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॥ श्री ॥tantraFor reading

Mahānirvāṇa Tantra 12.50

Traditional

Ullāsas
14
Verses
2517
Minutes
1258
Level
advanced

Ullāsa 12 · Verse 50

दायभागकथनम्The law of inheritance

Verse 50

अधस्ताद्गमनाभावे धनमूर्ध्वभवं गतम् । तत्रापि पुंसां मुख्यत्वादितं पितृकुलं शिवे । अतोऽत्र सन्निकृष्टोऽपि मातुलो नाप्नुयाद्धनम् ॥ ५० ॥

adhastādgamanābhāvē dhanamūrdhvabhavaṁ gatam | tatrāpi puṁsāṁ mukhyatvāditaṁ pitṛkulaṁ śivē | atō’tra sannikṛṣṭō’pi mātulō nāpnuyāddhanam || 50 ||

Translation

When the wealth cannot go downward it goes to those born above; and even there, O Śivā, because men come first, it goes to the father's family. So the mother's brother, near as he is, does not receive it.

Word by word

adhastāt
(adhastāt) downward
gamana
of going
abhāvē
in want
dhanam
(dhanam) the wealth
ūrdhva
above
bhavaṁ
to those born
gatam
(gatam) goes
tatra
there
api
even
puṁsāṁ
of men
mukhyatvāt
(mukhyatvāt) because they come first
itaṁ
goes
pitṛ
the father's
kulaṁ
family
śivē
O Śivā
ataḥ
(ataḥ) so
atra
here
sannikṛṣṭaḥ
(sannikṛṣṭaḥ) near
mātulaḥ
(mātulaḥ) the mother's brother
na
not
āpnuyāt
receives

Meaning

A verse of three lines summing up verses 47-49: the property first descends; when it must rise it goes to the paternal family before the maternal.

Commentary

Hariharānanda Bhāratī’s Sanskrit commentary, translated

But surely the maternal uncle, being nearer, should take the dead man's wealth rather than the father's sapiṇḍa, who is farther? Answering this doubt he speaks in the passage from "adhastāt" to "dhanam", a verse and a half. O Śivā, when there is no going downward, the dead man's wealth has gone, has passed, to one born above; and even among those born above, because males rank first, the wealth goes, passes, to the father's family. For this reason here in the world the maternal uncle, though near, close at hand, does not receive the dead man's wealth.