"'Yudhishthira said, "Thou art fully conversant with the ordinances of all
the scriptures. Thou art the foremost of those that are acquainted with
the duties of kings. Thou art celebrated over the whole world as a great
dispeller of doubts. I have a doubt, do thou explain it to me, O
grandsire! As regards this doubt that has arisen in my mind, I shall not
ask any other person for its solution. It behoveth thee, O thou of mighty
arms, to expound as to how a man should conduct himself who is desirous
of treading along the path of duty and righteousness. It has been laid
down, O grandsire, that a Brahmana can take four wives, viz., one that
belongs 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 desire
of sexual intercourse. Tell me, O best of the Kurus, which amongst those
sons deserves to inherit the father's wealth one after another? Who
amongst them, O grandsire, shall take what share of the paternal wealth?
I desire to hear this, viz., how the distribution has been ordained
amongst them of the paternal property."
"'Bhishma said, "The Brahmana, the Kshatriya, and the Vaisya are regarded
as the three regenerate orders. To wed in these three orders has been
ordained to be the duty of the Brahmana, O Yudhishthira. Through
erroneous judgment or cupidity or lust, O scorcher of foes, a Brahmana
takes a Sudra wife. Such a wife, however, he is not competent to take
according to the scriptures. A Brahmana, by taking a Sudra woman to his
bed, attains to a low end in the next world. He should, having done such
an act, undergo expiation according to the rites laid down in the
scriptures. That expiation must be twice heavier or severer if in
consequence of such an act, O Yudhishthira, the Brahmana gets offspring.
I shall now tell thee, O Bharata, how the (paternal) wealth is to be
distributed (among the children of the different spouses.) The son born
of the Brahmana wife shall, in the first place, appropriate from his
father's wealth a bull of good marks, and the best car or vehicle. What
remains of the Brahmana's property, O Yudhishthira, after this should be
divided into ten equal portions. The son by the Brahmana wife shall take
four of such portions of the paternal wealth. The son that is born of the
Kshatriya wife is, without doubt, possessed of the status of a Brahmana.
In consequence, however, of the distinction attaching to his mother, he
shall take three of the ten shares into which the property has been
divided. The son that has been born of the wife belonging to the third
order, viz., the woman of the Vaisya caste, by the Brahmana sire, shall
take, O Yudhishthira, two of the three remaining shares of the father's
property. It has been said that the son that has been begotten by the
Brahmana sire upon the Sudra wife should not take any portion of the
father'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 Sudra
wife, hence the one remaining share should be given to him out of
compassion. Even this should be the order of the ten shares into which
the Brahmana's wealth is to be divided. All the sons that are born of the
same mother or of mothers of the same order, shall share equally the
portion that is theirs. The son born of the Sudra wife should not be
regarded as invested with the status of a Brahmana in consequence of his
being unskilled (in the scriptures and the duties ordained for the
Brahmana). Only those children that are born of wives belonging to the
three higher orders should be regarded as invested with the status of
Brahmanas. It has been said that there are only four orders, there is no
fifth that has been enumerated. The son by the Sudra wife shall take the
tenth part of his sire's wealth (that remains after the allotment has
been made to the others in the way spoken of). That share, however, he is
to take only when his sire has given it to him. He shall not take it if
his sire does not give it unto him. Some portion of the sire's wealth
should without doubt, be given, O Bharata, to the son of the Sudra wife.
Compassion is one of the highest virtues. It is through compassion that
something is given to the son of the Sudra wife. Whatever be the object
in respect of which compassion arises, as a cardinal virtue it is always
productive of merit. Whether the sire happens to have children (by his
spouses belonging to the other orders) or to have no children (by such
spouses), unto the son by the Sudra wife, O Bharata, nothing more than a
tenth part of the sire's wealth should be given. If a Brahmana happens to
have more wealth than what is necessary for maintaining himself and his
family for three years, he should with that wealth perform sacrifices. A
Brahmana should never acquire wealth for nothing.[295] The highest sum
that the husband should give unto the wife is three thousand coins (of
the prevailing currency). The wealth that the husband gives unto the
wife, the latter may spend or dispose of as she likes. Upon the death of
the childless husband, the wife shall enjoy all his wealth. (She shall
not, however, sell or otherwise dispose of any portion of it). The wife
should never take (without her husband's knowledge) any portion of her
husband's wealth. Whatever wealth, O Yudhishthira, the Brahmana wife may
acquire by gift from her father, should be taken (after her death) by her
daughter, for the daughter is like the son. The daughter, O king, has
been ordained in the scriptures, to be equal to the son, O delighter of
the Kurus. Even thus hath the law of inheritance been ordained, O bull of
Bharata's race. Remembering these ordinances about the distribution and
disposal of wealth, one should never acquire wealth uselessly."
"'Yudhishthira said, "If the son born of a Sudra woman by a Brahmana
father has been declared in the scriptures to be disentitled to any
wealth, by what exceptional rule then is a tenth part of the paternal
property to be given to him? A son born of a Brahmana wife by a Brahmana
is unquestionably a Brahmana. One born of a Kshatriya wife or of a Vaisya
wife, by a Brahmana husband, is similarly invested with the status of a
Brahmana. Why then, O best of kings, are such sons to share the paternal
wealth unequally? All of them, thou hast said, are Brahmanas, having been
born of mothers that belong to the three higher orders equally entitled
to the name of regenerate."
"'Bhishma said, "O scorcher of foes, all spouses in this world are called
by the name of Data. Although that name is applied to all, yet there is
this great distinction to be observed. If, having married three wives
belonging to the three other orders, a Brahmana takes a Brahmana wife the
very last of all yet shall she be regarded as the first in rank among all
the wives, and as deserving of the greatest respect. Indeed, among all
the co-wives, she shall be the foremost in consideration. In her
apartments should be kept all those articles that are necessary in view
of the husband's baths, personal decorations, washing of teeth, and
application of collyrium to the eyes. In her apartments should be kept
the Havya and the Kavya and all else that the husband may require for the
performance 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. Only
the Brahmana wife, O Yudhishthira, should assist in these acts of the
husband. The husband's food and drink and garlands and robes and
ornaments, all these should be given by the Brahmana wife to the husband,
for she is the foremost in rank and consideration among all the spouses
of the husband. These are the ordinances of the scriptures as laid down
by Manu, O delighter of the Kurus! Even this, O monarch, is seen to be
the 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 among
Brahmanas.[296] The son born of the Kshatriya wife has been said to be
equal in status to the son born of the Brahmana wife. For all that, a
distinction attaches to the son of the Brahmana wife in consequence of
the superiority of the Brahmana to the Kshatriya in respect of the order
of birth. The Kshatriya cannot be regarded as equal to the Brahmana woman
in point of birth. Hence, O best of kings, the son born of the Brahmana
wife must be regarded as the first in rank and superior to the son born
of the Kshatriya wife. Because, again the Kshatriya is not equal in point
of birth to the Brahmana wife, hence the son of the Brahmana wife takes
one after another, all the best things, O Yudhishthira, among his
father's possessions. Similarly, the Vaisya cannot be regarded as the
equal of the Kshatriya in point of birth. Prosperity, kingdom, and
treasury, O Yudhishthira, belong to the Kshatriya. All these have been
ordained for the Kshatriya. The whole earth, O king, with her belt of
seas, is seen to belong to him. By following the duties of his own order,
the Kshatriya acquires an extensive affluence. The sceptre of royalty is
held by him. Without the Kshatriya, O king, there can be no protection.
The Brahmanas are highly blessed, for they are the deities of the very
deities. Following the ordinances laid down by the Rishis, the Kshatriyas
should worship the Brahmanas according to due rites. Even this is the
eternal usage. Coveted by thieves and others, the possessions of all men
are protected by Kshatriyas in the observance of the duties assigned to
their order. Indeed, wealth and spouses and every other possession owned
by people would have been forcibly taken away but for this protection
that the Kshatriyas afford. The Kshatriya, as the king, becomes the
protector or rescuer of all the others. Hence, the son of the Kshatriya
wife shall, without doubt, be held to be superior to him that is born of
the Vaisya wife. The son of the Kshatriya wife, for this, takes a larger
share of the paternal property than the son of the Vaisya mother."
"'Yudhishthira said, "Thou hast duly said what the rules are that apply to
Brahmanas. What, however, are the rules that apply to the others?"
"'Bhishma said, "For the Kshatriya, O delighter of the Kurus, two wives
have been ordained. The Kshatriya may take a third wife from the Sudra
order. Such practice prevails, it is true, but it is not sanctioned by
the scriptures. Even this should be the order, O Yudhisthira, of the
spouses of a Kshatriya. The property of a Kshatriya should, O king, be
divided into eight shares. The son of the Kshatriya wife shall take four
of such shares of the paternal property. The son of the Vaisya wife shall
take three of such shares. The remaining one or the eighth share shall be
taken 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 Vaisya
only one wife has been ordained. A second wife is taken from the Sudra
order. The practice prevails, it is true, but it is not sanctioned by the
scriptures. If a Vaisya has two wives, one of whom is a Vaisya and the
other 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 into
five portions. I shall now speak of the sons of a Vaisya by a wife of his
own order and by one belonging to the inferior order, as also of the
manner in which, O king his wealth is to be distributed among those
children. The son born of the Vaisya wife shall take four of such shares
of his father's wealth. The fifth share, O Bharata, has been said to
belong to the son born of the Sudra wife. Such a son, however, shall take
when the father gives. He should not take anything unless the father
gives it to him. The son that is begotten on a Sudra wife by persons of
the three higher orders should always be regarded as disentitled to any
share of the sire's wealth. The Sudra should have only one wife taken
from 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 of
them share equally the wealth that he may leave behind. As regards all
the orders, the children born of the spouse taken from the husband's own
order 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, for
he shall take one share more than each of his brothers, consisting of the
best things of his father. Even this is the law of inheritance, O son of
Pritha, as declared by the Self-born himself. Amongst children all born
of the spouse taken from the husband's own order, there is another
distinction, O king! In marrying, the elder ones should always precede
the younger ones. The spouses being all equal in respect of their order
of birth, and the children also being all equal in respect of the status
of their mothers, the son that is first-born shall take one share more
than each of his other brothers. The son that comes next in point of age
shall take a share that is next in value, while the son that is youngest
shall take the share that belongs to the youngest.[297] Thus among
spouses of all orders, they that belong to the same order with the
husband are regarded as the first. Even this is what was declared by the
great Rishi Kasyapa the son of Marichi."'"