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History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v2.c26.170.1

History of Dharmaśāstra (Ancient and Mediaeval Religious and Civil Law in India) v2.c26.170.1

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English

v2.c26.170.1

About the sapiṇḍa relationship of the adopted son as regards marriage, āśauca and śrāddha a good deal is said in many works such as Saṁ. K. (pp. 182-186), Nirṇayasindhu (pp. 290-291), the Vyavahāramayūkha, the Saṁ. Pr. (pp. 688-694), Saṁ. R. M. (pp. 453-456). Sāpiṇḍya for āśauca and śrāddha will be dealt with later on. As to sāpiṇḍya for marriage in the case of adoption there is great divergence of views. The Saṁ. Pr. (p. 690) says that the son given in adoption has sāpiṇḍya for seven generations with his genitive father and for three generations with the adoptive father (pp. 693-694).¹¹⁰³ The Saṁ. K. appears to hold, after quoting several views, that if the upanayana of the adopted boy was performed in the family of birth, then he has sāpiṇḍya with the genitive family for seven generations. But if the ceremonies from jātakarma to upanayana are performed in the adoptive family then he has sāpiṇḍya in the adoptive family for seven generations, but only for five generations if only upanayana is performed in the family of adoption. The Nirṇayasindhu gives its own view that there is sāpiṇḍya in both families for seven generations. The Vyavahāramayūkha holds (following Gautama IV. 3) that in the case of *kevala dattaka* (the ordinary adopted son) sapiṇḍa relationship extends to seven degrees in the adoptive father's family and five degrees in the adoptive mother's family.¹¹⁰⁴ The Dharmasindhu follows the Saṁ. K. generally but it makes one significant remark.