History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.t2.41.2

v4.c63.t2.41.2

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.