दायभागकथनम्The law of inheritance
Verse 15
अंशिनां सम्मतावेव विभागः परिसिध्यति । तेषामसम्मतौ राजा समदृष्ट्यांशमाचरेत् ॥ १५ ॥
aṁśināṁ sammatāvēva vibhāgaḥ parisidhyati | tēṣāmasammatau rājā samadṛṣṭyāṁśamācarēt || 15 ||
Translation
The division is complete only with the sharers' agreement; if they do not agree, the king should make the shares with an impartial eye.
Word by word
- aṁśināṁ
- of the sharers
- sammatau
- with the agreement
- ēva
- only
- vibhāgaḥ
- (vibhāgaḥ) the division
- parisidhyati
- is complete
- tēṣām
- (teṣām) their
- asammatau
- without agreement
- rājā
- the king
- sama
- an equal
- dṛṣṭyā
- (dṛṣṭyā) with eye
- aṁśam
- (aṁśam) the share
- ācarēt
- should make
Meaning
A partition stands when all the sharers consent to it. Where they cannot agree, the king divides, treating all alike.
Commentary
Hariharānanda Bhāratī’s Sanskrit commentary, translated
The division is accomplished only when all the sharers agree among themselves: this he tells with the first half, "aṁśinām". Only with the agreement of the sharers, those who take parts, is the division accomplished (parisidhyati, comes about), not otherwise. But in dividing the father's property, how is the division to be made when all the heirs do not agree? To that he says "teṣām" and the rest. When those sharers do not agree, the king should make the division (aṁśa, the share) with an equal eye (samadṛṣṭi), an impartial view.