व्यवहारमयूख (नीलकण्ठ भट्ट - पश्चिमी भारत की हिन्दू न्याय-संहिता एवं व्यवहार कोष)

S. IV. 4 41 ... ] PRINCIPAL AND SECONDARY SONS 103
M. p. 49 ll. 10 29. ]
Yājñavalkya (II 128--132) sets out a scheme of sons, principal and
secondary, as it is of use in settling the taking of the heritage :
The aurasa is one who is begotten on the lawfully wedded wife; equal
to him is the putrikāputra¹, the kṣetraja (the son of the wife) is one
who is begotten on a person's wife by an agnatic kinsman or by a non-
agnate, that is declared a gūḍhaja (secretly born) son who is
secretly born in one's house, kānīna is one born of a maiden and is
considered the son of the maternal grandfather, paunarbhava (son of
a punarbhū) is said to be one who is begotten on (a married woman)
whether the marriage had been consummated or not, that is dattaka (a
son adopted) whom his mother or father gives (away in adop-
tion) a krīta (bought) is one who is sold by them (i e, by the parents),
a kṛtrima is one who is made (a son) by the man himself, the
svayam-datta is one who gives himself away (in adoption), a saho-
ḍhaja is one who was in the womb (when his mother was married),
he is an apaviddha son who, having been abandoned (by his parents),
is received (in adoption by another)²
The aurasa son begotten on a lawfully wedded wife of the same caste
(as the husband's) is the principal (or primary) son. The putrikāputra
is of two kinds, the first of which Vasiṣṭha (17 17) describes
I shall give to you (in marriage) this maiden decked with ornaments
who has no brother, the son who may be born of her will be my son

1. We saw above (p 36,) that if a brāhmaṇa has wives of different castes, the sons
   of the wife of the brāhmaṇa caste are entitled to four shares, those of the wife of the kṣatriya
   caste to three and so on. This rule says that the daughter of a brāhmaṇa from a brāhmaṇī
   wife would be entitled to one-fourth of what her brother born of a brāhmaṇī wife would get
   on a partition, the daughter of a brāhmaṇa from a kṣatriyā wife would be entitled to one
   fourth of what her brother born of a kṣatriyā wife would get. Another matter of con-
   troversy is as to the exact meaning of 'a fourth share'. The Mit. relying on Manu 9 118
   and Yāj. II. 124 remarks that a fourth share as above described was to be given to the
   unmarried sister. The same was the view of Asahāya and Medhātithi. But Bhāruci,
   the Dāyabhāga, the Smṛticandrikā, Vivādaratnākara, Halāyudha and others held that
   the sister was only entitled to a provision for marriage and not to an exact one-fourth. Vide
   notes to V. M. pp. 157-158. It has been held that the custom of appointing a daughter is
   now obsolete. Vide L. R. 2 I. A. 163, 31 Mad, 310, 1 Patna L. J. 581.
2. It is to be noted that in the verse following these Yāj lays down that each of the
   succeeding sons out of those enumerated took in the absence of the preceding one and that
   this rule applied only when all these were ascertained to be of the same class (varṇa)
   as their reputed father. Putrikāputra means either the son of the appointed daughter
   or the appointed daughter herself as a son. Vide notes to V. M, p. 159 as to putrikā.
   The kṣetraja was due to the practice of niyoga. Vide Gautama Dh. S. 18. 4-8 and
   Manu 9, 59-60 for niyoga. Modern Hindu law recognises only two kinds of sons
   out of the above, viz. aurasa and dattaka, (except in Mithilā, where the kṛtrima also
   is recognised).