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|その他のタイトル: ||On Women's Right of Inheritance and Strīdhana in Classical Hindu Law|
|著者: ||山崎, 利男|
|著者(別言語): ||Yamazaki, Toshio|
|掲載誌情報: ||東洋文化研究所紀要. 13冊, 1957-11, p. 189-206|
|抄録: ||This article is the last part of “On the Dāyābhaga in Classical Hindu Law,” which appeared in the last issue of this Journal.
The author, attempting to arrange the regulations of Classical Hindu Law in logical fashion and determine their legal nature and development, has come to the following conclusions:
1) The wife's right of succession to family property was first recognized in Y. and Vi., and in the third period this right was established.
In many legal writings the wife's share was fixed at the same amount as that of a male heir.
2) The daugher's share of inheritance was recorded after M., and in many cases it was one fourth of that of a male.
In some records it listed as a dowry.
3) The strīdhana, women's private property, included principally the gift made by a women's parents and bridegroom at the time of marriage, but in some writings it also included property of unmarried women (K. 901) as well as gifs received after marriage.
4) The strīdhana appears to have included living expenses (vrtti) and articles of adornment, but in N., B. and K. there were both a rule by which real property was included and another rule whereby it was not. N. did not recognize the disposal of women's real property, but K. did.
5) In the third period the property of women and that of men were clearly distinguished, especially in K. 911-914.
6) In principle strīdhana was inherited by a female heir, but in some writings it was divided evenly among male and female heirs, and according to Paithīnasi, male heirs had priority.
7) According to sources other than K. 919 and Devala, when there were no descendents, the husband or the woman's parents succeeded to strīdhana, dependent upon the form of marriage and upon who had provided the strīdhana in the first place.
(Abbreviations are as follows: The first period, Ap=Apastamba, Ga=Gautama, Va=Vāsistha, Ba=Baudhāyana. The second period, M=Manu, Y=Yājñavalkya, Vi=Visnu, ŚL=Śankhalikhita. The third period, N=Nārada, B=Brhaspati, K=Kātyāyana, Vy=Vyāsa, Hā=Hārita.)|