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https://doi.org/10.11588/diglit.49827#0171
156 THE LAW OF ADOPTION, HISTORICALLY CONSIDERED.
Lecture is very old, and corresponds exactly to the Indian
vn- Niyoga. Before passing to adoption in the proper sense of
the term, I will briefly refer to that special form of the
Niyoga by which tl?e son begotten in such intercourse is
made to belong to two families at the same time. The
annulment of the natural relation between the begetter
and his son might seem to be an essential feature of Niyoga.
Nevertheless, it was held by several writers that the son
of the wife (Kshetraja) presents the funeral oblations and
succeeds both to his natural father aud to the husband of
his mother.1 Others did not recognize the continuance of
the (Kshetraja) in his natural family, except when his beget-
ter had no other son than him,2 or where a special compact
to that effect had been made between the two fathers,3 or
where he had been begotten on a widow;4 or it was said
that the son of two fathers (Dvyamushyayana, Bijin) suc-
ceeds to half of the property only of each of his two
fathers.0 The case of the Dvyamushyayana might arise in
every kind of adoption, including the case of the appointed
daughter. Nevertheless, it is in connection with the Niyoga
that it was noticed most early and discussed most fully
by the Indian writers.
Adopted Of adopted sons in the proper sense of the term, the
the proper Smritis enumerate and describe five sorts—the son given
sense of (Datta, Dattaka), the made or artificial son (Krita, Kritrima),
the term. S()11 self-given (Svayamdatta), the son bought (Boita),
and the son cast-off (Apt|s.giddha, Apagiddhaka). Both the
son self-given and the son cast-off are such as, being in dis-
tress and deprived of the assistance of their parents and
other relations, have offered themselves in adoption to a
stranger; they take a very low rank in the order of sons
with most writers, and so does the son bought, who, of
course, could hardly have been rated more highly than a
purchased slave. There exists a trace of the artificial son
(Kritrima), having been originally acquired by means of a
Active purchase.6 The (Kritrima) form of adoption, as des-
cribed in the Smritis, may be compared in some respects
to the arrogatio, or adoption of adult persons, and in other
respects to the ad'bptio minus plena, or partial adoption
of Roman Law. The Dattaka form consists of the solemn
1 Baudhayana II. R. 3, 18-19 ; Uganas (quoted by Cankhalikhita) ;
Katyayana.
2 Yajnavalkya II. 127. 3 Mann IX. 53. 4 Harita.
5 Narada XIII. 23. 0 Mitaksliara I. 11, 17 note.
Lecture is very old, and corresponds exactly to the Indian
vn- Niyoga. Before passing to adoption in the proper sense of
the term, I will briefly refer to that special form of the
Niyoga by which tl?e son begotten in such intercourse is
made to belong to two families at the same time. The
annulment of the natural relation between the begetter
and his son might seem to be an essential feature of Niyoga.
Nevertheless, it was held by several writers that the son
of the wife (Kshetraja) presents the funeral oblations and
succeeds both to his natural father aud to the husband of
his mother.1 Others did not recognize the continuance of
the (Kshetraja) in his natural family, except when his beget-
ter had no other son than him,2 or where a special compact
to that effect had been made between the two fathers,3 or
where he had been begotten on a widow;4 or it was said
that the son of two fathers (Dvyamushyayana, Bijin) suc-
ceeds to half of the property only of each of his two
fathers.0 The case of the Dvyamushyayana might arise in
every kind of adoption, including the case of the appointed
daughter. Nevertheless, it is in connection with the Niyoga
that it was noticed most early and discussed most fully
by the Indian writers.
Adopted Of adopted sons in the proper sense of the term, the
the proper Smritis enumerate and describe five sorts—the son given
sense of (Datta, Dattaka), the made or artificial son (Krita, Kritrima),
the term. S()11 self-given (Svayamdatta), the son bought (Boita),
and the son cast-off (Apt|s.giddha, Apagiddhaka). Both the
son self-given and the son cast-off are such as, being in dis-
tress and deprived of the assistance of their parents and
other relations, have offered themselves in adoption to a
stranger; they take a very low rank in the order of sons
with most writers, and so does the son bought, who, of
course, could hardly have been rated more highly than a
purchased slave. There exists a trace of the artificial son
(Kritrima), having been originally acquired by means of a
Active purchase.6 The (Kritrima) form of adoption, as des-
cribed in the Smritis, may be compared in some respects
to the arrogatio, or adoption of adult persons, and in other
respects to the ad'bptio minus plena, or partial adoption
of Roman Law. The Dattaka form consists of the solemn
1 Baudhayana II. R. 3, 18-19 ; Uganas (quoted by Cankhalikhita) ;
Katyayana.
2 Yajnavalkya II. 127. 3 Mann IX. 53. 4 Harita.
5 Narada XIII. 23. 0 Mitaksliara I. 11, 17 note.