[an error occurred while processing this directive]
HinduNet
  
Forums Chat Annouce Calender DigiCards Recommend Remote Invites
[an error occurred while processing this directive]


Women In The Sacred Laws
Kulapati's Preface The Author
Foreword Prologue
The Dharma Sutras Contemporary Evidence
The Manu - Samhita The Later Law-Books
Digest On Hindu Law Espirit Des Lois
Major Sections

THE COMMENTARIES AND DIGESTS ON HINDU

The Viramitrodaya is in substantial agreement with the theory of the Mayukha. The Vivadatandava is against the narrow views of the Bengal school, whereas the Smrtichandrika states that the mother inherits whatever property will be counted as the Adhyagnika. The Dayabhaga, though giving absolute power to a woman over Stridhana does not enumerate the kinds of property, but only excludes certain kinds. Katyayana, however, definitely lists what kinds of property cannot be included in Stridhana. The property acquired by a woman by mechanical arts or given through affection by a stranger is to be excluded from Stridhana. The properties given to a woman at certain times, under certain conditions, as ornaments to be worn on festive occasions, or with a, fraudulent design, e.g., in order to cheat coparceners of their share of certain property under pretence that it had been given to a daughter, are to be excluded from it, and he limits the amount of Stridhana, in that it should not exceed two thousand annas in value, and all the immovable property cannot be included in it.58 This limitation of the amount of Stridhana is in substantial agreement with the views of Kautilya.

Thus in almost all the commentaries and digests the word Stridhana came to be used in a restricted sense, and did not cover the entire property of a woman. The inherited property and the immovable property are not under her full dominion. The husband shares the right with her. The Mitakshara states clearly that the husband can use the Stridhana under certain circumstances.

This notion was probably based and was developed on the texts of law codes avowing perpetual tutelage of women. Vijnanesvara states it clearly: 'Before marriage the father shall restrain a woman from wickedness, and after it the husband, failing him the sons, and in her old age the said relatives being deficient, the distant kinsmen; on failure of any relatives, the king, according to the text. If both the husband and father's races are extinct, let the king be the protector and guardian of a woman. Therefore women are not independent at anytime'. 59

Back ] Women In The Sacred Laws ] Up ] Next ]

Women In The Sacred Laws
About The Commentaries And Digests On Hindu
Page1
Page2
Page3
Page4
Page5
Page6
Page7
Page8
Page9
Page10
Page11
Page12
Page13
Page14
Page15
Page16
Page17
You are Here! Page18
Page19
Page20
Page21
Page22
Page23
Page24

[an error occurred while processing this directive]
More Information about HinduNet Inc.
Privacy Statement
The Hindu Universe is a HinduNet Inc., website.
Copyrighted 1994-2003, HinduNet Inc.