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

啶�啶距い啶� 啶�啶苦い啶� 啶掂ぞ 啶︵う啷嵿く啶距い啶距�� 啶�啶�啶︵�嵿き啶苦�� 啶�啷佮い啷嵿ぐ啶�啶距お啶︵た 啷�
啶膏う啷冟ざ啶� 啶�啷嵿ぐ啷�啶むた啶膏�傕く啷佮�曕�嵿い啶� 啶� 啶溹�嵿�炧�囙く啷� 啶︵い啷嵿い啷嵿ぐ啶苦ぎ啶� 啶膏�佮い啶� 啷� 啷оガ啷� 啷�

m膩t膩 pit膩 惫腻 dady膩t膩峁� yam补诲产丑颈岣� putram腻辫补诲颈 |
sad峁浥沘峁� pr墨tisa峁儁ukta峁� sa j帽eyo dattrima岣� suta岣� || 168 ||

When in times of distress, the mother or the father affectionately gives away, with water-libations, a worthy son,鈥攖hat son is called 鈥榞iven鈥� (adopted).鈥�(168)

 

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

It would be more reasonable to read 鈥�ca鈥� 鈥榓nd,鈥� instead of 鈥�惫腻,鈥� 鈥榦r鈥欌�斺�楾he father and the mother鈥�; the child belongs to both the parents, and cannot be given away, if either of them is unwilling.

Or, we may accept the reading 鈥�惫腻鈥� 鈥榦r鈥�; according to another text, which says鈥斺�楾he father or the mother may give the child鈥�; but when the father is spoken of as the superior of the two parents, this superiority pertains to other matters.

鈥淪ince there is the mother鈥檚 ownership also over the child, the father cannot have the sole right to give away the son.鈥�

True; but there are texts declaring that in the absence of the parents (?) the child belongs to the owner of the seed. It is for this reason that the 鈥榝ather鈥� has been mentioned. 痴补艣颈峁ａ弓丑补 also has declared鈥斺�淭he woman shall neither give away nor adopt a son.鈥�

鈥�Worthy鈥�;鈥攖his refers, not to caste, but to the presence of qualifications in conformity with the family concerned. Thus, it is that the Br膩hma峁嘺 can adopt sons of the 碍峁�a迟谤颈测补 and other castes also.

鈥�Affectionately.鈥欌�擳his has been added with a view to preclude greed and such motives for the giving away of the child.鈥�(168)

 

Explanatory notes by Ganganath Jha

鈥�厂补诲峁浥沘尘鈥�.鈥斺�楨qual by virtue, not by caste鈥� (Medh膩tithi);鈥斺赌楨qual by caste鈥� (Kull奴ka, N膩r膩ya峁嘺, R膩gha惫腻nanda and Nandana).

鈥�M膩t膩 pit膩 ca鈥�.鈥斺�楳other and father, mutually agreeing鈥� (Kull奴ka),鈥斺�榤other, if there is no father鈥� (R膩gha惫腻-nanda).

鈥�笔谤墨迟颈蝉补尘测耻办迟补尘鈥欌�斺�楢ffectionately, not out of greed鈥� (Medh膩tithi);鈥斺赌榥ot out of fear and so forth鈥� (Kull奴ka and Nandana);鈥斺赌榥ot by force or fraud鈥� (R膩gha惫腻nanda).

鈥�膧辫补诲颈鈥�.鈥斺�業f the adopter has no son鈥� (Kull奴ka and R膩gha惫腻nanda);鈥斺赌榠f the adoptee鈥檚 parents are in distress鈥� (N膩r膩ya峁嘺).

This verse is quoted in 惭补诲苍补辫腻谤颈箩腻迟补 (p. 652), which adds the following notes:鈥斺��厂补诲峁浥沘尘 of the same caste; if the father is dead or gone to foreign lands, and the mother finds herself in distress, she is by herself, entitled to 鈥榞ive away鈥� the son; similarly if the mother happens to be insane or dead, the father, by himself, is entitled to give him away; in other cases the child can be given away only by the consent of both parents;鈥攖he addition of the term 鈥�腻辫补诲颈鈥� means that no son can be given away in normal times; if he be given in normal times, the sin of it falls upon the giver, not the receiver, of the son.

It is quoted in 惭颈迟腻办峁�a谤腻 (2.132), which adds that no son should be given under normal conditions,鈥攖his being a prohibition meant for the giver, not for the adopter (adds the 叠腻濒补尘产丑补峁�峁�墨), who therefore incurs no sin;鈥攁nd in 痴墨谤补尘颈迟谤辞诲补测补 (Vyavah膩ra 188b).

It is quoted in 痴墨谤补尘颈迟谤辞诲补测补 (Sa峁僺k膩ra, p. 224), which adds the following notes鈥斺��膧辫补诲颈鈥�, during a famine and so forth;鈥攊f the child is given in normal times, the sin lies on the giver;鈥攐r it may refer to the adopter, in which case 鈥�腻辫补诲颈鈥� will mean 鈥榳hen he has no son鈥�,鈥攁lso on p. 211, where 鈥�蝉补诲峁浥沘尘鈥� is explained as 鈥榦f the same caste鈥�;鈥攊t rejects the view of Medh膩tithi that the Ksattriya can be adopted by the Br膩hma峁嘺, and also that of the Kafpataru that the Br膩hma峁嘺 can adopt a 艢奴dra, on account of their being opposed to 艢aunaka, Gautama and 驰腻箩帽补惫补濒办测补.

It is quoted in 础辫补谤腻谤办补 (p. 736), which adds the. following notes:鈥斺��础诲产丑颈岣�鈥� stands for all those details that accompany gifts;鈥斺赌�腻辫补诲颈鈥�, during a famine and so forth;鈥攐r 鈥�腻辫补诲颈鈥� may refer to the adopter, in which case it will mean 鈥榠n the event of his having no son鈥�;鈥斺赌�蝉补诲峁浥沘尘鈥�, of the same caste as the giver and the adopter;鈥斺赌�辫谤墨迟颈蝉补尘测耻办迟补苍鈥�, not moved by fear, or any such motive.

It is quoted in 狈颈谤峁嘺测补蝉颈苍诲丑耻 (p. 176);鈥攊n Vi惫腻daratn膩kara (p. 567), which adds the following notes鈥斺��膧辫补诲颈鈥�, when the adopter has no son;鈥斺赌�蝉补诲峁浥沘尘鈥�, of the same caste; but Medh膩tithi holds that the 鈥榚quality鈥� is in qualities, not in caste;鈥斺赌�辫谤墨迟颈蝉补尘测耻办迟补尘鈥�, free from all fear and such other motives;鈥攁nd in 痴测补惫补丑腻谤补尘补测奴办丑补 (p. 47), which reads 鈥�惫腻鈥� (for 鈥�ca鈥�) 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 Vij帽膩ne艣vara鈥檚 view that the sin of giving away the son in normal times accrues to the giver, not to the adopter;鈥斺赌�厂补诲峁浥沘尘鈥�, equal in family-status and other qualifications, says Medh膩tithi; hence according to him the 碍峁�a迟谤颈测补 also may be adopted by the Br膩hma峁嘺. But it prefers the view of Kull奴ka by which 鈥�蝉补诲峁浥沘尘鈥� means 鈥榦f equal caste鈥�.

This is quoted in 笔补谤腻艣补谤补尘腻诲丑补惫补 (Pr膩ya艣citta, p. 38);鈥攊n Vyavah膩ra-叠腻濒补尘产丑补峁�峁�墨 (pp. 557 and 692);鈥攊n 顿补迟迟补办补肠补苍诲谤墨办腻 (p. 48), which explains 鈥�腻辫补诲颈鈥� as 鈥榳hen the adopter has no son鈥�,鈥攁nd 鈥�厂补诲峁浥沘尘鈥� as 鈥榖elonging to the same caste,鈥欌�攊t notes Medh膩tithi鈥檚 opinion that 鈥�厂补诲峁浥沘尘鈥� means 鈥榩ossessed of equalities in keeping with the traditions of the family,鈥� and hence even a 碍峁�a迟谤颈测补 could be adopted by the Br膩hma峁嘺, and adds that what this means is that 鈥榳hen the Br膩hma峁嘺, has a body-born son, his other sons of the 碍峁�a迟谤颈测补 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鈥�;鈥攊苍 狈峁泂颈峁僪补辫谤补蝉腻诲补 (Vyavah膩ra 38a鈥攁nd 艢r膩ddha 4a);鈥攊n 碍峁泃测补蝉腻谤补蝉补尘耻肠肠补测补 (p. 73), which explains 鈥�补诲产丑颈岣�鈥� as 鈥榳ater鈥� and notes that it includes Tila and the other ingredients also,鈥攊t explains 鈥�蝉补诲峁浥沘尘鈥� as 鈥榦f the same caste鈥�, and 鈥�腻辫补诲颈鈥� as 鈥榠n the event of the adopter having no son鈥�,鈥攊t adds that 鈥�笔谤墨迟颈蝉补尘测耻办迟补尘鈥� (which is its reading for 鈥�辫谤墨迟颈蝉补尘测耻办迟补尘鈥�) means that the father or mother should make over the child through love and not through fear or covetousness;鈥攁nd in 顿补迟迟补办补尘墨尘腻苍蝉腻鈥� (p. 9 and 20), which explains 鈥�腻辫补诲颈鈥� as 鈥榙uring a famine or some such times of distress鈥�,鈥攁nd adds that if the parents give away the child during normal times, they incur sin.

 

Comparative notes by various authors

叠补耻诲丑腻测补苍补 (2.3.20).鈥斺�楬e 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.鈥�

痴补艣颈峁ａ弓丑补 (17.28-29).鈥斺�楾he second is the adopted son, whom his father and mother give in adoption.鈥�

痴颈峁ａ箛耻 (15.18-19).鈥斺�楾he adopted son is the eighth; and he belongs to him to whom he is given by his mother or father.鈥�

驰腻箩帽补惫补濒办测补 (2.130).鈥斺�楾hat son is called adopted whom the mother or the father gives away.鈥�

础谤迟丑补艣腻蝉迟谤补 (p. 41).鈥斺�楽imilar in quality to the Body-born son is the adopted son, who is given away by the mother and the father, with water.鈥�

笔补谤腻艣补谤补 (4.22).鈥斺�楾hat son whom his mother or father gives away is called the Dattaka.鈥�