Chapter 47

“Yudhishthira said, ‘Thou art fully conversant with the ordinances of allthe scriptures. Thou art the foremost of those that are acquainted withthe duties of kings. Thou art celebrated over the whole world as a greatdispeller of doubts. I have a doubt, do thou explain it to me, Ograndsire! As regards this doubt that has arisen in my mind, I shall notask any other person for its solution. It behoveth thee, O thou of mightyarms, to expound as to how a man should conduct himself who is desirousof treading along the path of duty and righteousness. It has been laiddown, O grandsire, that a Brahmana can take four wives, viz., one thatbelongs to his own order, one that is a Kshatriya, one that is a Vaisya,and one that is a Sudra, if the Brahmana wishes to indulge in the desireof sexual intercourse. Tell me, O best of the Kurus, which amongst thosesons deserves to inherit the father’s wealth one after another? Whoamongst them, O grandsire, shall take what share of the paternal wealth?I desire to hear this, viz., how the distribution has been ordainedamongst them of the paternal property.’

“Bhishma said, ‘The Brahmana, the Kshatriya, and the Vaisya are regardedas the three regenerate orders. To wed in these three orders has beenordained to be the duty of the Brahmana, O Yudhishthira. Througherroneous judgment or cupidity or lust, O scorcher of foes, a Brahmanatakes a Sudra wife. Such a wife, however, he is not competent to takeaccording to the scriptures. A Brahmana, by taking a Sudra woman to hisbed, attains to a low end in the next world. He should, having done suchan act, undergo expiation according to the rites laid down in thescriptures. That expiation must be twice heavier or severer if inconsequence of such an act, O Yudhishthira, the Brahmana gets offspring.I shall now tell thee, O Bharata, how the (paternal) wealth is to bedistributed (among the children of the different spouses.) The son bornof the Brahmana wife shall, in the first place, appropriate from hisfather’s wealth a bull of good marks, and the best car or vehicle. Whatremains of the Brahmana’s property, O Yudhishthira, after this should bedivided into ten equal portions. The son by the Brahmana wife shall takefour of such portions of the paternal wealth. The son that is born of theKshatriya wife is, without doubt, possessed of the status of a Brahmana.In consequence, however, of the distinction attaching to his mother, heshall take three of the ten shares into which the property has beendivided. The son that has been born of the wife belonging to the thirdorder, viz., the woman of the Vaisya caste, by the Brahmana sire, shalltake, O Yudhishthira, two of the three remaining shares of the father’sproperty. It has been said that the son that has been begotten by theBrahmana sire upon the Sudra wife should not take any portion of thefather’s wealth, for he is not to be considered an heir. A little,however, of the paternal wealth should be given to the son of the Sudrawife, hence the one remaining share should be given to him out ofcompassion. Even this should be the order of the ten shares into whichthe Brahmana’s wealth is to be divided. All the sons that are born of thesame mother or of mothers of the same order, shall share equally theportion that is theirs. The son born of the Sudra wife should not beregarded as invested with the status of a Brahmana in consequence of hisbeing unskilled (in the scriptures and the duties ordained for theBrahmana). Only those children that are born of wives belonging to thethree higher orders should be regarded as invested with the status ofBrahmanas. It has been said that there are only four orders there is nofifth that has been enumerated. The son by the Sudra wife shall take thetenth part of his sire’s wealth (that remains after the allotment hasbeen made to the others in the way spoken of). That share, however, he isto take only when his sire has given it to him. He shall not take it ifhis sire does not give it unto him. Some portion of the sire’s wealthshould without doubt, be given, O Bharata, to the son of the Sudra wife.Compassion is one of the highest virtues. It is through compassion thatsomething is given to the son of the Sudra wife. Whatever be the objectin respect of which compassion arises, as a cardinal virtue it is alwaysproductive of merit. Whether the sire happens to have children (by hisspouses belonging to the other orders) or to have no children (by suchspouses), unto the son by the Sudra wife, O Bharata, nothing more than atenth part of the sire’s wealth should be given. If a Brahmana happens tohave more wealth than what is necessary for maintaining himself and hisfamily for three years, he should with that wealth perform sacrifices. ABrahmana should never acquire wealth for nothing.[295] The highest sumthat the husband should give unto the wife is three thousand coins (ofthe prevailing currency). The wealth that the husband gives unto thewife, the latter may spend or dispose of as she likes. Upon the death ofthe childless husband, the wife shall enjoy all his wealth. (She shallnot, however, sell or otherwise dispose of any portion of it). The wifeshould never take (without her husband’s knowledge) any portion of herhusband’s wealth. Whatever wealth, O Yudhishthira, the Brahmana wife mayacquire by gift from her father, should be taken (after her death) by herdaughter, for the daughter is like the son. The daughter, O king, hasbeen ordained in the scriptures, to be equal to the son, O delighter ofthe Kurus. Even thus hath the law of inheritance been ordained, O bull ofBharata’s race. Remembering these ordinances about the distribution anddisposal of wealth, one should never acquire wealth uselessly.’

“Yudhishthira said, ‘If the son born of a Sudra woman by a Brahmanafather has been declared in the scriptures to be disentitled to anywealth, by what exceptional rule then is a tenth part of the paternalproperty to be given to him? A son born of a Brahmana wife by a Brahmanais unquestionably a Brahmana. One born of a Kshatriya wife or of a Vaisyawife, by a Brahmana husband, is similarly invested with the status of aBrahmana. Why then, O best of kings, are such sons to share the paternalwealth unequally? All of them, thou hast said, are Brahmanas, having beenborn of mothers that belong to the three higher orders equally entitledto the name of regenerate.’

“Bhishma said, ‘O scorcher of foes, all spouses in this world are calledby the name of Data. Although that name is applied to all, yet there isthis great distinction to be observed. If, having married three wivesbelonging to the three other orders, a Brahmana takes a Brahmana wife thevery last of all yet shall she be regarded as the first in rank among allthe wives, and as deserving of the greatest respect. Indeed, among allthe co-wives, she shall be the foremost in consideration. In herapartments should be kept all those articles that are necessary in viewof the husband’s baths, personal decorations, washing of teeth, andapplication of collyrium to the eyes. In her apartments should be keptthe Havya and the Kavya and all else that the husband may require for theperformance of his religious acts. If the Brahmana wife is in the house,no other wife is entitled to attend to these needs of the husband. Onlythe Brahmana wife, O Yudhishthira, should assist in these acts of thehusband. The husband’s food and drink and garlands and robes andornaments, all these should be given by the Brahmana wife to the husband,for she is the foremost in rank and consideration among all the spousesof the husband. These are the ordinances of the scriptures as laid downby Manu, O delighter of the Kurus! Even this, O monarch, is seen to bethe course of eternal usage. If a Brahmana, O Yudhishthira, led by lust,acts in a different way, he shall come to be regarded as a Chandala amongBrahmanas.[296] The son born of the Kshatriya wife has been said to beequal in status to the son born of the Brahmana wife. For all that, adistinction attaches to the son of the Brahmana wife in consequence ofthe superiority of the Brahmana to the Kshatriya in respect of the orderof birth. The Kshatriya cannot be regarded as equal to the Brahmana womanin point of birth. Hence, O best of kings, the son born of the Brahmanawife must be regarded as the first in rank and superior to the son bornof the Kshatriya wife. Because, again the Kshatriya is not equal in pointof birth to the Brahmana wife, hence the son of the Brahmana wife takesone after another, all the best things, O Yudhishthira, among hisfather’s possessions. Similarly, the Vaisya cannot be regarded as theequal of the Kshatriya in point of birth. Prosperity, kingdom, andtreasury, O Yudhishthira, belong to the Kshatriya. All these have beenordained for the Kshatriya. The whole earth, O king, with her belt ofseas, is seen to belong to him. By following the duties of his own order,the Kshatriya acquires an extensive affluence. The sceptre of royalty isheld by him. Without the Kshatriya, O king, there can be no protection.The Brahmanas are highly blessed, for they are the deities of the verydeities. Following the ordinances laid down by the Rishis, the Kshatriyasshould worship the Brahmanas according to due rites. Even this is theeternal usage. Coveted by thieves and others, the possessions of all menare protected by Kshatriyas in the observance of the duties assigned totheir order. Indeed, wealth and spouses and every other possession ownedby people would have been forcibly taken away but for this protectionthat the Kshatriyas afford. The Kshatriya, as the king, becomes theprotector or rescuer of all the others. Hence, the son of the Kshatriyawife shall, without doubt, be held to be superior to him that is born ofthe Vaisya wife. The son of the Kshatriya wife, for this, takes a largershare of the paternal property than the son of the Vaisya mother.’

“Yudhishthira said, ‘Thou hast duly said what the rules are that apply toBrahmanas. What, however, are the rules that apply to the others?’

“Bhishma said, ‘For the Kshatriya, O delighter of the Kurus, two wiveshave been ordained. The Kshatriya may take a third wife from the Sudraorder. Such practice prevails, it is true, but it is not sanctioned bythe scriptures. Even this should be the order, O Yudhisthira, of thespouses of a Kshatriya. The property of a Kshatriya should, O king, bedivided into eight shares. The son of the Kshatriya wife shall take fourof such shares of the paternal property. The son of the Vaisya wife shalltake three of such shares. The remaining one or the eighth share shall betaken by the son of the Sudra wife. The son of the Sudra wife, however,shall take only when the father gives but not otherwise. For the Vaisyaonly one wife has been ordained. A second wife is taken from the Sudraorder. The practice prevails, it is true, but it is not sanctioned by thescriptures. If a Vaisya has two wives, one of whom is a Vaisya and theother a Sudra, there is a difference between them in respect of status.The wealth of a Vaisya, O chief of Bharata’s race, should be divided Intofive portions. I shall now speak of the sons of a Vaisya by a wife of hisown order and by one belonging to the inferior order, as also of themanner in which, O king his wealth is to be distributed among thosechildren. The son born of the Vaisya wife shall take four of such sharesof his father’s wealth. The fifth share, O Bharata, has been said tobelong to the son born of the Sudra wife. Such a son, however, shall takewhen the father gives. He should not take anything unless the fathergives it to him. The son that is begotten on a Sudra wife by persons ofthe three higher orders should always be regarded as disentitled to anyshare of the sire’s wealth. The Sudra should have only one wife takenfrom his own order. He can under no circumstances, take any other spouse.Even if he happens to have a century of sons by such a spouse, all ofthem share equally the wealth that he may leave behind. As regards allthe orders, the children born of the spouse taken from the husband’s ownorder shall, it has been laid down, share equally the father’s wealth.The eldest son’s share shall be greater than that of every other son, forhe shall take one share more than each of his brothers, consisting of thebest things of his father. Even this is the law of inheritance, O son ofPritha, as declared by the Self-born himself. Amongst children all bornof the spouse taken from the husband’s own order, there is anotherdistinction, O king! In marrying, the elder ones should always precedethe younger ones. The spouses being all equal in respect of their orderof birth, and the children also being all equal in respect of the statusof their mothers, the son that is first-born shall take one share morethan each of his other brothers. The son that comes next in point of ageshall take a share that is next in value, while the son that is youngestshall take the share that belongs to the youngest.[297] Thus amongspouses of all orders, they that belong to the same order with thehusband are regarded as the first. Even this is what was declared by thegreat Rishi Kasyapa the son of Marichi.’