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

138 VYAVAHÂRAMAYŪKHA [§. IV ¶ 10-11 / M. p.68 l.36-p. 69 l.28]
As regards (wealth) acquired without detriment to paternal estate
Gautama¹ (Dh. S. 28-28) mentions a special rule: a learned man, if he
chooses, may give to (his) learned brothers (a share of) the wealth
acquired with his own efforts. Vaidya (a derivative from vidyā) means
one who possesses vidyā (learning). The meaning is that he may at his
pleasure give (a share of his acquisitions) to his learned brothers. Kātyāyana
says
Vidyādhana should in no case be given by a learned man to unlearned
(brothers and other coparceners) but it may be given by a learned
man to (brothers) who are his equals in learning or superior (to
him). A² learned man need not if he is unwilling give a share out of his
own (self-acquired) wealth to a learned (brother or other copar-
cener) if he did not acquire it with the help of paternal (i. e. joint family)
property.²
Madana says that this prohibition (contained in the first of the verses
above) holds good if the brothers that are living possess other property but
that in the absence of other property a share (in gains of learning) should
be given to them also.
Bṛhaspati (p. 381 v. 76) declares the impartibility of what is bestowed
as a gift by the father and the like.
Whatever is given by the paternal grandfather and the father and also
by the mother as well as wealth obtained by valour or on the occasion of
marriage belongs to him (to whom it is given), it should not be taken
away (at the time of partition).
Nārada (p. 190 v. 6) says:
Both wealth acquired by valour and that acquired on marriage and
gains of learning—these three are impartible, as also the favour (gift
through favour) bestowed by the father.
Kātyāyana says:
What is dhvajahṛta (snatched from a standard) is never understood to
be partible. What is seized in battle after putting to flight the enemy's
army or after endangering one's life for the sake of one's master is termed
dhvajahṛta.
The same author says:
That is wealth gained by valour which is acquired when a master being
pleased bestows a reward on a person who does a forceful act after endan-
gering his life.³

1. The printed Gautama reads differently: A learned man may indeed not give to his
   unlearned brothers (a share of) the wealth acquired with his own efforts. This proposition
   is implied in the reading adopted in the text.
2. This last verse is Nārada p. 191 v. 11.
3. Kātyāyana makes a distinction between dhvajahṛta and śauryadhana while other
   writers do not make it.
   P. 127 (text)