History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.t2.41.1

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.