दायभागकथनम्The law of inheritance
Verse 108
सान्निध्यवर्तिनां ज्ञातिः सवर्णो वा विशिष्यते । तयोरभावे सुहृदो विक्रेत्रिच्छा गरीयसी ॥ १०८ ॥
sānnidhyavartināṁ jñātiḥ savarṇō vā viśiṣyatē | tayōrabhāvē suhṛdō vikrētricchā garīyasī || 108 ||
Translation
Among those near at hand a kinsman or one of the same varṇa is preferred; failing these, friends; but the seller's wish weighs most.
Word by word
- sānnidhya
- near at hand
- vartināṁ
- among those living
- jñātiḥ
- (jñātiḥ) a kinsman
- savarṇaḥ
- (savarṇaḥ) one of the same varṇa
- vā
- or
- viśiṣyatē
- is preferred
- tayōḥ
- (tayoḥ) of these
- abhāvē
- failing
- suhṛdaḥ
- (suhṛdaḥ) friends
- vikrētṛ
- of the seller
- icchā
- the wish
- garīyasī
- weighs most
Meaning
Within the order of preference, the commentary says, the seller chooses freely among the several candidates.
Commentary
Hariharānanda Bhāratī’s Sanskrit commentary, translated
But among many who live near, which is preferred in buying the immovable property? To that he says "sānnidhya" and the rest. Among those living near, a kinsman (jñāti), one of the same gotra, is preferred, or one of the same varṇa is preferred; failing those two, kinsman and one of the same varṇa, friends (suhṛd) are preferred. But among many of the same gotra, of the same varṇa and friends, to which should the owner sell the immovable property? To that he says "vikretrīcchā". The wish of the seller, the one who makes the sale, is weightier, carries more weight: in that order itself, to whichever of them he wishes to sell, to him he sells: that is the idea.