DOI Page / Citation link:
https://doi.org/10.11588/diglit.39769#0452
426
TH.E NINTH LECTURE.
for the well-being of the born), the sacrifice for the
male issue and the burnt sacrifice in case of the adoption
of a previously betrothed woman. The difficulty arises
from the author's conclusion that an adoption up to
the fifth year is valid, and it is also valid if the adop-
tion takes place before the tonsure deremoney. The
ceremonies mentioned are directed to be 'performed ordi-
narily by the natural father at or shortly after birth. But
how can this be in the case of an adoptive father who
is also required to preform them. Hence the difficulties.
Nanda Pandit gets over them by appealing to the
Ishtisomaya maxim* which in effect lays down that
when a difficulty arises with reference to the order
'in which an action is to be performed, reason a'nd
necessity should be consulted. He also appeals to
Adhikaranas 17th and 18th for the same purpose ; these
Adhikaranas authorizing the shifting of time in emphatic
temps by pointing out that because the birth ceremony
is to be performed* just on birth, it cannot be carried
out literally, for the child must have time to
breathe and suck the mother’s breast, before any
ceremony is to be performed, otherwise the result may
be fatal.
Allusion is a/so made ,bv Xanda Pandit to the
2nd Adhikarana of the 8th Chapter, Bk. X, which
lays down that in the Pashu Yaga the prohibition of
' the two offerings of*Ghee called Ajjyabhaga is merely
an Arthavada and not a real prohibition.
Xanda Pandit alludes to this maxim in discussing
the proposition that the rule prohibiting the marriage
of a person with a Sapinda girl, has no application to
the case of the marriage of the adopted son with a
TH.E NINTH LECTURE.
for the well-being of the born), the sacrifice for the
male issue and the burnt sacrifice in case of the adoption
of a previously betrothed woman. The difficulty arises
from the author's conclusion that an adoption up to
the fifth year is valid, and it is also valid if the adop-
tion takes place before the tonsure deremoney. The
ceremonies mentioned are directed to be 'performed ordi-
narily by the natural father at or shortly after birth. But
how can this be in the case of an adoptive father who
is also required to preform them. Hence the difficulties.
Nanda Pandit gets over them by appealing to the
Ishtisomaya maxim* which in effect lays down that
when a difficulty arises with reference to the order
'in which an action is to be performed, reason a'nd
necessity should be consulted. He also appeals to
Adhikaranas 17th and 18th for the same purpose ; these
Adhikaranas authorizing the shifting of time in emphatic
temps by pointing out that because the birth ceremony
is to be performed* just on birth, it cannot be carried
out literally, for the child must have time to
breathe and suck the mother’s breast, before any
ceremony is to be performed, otherwise the result may
be fatal.
Allusion is a/so made ,bv Xanda Pandit to the
2nd Adhikarana of the 8th Chapter, Bk. X, which
lays down that in the Pashu Yaga the prohibition of
' the two offerings of*Ghee called Ajjyabhaga is merely
an Arthavada and not a real prohibition.
Xanda Pandit alludes to this maxim in discussing
the proposition that the rule prohibiting the marriage
of a person with a Sapinda girl, has no application to
the case of the marriage of the adopted son with a