History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.t2.41
History of Dharmaśāstra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.t2.41
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v4.c63.t2.41.1
*Ceremonies of Adoption.*—The most essential ingredient in adoption is the giving of the boy by the natural father and the taking of the boy by the adopter with the intention to transfer the boy to the family of the adopter. Another requisite (in some cases) is the homa called *dattahoma*¹³⁰¹ which as described by Śaunaka and Baud. is given¹³⁰² in the Appendix. It is not necessary that the *dattahoma* must be performed immediately after the giving and taking, but it may be performed later and its performance may be delegated to others when the giver or taker is a widow or a śūdra or is ill &c. Although in Vedic times women composed hymns and although Hārīta and Yama stated that women had the upanayana performed on them and could study the Veda (H. Dh. vol. II pp. 293-295), in later times it was held that women could not study the Veda, could not repeat Vedic mantras and therefore could not perform any homa (including *dattahoma*). Therefore some writers said that a widow could not adopt at all, while others like the V. Mayūkha said that women are to be assimilated to śūdras and so just as a śūdra can get the dattahoma performed through a brāhmaṇa, so a widow, though she cannot herself engage in homa, may employ a brāhmaṇa to perform the dattahoma. Vide H. Dh. vol. II. pp. 365-368 (for deterioration in the position of women), and note 1262 above and V.
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Mayūkha quoted below.¹³⁰³ It has been held that the *dattahoma* is not¹³⁰⁴ necessary among twice-born classes if the boy to be adopted belongs to the same gotra as that of the adoptive father. Jolly (in T. L. L. p. 160) states that the Dattakadarpaṇa refers to a text of Yama from the Sarasvatīvilāsa to the effect that *homa* is not absolutely essential in all cases. From Colebrooke's Digest V. 4 CCLXXIII it appears that Jagannātha held the same view. The Dharmasindhu remarks that in certain countries an adoption of a sagotra sapiṇḍa boy can be validly effected with the mere assent of the giver and adopter without Vedic ceremonies. There is a good deal of conflict in the case law on this point, which is passed over. Among śūdras no *homa* is necessary. The ceremony of adoption as described by Baud. gṛ. śeṣasūtra II. 6. 4-9 (which is probably the oldest on record and which was the one to be followed by the Taittirīyas or followers of the Black Yajurveda, according to D. M., Saṁ. K. p. 177 and the Dharmasindhu p. 161) is as follows: When about to take (in adoption) the adopter makes ready (or collects) the following viz. two pieces of cloth, two ear-rings, a finger ring, an ācārya (officiating priest) who is well versed in the Veda, a bundle of kuśa grass, fuel sticks of palāśa (Butea Frondosa). Then in the midst of invited relatives, after informing the ruler, he serves food to brāhmaṇas in the assembly hall or in the middle of the house.
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He (the adopter) makes (the brāhmaṇas) pronounce the benedictions 'May the day be auspicious! May you fare well! May there be prosperity!' and performs the acts (usual in all homas) from drawing lines on the altar up to carrying forward the Praṇītā water. Vide H. of Dh. vol. II pp. 209-212 for the procedure common to all homas. Then he goes into the presence of the giver and begs of him ‘give me your son’. The other one (the giver) says ‘I give’. He (adopter) then takes hold of the boy with the words ‘I accept thee for the continuity (of my family)’. Then he decks (the boy) with the pieces of cloth, the ear-rings, the finger ring and performs the acts from laying fuel sticks round the altar up to the offering of oblations into fire; he offers boiled rice into fire with the mantra ‘yastvā hṛdā’ (Rg. V. 4. 10 or Tai. S. I. 4. 46. 1) as a *puronuvākyā*¹³⁰⁵ (prayer of invitation) and with the mantra ‘yasmai tvaṁ sukṛte’ (Rg. V. 4. 11, Tai. S. I. 4. 46. 1) as a *yājyā* (prayer of worship or offering). Then having offered oblations of clarified butter with the vyāhṛtis¹³⁰⁶ he performs the acts from the offering to Agni Sviṣṭakṛt down to the giving of the cow and presents. He (the adopter) gives as dakṣiṇā (fee) to the priest these very pieces of cloth and rings (with which the boy was decked).