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

S. IV 7 20-22 ] 141
M. p. 71 ll. 6 27 ] IMPARTIBLE PROPERTY
Here pūrta means ' tanks, public parks and the like (works of public
utility )'; iṣṭa means ' sacrifices, feeding brāhmanas and the like (religious
acts )'. The meaning is. whatever wealth has been intended to be donated
and has been set apart for these ( iṣṭa and pūrta, religious and chari-
table objects ) by any one (co-parcener) with the consent of all (coparceners)
in the state of union, that wealth should be used by him alone for that
religious object and not by any other ( coparcener ) nor by all acting in a
body Pracāra¹ ( in Manu IX. 219 ) means ' ways leading to the house
and the like ' and also ' land for the grazing of kine and the like '.
As for Ś'aṅkha-Likhita² ' there is to be no division of a dwelling, or
of water-pots, or of ornaments, or of clothes worn ( by a coparcener ) ' and
as to Vyāsa
'" The gains³ of officiating at a sacrifice, a field, a vehicle, cooked food,
water and women-these are not to be divided among kinsmen even up to a
thousand generations '
who ( Ś'aṅkha-Likhita and Vyāsa ) declare that dwellings and fields
are impartible, these texts are applicable to dwellings ( like temples ) used
for religious purposes, and to land that is used as pasture for kine; or these
texts purport to forbid the partition of these ( dwellings and fields ),
when acquired by way of a gift, among the ( sons of a brāhmaṇa born of a
wife of the ) kṣatriya or other lower caste since there are prohibitory
texts ( on this point ) as noticed above or they ( texts of Ś'aṅkha-Likhita
and Vyāsa ) mean that when these ( dwellings and fields ) are of small value
they should not be divided in kind ( i. e. by metes and bounds ) but there
should be a division of their price
Bṛhaspati ( p 382 vv 79-94 ) mentions special rules about ( the division
of ) clothes and the like.
Those⁴ who declared that clothes and the like are not liable to parti-
tion have not thought ( over the matter properly ) ( For ) the wealth
of the rich may ( all ) be centred in clothes and ornaments If they be

1 Nīlakaṇṭha gives two meanings of pracāra The Mit, Aparārka and Vīr. give the
first meaning, while the Smṛticandrikā and Kullūka give the second This explanation
of pracāra is referred to in Shantaram v. Waman 47 Bom 389 at p. 396
2 This sūtra of Ś'aṅkha-Likhita is variously read Vide notes to V. M p. 278. ' No
division of a dwelling '—Vide·Partition Act ( IV of 1893 ) sections 2 and 4 and Vaman v.
Vasudev 23 Bom 73 and Balshet v. Miransaheb 23 Bom 77.
3. The word yājya thus translated is explained by the Dāyabhāga as meaning ' the
site of a sacrifice ' or ' an idol. '
Nīlakaṇṭha offers three explanations of these texts, the second of which is the same as
that of the Mit. The prohibitory texts about the sons of a brāhmaṇa from a kṣatriya wife
occur on text p 103 (tr p 97)
4 Bṛhaspati holds Manu in the highest veneration, as he says elsewhere ' that smṛti
which is opposed to the drift of Manu is not commended, ' but here he criticizes
Manu ( 9 219 ).

• P. 130 ( text )