VYA W ASTHA-DARPANA. Sር? unless the impurity or disability caused by such disease (which is the sign of crime) be removed by penance.” But to authorise his wife to adopt, he is not indispensably required to perform the penance in question, inasmuch as the act of Outhorising one's own wife to adopt a son is equal to his begetting a son in her, and the law nowhere provides that a man afflicted with a sinho disease must perform the penance before his proceeding to do so. 500 The term ‘son’ comprehending also the son's son, and son's grandson (in the male line,)t—he who is destitute of these, capable of performing the excquial rites and prolonging his lineage, can alone adopt a son, and not the person who has any of such issue in existence.: As for the instance, appearing, of the adoption as sons of slerarăța and the rest by l ishwānatra, and others, although possessing male issue; that, from its repugnancy to the revealed law, as contained in passages before quoted, must be understood not to imply the existence of a revolution (authorising the act.)—l). Mim. Seet. I. § 1), -- The word son is inclusive also of the son's son, and grandson ( in the male line, ) for through these ) the exclusion from heaven, denounced in such passages as “Heaven awaits not vow destitute of a son,” is removed: since it is declared in the text subjoined that the mansions of the happy are attained through the grandson and the other. “By a son, a man conquers the worlds. by a son's son, he enjoys immortality; and afterwards by the son of a grandson (in the male line) he reaches the solar abode.” Nor can it be alleged that the adoption of a son (though a grandson and his son exist,) is for the sake of the funeral obsequies; for from this text it appears tive other two also are competent to perform such rites. “The son, son's son, and the son of a grandson, (in the male line:) like these, the offspring of a brother,” &c. &c.—Ibid. § 13, 1. 501 A man though possessed of a son, grandson, or great grandson ( in the male line, ) incapable of performing exeguial rites, or prolonging his lineage, has a right to adopt a son."
- See the chapter treating of exclusion from inheritance. f See ante, pp. 830, 832. # See Str. H. L. vol. I. p. 66. Synop. p. 148. Maen. H. L. vol. I p. 66.
§ The remainder of this text, is: “ or that of a sapinda also, are born, Oh king capable of performing obsequies."–Vishnu-purána. See. I). Mim. Sect. II. § 60.
- The primary reason for the affiliation of a son, being the obligatory necessity of providing for the performance of the exeguial rites, celebrated by a son, for his deceased father, on which the salvation of a
Hindu is supposed to depend, it is necessary that the person proceeding to adopt, should be destitute of male issue, capable of performing those rights. By the term issue, the son's won and grandson (in the mal. line ) are included. It imay be inferred, that if such male issue, although existing, were disqualified, by ang legal impediment, (such as loss of caste, ) from performing the rites in question, the affiliation uight legally take place.—Synop. p. 148. \ authority.
