Verse 8.35 [Treasure-trove (nidhi)]

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

ममायमिति यो ब्रूयान्निधिं सत्येन मानवः ।
तस्याददीत षड्भागं राजा द्वादशमेव वा ॥ ३५ ॥

mamāyamiti yo brūyānnidhiṃ satyena mānavaḥ |
tasyādadīta ṣaḍbhāgaṃ rājā dvādaśameva vā || 35 ||

In regard to a treasure-trove, if a man says truly ‘this is mine,’—from him the king shall take the sixth part, or only the twelfth part.—(35)

 

Medhātithi’s commentary (manubhāṣya):

Treasure secretly buried under the ground is called ‘nidhi,’ ‘treasure-trove.’ There are treasure-troves that have lain under the ground for a hundred, or even a thousand years. If, when the ground is being dug, such a treasure-trove is somehow found by some one, it belongs to the state. As says Gautama (10.43)—‘Treasure-trove when found is state-property.’ But this applies only to the case of a treasure-trove the original hoarder of which is not known. And with regard to this it has been laid down that one who reports the find is to receive the sixth part of it.

The present verse refers to the case where the original hoarder is either the person reporting the find himself or a descendant of his.

‘If a man says “this is mine” truly’—i.e., on reliable evidence,—‘from him the King shall take the sixth part’—at which the King’s share is fixed. That is, the King is to take the sixth part out of that treasure-trove of which the rightful owner has been discovered with certainty.

The option regarding the ‘sixth’ or ‘twelfth’ part is based upon the qualities of the finder.—(35)

 

Explanatory notes by Ganganath Jha

The amount to be taken depends ‘upon the character of the finder’ (Medhātithi, Kullūka and Rāghavānanda),—or ‘on the caste of the finder’ (Nārāyaṇa),—or, ‘on the time, place, the caste of the finder and so forth’ (Govindarāja).

This verse is quoted in Aparārka (p. 641), which adds that the amount of the royalty shall be determined in due accordance with the character (of the claimant, and of the treasure);—in Mitākṣarā (on 2.34-35), which notes that the proportion of the royalty is to be determined by considerations of the caste of the claimant, the nature of the place and time and such other details;—in Vivādaratnākara (p. 642), which adds the following notes:—‘Nidhi’ here stands for ‘treasure buried underground long ago and forgotten’,—whether the king shall receive the sixth or twelfth part shall depend upon the virtuous character or otherwise of the person claiming it.

It is quoted in Vyavahāramayūkha (p. 88), which appears to take the meaning to be that the king shall take the sixth part for the state, and also the twelfth part for the person who discovered the treasure.

It is quoted in Vīramitrodaya (Rājanīti, p. 269), which adds that the exact proportion shall depend upon the time and upon the qualifications of the owner of the treasure;—and that this refers to treasure belonging to others than the Brāhmaṇas.

 

Comparative notes by various authors

Viṣṇu (3.63).—‘Of treasure anciently hidden by themselves, men of all castes excepting Brāhmaṇas, shall give a twelfth part to the King.’

Yājñavalkya (2.35).—‘When some one has discovered hidden treasure, the King shall take the sixth part of it. In cases where the find is not reported to the King, on coming to know of it, he shall take the whole of it, and also fine the finder.’

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

Gautama (10.43-45).—‘Treasure-trove is the property of the King,—excepting such as is found by a Brāhmaṇa who lives according to the law. Some people declare that a finder belonging to a non-Brāhmaṇical caste also, who reports the find to the King, shall obtain the sixth part of its value.’

Nārada (Vivādaratnākara, p. 343).—‘If a man finds treasure hidden by some one else, he shall take it to the King; all treasure-trove, to whomsoever it may have belonged, should go to the King; except that belonging to the Brāhmaṇa.’

Viṣṇudharmottara (Vīramitrodaya-Rājanīti, pp. 269-270).—‘Having obtained a treasure-trove, the King shall keep half of it in his Treasury; and the other half the righteous King shall make over to Brāhmaṇas.’