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Sanskrit text, Unicode transliteration and English translation by Ganganath Jha:

啶夃お啶�啶ㄠ�嵿え啷� 啶椸�佮ぃ啷堗�� 啶膏ぐ啷嵿さ啷堗�� 啶�啷佮い啷嵿ぐ啷� 啶�啶膏�嵿く 啶む�� 啶︵い啷嵿い啷嵿ぐ啶苦ぎ啶� 啷�
啶� 啶灌ぐ啷囙い啷堗さ 啶むう啷嵿ぐ啶苦�曕�嵿ぅ啶� 啶膏ぎ啷嵿お啷嵿ぐ啶距お啷嵿い啷嬥そ啶�啷嵿く啶ㄠ�嵿く啶椸�嬥い啷嵿ぐ啶む�� 啷� 啷оオ啷� 啷�

upapanno gu峁嘺i岣� sarvai岣� putro yasya tu dattrima岣� |
sa haretaiva tadriktha峁� sampr膩pto'pyanyagotrata岣� || 141 ||

If one has an adopted son endowed with all good qualities, he shall inherit his property, even though he may have come from another family.鈥�(141)

 

Medh膩tithi鈥檚 commentary (manubh膩峁�ya):

Under 9.185, it is said鈥斺�楽ons, and not brothers or fathers, are the inheritors of the father鈥檚 property鈥欌�攚here all sons are declared to be entitled to inheritance. So long as the 鈥榣egitimate鈥� son is alive, the 鈥�碍峁�e迟谤补箩补鈥� and other sons are entitled to maintenance only: 鈥楾he legitimate son alone is the sole master of the entire paternal property; for the others he shall, as an act of kindness, provide for subsistence,鈥� says Manu (9.163). Thus then the fact of the adopted son inheriting the lather鈥檚 property is already established; the present text therefore is meant to indicate that he is so entitled, even when the legitimate son is there. If it did not mean this, there would he no point in the verse at all.

The question that arises is鈥攚hat shall he the share of the adopted son?

Some people hold that, since nothing particular has been laid down, the share shall he equal to that of the legitimate son.

This however is not right. If shares had been meant to be equal, then this would have been clearly stated, as it has been in the case of the son of the Appointed Daughter (under 9.134). Hence it follows that, as in the ease of the 碍峁�e迟谤补箩补 son, so here also, the share shall be the sixth or eighth part (of that of the legitimate son).

In this connection there is something to be said. Just as the author has declared the share of the 碍峁�e迟谤补箩补 son to be 鈥榯he sixth part鈥� (9.164), that, of the 鈥榓dopted鈥� son also would have been prescribed (if it were so intended).

Thus then, the real purport of the reiteration contained in the present verse has got to be found out.

Our revered teacher explains as follows:鈥擳he idea provided by the present verse is that, inasmuch as no particular share has been specified, the slare of the adopted son should be understood to be less than that of the 碍峁�e迟谤补箩补; and he cannot, go without, a share; nor is he entitled to a share equal to that of the legitimate sun, or to that of the 碍峁�e迟谤补箩补 蝉辞苍.鈥�(141)

 

Explanatory notes by Ganganath Jha

鈥淢edh膩t墨thi, Kull奴ka and R膩ghav膩nanda refer this rule to the case where a man has a legitimate son and an adopted son, and think that in such a case the latter, being eminently virtuous, shall receive, like the 碍峁�e迟谤补箩补, a fifth or sixth part of the Estate. Medh膩tithi remarks that some think he is to have half, but that this opinion is improper, and finally that 鲍辫补诲丑测腻测补, i.e., his teacher, allots to the adopted son less than to the 碍峁�e迟谤补箩补.鈥擪ull奴ka and R膩ghav膩nanda state that Govindar膩ja took the verse to mean that the eminently virtuous adopted, son shall inherit on failure of a legitimate son and of the son of the wife, but that this explanation is inadmissible on account of verse 165.鈥擭膩r膩ya峁嘺 says 鈥榠t has been declared that the adopted son receives a share like the chief son, when he is eminently virtuous鈥�.鈥濃�擝uhler.

This verse is quoted in 痴颈惫腻诲补谤补迟苍腻办补谤补 (p. 567), which adds the following note:鈥斺��骋耻峁嘺墨岣�鈥�, such as caste, learning and character;鈥攖he fact of this adopted son being entitled to inherit being patent from the fact of his being a 鈥榮on鈥�, the specific mention of 鈥榖eing endowed with virtues鈥� is meant to indicate that in a case where a body-born son happens to he born after the adoption, the adopted son is to have a share in the inheritance only if he is 鈥榚ndowed with virtues鈥�, while if he is not so endowed, he is entitled to maintenance only.

It is quoted in 顿补迟迟补办补尘墨尘腻峁僺腻 (p. 28) as countenancing the adopted son鈥檚 inheritance of the entire property of the adoptive father, when the latter leaves no 鈥榖ody-born鈥� son;鈥攊n 笔耻谤耻峁Ｄ乺迟丑补肠颈苍迟腻尘补峁噄 (p. 370), to the effect that the adopted son is entitled to an equal share with the 鈥榖ody-born鈥� son;鈥攁nd in 厂补峁僺办腻谤补-谤补迟苍补尘腻濒腻 (p. 769) to the same effect as 顿补迟迟补办补尘墨尘腻峁僺腻.

 

Comparative notes by various authors

(verses 9.141-142)

痴补艣颈峁ａ弓丑补 (15.9-10).鈥斺�業f, after an adoption has been made, a body-born son be born, the adopted son shall obtain a fourth part;鈥攑rovided he her not engaged in rites conducive to prosperity.鈥�