Originally posted by: Chiillii
Arthashastra manusmriti etc are all pretty clear on inheritance
If two sons eldest gets family name and half of the property. While younger gets second half.
If three sons then eldest gets family name and half while remaining two sons get 1/4 each.
If more than 3 sons then again eldest gets half and family name while remaining sons get equal portion of remaining half.
Daughters do not get a share in wealth
A man is supposed to earn and keep aside 1/5 of wealth for taxes, 1/5 of wealth for charity. But if he had a daughter then the 1/5 of wealth kept for charity was to be given to daughter's husband during marriage (the root cause of dowry problem in India)
Remember Rama the Purshottam rule follower divided the kingdom into 2 and gave half each to lava and kusa.
If eldest takes the entire property then he has to accept his younger brothers as his son it becomes his responsibility to earn and arrange for wealth for all his brothers. Rama when he became King of Ayodhya he gave the territory conquered from Tadaka to Lakshmana, since Bharat recieved maternal kingdom as inheritance Rama gave his army to Shatrughana to conquer Mathura and take it over.
So Duryodhan never had full rights on Hastinapur as per Arthashastra and manusmriti he only had half. Remember Yudhishtir had 5 brothers who lived with him as his sons. Draupadi as common wife prevented the split in IP or brothers moving out to become kings
The problem in case of Yudhishtir and Duryodhan was that Pandu had been King and Dhritrashtea was never made a king and Yudhishtir was older.
A split would have happened in HP even if Pandu lived where after Duryodhan was born Pandu would have had to give him half of kuru territory.
The above is as per Arthashastra.
Chandravanshi followed a different rule.
King decides the next king. Whether it was his eldest son or younger or adopted. This was so from the time of Yayati. Yayati chose the third son. Bharat adopted. Santanu was youngest son.
Pandu died without declaring Yudhishtir Yuvaraj. Bhishma Drona Kripacharya (the elders of family didn't want him to be Yuvaraj they wanted Duryodhan. They hoped Pandu would adopt Dury. But Pandu did Niyoga because he didn't want Dhritrashtra's son.) hence the fight.
OK thanks for clarification,
@Bold I think even Duryodhan took his younger brothers (how so many they were) as his sons and therefore there was no talks about the division of his side of the kingdom.
So going by this law Duryodhan had the complete right of the Kuru lineage (family name) and half the kingdom while Yudhisthir had the right to other half without family name. Something how it happened after the partition (although Yudhisthir got lesser than what he deserved)
@Bold italics that's what their point was probably. A person seated on the throne is the king there is no doubt about it whether or not rituals were performed is immaterial.(Not sure how true this is)
Now since the king had the right to declare a Yuvaraj, he had full rights to appoint his son as one.
IMO even if we deny that logic, Pandu had not declared anyone as Yuvaraj, Dhritrashtra was given all the rights and duties of the king(irrespective of if he was or wasn't the king) and since the declaration of Yuvaraj was the duty/right of the king, I think Dhritrashtra had those irrespective of his actual status because no limit was prescribed to his rights/duties.
CE doesn't have Yuvarajabhishek of Yudhisthir so it's not like Dhritrashtra had promised/made him the same. Till the time of partition the claim of Duryodhan seems pretty strong to me (now after reading your inputs it seems stronger than that of Yudhisthir)
The actual issue then I think was the activities of Duryodhan post dice game (not just Pandav humiliation but also later denial of Indraprasth return etc.)
@last line but obviously Yudhishtir was born before Duryodhan right. Then how could they expect Pandu adopting Dury? The birth of Yudhisthir should have made them confirm about Pandu's intentions. Can't believe that people like him didn't know that Kunti had a child.
I don't dislike Bheeshm but I guess he should have raised Dury with an idea that Dury might not inherit the kingdom/will have to share it (unless Of course HRM's conspiracy theory is true and Bheeshm wanted a bloodbath and destruction of Kuru clan)
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