পাতা:ব্যবস্থা-দর্পণঃ প্রথম খণ্ড.djvu/২৯৩

vyAvASTHA DARPANA 167 fieritage. A son rejected (by his father or mother), the son of a pregnant bride, a son given by his natural parents, a son made (through adoption), and fifthly a son bought, and lastly he who offers himself of his bwn accord : these six, being of mixed origin, are kinsmen, but not heirs (except to their own father). - III. Naílada : -A son begotten by a man himselfin lawful wedlock, a son begotten on his wife by a kinsman, the son of an appointed daughter, the son of an unmarried girl, the son of a pregnant bride, and a son of soncealed birth, a son by a twice married woman, a son rejected, a son given by his natural parents, a son bought, a son made by adoption, and a son self given, are declared to be twelve sons : among these six are heirs to kinsmen ; six not heirs, but kinsmen ; their relative rank corresponds with the order in which they are here named. IV. Devada —(After enumerating the son of the body, the son of an appointed daughter, the son of a wife, the son of an unmarried girl, a son of concealed birth, a son rejected, the son of a pregnant bride, a son by a twice married woman, a son given (by his natural parents), a son self-given, a son made (by adoption), and a son bought,) adds : —“These twelve sons are propounded for the purpose of offspring : being sons begotten by a man himself, or procreated by another man, or received (for adoption) or voluntarily given. Among these, the first six are heirs of kinsmen, the other six inherit only from their own father : the rank of sons is distinguished in order as enumerated. Vide Coleb. Dig. Vol. III. pp. 151—155. True, in the text of MAN u, the Dattaka has been reckoned as one of the first six sons, who are kinsmen, and heirs; but that text has been interpreted by Kulluka Baatra and the rest to mean that the Dattaka son is heir only to the kinsmen or relations in the agnatic line. In the Dattaka Chandriká, the adopted son, considered to be the heir to the relatives . of his adoptive father, is one who may be endued with good qualities. The author of Vivádabhangárnava says also the same thing. Thus:—“A question here occurs for discussion : Can a son given be heir to a kinsman, or not P On this point some lawyers affirm, that the right of the son given to inherit from a kinsman, which is mentioned by . MANU and влvрнл”ҮлкA, and his superior rank, as ordained by GoTAMA, VRIHAs PATI, and the Kālikapurdina, must be considered as relating to a son given, who is endowed with transcendent good qualities; for the expressions used in the text of Varhasparr, “pure by class, and irreproachable for their conduct,” denote transcendent good qualities : pure signifies “absolved from all guilt, by acts of religion, by alms, by study of scripture, and by sacrifice, men become pure, or are absolved from all guilt.” A text of MANu shows, that a son given, being endued with every virtue, shall take the heritage. Coleb. Dig. Vol. II I. p. 270. But Ji©uuoravahA'&A is, it is clear, of opinion that persons endued with such qualities are rare in the present (kali) age ; for he has in a manner denied the right of primogeniture on the ground of there being no elder brother meriting the same, and here also, it appears, that on consideration of there being no adopted son endued with euninent good qualities, he, after quoting the text of Devala, has. laid down, and very justly too, that “ the true legitimate son and the rest, to the number of six, are not only heirs of their father, but also heirs of kinsmen ; that is of sapindas and other relations. The others are successors of their (adoptive) father, but not heirs of collateral relatíons (•apindas &c.)” See-Coleb. IDá. bhá. p. l56. 象