DOI Page / Citation link:
https://doi.org/10.11588/diglit.49827#0318
APPENDIX.
303
of a brother’s son is declared necessary, and the adoption
of a different person prohibited (where a brother’s son is
available). The filiation of a plurality of sons is approved
of, with a view to adoption being both a universally bind-
ing duty and a specially meritorious proceeding.
Chapter III.
Adoption of a son by a zooman with her husband’s
permission.
Uattalcanirnaya.— .... Giving or taking a son in Dattaka-
adoption is illegal in a woman, unless her husband give n“na!ia-
his consent to it.
Dattakatilalca.—Thus in the text, “ If amongst many
women, the wives of a single husband, one should have a
son, Mann has declared them all mothers of a son through
that son,” the term “ a single husband ” means “ the same
husband.” If amongst several wives of one and the same
husband, one should have a son, his other wives are
declared mothers of a son through that very son. There-
fore they (the other wives) are not entitled to adopt a son,
though the husband may have given them permission to
do so through love, or from another motive, because a per-
mission given by a man having no son is not worth any-
thing, according to the text, “ one sonless should be anxious
to adopt a son by all means, for the sake of the funeral
ball (pinda), water, and funeral rites, and for the preserv-
ation of his name.” By “ one sonless,” i.e., by a male
destitute of the likeness of a son. Not by a woman,
because she may neither give nor receive (a son in adop-
tion), as stated by Vasishtha—“Man formed of virile seed
and uterine blood proceeds from his mother and his father
(as an effect from its cause). (Therefore) both parents
have power to give, to sell, and to abandon him. Let
him not give or receive (in adoption) an only son. For
he (must remain) to continue the line of the ancestors.
Let a woman neither give nor receive a son except with
her husband’s permission.” The right of a woman to
adopt with her husband’s permission is secondary only ;
and it must not be said: The* mother also has
full power to give or receive a son, on failure of the father,
because the text “ both parents have power ” contains the
303
of a brother’s son is declared necessary, and the adoption
of a different person prohibited (where a brother’s son is
available). The filiation of a plurality of sons is approved
of, with a view to adoption being both a universally bind-
ing duty and a specially meritorious proceeding.
Chapter III.
Adoption of a son by a zooman with her husband’s
permission.
Uattalcanirnaya.— .... Giving or taking a son in Dattaka-
adoption is illegal in a woman, unless her husband give n“na!ia-
his consent to it.
Dattakatilalca.—Thus in the text, “ If amongst many
women, the wives of a single husband, one should have a
son, Mann has declared them all mothers of a son through
that son,” the term “ a single husband ” means “ the same
husband.” If amongst several wives of one and the same
husband, one should have a son, his other wives are
declared mothers of a son through that very son. There-
fore they (the other wives) are not entitled to adopt a son,
though the husband may have given them permission to
do so through love, or from another motive, because a per-
mission given by a man having no son is not worth any-
thing, according to the text, “ one sonless should be anxious
to adopt a son by all means, for the sake of the funeral
ball (pinda), water, and funeral rites, and for the preserv-
ation of his name.” By “ one sonless,” i.e., by a male
destitute of the likeness of a son. Not by a woman,
because she may neither give nor receive (a son in adop-
tion), as stated by Vasishtha—“Man formed of virile seed
and uterine blood proceeds from his mother and his father
(as an effect from its cause). (Therefore) both parents
have power to give, to sell, and to abandon him. Let
him not give or receive (in adoption) an only son. For
he (must remain) to continue the line of the ancestors.
Let a woman neither give nor receive a son except with
her husband’s permission.” The right of a woman to
adopt with her husband’s permission is secondary only ;
and it must not be said: The* mother also has
full power to give or receive a son, on failure of the father,
because the text “ both parents have power ” contains the