दायभागकथनम्The law of inheritance
Verse 88
न समर्थः पुमान् दातुं पैतृकं स्थावरञ्च यत् । स्वजनायाऽथवाऽन्यस्मै दायादानुमतिं विना ॥ ८८ ॥
na samarthaḥ pumān dātuṁ paitṛkaṁ sthāvarañca yat | svajanāyā’thavā’nyasmai dāyādānumatiṁ vinā || 88 ||
Translation
A man cannot give away ancestral immovable property, to his own people or to another, without the consent of his heirs.
Word by word
- na
- not
- samarthaḥ
- (samarthaḥ) able
- pumān
- a man
- dātuṁ
- to give
- paitṛkaṁ
- ancestral
- sthāvaraṁ
- immovable
- ca
- and
- yat
- which
- svajanāya
- to his own people
- athavā
- or
- anyasmai
- to another
- dāyāda
- of the heirs
- anumatiṁ
- the consent
- vinā
- without
Meaning
Ancestral land is held for the family. The commentary takes "ca" as restrictive: what is both paternal and immovable needs the heirs' consent; and it quotes the lexicon on the eight senses of ca.
Commentary
Hariharānanda Bhāratī’s Sanskrit commentary, translated
Without the consent of the sharers no one can give to anyone at all immovable property that came from the father: this he tells with "na samarthaḥ" and the rest. In "sthāvaraṁ ca" the word "ca" has the sense of restriction and is joined with both words, "paternal" and "immovable"; so the sense comes to this: without the consent of the heirs, in the absence of the sharers' consent, a man is not able, not competent, to give to his own people or to another property that is both paternal and immovable. [He cites the lexicon on the senses of ca:] "Ca, an indeclinable, is used in eight senses: adding a secondary point (anvācaya), collective union (samāhāra), mutual conjunction (itaretara), simple conjunction (samuccaya), application, equal connection, restriction and cause, and also to fill out a verse."