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

194 VYAVAHĀRAMAYŪKHA [ S. IV 11. 5-8
[ M. p. 100 L. 19-p. 101 L. 4
Kātyāyana says
The son of a woman married in the wrong order and one who is born
of a man of the same gotra (as the man's wife) and one who is an
apostate from the order of ascetics—these never obtain the inheritance¹
*'Sagotrāt (in Kātyāyana) means one born from a woman married by
one who has the same gotra as her (i e. as her father's) Akramoḍhāsutaḥ
means according to some kṣetraja or kānīna son and the like but it is more
proper to say that when a younger daughter gets married while her elder
sister is still unmarried, they both are then designated by the word akra-
moḍhā² The same author (Kātyāyana) declares that if he (the son of an
akramoḍhā) be of the same class (varṇa) as his father, he was entitled
to a share
The son of a woman married in the wrong order takes the inheritance
when he belongs to the same class as his father and so does a son born
of a woman who is not of the same class (as her husband) but who is
married in the proper order³
A son born of a woman who is married in the reverse order is not
entitled to a share though he be procreated by the husband himself⁴ And so
the same author (i e Kātyāyana) says
The son of a woman married in the reverse order (of classes) is not
entitled to inherit (to his father) It is the opinion (of sages) that
food and raiment should be given (to such a son) till his end by his
kinsmen.
When there are other sons endowed with good qualities Manu
(IX 214) declares that the vicious son is not entitled to a share (of the
inheritance)
All those brothers who are addicted to vicious acts are not entitled
to the estate.⁵

1. Vide my notes to V M. pp. 307-308 and Kāt verse 862 for the several explanations
   of this verse. A younger brother or sister marrying before an elder one was guilty of the sin
   of parivedana The younger one so marrying was called parivettṛ and the elder one so
   passed over was called parivitta or parivinna These two as well as the giver of the
   girl and the priest incurred grave sin Vide Baud. Dh. S. II. 1 39 and Manu III. 172
   There is another meaning of akramoḍhā In ancient times a person was first to marry
   a girl of his own caste and then he could marry another of a caste lower than his own
   (Manu III 12). But if a brāhmaṇa married first a kṣatriya girl and then a brāhmaṇa
   girl, both became akramoḍhā
2. For explanation of kṣetraja and kānīna vide p. 103 above
3. The last half may be illustrated as follows — If a kṣatriya first married a girl of
   his own class and then married a vaiśya girl, the son of the latter would take a share as
   he would be born of a woman married in the proper order though his mother is of different
   class from her husband's. Vide Yāj. II 125.
4. If a kṣatriya married a brāhmaṇa girl and had a son from her this would be the
   son of a pratiloma union and so he would not be entitled to inherit to his kṣatriya father
5. Compare Gautama 28. 38 and Āp Dh. S. II. 6. 14 14-15.

• P 101 (text).