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

178 VYAVAHĀRAMAYŪKHA [S. IV 9. 10-12
[M. p. 87 ll. 15-41
The same author (Yāj II 139) propounds the right of a reunited half
brother and a full brother not reunited to share equally the wealth (of the
deceased brother)
One born of a different mother if reunited, may take the wealth (of
the deceased) but one born of a different mother if not reunited does
not take it, (a full brother) even though not reunited should take (the
wealth) and not the half brother (alone) though reunited
Here by the expressions 'born of a different womb' born of a different
mother and the like the half brother alone is not denoted but the paternal
uncle and the like also since the etymological meaning (of these words)
applies to them also without any distinction¹ Otherwise it would follow
that the text propounding reunion with the uncle and the rest is without any
purpose, there being no other result brought about by the state of reunion.²
The words asaṁsṛṣṭyapi' are connected with both the preceding and the
succeeding clauses like a lamp on a threshold³ And the word saṁsṛṣṭa
by being repeated conveys one who is reunited in wealth and also a full
brother who is related to the same womb (as the deceased). When the
first meaning of saṁsṛṣṭa (viz. one reunited in wealth) is taken the word
'api (also) is to be understood after it and at the end of the verse
the word eva (alone) is to be supplied. Hence the following are the
meanings of the sentences (of this verse)-(1) anyodarya i e one
born of a different womb such as the wife father paternal grandfather half
brother paternal uncle and the like if reunited (with the deceased) takes
the wealth (of the deceased) (2) one born of another womb if not
reunited does not take (the wealth) By this reunion is declared by the
method⁵ of positive assertion and that of negation as the cause of taking wealth
(as heir) in the case of one born of a different womb, (3) The full
1 The paternal uncle of a person is as much born of a different mother as his half
brother
2 What is the purpose of reunion? It is this that the reunited man should succeed to
the wealth of a reunited deceased person in preference to another relative equally related
but not reunited. As among half brothers one who is reunited takes in preference to one
who is not re-united, so the same rule should apply to paternal uncles. If reunion were
not a ground of preference among paternal uncles, a paternal uncle stands to gain nothing by
reunion.
3. A lamp on the threshold sheds light inside the house and also outside. So the
words 'असंसृष्ट्यपि' are to be connected with the preceding clause नान्योदर्यो धनं हरेत्
and also with the succeeding one चादद्यात् संसृष्ट
4 संसृष्ट has two meanings. (1) one reunited and (2) a full brother. In the
latter half of II 139 we have two clauses असंसृष्ट्यपि चादद्यात्संसृष्ट (full brother) and संसृष्टो
(one reunited) (अपि) नान्यमातृजः (एव) न (तुर्थ पाद)
5. Whoever is reunited takes the wealth of the deceased. This is the method of
anvaya (positive declaration) those who are not reunited do not take the wealth (when
there is reunion with some) this is the method of vyatireka (negation or absence).
P. 119 (text).