Jaina Law Bhadrabahu Samhita

SR No.: 011057
Original Sutra Author: N/A
Author: J L Jaini
Publisher: ZZZ Unknown
Total Pages: 146
Language: English
Classification: Book_English
File Size: 5 MB

Page 128

114
APPENDIX B.
The words are presencia, whether there is a son or not, seem to indicate that a Jaina widow's rights are not limited to the estate of a Bonless man.
The language of Shloka 14 of Vardhamana Niti has the same significant phrase. The Shloka is given above at page 58 It says:
If the lady is good, she shall become the owner of all the property of her deceased husband ; and, whether there is a son or not, she shall have full powers like her husband." The words italicised are represented in the original by सति पते पवासति, nearly the same phrase as in Shloka 53 of Arhana Niti.
Bhadrabahu Samhita also, in Shloka 4, says :पित्रोद्धं भ्रातरस्ते समेत्य वसु पैत्रिकम् ।। विभजे रनं समं सर्व जीवितो पितुरिच्छया ॥४॥
“On the death of father and mother, all these brothers get together the patrimony and divide it equally among themselves, But during the lifetime of the father (the brothers take only) according to the desire of the father."
The phrase employed is fontos, after the father and mother. Both the parents stand between the faces or family property and the sons taking it, indicating that the widow is as heir prior to the sons. The latter part of the Law that during the lifetime of the father, the brothers take only what the father gives, is reminiscent of the atmosphere of Patria potestas and the Peculiam of Roman Law. But to turn back to the position of the widow as heir.
The prioritiy of a widow to the son as an heir to her kugband is a very remarkable divergence from the Hindu Law on the point. The Mitakshra lays down the law as follows:
पनी दुहितरश्चैव पितरौ भ्रावरस्तथा । तत्सुता गोत्रजा बन्धुशिष्यसब्रह्मचारिणः॥