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

S. iv. 11. 3-5,
'M. p. 99 l. 29-p. 100 l. 18 ] EXCLUSION FROM INHERITANCE 193
(in Manu) means 'devoid of the sense of smell and the like.' Nārada
(p. 194 vv. 21-22) says:
One hostile to one's father, a patita, an impotent person, one who goes
to another continent (from India in a vessel). these even though they be
aurasa (sons of the body) should not get a share; how can ksetrāja
sons (suffering from these defects) get a share? Persons afflicted with
long-standing and severely painful diseases, persons who are either idiots,
insane or lame — these must be maintained by the family, but their sons
are entitled to a share
'Apayātritaḥ'¹ according to Madana means 'one who is excommunicated
by his kinsmen' on account of his being guilty of high treason or the like
by the method of breaking a water-pot or the like, but it is better to take
the word to mean 'one who goes across the sea in a vessel or the like to
another continent' (than Jambudvīpa, India) for trade; because contact
with such a person is prohibited in the Kali age by the text 'a twice-born
person who crosses the ocean in a vessel is not to have intercourse (with his
castemen) even though he be purified' (by appropriate prāyaścittas) and
because breaking of a water jar and excommunication are not prescribed in
the case of high treason. Śaṅkha-Likhita say 'inheritance, piṇḍa (ball
of rice) and water are withheld (lit. cease) from the apayātrita (one
who goes on a sea voyage to a distant land)'. Vasiṣṭha says (17. 52)
'those who have betaken to another order of life (other than the house-
holder's order) are excluded from a share' This means that the perpe-
tual student, the forest hermit and the yati (are excluded from a share).²
1 There are numerous readings for this word, such as 'apapātrikaḥ', 'aupapātikaḥ',
'avapātitaḥ' &c Vide my notes to V. M pp 305-306 for these and their explanations
and Dal Singh v. Musammat Dini 32 All 155 at p. 158 where most of these are discussed.
Nīlakaṇṭha is wrong in saying that breaking of a water jar is not prescribed for high treason.
Gautama 20. 1-4 does prescribe 'ghaṭasphoṭa' in such a case. Compare Manu XI 183-184
and Yāj. III. 295 also. The half verse a twice-born person &c.' is quoted by Hemādri
from the Ādityapurāṇa in his list of acts forbidden in the Kali age. Vide p 104 above about
secondary sons being forbidden in the Kali age There is a sharp conflict about the mean-
ing of 'nauyātuḥ' which, according to strict rules of grammar, would mean 'who habit-
ually crosses the sea in a vessel' (and not one who makes a casual voyage). Vide my notes
to V. M. p. 306. The verse of Nārada 'persons afflicted &c.' is quoted in 1 Bom. 177 at
p. 182.
2. An ordinary student (called upakurvāṇa) intends to become a householder and
so he is not excluded. 'Yati' means a sannyāsin, an ascetic who has given up worldly ties.
In Somasundaram v. Vaithilinga 40 Mad 846 it was held that the texts as to disinheri-
tance applicable to yatis or sannyāsins did not apply to a śūdra ascetic unless a usage
to that effect was established. Vide also 46 All. 616, 39 Bom. 168 at p 174, 52 All. 789.
In 54 Mad. 576 at p. 581 reliance is placed on the Mayūkha which quotes Śaṅkha-Likhita
that the heritable right of him who has been formally degraded (apapātrita is the reading
accepted) and his competence to offer oblations of food and libations of water are extinct.
V. M. 25