UTokyo Repository >
132 東洋文化研究所 >
|その他のタイトル: ||On the Dāyabhāaga 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. 12冊, 1957-03, p. 107-160|
|抄録: ||The term “Classical Hindu law” refers to the legal regulations recorded in the Dharmaśāstra, which was written some time during or prior to the eighth century.
The history of the development of this law may be divided into the three following periods.
1. Period of the Dharmasutras
2. Period of Manu, Yājñavalkya, Visnu, and Śankha-Likhita
3. Period of Nārada, Brhaspati, Kātyāyana, Vyāsa, etc.
In the Dāyabhāaga, the father was recognized as the head of the family.
In the first period the father had legal possession of practically all his family's property except the strīdhana, but in the second and third periods possession of private property by other members of the family was recognized in certain cases, and such property was clearly distinguished from family property.
Accordingly, in the case of debts or obligations according to family property, the entire family was responsible, whereas in the case of those accruing to private property only the individual owner was responsible.
The males in a family each was entitled to a share of the family property, and a son could in principle take his share and set up an independent household.
This was even done while the father was still alive, but in such cases the father's permission was necessary, and the father decided the amount the son was to receive.
The father's authority ceased with his death, and family property was simply divided among the male survivors, unless, of course, the family remained intact under the leadership of a new patriarch.
The successor to the patriarch had to be a male.
(In the second and third periods wives or daughters were recognized as successors to the patriarch, but this is a problem which must be dealt with in more detail in a future article.)
In principle, each male heir had an equal share of the family property, but it is also recorded that the eldest son had priority.
Uddhāra was rare after the Code of Manu.|