WYAWASTHA-DARPANA. 10} { I. Manu says: “a given son must never claim the family and estate of his natural father. The funeral cake follows the family and estate; but of him, who has given away his son, the obsequies fail.”—It is declared, by this, that, through the extinction of his filial relation from gift alone, the property of the son given, in the estate of the giver, ceases; and his relation to the family of that person is annulled.—D. Ch. Sect, II, § 18, 19. II. But, although, by the text of Manu, (above quoted, ) connection with the family of the natural parent is annulled, what proof is there, as to the connection with the family of the adopter being established ” On this point Prihat Manu declares;–"sons given, purchased, and the rest, retain the relation of tapinda to the natural father, as extending to the fifth and seventh degrees;* like this, their general family, (which is) also that of their adopter.”—The relation as sapinda, of sons given, purchased, and , the rest, to the natural parent, continues: by gift and so forth even, that does not fail; for, by reason of continuing in connection through containing portions (of the natural father,) it is not possible to be removed while the body lasts. By this it is declared, that the relation of sapinda in question is the consanguineal connection only, and not connection by the pinula or funeral cake; for, that this latter is barred, is shown by this passage, 'of him, who has given away his son, the obsequies faii.' Anticipating a question as to the extent of this relation as sapinda, the author adds,-'extending to the fifth and to the geventh degrees,* &e.–D. Mím. Seet. VI. § 9, 10. III. Therefore, not being otherwise inferrible, the relation of tapinda, in the peculiar family, (kula J of the adopter, as founded only on express texts of law, must be admitted . Thus it is declared. The relation of sapinda is of two descriptions; through consanguinity, and connection by funeral oblations of these the relation of upinda arising from consanguinity, being obviously barred in the case of the adopted son, Hemidri has determined the relation of tapinda, of sons given, and the rest, in the family of the adoptive father, as extending only to the third degree.— D. Mim. Sect. VI, § 32. The consanguineal wapinda relation is as follows: “The relation of sapinda is by connection with (or by containing a portion of) the same body. the son, having sprung from the body of his father, has the relation வி sapinda (through consanguinity) with his father; so also with the paternal grandfather and the rest, there existing consanguinity between him and them through the father. In like manner, having sprung from the body of the mother, he bears the relation (of sapinda) to her, also to the maternal grandfather and the rest, and the mother's brother, sister, and the rest, by reason of consanguinity through the mother; so
- See the clause on the sapiwda relation; and aw*e, pp. 712-716.
Authority.
