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

S. IV. 5. 22-23 ] ADOPTION 123
M. p 59 ll 17-36 ]
( even after adoption ), Piṇḍa ( in Manu ) means, according to Medhā-
tithi, Kullūka and others, śrāddha and the rites after death. Others say
that piṇḍa means the sapiṇḍa relationship and svadhā means obse-
quial rites, śrāddha and the like Really speaking, just as in the text 'one who
has male issue and whose hair are black may consecrate the sacred fire ' a
particular stage of life ( age ) is indicated ( and the words are not to be
taken literally ) or just as in the passage ' he ( the priest ) measures half
outside and half inside the vedi ( altar ) ' a certain region ( for planting the
sacrificial post ) is indicated, similarly¹ here also ( in Manu 9 142 ) the
words gotra, riktha, piṇḍa and svadhā indicate all consequences what-
ever in relation to the natural father and the rest that are brought about by
( their ) connection with the pinda and this passage conveys ( by those
words ) the cessation of all those ( consequences ). From this follows also
the cessation of the relation ( of the boy given in adoption ) to his full
brothers, paternal uncle and the rest Therefore² also the son born of
the kevala dattaka ( simple adopted son ) should perform the sapiṇḍī-
karana, the pārvanas'rāddha and the like rites of his father ( who was
adopted ) in conjunction with the adopter alone ( and not with the natural
father ) Similarly his son also ( i e the grandson of the adopted man )³

1. The passage of the Mayūkha from this place to the words ' paternal uncle and the
   rest ' is quoted in Laxmipatirao v Venkatesh 11 Bom 915 at p. 330 for the proposition that
   the connection of the adopted boy with the natural family is severed except for marriage up
   to certain degrees. In Padma Coomar v Court of Wards 8 I A 229 at p. 216 it was held
   that an adopted son succeeds linearly as well as collaterally and in Kali Komul v Umashan-
   kar 10 I A 138 it was held that an adopted son succeeds to the brother of his adoptive
   mother, vide Dattatraya v Gangabai 46 Bom 511 for a similar proposition But in Bhau-
   saheb v. Ramgauda 25 Bom L R 813 it was held that a person who is adopted into another
   family cannot succeed to the property of his maternal grandfather in his natural family.
2. This sentence is quoted in 11 Bom L R. 797 at p 809 (=33 Bom 669)
   3 Nīlakaṇṭha does not approve of the literal and forced interpretations of piṇḍa and
   svadhā given by others Nīlakaṇṭha as is often the case cites two illustrations from the
   Pūrvamīmāṁsā Consecration of sacred fires is enjoined in such Vedic passages as ' a
   brāhmaṇa should consecrate fires in spring &c ' There is the passage ' one who has had
   sons and who has black hair &c ' As consecration of fires has already been ordained, this
   passage only prescribes some detail about it. If the passage be construed literally as laying
   down both conditions ( having sons and having black hair ), there would be two vidhis in one
   sentence ( i e there would be vākya-bheda) which is a blemish ( vide above p 121n 2) A man
   may have no son till his hair turns grey and then he cannot consecrate fires if the literal
   sense were taken So by lakṣaṇā ( by indication ) all that the two words mean is that
   vigorous manhood is the time for consecration of fires ( i e one must not be a mere youth
   nor old ) Lakṣaṇā, which is only a fault ( if any ) of words is to be preferred to vākya-
   bheda which is a fault of sentence Similarly the words ' he measures half inside &c ' are
   not to be taken literally, but only as indicating the region where the post is to be planted.
   Vide Jaimini III 7 13-14 and notes to V M pp 190-191 So in Manu's verse the
   words piṇḍa, svadhā and the rest are not to be taken literally There is on adoption not
   only severance from the natural father as regards gotra, estate, piṇḍa, but there is a
   severance for all purposes with the natural father's family. S'rāddhas are subdivided in