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XV[1]
1. Now there are twelve kinds of sons.
2. The first is the son of the body, viz. he who is begotten (by the husband) himself on his own lawfully wedded wife.
3. The second is the soil begotten on a wife, viz. one begotten by a kinsman allied by funeral oblations, or[1] by a member of the highest caste, on an appointed (wife or widow).
[XV. 1-29. M. IX, 127, 136, 158-181; Y. II, 127-132; Gaut. XXVIII, 18, 19, 32, 33; Colebrooke, Dig. V, 4, CLXXXV; V, 4, CCXV.--28-30. Colebrooke, Dig. V, 4, CCXCIX.--30. M. IX, 163.--31. Colebrooke, Dig. V, 3, CCCXXVII.--32-34. M. IX, 201-203; Y. II, 140, 141; Gaut. XXVIII, 43, 44.--32. Âpast. II, 6, 14, I.--34-38. Colebrooke, Dig. V, 5, CCCXXVII.--40. M. IX, 180; Y. II, 132.--41, 42. M. IX, 182, 183.--44. M. IX, 138; Colebrooke, Dig. V, 4, CCCII.--45-47. M. IX, 106, 137, 139. Of Chapters XV and XVII an excellent translation has been published by Dr. Bühler in the Bombay Digest (1, 1 338-343). I have followed him literally almost throughout.
3. 1 I have translated the reading votpâditah, which was no doubt {footnote p. 62} the reading of Nandapandita, as he paraphrases the whole clause as follows, 'begotten by an elder or younger brother of the husband; on failure of such, by a kinsman allied by funeral oblations on failure of him, by one belonging to the same gotra (race) as the husband; on failure of him, by one descended from the same Rishi ancestors as he; on failure of him, by a member of the highest caste, i. e. a Brâhmana.' The above reading is also found in the London MS. of the text and in the two Calcutta editions. Dr. Bühler's MS., in which Nand.'s Commentary on this chapter is wanting, has kotpâditah, and he translates accordingly, 'begotten by a kinsman . . ., who belongs to the highest caste.' The same reading is found in a quotation contained in Gagannâtha and Colebrooke's Dig. loc. cit. (I quote from a very good though fragmentary Bengali MS. in my possession), where, however, this clause runs as follows, niyuktâyâm savarnena kotpâditah, 'begotten by a man of equal class on a widow duly appointed,' Colebrooke. The other Smritis do not speak of the appointment of others than kinsmen to beget a son on a widow, or wife of a eunuch, &c., unless Yâgñavalkya's words (II, 128) sagotrenetarena vâ, 'by a Sagotra or by another,' may be rendered, contrary to Vigñânesvara's interpretation, by 'a kinsman or one who is no kinsman.']
4. The third is the son of an appointed daughter.
5. She is called an appointed daughter, who is given away by her father with the words, 'The son whom she bears be mine.'
6. A damsel who has no brother is also (in every case considered) an appointed daughter, though she has not been given away according to the rule of an appointed daughter.
7. The son of a twice-married woman is the fourth.
8. She who, being still a virgin, is married for the second time is called twice married (punarbhû).
9. She also is called twice married (punarbhû) who, though not legally married more than once, has lived with another man before her lawful marriage.
10. The son of an unmarried damsel is the fifth.
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