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

who is not the eldest ¹ while as regards accepting (a son) all to whom either
no son was born or whose son is dead (have power) women whose hus-
bands are alive (are entitled to adopt) with the permission of their hus-
bands, failing husbands (women can adopt) with the permission of the
(husband's) father and the rest ² In the case of s'ūdras a daughter's son
or a sister's son must be taken in adoption and not any one else, while by
men of other classes a near sapiṇḍa (should be adopted) failing him a
remote sapiṇḍa (may be adopted) but not one belonging to another caste
The donor on the day of adoption having recalled the time (the year
month tithi &c) and having made the saṅkalpa (the religious and solemn
declaration) I shall make a gift of my son for bringing about a cessation of
those various consequences that are due to the relationship of father and son
and the like mutually subsisting between me and others (on the one hand)
and this son (on the other) and for the creation of those various conse-
quences due to the various mutual relationships such as that of father and
son and the like between the adopter and others (of his family on the one
hand) and this boy (on the other) *should perform the worship of Gaṇes'a
svastivācana the worship of the Mātṛs and Vṛddhis'rāddha ³ The adopter
having observed a fast on the day previous to the day (fixed) for adoption
having summoned his relatives on the next day (after the fast) having in-
formed the ruler of the (intended) adoption of a son having recalled the time
(year &c.) having made the saṅkalpa I shall adopt a son for bringing
about the cessation of the various relationships of father and son and the like
mutually subsisting between this boy who is going to be taken (in adoption)
and his natural father and others and for⁴ the creation of those various
consequences (or obligations) that are due to the various mutual relation-
ships of father and son and the like between us and ours (on the one hand
and this boy on the other) and having performed with (an appropriate)
saṅkalpa (in each case) the worship of Gaṇes'a svastivācana, the worship
of the Mātṛs Vṛddhis'rāddha the choosing of an ācārya (priest for the cere-
mony) and the honouring of the ācārya with ear rings ring two garments a
turban madhuparka⁵ and the rest should feast three brāhmaṇas and his re-
latives Then the ācārya having made the saṅkalpa I shall perform my
duties (in this rite) having performed the rites commencing with the mark
ing out of lines on the altar and ending with the consecration of the fire
(on the altar), having repeated (the texts) up to (including) cakṣuṣī ājyena
1 In Vyas Chimanlal v Vyas Ramchandra 21 Bom 867 at p. 877 Stoke translation
all having sons may give in adoption on who is not the eldest is preferred to Mandlik's p.63
2. This passage corroborates the criticism contained in p 118n.1 of the decision in Bhima
Lal v Gurunathgouda 35 Bom L. R 200 (1 C.)
3. For svastivācana and the mātṛs vide above p 56n1 and p 48 The vṛddhis'rāddha is
performed when there is an addition to the family or on a joyful occasion (like marriage)
4 This clause is quoted in Kalgauda v Somappa 11 Bom. L. R. 797 at p. 812.
5. Madhuparka was an offering of honey and curds made to an ācārya after he is chosen
for a rite or to an honoured guest such as a king son-in-law father in law maternal or pater
nal uncle &c
P 121 (text)