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Yajnavalkya-smriti (Vyavaharadhyaya)—Critical study

by Kalita Nabanita | 2017 | 87,413 words

This page relates ‘Proprietary right of women� of the study on the Vyavaharadhyaya of the Yajnavalkya-smriti: one of the most prominent Smritis dealing with Dharmashastra (ancient Indian science of law), dating to the 1st century B.C. The Yajnavalkyasmriti scientifically arranges its contents in three sections: Acara (proper conduct), Vyavahara (proper law) and Prayashcitta (expiation). Vyavahara deals with judicial procedure and legal system such as substantive law and procedural law.

Go directly to: Footnotes.

Chapter 3.5b - Proprietary right of women

The ղⲹⲹ marks the development of the proprietary right of women. ñⲹ has entitled daughter, widow, mother, and wife with the right of inheritance that probably paved the way for women to become heirs today, in modern society. Before him, the ѲԳܲṛt has not admitted wife and daughter in the list of heirs of a sonless person.[1] ñⲹ places wife and daughter at the top of the list of the heirs of a sonless deceased, and after them along with father, mother is admitted to the order of succession.[2] Mother is allowed to be the partaker of an equal share to that of her son when property is divided after the death of the father.[3] The wife is endowed with a share equal to the sons, if her husband himself makes a distribution of his self-acquired property. The share is allotted to compensate the women in case she is not the recipient of ٰī󲹲Բ from husband or father-in-law.[4]

The Ѿṣa commentary shows that wives are not denied a share in her husband’s property even if they have received ٰī󲹲Բ, in that case they are allotted half of the share.[5] Therefore, while providing the share, the wealth received from father’s family does not act as a hindrance. After the death of the father, the unmarried sister is entitled to get a fourth part of brother’s share to be disposed of in marriage.[6]

Footnotes and references:

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[1]:

ѲԳܲṛt, 9.185-187

[2]:

ñⲹsmṛti, 2.125

[3]:

Ibid., 2.123

[4]:

yadi kuryātsamānaṃśānpatnya� samāṃsikā�/ na 岹ٳٲ� ٰī󲹲Բ� bhartrā vā śvaśureṇa vā// Ibid., 2.115

[5]:

datte tu strīdhane ardhāṃśa� vakṣati-date tvardha� prakalpayet iti/ Ѿṣa, Ibid.

[6]:

ñⲹsmṛti, 2.124

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