History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.570

v4.c63.570

Other rules laid down in the smṛtis relate to the maximum that can be recovered by a creditor from a debtor at one time. All are agreed that the creditor cannot recover at one time from the debtor for principal and interest more than double of the money lent. Vide Kauṭ. (III. 11), Manu VIII. 151, Gaut. XII. 28, Yāj. II. 39, Viṣṇu Dh. VI. 11, Nār. IV. 107, Kāt. (509). This is called the rule of *dvaiguṇya*⁶⁸⁹ in the smṛtis and of *dāmdupat* in modern times. It will be explained in detail a little below. As regards the interest in kind on articles lent there is some difference of opinion, which need not be gone into in great detail. Manu VIII. 151 and Gaut. XII. 33 state that on loans of grain, fruits, wool and beasts of burden, and products like ghee and milk had from cattle the total recoverable cannot exceed in any case five times of what is lent. Yāj. II. 39 states that in the case of cattle and female slaves when loaned their progeny is the profit, in the case of liquids (like oil and ghee) when loaned the maximum recoverable is eightfold and in the case of clothes and grain it is respectively four and three times. Vas. II. 44–47 says the maximum recoverable at one time in the case of grain, flowers, roots, fruits and fluids (like oil) is three-fold and eight-fold in the case of things that can be weighed. Vide Viṣṇu Dh. S. VI. 12–15. Viṣṇu VI 17 (*anuktānām dviguṇā*) provides that where no special rule is laid down the maximum recoverable is to be only double of what is lent. Kāt. (570–572) states⁶⁹⁰ that the maximum recoverable in the case of precious stones, pearls, corals, gold, silver, fruits, silk, wool is double of what is loaned; of oils, liquors, ghee, raw-sugar and salt and land eight-fold, of baser metals five-fold. Vide Bṛ. (S. B. E. vol. 33 p. 322 verses 13–16) and V. Nirṇaya p. 229 (quoting Bharadvāja) for similar provisions.