Verse 8.39

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

निधीनां तु पुराणानां धातूनामेव च क्षितौ ।
अर्धभाग् रक्षणाद् राजा भूमेरधिपतिर्हि सः ॥ ३९ ॥

nidhīnāṃ tu purāṇānāṃ dhātūnāmeva ca kṣitau |
ardhabhāg rakṣaṇād rājā bhūmeradhipatirhi saḥ || 39 ||

Of ancient hoards, as also of minerals under the ground, the king is entitled to his share, by reason of his protecting them,—he being the lord of the soil.—(39)

 

Medhātithi’s commentary (manubhāṣya):

The clause—‘of ancient hoards, etc’— is supplementary to the before-mentioned rule that the king should take one-half of the treasure even when it is found by other persons;—while the clause ‘of minerals under the ground’ lays down what has not been mentioned before. Gold, silver and other metals in their crude form, as also red lead, black collyrium and other substances (in their crude form) are what are called ‘minerals.’ So that the man who operates golden and other mines, as also one who makes his living by digging out red chalk and such substances from mountains, has to pay the king’s share.

‘Ardhabhāk,’ ‘is entitled to a share’—The term ‘ardha’ here should be taken as standing for share or part in general; because it occurs in a compound; just as in the compounds ‘nagarārdha’ and ‘grāmārdha’ (which mean part of the city, part of the village); it is only when it is used in the neuter form that it means exactly half; in the present instance however, as it occurs in a compound and its gender is not ascertainable, it has to be taken as standing for the sixth or twelfth part, which has been spoken of in the present context. ‘He is entitled to his share’;—this means that he takes a part of it.

The reason for this is stated—‘on account of his protecting them’—Though when the treasure is buried under the ground, there is no need for any royal protection, yet it is open to the risk of being taken away by some powerful person; so that there is need for the king’s care. It is with a view to this that it has been added—‘he being the lord of the soil’;—he is the master of the soil, so that when something has been obtained out of the soil that belongs to him, it is only right that he should receive his share out of it.—(39).

 

Explanatory notes by Ganganath Jha

This verse is quoted in Vīramitrodaya (Rājanīti, p. 267), which adds that this verse is supplementary to 38, and notes that the second half, which the king should deposit in his treasury (in terms of verse 38), is to be so kept with the clear purpose of handing it over to the rightful claimant when he turns up.

 

Comparative notes by various authors

Gautama (10.43-45).—‘Treasure-trove is the property of the King,—except that which is found by a Brāhmaṇa living according to Law;—some declare that a non-Brahmaṇa also finding hidden treasure and reporting it to the King, shall receive one-sixth of its value.’

Vaśiṣṭha (3.13).—‘If any one finds treasure, the owner whereof is not known, the King shall take it, giving one-sixth to the finder.’

Viṣṇu (3.58-62).—‘A Brāhmaṇa finding treasure shall keep it entire; a Kṣatriya finding treasure must give one-fourth of it to the King, another fourth to Brāhmaṇas and keep half to himself; a Vaiśya finding treasure must give a fourth part to the King, one-half to Brāhmaṇas and keep the remainder to himself. A Śūdra finding treasure should divide it into twelve parts and give five parts to the King, five to Brāhmaṇas and keep two parts to himself. Let the King compel him who having found treasure does not report it to the King and is found out afterwards—to give up the whole.’

Y ājñavalkya (2.35).—‘If some one else finds a treasure, the King shall take the sixth part of it; if he has not reported it to the King and is found out, he should be compelled to deliver the treasure and also pay a line.’

Agnipurāṇa (222.14).—(See under 38.)