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

140 VYAVAHĀRAMAYŪKHA [ S. IV - 15-20
[ M. p. 70 l. 18-p. 71 l. 6
(with the clothes &c worn by other coparceners) but if they are of more
or less value (than those worn by others) then they must be divided
The clothes and other like things worn (or used) by the father should be
given to him who partakes of the śrāddha (feast) to him (the deceased
father) since Bṛhaspati (p 383 v 85) says
The clothes, ornaments bed and the like and vehicles and the like used
by the father, should be bestowed on the partaker of the śrāddha for him
(the deceased father) after honouring (the brāhmaṇa) with fragrant
ointments and flowers
Manu (9 119) mentions a special rule about (the division of) goats and
the like when uneven in number (i e when they cannot be equally divided
among the coparceners)
Goats ¹ and sheep together with beasts having uncloven hoofs (like
horses) should not at all be divided when they happen to be uneven (in
relation to the sharers) Goats and sheep, together with uncloven beasts
(when uneven and incapable of division into integers) are ordained (to
be assigned) to the eldest alone
Cooked food and water (wells &c ) ² are to be enjoyed (by all coparce-
ners) according to circumstances. Women i e. female slaves (dāsīs)
when uneven in number are to be made to work (in turn for the partitioning
coparceners) according to need but if even in number (in relation to the
sharers) they are to be divided The kept mistresses of the father however
should not be divided though even in number since Gautama (Dh S 28
45) says there is to be no division as regards women connected (i e. kept
by the father) ³ In the Kalpataru it is said that by the word yoga-
kṣema are meant councillors family priests and the like Laugākṣi
however says
Those who know the essence (of dharma) say that kṣema means
pūrta (charitable works) and yoga means iṣṭa (sacrifices and other
religious rites) They both are declared to be impartible as also beds
and seats
1 Suppose there are 17 18 or 19 beasts and four brothers. Each gets four on a division
and the remainder (1 2 or 3 as the case may be) are to be assigned to the eldest. They are
not to be valued and their price is not to be distributed among the brothers. This is the
meaning according to Medhātithi and others.
2 Water &c. In Nathubhai v Bai Hansgavri 36 Bom. 379 at p 382 this passage
about right to wells and water being indivisible is referred to and it is held that if there be
no evidence that at a partition they were divided, the law will presume that they continued
to retain the character of indivisibility
3 Haradatta holds that this rule applies not only to the concubines of the deceased
father but also to the concubines kept by any one of the dividing brothers. These words
about women and mistresses are quoted in Dayabhai v Manekbai 50 Bom 601 (= 31
A I R 1928 Bom L. R. 1115) at p 613