VYAVASTHA-DARTAN.A. 882 a person being about to adopt a son should take an unremote kinsman or the near relation of a kinsman, having convened his kindred and anuounced his intention to the king, &c.” It appears on consideration of the two opinious above mentioned, that Pundit Bhurutchunder Shiromani, considering the adoption of a son to be a positive act of religion, held that an infant is competent to adopt ;-while Baboo Prosumno Coomar Tagore, considering that the order of succession would be changed, and the person, who would have been an heir is adoption did not take place, would be deprived of his rights by the act of adopting a son, considering also that act to be an optional one, held it to be beyond the capacity of a minor.—That adoption is a religious rite mixed with a civil function is unquestionable; for had a boy been adopted merely for the sake of the oblation cake, water, and solemn rites, his adoption Inight have been deemed a mere religious act, but he is adopted not only for those purposes, but also to inherit the adoptor's estate, and to be his representative in all civil matters. Thus, there is no doubt that adoption is partly for religious and partly for civil purposes. Now, it is to be seen whether it is an optional or positive religious act. —lf optional, an infant cannot do it, even though it did not partake of a civil nature.- But it appears from the following text of the Jell. “A loré on thor, immediately on being horn, is pronounced a debtor on three obligations: to the holy saints, for the practice of religious duties ; to the gods for the performance of sacrifices ; to his forefathers for offspring” and from the following text of 4/anu: “When he has paid his three debts (to the sages, the manes, and the gods, ) let hi;n apply his mind to final beatiturle ; but low shall he fall, wht, prestumes to stw k heatitude, w itliuut, luvving discharged those debts; ” and from the following text of the same sage cited in the Lattuka-chandriki. “A son of any description must be anxiouly tułopted by a man destitute of male issue; for the sake of the funeral cake, water, and solemn rites, and for the celebrity of his name;” also from the following passage of the lastuku-miusiusi. “Since it is shown by this, that being so destitute is a cause, in omitting to adopt a son, an offence even is incurred ;” that the adopting of a son is a positive act; and from this special die; tım of the latter authority : “The precept enjoining the production of a son being positive, it results that the contravention of it is the cause of an ottence; and on defect of any son in general, exclusion from heaven is declared in this text: “Heaven awaits not one destitute of a son: "&c., adoption in his opinion is certainly a positive religious act (nitya dharma Karma; ) since any (religious) act the non-observance or non-performance where of causes an oslence is turned ‘missa Karma' (positive act.) Further, the Duttaku-intmánxit, having declared that the precept enjoining the production of a bon is a positive act, and the contravention of it is the cause of an offence, and there being nothing contrary to it in the D of ost-ek an 'oks, the opinioi of the former must be respected, even though according to other authority or authoritie: the act in question is an optional one, the Pooka-wimansá and Dallaku-chandriká being the highest and predominant authorities on the subject of adoption. But though adoption be a positive act of religion, and as such, it be incumbent upon persons destitute of sons to adopt, yet consistenly with the reason of the law it does not appear that an infant is competent to adopt a son ; for how can that boy do so who does not understand why a son is to be adopted, and what is the consequence of not adopting a son ? In the Právashchitta#inda distinction is made with regard to severity in the penance or expiation of infants, according to their age and understanding. In the Yyavahára-kánda too, an infant ("hishu) before bis eighth year is considered as similar to a child in the womb,” and to the tenth year a (mere) child," • See ante, pp. 556, 557.
