History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.540.1

v4.c63.540.1

The idea of the liability to pay off one's debts was developed in India in the most ancient times. In Ṛg. VIII. 47. 17⁶⁶⁶ the poet exclaims 'Let us drive away the evil effects of bad dreams as we pay off debts'. In Ṛg. X. 34. 10 (the gambler's lament) it is stated that the gambler, because he owes a (gambling) debt, is afraid and approaches the houses of others at night, desiring wealth'.⁶⁶⁷ This indicates that a debtor was afraid of being detained by his creditor in those days. Ṛg. VIII. 66. 10 indicates that money-lenders made a stipulation to receive double of what they lent, 'Indra strikes by his power all *paṇis* who make representations of taking double'.⁶⁶⁸ The Ait. Br. 33. 1 (*ṛṇam-asmin san-nayati*)⁶⁶⁹ employs the very verb '*san-nayati*' which occurs in Ṛg. VIII. 47. 17. The Atharvaveda VI. 117. 3 and Tai. Br. III. 7. 9. 8 contain the same verse about a man being free from the obligations of this world, the next world (of pitṛs) and the third world (the world of gods).⁶⁷⁰ The Tai. S. (III. 3. 8. 1-2) uses the very word ‘kusīda’, which occurs⁶⁷¹ in the Dharmasūtras and smṛtis (for money-lending) when it says, ‘O Agni! whatever debt has not been paid back by me, the tribute that I owe to Yama, here do I make return of it; may I be freed from that debt!’. The Śat. Br. XIII. 4. 3. 11 associates *kusīdin* with black magic in the Pāriplava. The Nirukta (VI. 32) while commenting on Ṛg. III. 53.