व्यवहारमयूख (नीलकण्ठ भट्ट - पश्चिमी भारत की हिन्दू न्याय-संहिता एवं व्यवहार कोष)
Vyavahara Mayukha of Nilakantha Bhatta
नीलकण्ठ भट्ट (सम्पादक: पी. वी. काणे) द्वारा
पृष्ठ 167, कुल 332 में से
संदर्भ में पढ़ें186 VYAVAHĀRAMAYŪKHA [ B. IV 7 2-5 / M. p.57 ll. 5-37
Whatever else is acquired (by a man) without detriment to paternal
estate (viz) gifts from friends and on marriage that does not belong
to the co-sharers. He, who recovers property descending hereditarily but
snatched away (from the family) should not give it to (i.e. would not have
to share it with) his co-sharers, as also what is acquired through learning
With regard to land descending hereditarily but recovered (by one
co-sharer) Śaṅkha declares a special rule
If one (co-sharer) recovers land (descending) hereditarily that was
at one time lost (to the family) the other (co-sharers) get it according
to their respective shares after giving (to the recoverer) a fourth part
(The meaning is) after giving a fourth part of the recovered land to
the recoverer they should divide the rest (equally) with the recoverer
Manu (9 206)¹ says
Whatever a man acquires by his efforts without detriment to paternal
wealth he should not give to his co-sharers nor what is acquired through
learning
Vyāsa says
- That wealth which a man acquires by his own ability without relying
upon (having recourse to) paternal estate he shall not give to (or share
with) his co-heirs nor that wealth which is acquired through learning
Kātyāyana defines what is meant by vidyā labdha (acquired by
learning)
That wealth is said to be acquired through learning which is earned by
means of learning acquired from another with the use of food (lit boiled
rice) belonging to a stranger²
The same author (Kātyāyana) elucidates this very matter
What is earned by learning when a matter has been propounded with
a stake (before an assembly for discussion) is known to be 'vidyādhana'
(gains of learning) it is not divided (among coparceners) at the time of par-
tition What is obtained from a pupil or from being an (officiating) priest
or by (propounding) a question or by determining a doubtful point or by exhi
biting one's own learning or by disputation (with an adversary) or by means
of eminent study (or learning) is declared to be vidyādhana; it is not
divided on a partition This is the law applicable to artisans also as regards
what is (given) in excess (by way of a tip or reward) of the proper price
(of an article belonging to a family of artisans) What is acquired by learn-
1 The latter half of Manu 9.206 is different. The text seems to combine a half verse
of Manu with another half verse from Yāj cited above
2 This verse is quoted in Durga Dat v Ganesh 32 All 303 at p. 312 and it is held that
this definition is not exhaustive but only illustrative.
P 125 (text)