Chapter LVI

CHAPTER LVI.

1. As to the fifty-fifth question and reply, that which you ask is thus: What is this adopted-sonship and guardianship of the family, and what does it become; in what manner is it necessary to appoint it, whence is it necessary to provide food and clothing for it, and how is it necessary to be for it?

2. The reply is this, that the adopted-sonship is thus:--It is requisite whenever a man of the good religion is passing away, while he is a complete ruler of a numerous household 1, who has no wife and child that may be privileged 2 and acknowledged, nor associating brother, nor son by adoption, and his property is sixty stîrs 3 of income. 3. The controlling (khûdâyînag) of the property is to be publicly provided out of the kindred of the deceased, and is called the adopted-sonship; and he is to be appointed to it who is the nearest of the same lineage (min ham-nâfân), who will manage and keep the property united in its entirety.

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4. The guardianship of a family is that when a guardian has to be appointed in that manner over the family of a man whose wife 1, or daughter, or infant son is not fit for their own guardianship, so it is necessary to appoint some one. 5. And it is necessary to appoint the adopted son and the family, guardianship at such time as may be convenient to them; and when the man passes away as I have written it is necessary to appoint at such period as I have written, and to neglect it temporarily, even the length of a year, would not be authorised.

6. Fit for adoption is a grown-up sister who is not adopted in another family 2, then a brother's daughter, then a brother's son, and then the other nearest relatives. 7. Fit for the family guardianship is first the father of the serving wife (kagar) 3, then a brother, then a daughter, and then the other nearest relations; among brothers he who is the eldest (mas) among them is the fittest.

8. The food and clothing of a wife that may be privileged--who is the house-mistress of the family, and is one kind of adopted son--of a living infant son till he becomes grown up, and of a daughter of the family while she is in the guardianship of the family guardians 4, are out of the property of the family so long as it exists for the purpose.

9. It has become the custom that the lapfuls and

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armfuls 1 of the family guardian are every month four stîrs of, it may be, sixteen 2, which is the disbursement (andâzisnŏ), for food, clothing, medicine, and shelter, out of the income (bar), or out of the capital (bûn), of the property which remains in the family, by a perfect 3 wife when she is capable--such as the former house-mistress--so as want of nourishment (atafdâdŏ) may not come nakedly and unlawfully upon them.

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