दायभागकथनम्The law of inheritance
Verse 58
ब्राह्म्यन्वये विद्यमाने पित्रोः सापिण्डने स्थिते । मृतस्य शैवीतनयो न पितुर्दायभाग् भवेत् ॥ ५८ ॥
brāhmyanvayē vidyamānē pitrōḥ sāpiṇḍanē sthitē | mṛtasya śaivītanayō na piturdāyabhāg bhavēt || 58 ||
Translation
While there is a line of the brāhmī wife, or while a sapiṇḍa of the parents is living, the son of the dead man's śaivī wife does not share his father's inheritance.
Word by word
- brāhmī
- of the brāhmī wife
- anvayē
- a line
- vidyamānē
- being
- pitrōḥ
- (pitroḥ) of the parents
- sāpiṇḍanē
- a sapiṇḍa
- sthitē
- living
- mṛtasya
- of the dead man
- śaivī
- of the śaivī wife
- tanayaḥ
- (tanayaḥ) the son
- na
- not
- pituḥ
- (pituḥ) of the father
- dāya
- in the inheritance
- bhāg
- a sharer
- bhavēt
- is
Meaning
The śaiva marriage (chapter 9.267 on) is the Tantra's second form of marriage, made with śaiva rites. Its son ranks after the brāhmī line and the sapiṇḍas. The commentary draws the corollary, which Avalon also notes: where neither exists, the śaivī's son does inherit. These are the rules of the Tantra's own ideal kingdom, given as the text states them; they describe its teaching, not any present law.
Commentary
Hariharānanda Bhāratī’s Sanskrit commentary, translated
Now, while the line of the departed man's brāhmī wife, or a sapiṇḍa of his mother and father, is living, the son of the śaivī wife has no share in his property: this he tells with "brāhmyanvaye" and the rest. While there is a line, a descent, of the brāhmī wife, and while a sapiṇḍa (sāpiṇḍana) of the parents, the mother and father, is living, the śaivī's son, the son of the śaivī wife, does not share in his dead father's inheritance; those two who are living share the inheritance in their order: that is the sense. By this it is suggested that when there is no line of the brāhmī wife and no sapiṇḍa of the parents, the śaivī's son himself shares the dead father's inheritance.