“This idea of equating adopted children with natural children in matters of succession is well expressed in a responsum of Rabbi Jacob Emden which the learned Judge cited in another decision, In re: Succession of the late Yoseph Blum deceased (4)(at pp. 161), as follows:“If he rears the child for the glory of God the child is certainly to be regarded as his child and not only in lineage, but even where the child had parents and is being brought up by the stranger as a meritorious act, if the latter has no children [‘Abdu’l-Baha had no living natural sons] and is bringing up the child to be his son and to succeed him and they address each other as father and son”(response of Yavetz, Part I, section 168). So also with the deceased in the present case: He reared the child as his daughter to succeed him, and she called him “father” and he called her “daughter.” These were not vague terms of affection but expressed the precise legal relationship which had been created between them – at any rate with respect to the matter of succession.”
(Selected Judgments from the Israeli Supreme Court,
Vol. III, pp. 426-7.)
This was usually confirmed by some token such as a stick or a stone, or something, to make it definite that it was meant that it was a legal adoption. This is called institutive evidence.
“Institutive evidence is that which is created or adopted as a memorial of a fact and for the purpose of being evidence of the fact. The stone set up for a boundary; the giving of a clod of earth or a twig in livery of seizing as evidence or the transfer of the title [etc]….”(Sagebeer, The Bible in Court, p. 104.)
“The Master gave Mr. Remey what no one else ever received – relics of the Blood and Hair of Baha’u’llah; in the East this act symbolizes Mr. Remey’s adoption as a Son by ‘Abdu’l-Baha and his becoming a member of the Holy Family.”
(Questions and Answers about Charles Mason Remey and the Baha’i Faith, by F.C. Spataro.)
Shoghi Effendi recognized ‘Abdu’l-Baha’s adoption of Mason as true and legal. Immediately after the death of ‘Abdu’l-Baha, Shoghi Effendi called Mason to the Holy land in February and March of 1922 giving to him a “package of ‘Abdu’l-Baha’s most sacred possession,” which was left to Shoghi Effendi, as the executor of ‘Abdu’l-Baha’s Will to deliver to Mason Remey as his inheritance:“locks of Baha’u’llah’s hair”(which represents the headship of the International Baha’i Council/Universal House of Justice) and “drops of his coagulated blood”(which represents the bloodline of David and Baha’u’llah). On the outside of the package Shoghi Effendi addressed it to ‘Abdu’l-Baha’s “dear son” whom he later appointed to the headship of the IBC/UHJ. The hair and blood are the tokens of inheritance.‘Abdu’l-Baha’s most prized possession shows the evidence of the legal adoption passed on from father to son –‘Abdu’l-Baha to Mason. This type of evidence of a token is called “institutive evidence.”
Victor