व्यवहारमयूख (नीलकण्ठ भट्ट - पश्चिमी भारत की हिन्दू न्याय-संहिता एवं व्यवहार कोष)

S. IV. 5. 12-15
M. p. 56 l. 1-p 57 l. 5 ] ADOPTION 115
of the Nisāda¹ who is a chief (to perform Raudra sacrifice), the dictum
of the S'uddhiviveka, that the s'ūdra is not entitled to make the adoption
of a son, which is accompanied with homa² that is to be performed with
the Vedic mantras, is refuted. The homa with vedic mantras should,
however, be performed by him (by the s'ūdra who adopts a son) through
a brāhmaṇa, since Parās'ara (6 63--64) says :
He for whom a fast, a vrata (certain penance or act vowed to be
done), a homa, ablution at a holy place, muttering of prayers and the
like are performed by brāhmaṇas, secures the fruit (the merit)
thereof.
Smārta³ and Harinātha also say the same thing. As to what Parās'ara
himself says (12 39):
That brāhmaṇa, who for the sake of dakṣiṇā (gift of money or fee)
offers oblation into fire on behalf of a s'ūdra, would become a s'ūdra,
while the s'ūdra (for whom he offers) would become a brāhmaṇa
that, according to Mādhava,⁴ propounds that the merit of the rite goes to
the s'ūdra and the brāhmaṇa incurs sin.
Even a woman is entitled like the s'ūdra to adopt, since there is a text
'women and sūdras have the same rules of conduct' (prescribed for them).⁵
Vasiṣṭha⁶ (Dh S 15. 1--9) says "man produced from seed and blood
1 The Nisādasthapati-nyāya is a well-known one. Vide notes to V M p 181.
A Nisāda was the offspring of a brāhmaṇa from a s'ūdra woman (Manu X 8) and so
belonged to a mixed caste. In speaking of the Raudra iṣṭi (sacrifice), the Veda says that
a Nisāda sthapati should be made to perform that sacrifice. Jaimini (VI I. 25--28)
establishes that only members of the regenerate classes are authorised to perform vedic
sacrifices. Therefore a question arises whether niṣādasthapati (who is to perform Raudra
sacrifice) means the chief (sthapati) belonging to one of the three higher castes who rules
over nisādas or one who is a chief and also a nisāda. The conclusion is that on account
of the express words of the Veda, it is the chief of the nisāda caste who is meant, though
he is not authorised to perform Vedic rites in general. Vide Jaimini VI. 1 51. A
s'ūdra also on account of the express words of S'aunaka is entitled to adopt. The S'uddhi-
viveka is a work of Rudradhara, who flourished between 1425--1460 A. D. Vide 'History
of Dharmas'āstra' pp 805--807.
2 In Indramoni v Beharilal L R 7 I. A 24 (adoption among s'ūdras of Bengal)
it was said that dattahoma was not necessary among s'ūdras and that the latter may be
performed through the intervention of a brāhmaṇa. Vide also Ravji v. Lakshmibai 11
Bom 381 at p 393.
3 Smārta is an appellation of the great Bengal writer Raghunandana. The work
referred to is his Sambandhatattva. Harinātha is the author of a large digest on dharma-
s'āstra called Smṛtisāra. The text of Parās'ara and the Mayūkha thereon are quoted in
Atmaram v Madhorao 6 All 276 (F B) at p 281
4 Mādhava is the famous minister of the great Vijayanagara emperors Bukka and
Harihara, who wrote numerous works. The work here referred to is his commentary on
Parās'ara (Vol II part 2 p 20)
5 'Women and s'ūdras &c' -- Vide Manu IX 18 and Baud Dh S IV 5 4. This rule
applies only where a woman performed a religious act independently by herself. She was, how-
ever, authorised along with her husband to take part in vedic rites. Vide Jaimini VI 1 17.
6 The whole of this passage from Vasiṣṭha (except the last sūtra) is translated in
Ganga Sahai v Lekhraj 9 All 253 at p 300. The passage from 'man' to 'permission'
is quoted in Tulsi Ram v. Behari Lal 12 All 328 at p 338 and 30 Cal. 965 at p. 972.