13.047
Division of inheritance
Yudhishthira said.
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)
But I have a certain doubt; please tell me that, O grandsire. In this difficult calamity, whom else shall we ask? (13-47-2)
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)
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)
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)
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)
Bhishma said.
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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 said.
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)
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)
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 said.
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
When wealth and wives are being taken away entirely by robbers, the king becomes the protector of all castes. (13-47-44)
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 said.
"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)
Bhishma said.
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)
O Yudhiṣṭhira, this indeed should be the order for the kṣatriyas. The duty of kṣatriya-hood should be eightfold, O Yudhiṣṭhira. (13-47-48)
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)
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)
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)
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)
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)
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)
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)
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)
Among sons born of the same caste, without any distinction, all castes are considered to have an equal share in wealth. (13-47-57)
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)
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)
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)
Thus, among all births, those of the same class have attained excellence. The great sage Mārīca Kāśyapa also declared this. (13-47-61)
