दायभागकथनम्The law of inheritance
Verse 16
स्थावरस्य चरस्यापि विभागानर्हवस्तुनः । मूल्यं वा तदुपस्वत्वमंशिनां विभजेन्नृपः ॥ १६ ॥
sthāvarasya carasyāpi vibhāgānarhavastunaḥ | mūlyaṁ vā tadupasvatvamaṁśināṁ vibhajēnnṛpaḥ || 16 ||
Translation
Of a thing, immovable or movable, that cannot be divided, the king should divide among the sharers its value or its produce.
Word by word
- sthāvarasya
- of an immovable
- carasya
- of a movable
- api
- or
- vibhāga
- division
- anarha
- not fit for
- vastunaḥ
- (vastunaḥ) thing
- mūlyaṁ
- the value
- vā
- or
- tat
- its
- upasvatvam
- (upasvatvam) produce
- aṁśināṁ
- among the sharers
- vibhajēt
- should divide
- nṛpaḥ
- (nṛpaḥ) the king
Meaning
What cannot be cut up, a house or an animal, is shared by its worth or its yield. The commentary explains upasvatva as what arises from the thing beyond the thing itself: its rent, fruit or profit.
Commentary
Hariharānanda Bhāratī’s Sanskrit commentary, translated
But how is a thing that cannot be divided, land and the like, to be divided? To that he says "sthāvarasya" and the rest. Of a thing, immovable or movable (cara, jaṅgama), that is not fit to be divided, not suited to division, the king should divide among the sharers, the heirs, its value, or else its produce (upasvatva), what arises from it beyond the thing itself; he should make it divided by having it given to them. In "aṁśinām" the genitive stands for the dative, since the recipient is meant as "the rest" (by the rule "ṣaṣṭhī śeṣe").