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

S. IV. 7. 12-15 ] GAINS OF LEARNING 139
M. p. 69 l. 28-p. 70 l. 18 ]
On this subject Vyāsa states a special rule,
Brothers are entitled to a share in that wealth which a man acquires by
his valour after using some common (i e joint family) property such as
a horse and the like. But he should be given two shares, while the rest
are entitled to share equally.
Vyāsa* describes the nature of saudāyika •
That wealth is known to be saudāyika which is obtained by a married
woman or a maiden from her husband or from the father's house (i. e
family) or from her brother or her parents.
Kātyāyana says:
What is obtained at the time of marriage with a maiden of the same
caste, that should be known as wealth coming through a maiden. It is
declared to be free from taint and productive of prosperity That should
be known as vaivāhika (due to marriage, nuptial) which comes (to a
man) with his wife All such wealth should be understood to be a
means of securing religious merit
What is acquired in the mode (described in the words) 'the ārsa
form of marriage occurs on receiving a pair of cows' (Yāj. I. 59) is kanyā-
gata (wealth coming through a maiden)¹. Here also there is impartibilite
as in the case of gains of learning, if there is no detriment to paternal estaty-
But whatever is acquired in a mode distinct from learning and the like is
indeed liable to partition And so Manu (9 205) says
But if all of them, not being learned, acquire wealth by their exertions
(in agriculture, trade &c), the division in that case will be equal, it be-
ing not (earned with help from) paternal estate; this is the establi-
shed rule
Īhā (exertion) means 'work such as agriculture and the like', apitrye
means 'when no help is received from paternal wealth' Manu (9. 219)
speaks also of other impartible property:
Clothes, vehicles, ornaments, cooked food, water (i e. wells &c), women,
(wealth set apart for) yoga and kṣema, ways (or pasture lands)-
these are declared to be not liable to partition
‡ Patra ² means 'vehicle' Clothes, vehicles and ornaments belong to
him alone who has worn (or used) them, provided they are of equal value

1. This meaning of kanyāgata given by Nīl. looks somewhat farfetched His idea is
   that that wealth, such as a pair of cows &c which is given to the bride's father in the ārṣa
   form of marriage by the bridegroom's side, constitutes his self-acquired property If the plain
   meaning of the words is taken, kanyāgata means that wealth which a bridegroom receives
   just at the time of marriage, while vaivāhika means whatever comes to him with his wife,
   even after marriage.
   2 - There is great divergence of opinion about the meaning of patra and yogakṣema.
   The former according to Aparārka and others means 'a document or debt evidenced by a
   document.' For yogakṣema vide notes to V. M. p. 217.

• P. 128 (text). ‡ P. 129 (text),