§ 3. The Householder In India: The Guest.
Dependence of sons during their father's life.
Sir Henry S. Maine in his Early Law and Custom[228] quotes Narada in illustration of the composition of the early Indian family. A son “is of age and independent in case his parents be dead: during their lifetime he is dependent, even though he be grown old.”
Further information on this subject is afforded by the Ordinances of Manu, where the position of the first-born with regard to his younger brothers is given at some length.[229]
His property divided amongst them at his death.
“Now the eldest (or best) alone may take the paternal property [pg 098] without leaving anything, and the remaining (brothers) may live supported by him just as (if he were their) father.”[230]
But special respect shown to the eldest son.
Likewise: “If among brothers born of one father, one should have a son, Manu said all those brothers would be possessed of sons by means of that son.”[231] But this seems to apply only to the son born to the eldest, for if a younger brother married before the eldest and performed the daily sacrifices, he sent himself, his brother, and his wife “to Hell.”[232]
The eldest, if he performs his duty, “causes the family to flourish” and “is most honoured among men.” He alone is “duty-born,” through him his father “pays his debt”; other sons are only “born of desire.” As long as his conduct is befitting, he must be honoured “like a father, like a mother,” but if not, he only receives the respect of an ordinary relative.[233]
The brothers may live together in this way,[234] but if they divide and live apart, the separate ceremonies necessitated by their separate households will multiply the performance of religious duties, to the advantage of all.
The duties of the householder.
The title of Householder, moreover, was more than a name.
“As all beings depend on air, so all orders depend on the householder.”
“Because men of the three (other) orders are daily supported by the householder alone with knowledge and with food, therefore [pg 099] the householder (is) the chief order. That order must be upheld strenuously by one desiring an imperishable heaven, and who here desires perpetual happiness....”
“The seers, manes, gods, beings, and guests also make entreaty to those heads of families for support. (This duty must, therefore,) be done by a man of discernment.”[235]
“As all rivers, ... go to (their) resting-place in the ocean, so men of all orders depend on the householder.”[236]
Let a householder perform the household rites according to rule with the marriage fire and the accomplishment of the five sacrifices and the daily cooking. The sacrifices are:—
Teaching the Veda is the Veda sacrifice:
Offering cakes and water is the sacrifice to the manes:
An offering to fire (is the sacrifice) to the gods:
Offering of food (is the sacrifice) to all beings:
Honour to guests is the sacrifice to men.
“Whoever presents not food to those five, the gods, guests, dependents, the manes, and himself, though he breathe, lives not.”[237]
Honour paid to the guest.
The guest takes a very high place, and his presence is a revered addition to the family sacrifices; so much so that it was thought necessary to state definitely that “if the guest appears after the offering to all the gods is finished, one should give him food as best one can, but should not make (another) offering.”[238]
The same virtue seems to have been considered by the Greeks also to lie in the presence of the guest. In Euripides' Elektra, Aigisthos, hearing from Orestes that he and his friend are strangers, promptly invites them to share as his ξυνέστιοι in his impending sacrifice of a bull to the nymphs, promising to send them on their way in the morning.[239]
Earlier in the play during the plotting of Aigisthos' death, it is taken for granted that directly he sees them he will call them thus to join him at the sacrifice and the feast.[240]
Alkinoos expresses the feeling of the Homeric age when he says:
“In a brother's place stand the stranger and the suppliant, to him whose wits have even a little range.”[241]
Nestor at Pylos, making sacrifice to Poseidon with his sons and company, welcomes the unknown Telemachos and Mentor to the sacrificial feast.[242] When the duty of feeding the guests has been satisfactorily accomplished, he then asks them whether they are merchants or pirates, that “wander over the brine at hazard of their own lives bringing bale to alien men!”
It would appear that the virtue lay in the hospitality of the host and not in the worthiness of the guest, and that therefore it was worth while to run the risk of having invited the presence of a polluted man whose impiety in not refusing to partake would doubtless fall on his own head.
Right of maintenance of the younger members of the family.
To return to the organisation of the Indian inheritance:—The duty of maintenance[243] of the younger members of the family devolves upon the eldest son at the death of his father. If the brothers are [pg 101] all “perfect in their own occupations,” and they come to an equal division, “some trifle should be given to the elder (brother) to indicate an increased respect for him.”[244] Also if in division there remains over an odd goat or sheep, or animal, it goes to the eldest brother.
If any brother has disgraced himself, he does not deserve a share in the property.[245]
Sisters' portions are allotted out of all the brothers' shares equally.[246]
Property is divided once only.[247] But if “on living together after being separated, they divide (the inheritance) a second time, in that case the division should be equal, (as) in that case no right of primogeniture occurs.”[248]
The father's wealth acquired during his lifetime is at his own disposal, and need not be divided amongst his sons.[249] Likewise with any property acquired by the sons.[250] If “any one of the brothers, being able (to support himself) by his own occupation, does not desire (his share of the) property,” he may be excluded from the division, but “something for his support” should be given him to discharge his claim of maintenance from the family at any future time.[251]