পাতা:ব্যবস্থা-দর্পণঃ প্রথম খণ্ড.djvu/৭৬৯

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VYA VASTEHA”-DARPANA. 647 NA’RADA, forbidding (such a) gift or sale even in extreme distress would contradict KATYA* YANA. Therefore, in the utmost distress, a son and the rest may be given away, with the assent of the persons interested ; but even in such circumstances, the gift may not be made without their assent. Such is the demonstrated rule. Coleb. Dig. vol. II. p. 106. A son is also given for the purpose of adoption; (this being done) as an act of duty to relieve the adoptor’s distress arising from the want of male issue, no penalty is incurred. The assent (required) is (sound in) the want of opposition; for it is a rule that not to forbid is to assent.* Coleb. Dig. Vol. p. 106. I)Aksu A :—“ Joint property, deposits for use, bailments in the form called Mya sa, pledges, a wife, her property, deposits for delivery, bailment (in general,) and the whole of a man's eatate, if he have issue alive,t are things which the learned have declared inalienable even in times of distress: the man who gives them away is a fool, and must expiate (the sin) by penance. , Coleb. Dig. Vol. II. p. 106. IIere nine things are declared inalienable; but a son is not mentioned : including a son, ten things (and persons) may not be given. VRIHASPATI declares the prohibition of giving away to be eight-fold : though deposits may be considered as comprehended in his text under the term w് still female property is not included in that text; and what is promised, not included by Nكaدمه (in the number of eight unalienable things,) is included in that number by vanias Pati. On this mutual contradiction CHANDESHAwana remarks : “it is not implied, that the enu meration of inalienable things, as delivered by other sages, is-curtailed by what ench“himselr

  • Therefore the gift of a son under the age of five years may be valid ; and it appears that donations may have force, even without the assent (of the persons interested). Coleb Dig. Vol. p. 100.

The gift of a son should however be according to tho text of Vлsнтанта :—“A son formed of semimal fluids and of blood proceeds from his father and mother, as an effect from its cause : both parents have power (for just reasons) to give, to sell, or to desert him; but let no man give or accept an only son, since he must remain to raise up a progeny for (the obsequies of) ancestors. Nor let a woman give or accept a son, unless with the assent of her lord.” See Coleb. Dig. vol. II. p. 108. See also the chapter treating of adoption. + “If there be issue alive:”——if there be a son, grandson, or great grandson, who have equal dominion (over the property,) it is ordained by NA-hapa and many other sages, that the whole of a man's estate may not be given away; and if any person, though he have issue living, do give away his whole estate, he • ghäll be fined. Coleb. Dig. vol. II. p. 111.