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It is quoted in Aparārka (p. 736), which adds the. following notes: — ‘Adbhiḥ’ stands for all those details that accompany gifts; — ‘āpadi’, during a famine and so forth; — or ‘āpadi’ may refer to the adopter, in which case it will mean ‘in the event of his having no son’; — ‘sadṛśam’, of the same caste as the giver and the adopter; — ‘prītisamyuktan’, not moved by fear, or any such motive.

It is quoted in Nirṇayasindhu (p. 176); — in Vivādaratnākara (p. 567), which adds the following notes — ‘Āpadi’, when the adopter has no son; — ‘sadṛśam’, of the same caste; but Medhātithi holds that the ‘equality’ is in qualities, not in caste; — ‘prītisamyuktam’, free from all fear and such other motives; — and in Vyavahāramayūkha (p. 47), which reads ‘vā’ (for ‘ca’) and remarks that in the absence of the mother, the father alone may give away the son, or the mother may do it in the absence of the father; it goes on to controvert Vijñāneśvara’s view that the sin of giving away the son in normal times accrues to the giver, not to the adopter; — ‘Sadṛśam’, equal in family-status and other qualifications, says Medhātithi; hence according to him the Kṣatriya also may be adopted by the Brāhmaṇa. But it prefers the view of Kullūka by which ‘sadṛśam’ means ‘of equal caste’.

This is quoted in Parāśaramādhava (Prāyaścitta, p. 38); — in Vyavahāra-Bālambhaṭṭī (pp. 557 and 692); — in Dattakacandrīkā (p. 48), which explains ‘āpadi’ as ‘when the adopter has no son’, — and ‘Sadṛśam’ as ‘belonging to the same caste,’ — it notes Medhātithi’s opinion that ‘Sadṛśam’ means ‘possessed of equalities in keeping with the traditions of the family,’ and hence even a Kṣatriya could be adopted by the Brāhmaṇa, and adds that what this means is that ‘when the Brāhmaṇa, has a body-born son, his other sons of the Kṣatriya and other castes, even though not entitled to the offering of Balls and water, yet for purposes of perpetuating his name, they serve the purposes of a son’; — in Nṛsiṃhaprasāda (Vyavahāra 38a — and Śrāddha 4a); — in Kṛtyasārasamuccaya (p. 73), which explains ‘adbhiḥ’ as ‘water’ and notes that it includes Tila and the other ingredients also, — it explains ‘sadṛśam’ as ‘of the same caste’, and ‘āpadi’ as ‘in the event of the adopter having no son’, — it adds that ‘Prītisamyuktam’ (which is its reading for ‘prītisamyuktam’) means that the father or mother should make over the child through love and not through fear or covetousness; — and in Dattakamīmānsā’ (p. 9 and 20), which explains ‘āpadi’ as ‘during a famine or some such times of distress’, — and adds that if the parents give away the child during normal times, they incur sin.

Comparative notes by various authors:

Baudhāyana (2.3.20). — ‘He is called a Datta, adopted son, who, being given away by his father and mother, or by either of the two, is received in the place of a child.’

Vaśiṣṭha (17.28-29). — ‘The second is the adopted son, whom his father and mother give in adoption.’

Viṣṇu (15.18-19). — ‘The adopted son is the eighth; and he belongs to him to whom he is given by his mother or father.’

Yājñavalkya (2.130). — ‘That son is called adopted whom the mother or the father gives away.’

Arthaśāstra (p. 41). — ‘Similar in quality to the Body-born son is the adopted son, who is given away by the mother and the father, with water.’

Parāśara (4.22). — ‘That son whom his mother or father gives away is called the Dattaka.’

VERSE 9.169

Section XXIII - The Twelve Kinds of Sons defined

सदृशं तु प्रकुर्याद् यं गुणदोषविचक्षणम् ।
पुत्रं पुत्रगुणैर्युक्तं स विज्ञेयश्च कृत्रिमः ॥१६९॥

sadṛśaṃ tu prakuryād yaṃ guṇadoṣavicakṣaṇam |
putraṃ putraguṇairyuktaṃ sa vijñeyaśca kṛtrimaḥ ||169||

When one appoints a son who is worthy, capable of discerning right and wrong, and endowed with filial virtues, — that son is to be known as “appointed.’ — (169)

Medhātithi’s commentary (manubhāṣya):

Here also the epithet ‘worthy’ refers to qualities.

Some people, however, explain it to mean ‘belonging to the same caste’; b ut if this were meant by the author, the proper. reading would have been ‘sajātīyam’ (in place of ‘sadṛśantu’). And we have already pointed out above that the ‘worthiness’ meant in the present context is not with reference to caste.

‘Capable of discerning right and wrong.’ — Some people have explained this to mean that no one shall be so ‘appointed’ until he has attained his majority; sis until then he is not in a position to discern right and wrong; all that he knows is that he is the ‘son’ of the man who has begotten him and who is maintaining him at the time. So that he would not be able to realise his ‘appointment’ as the son of any other man. For this reason, the ‘appointment’ should be made only when he is able to understand his position.

In reality, however, there is no difference between the two cases. (?) — (169)

Explanatory notes by Ganganath Jha:

‘Guṇadoṣavicakṣaṇam’. — ‘Knowing that by performing or not performing Śrāddhas &c. merit or sin will follow’ (Kullūka); — ‘knowing himself to be the son of such and such a person and hence likely to become an out-cast if he did not serve him properly’ (Rāghavānanda); — ‘not a minor’ (‘some’ in Medhātithi and Nārāyaṇa).

This verse is quoted in Aparārka (p. 738), which explains ‘sadṛśam’ as referring to caste; — and in Vivādaratnākara (p. 572), which adds the following notes: — Here also, according to Medhātithi, ‘sadṛśam’ means‘of similar qualifications’; — ‘Guṇadoṣavicakṣaṇam’ means ‘knowing that there is merit in performing the after-death rites for the parents, and sin in not performing them.’ — ‘putragunaiḥ’, obedience and such qualities.

It is quoted in Parāśaramādhava (Prāyaścītta, p. 38), — in Vyavahāra-Bālambhaṭṭī (pp. 546 and 557); — in Kṛtyasārasamuccaya (p. 74), which quotes Vīvādacandra to the effect that ‘sadṛśam’ means ‘of the same caste’; — and in Nṛsiṃhaprasāda (Vyavahāra 38a).

Comparative notes by various authors:

Baudhāyana (2.3-21). — ‘He is called the Kṛtrima, appointed, son whom a man himself makes his son, with only the adoptee’s consent, and who belongs to the same caste as the appointer.’

Yājñavalkya (2.131). — ‘The appointed son is one who is made a son by the appointer independently of others.’

Arthaśāstra (p. 41). — ‘The appointed son is one who is made a son.’

VERSE 9.170

Section XXIII - The Twelve Kinds of Sons defined

उत्पद्यते गृहे यस्तु न च ज्ञायेत कस्य सः ।
स गृहे गूढ उत्पन्नस्तस्य स्याद् यस्य तल्पजः ॥१७०॥

utpadyate gṛhe yastu na ca jñāyeta kasya saḥ |
sa gṛhe gūḍha utpannastasya syād yasya talpajaḥ ||170||

If a son is born in a man’s house, and it is not known whose he is, — this son ‘secretly born’ in the house shall belong to him of whose wife he is born. — (170)

Medhātithi’s commentary (manubhāṣya):

If the mother were not known, then the caste also of the child would not be known; as it has been declared by the ancients that ‘the caste of the child whose progenitor is not known can be ascertained from his mother.’

The rule here laid down refers to a case where there is no suspicion regarding the progenitor being of a lower caste. In the evenṭ. of such suspicion, there would be likelihood of an ‘admixture in the reverse order’; and in that case, the son would not be entitled to perform the functions of a ‘son.’ — (170)

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 566); — which adds the following notes: — ‘Talpaja’, born of the wife; — the actual progenitor of this child being unknown, it belongs to the same caste as its mother; this is the case when there is no suspicion of the mother having had intercourse with a man of a lower caste; in the case of there being such suspicion, the child must he regarded as ‘born in the reverse order’, and hence not capable of serving any useful purpose.

It is quoted in Parāśaramādhava (Prāyaścitta, p. 38); — in Vyavahāra-Bālambhaṭṭī (pp. 541 and 557); — in Nṛsiṃhaprasāda (Vyavahāra 38a) and in Vīramitrodaya (Vyavahāra 187b.)

Comparative notes by various authors:

Baudhāyana (2.3.22). — ‘He is called the Gūḍhaja, secretly born, son who is horn in the house and whose origin is only afterwards recognised.’

Vaśiṣṭha (17.24). — ‘A male child secretly horn in the house is the sixth kind of son.’

Viṣṇu (15.13-14). — ‘The son who is secretly born in the house is the sixth; he belongs to him in whose bed he is born.’

Yājñavalkya (2.129). — ‘He who is born in the house in a hidden manner is called the secretly horn son.’

Arthaśāstra (p, 4l). — ‘Similar to the Kṣetraja son is the Gūḍhaja son, who is born in the house of kinsmen secretly.’

VERSE 9.171

Section XXIII - The Twelve Kinds of Sons defined

मातापितृभ्यामुत्सृष्टं तयोरन्यतरेण वा ।
यं पुत्रं परिगृह्णीयादपविद्धः स उच्यते ॥१७१॥

mātāpitṛbhyāmutsṛṣṭaṃ tayoranyatareṇa vā |
yaṃ putraṃ parigṛhṇīyādapaviddhaḥ sa ucyate ||171||

If a man takes up a son deserted by his parents, or by either of them, he is called the ‘cast off son.’ — (171)

Medhātithi’s commentary (manubhāṣya):

A child may be deserted by the parents, either because they have many children whom they are unable to support by reason of poverty, or because the particular child has some such defect as disaffection towards his parents and the like.

But the child should not have been openly deserted; as in that case it would not be entitled to being received as a son, — as has been shown elsewhere.

This desertion may be by either one of the parents.

‘Takes up’ — with a view to making him his son, — and not to only supporting him. — (171)

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 739), which explains the meaning to be that the ‘Apaviddha’ son is one who is taken up on being abandoned by the parents for some cause, other than his having become an ‘outcast — and in the Vivādaratnākara (p. 571), which adds the following notes: — ‘Utsṛṣṭam’, abandoned, — for some such reason as extreme poverty and consequent incapability to maintain him, or the presence of some defect in him; the acceptance also by the receiver should be for the definite purpose of making him his son; — also in Parāśaramādhava (Prāyaścitta, p. 38); — in Vyavahāra-Bālambhaṭṭī (pp. 547 and 557); — and in Nṛsiṃhaprasāda (Vyavahāra, p. 38a).

Comparative notes by various authors:

Baudhāyana (2.3.23). — ‘He is called the Apaviddha, cast-off, son, who, being cast off by his father and mother, or by either of them, is received by one in the place of a child.’

Vaśiṣṭha (17.36-37). — ‘The son cast off is the fifth; — that son is so-called who, being cast off by his father and his mother, is received by one as a son.’

Viṣṇu (15.24-26). — ‘The son cast off is the eleventh; — that son is so called who has been forsaken by his father or mother; — and he belongs to him by whom he is received.’

Yājñavalkya (2.132). — ‘The son who is received by one after having been abandoned (by his parents) is called the cast-off son.’

Arthaśāstra (p. 41). — ‘He who has been cast off by his kinsmen is the cast off son; and he belongs the man who performs his sacraments for him.’

VERSE 9.172

Section XXIII - The Twelve Kinds of Sons defined

पितृवेश्मनि कन्या तु यं पुत्रं जनयेद् रहः ।
तं कानीनं वदेन्नाम्ना वोढुः कन्यासमुद्भवम् ॥१७२॥

pitṛveśmani kanyā tu yaṃ putraṃ janayed rahaḥ |
taṃ kānīnaṃ vadennāmnā voḍhuḥ kanyāsamudbhavam ||172||

If a maiden secretly bears a son in her father’s house, that son, born of a maiden, should be declared as ‘maiden-born’ by name, and to belong to the man who marries her. — (172)

Medhātithi’s commentary (manubhāṣya):

This verse has been already explained before, and the shares to be allowed to him, along with the ‘adopted,’ ‘appointed’ and ‘cast off’ sons have already been described before (under 132-135). — (172)

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (2. 129), which adds that if the girl remains unmarried, then the son belongs to her father; but if she is married subsequently, the son belongs to her husband; — in Parāśaramādhava (Prāyaścitta, p. 38); — in Vyavahāra-Bālambhaṭṭī (p. 557); — in Nṛsiṃhaprasāda (Vyavahāra 38a); — and in Vīramitro daya (Vyavahāra 187b).

Comparative notes by various authors:

Baudhāyana (2.3-24). — ‘If anyone approaches an unmarried girl without authorisation, the son born of such union is called the Kānīna, born of the unmarried damsel.’

Vaśiṣṭha (17.22-23). — ‘They declare that the son whom an unmarried girl bears, through lust, in her father’s house is the son of his maternal grandfather. They quote the following — “If an unmarried daughter bear a son begotten by a man of equal caste, the maternal grandfather has a son through him; he shall offer the Ball to and take the wealth of that grandfather.”’

Viṣṇu (15.10.11-12). — ‘The Kānīna is the fifth kind of son; that son is called so who is born of an unmarried daughter in the house of her father; — and he belongs to the man who afterwards marries his mother.’

Yājñavalkya (2.129). — ‘The Kānīna, horn of an unmarried damsel, is the son to his maternal grandfather.’

Arthaśāstra (p. 41). — ‘The Kānīna is born of the womb of an unmarried girl.’

Brahmapurāṇa (Vivādaratnākara, p. 565). — ‘If a son is born to a girl who has not yet been given in marriage, in her father’s house, from a man of the same caste as herself, that son is called Kānīna; and he is a son to that man to whom the girl is subsequently given in marriage.’

Nārada (Do.). — ‘The Kānīna, the Sahoḍha and the Gūḍhaja sons belong to him who marries the mother.’

VERSE 9.173

Section XXIII - The Twelve Kinds of Sons defined

या गर्भिणी संस्क्रियते ज्ञाताऽज्ञाताऽपि वा सती ।
वोढुः स गर्भो भवति सहोढ इति चोच्यते ॥१७३॥

yā garbhiṇī saṃskriyate jñātā'jñātā'pi vā satī |
voḍhuḥ sa garbho bhavati sahoḍha iti cocyate ||173||

If one marries, knowingly or unknowingly, a pregnant maiden, the child in her womb belongs to him who marries her, and is called ‘received along with the wife.’ — (173)

Medhātithi’s commentary (manubhāṣya):

(verses 9.173-178)

[The Bhāṣya on these verses is not available in any of the manuscripts.]

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 567), which adds that the term ‘saṃskriyate’ stands for the rites of offerings etc. other than those performed with mantras prescribed in connection with marriage; — it quotes the opinion of others to the effect that the rites meant are those laid down in the Atharvan texts:

It is quoted in Vīramitrodaya (Vyavahāra 189b); — in Parāśaramādhava (Prāyaścitta, p. 38); — in Vyavahāra-Bālambhaṭṭī (pp. 547 and 557); — and in Nṛsiṃhaprasāda (Vyavahāra, p. 38a).

It is quoted in Aparārka (p. 738); — and in Vīramitrodaya (Saṃskāra, p. 742), which remarks that the ‘rites’ spoken of here are with a view to just qualify the son thus born to serve as the ‘son’ of his mother’s husband; — and it does not stand for the regular marriage-rites.

Comparative notes by various authors:

Baudhāyana (2.3-25). — ‘If one marries, knowingly or unknowingly, a pregnant bride, the child that is born of her is called the Sahoḍha, taken with the Bride.’

Vaśiṣṭha (17.26-27). — ‘Among those sons who arc not inheritors, hut only kinsmen, the first is he who is Taken with the Bride; — the son of a damsel who is married pregnant is called Sahoḍha, Taken with the Bride.’

Viṣṇu (15.15-17). — ‘The son Taken with the Bride is the seventh; — that son is so called who is the son of a woman married while pregnant; — and he belongs to the husband of the pregnant bride.’

Yājñavalkya (2.131). — ‘The son Taken with the Bride is one who has been received (along with his mother) while still in the womb.’

Arthaśāstra (p. 41). — ‘The son of a girl married while pregnant is called Sahoḍha.’

VERSE 9.174

Section XXIII - The Twelve Kinds of Sons defined

क्रीणीयाद् यस्त्वपत्यार्थं मातापित्रोर्यमन्तिकात् ।
स क्रीतकः सुतस्तस्य सदृशोऽसदृशोऽपि वा ॥१७४॥

krīṇīyād yastvapatyārthaṃ mātāpitroryamantikāt |
sa krītakaḥ sutastasya sadṛśo'sadṛśo'pi vā ||174||

If a man buys a boy, worthy or unworthy, from his father and mother, with a view to making him his son, that son is called ‘bought.’ — (174)

Medhātithi’s commentary (manubhāṣya):

(verses 9.173-178)

[The Bhāṣya on these verses is not available in any of the manuscripts.]

Explanatory notes by Ganganath Jha:

‘Sadṛśo’ sadṛśo ‘pivā’. — ‘Equal or unequal, by good qualities, not by caste’ (Kullūka and Rāghavānanda); — ‘whether of equal or lower caste’ (Nārāyaṇa).

This verse is quoted in Mitākṣarā (2.131), which adds that ‘sadṛśa’ and ‘asadṛśa’ should be understood to be in regard to qualities, not caste; — in Aparārka (p. 738), which also adds the same remark; — in Vivādaratnākara (p. 570), which adds the following notes: — ‘Sadṛśaḥ’, of the same caste, ‘asadṛśaḥ’, of a different caste, — says the Pārijāta; the author of the Prakāśa adds that even though the text contains the term ‘asadṛśaḥ’ yet one should not buy a sou either of a lower or a higher caste than his own; — and Medhātithi has said that ‘sadṛśa’ and ‘asadṛśa’ refer to sons of the same caster but of diverse qualifications.

It is quoted in Madanapārijāta (p. 653), which also explains ‘sadṛśa’ as referring to qualifications; — in the Parāśaramādhava (Prāyaścitta, p. 38); — in Vyavahāra - Bālambhaṭṭī (p. 557); — and in nṛsiṃhaprasāda (Vyavahāra 38a).

Comparative notes by various authors:

Baudhāyana (2.3.26). — ‘He is called the Krīta, Bought, son who, being purchased from his father and his mother, or from either of them, is received by one in the place of a child.’

Vaśiṣṭha (17.30). — ‘The son Bought is the third.’

Viṣṇu (15.20-21). — ‘The son Bought is the ninth; — and he belongs to him by whom he is bought.’

Yājñavalkya (2.131). — ‘The Bought son is one who has been sold by his parents.’

Arthaśāstra (p. 41). — ‘The Bought son is one who has been purchased.’

VERSE 9.175

Section XXIII - The Twelve Kinds of Sons defined

या पत्या वा परित्यक्ता विधवा वा स्वयेच्छया ।
उत्पादयेत् पुनर्भूत्वा स पौनर्भव उच्यते ॥१७५॥

yā patyā vā parityaktā vidhavā vā svayecchayā |
utpādayet punarbhūtvā sa paunarbhava ucyate ||175||

If a woman abandoned by her husband, or a widow, of her own accord, marries again and bears a son, that son is called ‘the son of a re-married woman.’ — (175)

Medhātithi’s commentary (manubhāṣya):

(verses 9.173-178)

[The Bhāṣya on these verses is not available in any of the manuscripts.]

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Saṃskāra, p. 743), which explains the construction as ‘patyā svecchayā parityaktā’; — in Parāśaramādhva (Prāyaścitta, p. 38); — and in Vyavahāra-Bālambhaṭṭī (p. 558).

Comparative notes by various authors:

Baudhāyana (2.3.27). — ‘He is called the Paunarbhava son who is born of a remarried woman; — i.e., of one who having left an impotent man, has taken a second husband.’

Vaśiṣṭha (17.18-20). — ‘The fourth is the Paunarbhava, one born of a Punarbhū woman; that woman is called Punarbhū who, leaving the husband of her youth, and having lived with others, re-enters his family; and she is called remarried who, leaving an impotent, outcast or mad husband, — after his death, — takes another lord.’

Viṣṇu (15.7-9). — ‘The son of the re-married woman is the fourth; — she who, being still a virgin, is married a second time is called the re-married woman. — She also is called remarried who, though not legally married more than once, has lived with another man before her lawful marriage.’

Yājñavalkya (2.130). — ‘That son is called Paunarbhava who is born of a woman married again, either after losing her virginity or before it.’

Kātyāyana (Vivādaratnākara, p. 564). — ‘If a woman, after forsaking her impotent or outcast husband, takes another lord, — the son born from her is called Paunarbhava; and he belongs clearly to his begetter.’

Arthaśāstra (p. 41). — ‘The son of the woman married again, is called Paunarbhava.’

VERSE 9.176

Section XXIII - The Twelve Kinds of Sons defined

सा चेदक्षतयोनिः स्याद् गतप्रत्यागताऽपि वा ।
पौनर्भवेन भर्त्रा सा पुनः संस्कारमर्हति ॥१७६॥

sā cedakṣatayoniḥ syād gatapratyāgatā'pi vā |
paunarbhavena bhartrā sā punaḥ saṃskāramarhati ||176||

In case she be still a virgin, or having gone away comes back, — she is fit to undergo re-marriage with her second husband. — (176)

Medhātithi’s commentary (manubhāṣya):

(verses 9.173-178)

[The Bhāṣya on these verses is not available in any of the manuscripts.]

Explanatory notes by Ganganath Jha:

“Rāghavānada, relying on Yājñavalkya 2.130, thinks that the word ‘vā’ at the end of the first half-verse, permits the insertion of ‘or not a virgin.’” — Buhler.

This verse is quoted in Aparārka (p. 96), which adds the following explanation: — If, on the death of her flawless husband, — or even during the life-time of a husband who is either impotent or insane or out-cast, — a woman has recourse to a second man, that man is called her ‘paunarbhava’ husband, and the woman who is formally married to such a husband is called ‘punarbhūḥ’; or the meaning may be that if a woman abandons the husband of her youth, — who has no defects and is fully capable of maintaining her, — and has sexual intercourse with another man, but returns again to her former husband, she is ‘gatapratyāgatā’ and also ‘kṣatayoni’; and the husband (deserted and resumed) is ‘paunarbhava’. — Both these kinds of the ‘paunarbhava’ are described by Vaśiṣṭha.

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