra jāteṣvapatyeṣu dviguṇaṃ syādyudhiṣṭhira. ataste niyamaṃ vitte sampravakṣyāmi bhārata ॥13-47-10॥
In that case, among children who are born, the share should be double, O Yudhiṣṭhira. Therefore, O descendant of Bharata, I will now explain to you the rule regarding wealth. (13-47-10)
lakṣaṇyo govṛṣo yānaṃ yatpradhānatamaṃ bhavet। brāhmaṇyās taddharet putra ekāṃśaṃ vai pitur dhanāt ॥13-47-11॥
The son born of the Brāhmaṇa wife should take as his share from the father's wealth a distinguished bull as a vehicle, which is the most excellent, and one portion. (13-47-11)
śeṣaṃ tu daśadhā kāryaṃ brāhmaṇasvaṃ yudhiṣṭhira। tatra tenaiva hartavyāś catvāro'ṃśāḥ pitur dhanāt ॥13-47-12॥
O Yudhishthira, the remainder should be divided into ten parts as the Brahmin's share. Of these, four parts should be taken by him alone from the father's wealth. (13-47-12)
kṣatriyāyāstu yaḥ putro brāhmaṇaḥ so'pyasaṁśayaḥ। sa tu mātṛ-viśeṣeṇa trīn aṁśān hartum arhati ॥13-47-13॥
But the son who is a brāhmaṇa born of a kṣatriya woman, he too, without doubt, is entitled to take three shares by virtue of his mother's status. (13-47-13)
varṇe tṛtīye jātastu vaiśyāyāṃ brāhmaṇādapi। dvir aṃśas tena hartavyo brāhmaṇasvādyudhiṣṭhira ॥13-47-14॥
O Yudhiṣṭhira, one born in the third caste, that is, from a Brāhmaṇa father and a Vaiśyā mother, should take two shares from the Brāhmaṇa's wealth. (13-47-14)
śūdrāyāṃ brāhmaṇāj jāto nityādeyadhanaḥ smṛtaḥ। alpaṃ vāpi pradātavyaṃ śūdrāputrāya bhārata ॥13-47-15॥
O Bhārata, the son born from a Brāhmaṇa and a Śūdra woman is always considered as one to whom wealth should not be given. Even a little should be given to the son of a Śūdra woman. (13-47-15)
daśadhā pravibhaktasya dhanasya eṣa bhavet kramaḥ। savarṇāsu tu jātānāṃ samān bhāgān prakalpayet ॥13-47-16॥
This is the order for wealth divided in ten ways. Among those born of the same caste, equal shares should be allotted. (13-47-16)
abrāhmaṇaṃ tu manyante śūdrāputramanaipuṇāt। triṣu varṇeṣu jāto hi brāhmaṇādbrāhmaṇo bhavet ॥13-47-17॥
But they consider the son of a śūdra, due to lack of skill, as not a brāhmaṇa. Indeed, among the three castes, one born from a brāhmaṇa may become a brāhmaṇa. (13-47-17)
smṛtā varṇāś ca catvāraḥ pañcamo nādhigamyate। haret tu daśamaṃ bhāgaṃ śūdrāputraḥ pitur dhanāt ॥13-47-18॥
It is remembered that there are four classes; a fifth is not recognized. But the son of a śūdra should take a tenth portion from the father's wealth. (13-47-18)
tattu dattaṃ haretpitrā nādattaṃ hartumarhati। avaśyaṃ hi dhanaṃ deyaṃ śūdrāputrāya bhārata ॥13-47-19॥
But what has been given, the father may reclaim; what has not been given, he is not entitled to take. Certainly, wealth must be given to the son of a śūdra woman, O Bhārata. (13-47-19)
ānṛśaṁsyaṁ paro dharma iti tasmai pradīyate। yatra tatra samutpanno guṇāyaivopakalpate ॥13-47-20॥
Non-cruelty is said to be the highest duty; to him it is given. Wherever it arises, it is indeed suited for virtue. (13-47-20)
yadi vāpy ekaputraḥ syād aputro yadi vā bhavet। nādhikaṃ daśamād dadyāc chūdrāputrāya bhārata ॥13-47-21॥
If there is only one son, or if there is no son, then, O Bhārata, not more than a tenth should be given to the son of a śūdra woman. (13-47-21)
traivārṣikādyadā bhaktāddhikaṃ syāddvijasya tu। yajeta tena dravyeṇa na vṛthā sādhayed dhanam ॥13-47-22॥
When a twice-born has more than the share from the triennial sacrifice, he should use that wealth for sacrifice; he should not accumulate wealth in vain. (13-47-22)
trisāhasraparo dāyaḥ striyo deyo dhanasya vai। tacca bhartrā dhanaṃ dattaṃ nādattaṃ bhoktum arhati ॥13-47-23॥
A share of wealth exceeding three thousand should indeed be given to women; and the wealth given by the husband is not to be taken back for enjoyment. (13-47-23)
strīṇāṃ tu patidāyādyamupabhogaphalaṃ smṛtam। nāpahāraṃ striyaḥ kuryuḥ pativittātkathaṃcana ॥13-47-24॥
But for women, the husband's inheritance is considered as the fruit of enjoyment; women should not in any way take away from the husband's wealth. (13-47-24)
striyāstu yadbhavedvittaṁ pitrā dattaṁ yudhiṣṭhira। brāhmaṇyāstad dharet kanyā yathā putras tathā hi sā ॥ sā hi putrasamā rājan vihitā kurunandana ॥13-47-25॥
O Yudhishthira, whatever wealth is given by the father to women, the daughter of a Brahmin woman should take that, just as a son would, for she is indeed like a son. O king, she is established as equal to a son, O delight of the Kurus. (13-47-25)
evam etat samuddiṣṭaṃ dharmeṣu bharatarṣabha। etad dharmam anusmṛtya na vṛthā sādhayed dhanam ॥13-47-26॥
Thus, O best of the Bharatas, this has been fully explained among the dharmas. Remembering this dharma, one should not pursue wealth in vain. (13-47-26)
yudhiṣṭhira uvāca॥
Yudhiṣṭhira said.
śūdrāyāṃ brāhmaṇāj jāto yady adeya-dhanaḥ smṛtaḥ। kena prati-viśeṣeṇa daśamo'py asya dīyate ॥13-47-27॥
If one born from a Brāhmaṇa and a Śūdra woman is considered not eligible to receive wealth, by what particular distinction is even the tenth part given to him? (13-47-27)
brāhmaṇyāṃ brāhmaṇāj jāto brāhmaṇaḥ syān na saṃśayaḥ। kṣatriyāyāṃ tathaiva syād vaiśyāyām api caiva hi ॥13-47-28॥
A son born from a brāhmaṇa father and a brāhmaṇa mother is certainly a brāhmaṇa, without doubt. Likewise, if born from a kṣatriya or vaiśya woman, it is also so. (13-47-28)
kasmātte viṣamaṃ bhāgaṃ bhajerannṛpasattama। yadā sarve trayo varṇāstvayoktā brāhmaṇā iti ॥13-47-29॥
O best of kings, for what reason would they give you an unequal share, when all three classes have been declared by you as Brāhmaṇas in this way? (13-47-29)
bhīṣma uvāca॥
Bhīṣma said.
dārā ity ucyate loke nāmnāikena parantapa। proktena caikanāmnāyaṃ viśeṣaḥ sumahān bhavet ॥13-47-30॥
O Parantapa, in the world, the wife is called by a single name; by what is stated and by a single name, this distinction becomes very great. (13-47-30)
tisraḥ kṛtvā puro bhāryāḥ paścād vindeta brāhmaṇīm. sā jyeṣṭhā sā ca pūjyā syāt sā ca tābhyo garīyasī ॥13-47-31॥
After marrying three wives first, one should then marry a Brāhmaṇa wife. She is the eldest, worthy of honor, and greater than the others. (13-47-31)
snānaṃ prasādhanaṃ bhartur dantadhāvanam añjanam। havyaṃ kavyaṃ ca yat ca anyat dharmayuktaṃ bhavet gṛhe ॥13-47-32॥
Bathing, adornment, the husband's teeth-cleaning, collyrium, offerings to gods and ancestors, and any other acts that are in accordance with dharma should be present in the house. (13-47-32)
na tasyāṃ jātu tiṣṭhantyām anyā tat kartum arhati। brāhmaṇī tu eva tat kuryād brāhmaṇasya yudhiṣṭhira ॥13-47-33॥
O Yudhiṣṭhira, as long as she exists, no other woman is ever worthy to perform that act; only the wife of the brāhmaṇa herself should do that for the brāhmaṇa. (13-47-33)
annaṃ pānaṃ ca mālyaṃ ca vāsāṃsyābharaṇāni ca। brāhmaṇyai tāni deyāni bhartuḥ sā hi garīyasī ॥13-47-34॥
Food, drink, garlands, garments, and ornaments should be given to the brāhmaṇa wife; for she is indeed more venerable than the husband. (13-47-34)
manunābhihitaṃ śāstraṃ yaccāpi kurunandana। tatrāpyeṣa mahārāja dṛṣṭo dharmaḥ sanātanaḥ ॥13-47-35॥
O delight of the Kurus, the treatise declared by Manu and whatever else (is declared), there too, O great king, this eternal dharma is found. (13-47-35)
atha ced anyathā kuryād yadi kāmād yudhiṣṭhira। yathā brāhmaṇa-caṇḍālaḥ pūrva-dṛṣṭas tathaiva saḥ ॥13-47-36॥
Now, if he acts otherwise out of desire, O Yudhiṣṭhira, then he will be just like the brāhmaṇa-caṇḍāla seen before, in the same way. (13-47-36)
brāhmaṇyāḥ sadṛśaḥ putraḥ kṣatriyāyāś ca yo bhavet। rājan viśeṣo nāsty atra varṇayoḥ ubhayoḥ api ॥13-47-37॥
O king, a son who is similar, whether born of a brāhmaṇa woman or a kṣatriya woman, there is no distinction here between the two castes, even for both. (13-47-37)
na tu jātyā samā loke brāhmaṇyāḥ kṣatriyā bhavet। brāhmaṇyāḥ prathamaḥ putro bhūyān syād rājasattama॥ bhūyo'pi bhūyasā hāryaṃ pitṛvittād yudhiṣṭhira ॥13-47-38॥
But in this world, the sons born of a Brāhmaṇa woman and a Kṣatriya woman are not equal by birth. The first son of a Brāhmaṇa woman may be greater, O best of kings. Again, the greater one should take the father's wealth, O Yudhiṣṭhira. (13-47-38)
yathā na sadṛśī jātu brāhmaṇyāḥ kṣatriyā bhavet। kṣatriyāyās tathā vaiśyā na jātu sadṛśī bhavet ॥13-47-39॥
Just as a kṣatriya woman can never be similar to a brāhmaṇa woman, so too a vaiśya woman can never be similar to a kṣatriya woman. (13-47-39)
śrīś ca rājyaṃ ca kośaś ca kṣatriyāṇāṃ yudhiṣṭhira। vihitaṃ dṛśyate rājan sāgarāntā ca medinī ॥13-47-40॥
O Yudhiṣṭhira, prosperity, kingdom, and treasury of the kṣatriyas are seen to be established, O king, and the earth bounded by the ocean. (13-47-40)
kṣatriyo hi svadharmeṇa śriyaṃ prāpnoti bhūyasīm। rājā daṇḍadharo rājan rakṣā nānyatra kṣatriyāt ॥13-47-41॥
A warrior, by following his own duty, truly attains greater prosperity. O king, the king who wields the rod, protection comes from nowhere else but the warrior. (13-47-41)
brāhmaṇā hi mahābhāgā devānām api devatāḥ। teṣu rājā pravarteta pūjayā vidhipūrvakam ॥13-47-42॥
Brāhmaṇas are indeed greatly fortunate, and even among the gods they are considered divinities; the king should engage in their worship according to proper rules. (13-47-42)
praṇītam ṛṣibhir jñātvā dharmaṃ śāśvatam avyayam। lupyamānāḥ svadharmeṇa kṣatriyo rakṣati prajāḥ ॥13-47-43॥
Having understood the eternal and imperishable dharma prescribed by the sages, the kṣatriya protects the people by his own dharma when they are being threatened. (13-47-43)
dasyubhir hriyamāṇaṃ ca dhanaṃ dārāś ca sarvaśaḥ। sarveṣām eva varṇānāṃ trātā bhavati pārthivaḥ ॥13-47-44॥
When wealth and wives are being taken away entirely by robbers, the king becomes the protector of all castes. (13-47-44)
bhūyān syāt kṣatriya-putro vaiśya-putrān na saṁśayaḥ। bhūyas tenāpi hartavyaṁ pitṛ-vittāt yudhiṣṭhira ॥13-47-45॥
O Yudhishthira, there is no doubt that the son of a kṣatriya is greater than the sons of a vaiśya; he too should take a greater share from the father's wealth. (13-47-45)
yudhiṣṭhira uvāca॥
Yudhiṣṭhira said.
uktaṃ te vidhivad rājan brāhmaṇasve pitāmaha। itareṣāṃ tu varṇānāṃ kathaṃ viniyamo bhavet ॥13-47-46॥
"O grandsire, O king, the rules regarding the Brāhmaṇas have been spoken to you according to proper procedure. But how is the regulation for the other castes?" (13-47-46)
bhīṣma uvāca॥
Bhishma said.
kṣatriyasyāpi bhārye dve vihite kurunandana. tṛtīyā ca bhavec chūdrā na tu dṛṣṭāntataḥ smṛtā ॥13-47-47॥
For a kṣatriya too, two wives are prescribed, O Kurunandana. A third may be a śūdra woman, but she is not considered according to precedent. (13-47-47)
eṣa eva kramo hi syāt kṣatriyāṇāṃ yudhiṣṭhira। aṣṭadhā tu bhavet kāryaṃ kṣatriyasvaṃ yudhiṣṭhira ॥13-47-48॥
O Yudhiṣṭhira, this indeed should be the order for the kṣatriyas. The duty of kṣatriya-hood should be eightfold, O Yudhiṣṭhira. (13-47-48)
kṣatriyāyā haret putraś caturon'śān pitur dhanāt। yuddhāvahārikaṃ yac ca pituḥ syāt sa haret ca tat ॥13-47-49॥
The son of a kṣatriya woman should take four shares from his father's wealth, and he should also take whatever of his father's property was earned in battle. (13-47-49)
vaiśyāputras tu bhāgāṁs trīn śūdrāputras tathāṣṭamam। so'pi dattaṁ haret pitrā nādattaṁ hartum arhati ॥13-47-50॥
The son of a Vaiśya receives three shares, and the son of a Śūdra receives the eighth share. He too may take what is given by the father, but is not entitled to take what is not given. (13-47-50)
ekaiva hi bhavedbhāryā vaiśyasya kurunandana। dvitīyā vā bhavecchūdrā na tu dṛṣṭāntataḥ smṛtā ॥13-47-51॥
O Kurunandana, a Vaiśya should have only one wife. Alternatively, a second may be a Śūdra woman, but this is not considered according to precedent. (13-47-51)
vaiśyasya vartamānasya vaiśyāyāṃ bharatarṣabha। śūdrāyāṃ caiva kaunteya tayorviniyamaḥ smṛtaḥ ॥13-47-52॥
O bull among the Bharatas, for a Vaiśya man with a Vaiśyā wife, and for a Vaiśya with a Śūdrā wife, O son of Kuntī, the regulation regarding the two is remembered. (13-47-52)
pañcadhā tu bhavet kāryaṃ vaiśyasvaṃ bharatarṣabha। tayorapatye vakṣyāmi vibhāgaṃ ca janādhipa ॥13-47-53॥
O bull among the Bharatas, the property of a Vaiśya should be divided in five ways. O lord of the people, I shall now state the division of that property in the case of their offspring. (13-47-53)
vaiśyāputreṇa hartavyāś catvāro 'ṃśāḥ pitur dhanāt। pañcamas tu bhaved bhāgaḥ śūdrāputrāya bhārata ॥13-47-54॥
O Bhārata, the son of a Vaiśya should take four parts from the father's wealth, but the fifth share should go to the son of a Śūdra. (13-47-54)
so'pi dattaṃ haret pitrā nādattaṃ hartum arhati। tribhir varṇais tathā jātaḥ śūdro deyadhano bhavet ॥13-47-55॥
He too may take what has been given by the father, but he is not entitled to take what has not been given. Thus, a śūdra born from the three castes should be one whose wealth is to be given. (13-47-55)
śūdrasya syātsavarṇaiva bhāryā nānyā kathañcana। śūdrasya samabhāgaḥ syādyadi putraśataṃ bhavet ॥13-47-56॥
A Śūdra should have only a wife of his own caste, never another under any circumstance. If a Śūdra has a hundred sons, they should all receive equal shares. (13-47-56)
jātānāṃ samavarṇāsu putrāṇām aviśeṣataḥ। sarveṣām eva varṇānāṃ samabhāgo dhane smṛtaḥ ॥13-47-57॥
Among sons born of the same caste, without any distinction, all castes are considered to have an equal share in wealth. (13-47-57)
jyeṣṭhasya bhāgo jyeṣṭhaḥ syādekāṃśo yaḥ pradhānataḥ। eṣa dāyavidhiḥ pārtha pūrvamuktaḥ svayambhuvā ॥13-47-58॥
O Pārtha, the share of the eldest should be the principal one part; this rule of inheritance was previously stated by the Self-born. (13-47-58)
samavarṇāsu jātānāṃ viśeṣo'styaparo nṛpa। vivāhavaiśeṣyakṛtaḥ pūrvaḥ pūrvo viśiṣyate ॥13-47-59॥
O king, among those born in the same varṇas, there is another distinction; due to the specialty of marriage, the earlier is considered superior to the later. (13-47-59)
harej-jyeṣṭhaḥ pradhānāṃśam ekaṃ tulyāsuteṣv api। madhyamo madhyamaṃ caiva kanīyāṃs tu kanīyasam ॥13-47-60॥
Even among sons who are equal, the eldest should take the principal share, the middle son the middle share, and the youngest the smallest share. (13-47-60)
evaṃ jātiṣu sarvāsu savarṇāḥ śreṣṭhatāṃ gatāḥ। maharṣir api caitad vai mārīcaḥ kāśyapo 'bravīt ॥13-47-61॥
Thus, among all births, those of the same class have attained excellence. The great sage Mārīca Kāśyapa also declared this. (13-47-61)