Women, Grammar, & the Law

Abstract

This paper examines a debate concerning whether sisters can inherit property, found in Dharmaśāstra works from the 16^th to the 19^th century and also discussed in Anglo-Hindu law courts. It focuses on the use of a Pāṇinian grammatical rule to interpret the plural bhrātaraḥ “brothers,” to mean “brothers and sisters.” This interpretation is found, perhaps most strikingly, in the Lakṣmīvyākhyā, an 18^th century Dharmaśāstra commentary composed by a woman. Over time, the authorship of this treatise has been alternately disputed and re-affirmed, its contents championed and disparaged — depending on whether or not it was believed to have been composed by a woman or a man. Nevertheless, it is an important and influential link that shaped how ancient Dharmaśāstra rules were imported into Anglo-Hindu law, and it forms a fascinating case study into the intersection between philology, religion, and society.