Apasatambas views on Inheritance
By Surabhi Sheth
Summary
The Dharmasutras, as M. M. Kane notes, focus on rules of conduct, law, and custom, making them crucial for understanding early Indian social and religious norms. The Apastamba-Dharmasutra (AP-Dh. S.), from the Taittiriya school of the Black Yajurveda (c. 450–350 BCE), discusses inheritance extensively. Key points on Apastamba’s inheritance rules: • Timing of division: o Property should ideally be divided during the father’s lifetime. o All sons get equal shares except the eunuch, madman, or outcast. o The eldest son is to be “gladdened” with a choice portion of wealth (but not made sole heir). • Contrasts with other traditions: o Gautama suggests division usually after the father’s death but allows it in his lifetime if the mother is past child-bearing. o Other authorities (e.g. Baudhāyana, Manu) exclude even more categories (e.g. blind, diseased, those immersed in vice). o The excluded heirs must still be maintained by those who inherit. • Preferential share for eldest son: o Apastamba allows the eldest son a “choice” portion in addition to his equal share (but opposes making him sole heir). o He rejects the idea that the eldest is automatically entitled to the entire estate. o Other traditions give the eldest specific advantages (e.g. double share, choice animals or goods). • General principle: o Apastamba insists on equality among virtuous sons. o Unrighteous sons (even eldest) may be disinherited. • Legitimacy of heirs: o Only sons born of proper marriages (same caste, lawful union) who obey their parents’ moral expectations inherit. • Failure of male heirs: o If there are no sons, inheritance passes to the nearest sapinda (kin). o Failing sapindas, it may go to the spiritual teacher, then pupil (for religious use), then the daughter. o Ultimately, if no heirs exist, the king inherits. • On women’s inheritance: o Widows are not explicitly included among inheritors. o Daughters inherit only if no other heirs remain, showing they rank after male kin and religious heirs. • Wife’s share: o No division occurs between husband and wife, as they are spiritually united. o Some believe a wife's share is limited to gifts and ornaments from her own family.
Conclusion
The Apastamba-Dharmasutra presents a nuanced approach to inheritance that emphasizes equality among sons, with specific provisions for the eldest son and unrighteous heirs. It contrasts with other traditions by prioritizing the moral conduct of heirs over birth order. While it excludes women from direct inheritance, it acknowledges them in specific circumstances, such as the failure of male heirs. The inheritance rules reflect the early Indian focus on social hierarchy and spiritual legitimacy, where familial and moral duties shape inheritance more than mere biological relationships.