VYA VASTHA-DARPANA. 1008 But the adoption after upanayana (investiture with the characteristic thread ) amongst the regenerate classes, and after marriage amongst the Shitdras, is certainly invalid. It is unanimously agreed that the boy adopted after the primary season for investiture and before the secondary season for it, even if valid, is an inferior one,—ibut there are two opinions with respect to the validity of such adoption. One of them is this, that some lawyers hold that, in the Just tor-chandriká–wherein it is laid down —“if morely the rite of investiture he performed (by the adopter, ) the filiation of the son given, as son of the adopter, is completed,”—no distinction being made between the primury and secondary seasons for isotilay tuit, nor between an adopter of the same qufra ( Ý family or race) and one of a different goort, according to it an adoption before investiture at the primary or secondary season by a person of the same or of a different gotra, is valid. The other is, that the rest of the lawyers, interpreting the text : “when indeed, the ceremony having tonsure at the beginning, and other rites of initiation ( chūri'ud sanskára, J are performed by the adopter, under his family name footra, ) then only , sons given and the rest are issue: else they are termed slaves—whether he be one whose initiation ( that is investiture, ) has been completed,” or one whosn pupilage (shnix/ar, J has passed,” to mean this, “if, it the adoji”r's orn 7.1/ra. the initiatory rites havinor tonsure at the losinimitig, and the rest, or the investiture of a son to be adopted as a do so.” are performed, or if he pass his pupilage, that is, the primary season for investiture, (still he boomes a son, els”, (that is, if these take place in a different gotrot, and still the boy is adopted, he does not home a son, but) he is termed a slave,”—conclude that, if the natural father and adopter to of the same gotra, then, even if those ceremonies have taken place in the family of the moral father, they are virtually performed in the family of the adopter: consequently, a boy adopted after passing the primary season for investiture shall be a valid slot, if received by one of his own quoru, but an invalid one, if adopted by it person of a different qu'ra. Further, the phras. --'invested with the characteristic thread under the family name of the man himself.”—bein: used, in the following text of l'axhivh/ht :–“Sprung from one following a different xh4?) í (hraneh of the f /us, ) the given son, when invested with the characteristie thread, whor //, /o/, m one of //, on to honors/, according to the forin prescribed by his peculiar shikhá, becomes participant (of the duties) of such whi{#4,”—they in for that the investiture alluded to in that text is mount to be performed by an adopter of a different o'ra; and then, from the following exposition ( of the above text ) contain 'd in the so off to it-rhom's ri kā-‘‘hut, this must be unders; ool in respect to an adoption taking place within the primary season for the rite in question, which extends to : eighth year, otherwise. (in the case of adoption after the expiration of the season, ) the capacity of having been able to perform that rite, during the principal season, hting wanting, there would be no ability for the same at a secondary season, the rite would remain unperformed,”--- they conclude that, when a person is to adopt a son from a different mosra, he murt receive him before the primary season for the upamayana, as in that case he is entitled to perform the rite, and not in the case of adopting him offer the expiry of that season, and when he is not entitled to perform his up inuound is he were received after the primary season; a sortiuri then, he is not competent to adopt such a boy after the expiry of that season, since an adoption is not complete and valid without the p"rformance of that ceremony; but as the prohibition in question does not apply to an adapter receiving a son from his own matra, he may receive hin, even after the primary season for his upinayama. Thus, according to the latter opinion, the adoption of a boy from a different outra after expiry of the primary season for upanayana is invalid, but that of a boy from the same outra is valid even after expiry of such period, provided the adoption take place before the secondary season for the unanayana. • Some infer from this text that a boy of the same gotra may be adopted even after the performance of his upanayana, as in that case the ceremony is virtually performed in the adopter's own gotra.-- But when it has been especially ordained that filiation of one adopted shall not accrue unless the ceremony of upanayana is performed by the adopter or in his own name, and when it is not custom*ry to adopt a boy, after his upanayana, then the text in question, whico is a general one, cannot supersede the especial ordinance, and be followed in practice in spite of it. 80
