WYAVASTHA-DARPANA. #5t) 530. According to the above mentioned order, the nearest kinsman is the Vyasathi first in rank. Therefore, 531. If there he a son of a brother of the whole blood, he is eligible in preference to all." Because by reason of his being the nearest of tapindas, he is the best of them all, and because Revson so possesses the virtue of a son to his mncle. فA In respect however, to this subject, it is to be observed, that, where a brother's son may Authors, * 1st, amongst near kinsmen, he only is to be adopted. This sanu ordains: “If one among brothers of the whole blood, he possessed of male issue, Manu pronounces that they all are fathers of the same, by means of that son.” Prohashat; ; also : } “If there are several brothers, the sons of one man, by the same mother, on a son being born to one even of them, all of then irr declared to be fathers of male issue.” l'hder these two texts, is a brother's son 18 in any manner capable of being a substitute, it is inferred that another is not to be adopted,—s). Ch. Seet. i., § 2", “Offspring must be produced this precept is peremptory in some manner, or another, it must be complied with.” Stuce the representation of the filial relation, here contemplated, obtains in the brother's son ; the efforts thereof, viz. the oblation of the funeral cake, libation of water, and the like, and exemption from exclusion from heaven, would be accomplished by his existence : ] hence, there can be no occasion to proved in the re-attainment of the same ; con: e. quently a brother's gon, though unadopted, is filially related; in conformity with this text of Jorth at Parissara : “Let the nephew of a paternal uncle, destitute of male issue, he his sor ; he only sirould performosis obsequies, of the funeral repast, and of oblations of food and of water.”
- Amongst near tapindu, kilomen of the same general family, a brother's son only must be affiliated and this doctrine is recognised ni-, by Pigsineshawara “By the position, that a brother's son only must be affiliated,” it is meant, that the son of a whole brother only must be affiliated. Manu declares this:
if one, among brothers of the whole blood (ckajita.) be possessed of male issue (puttraran,) Manu pronounces that they are all fathers of the same, by means of that son. --Of the whole blood, Iy this expression, it appears that this condition of adoptive fathers alluded to applics to those only, brgotten by the same father, on the same out ther, not to such as art; born of a different father or mother, Brothers Frou, the masculine gonder being used, it results, that brothers and histers also, of the whole blood, are not reciprocally the adoptive parents of the son ( of any one of them : ) and this conclusion is confirmed by the mention of two terms (in that gender. ) Vriddha (putama declares the ***, *. In the three superior triboo, a sister's on is to where (mentioned as) a son." The expression 'a *ister's hon' is inclusive of the son of a brother also Heuce, this meaning is deduced, that a brother's wou must not be adopted by a sister for, brothers only are mentioned to be adoptive parents (in the text of Manu )-- D Míu, Sect, li § 28–33.
