Page:The history of caste in India.pdf/160

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140
HISTORY OF CASTE.

be traced in any of the earlier or later writers on dharma. The only place where a parallel passage occurs is in Mahābhārata (xiii, 47, 24, 6). All that we can say regarding this rule is that it represents the claim of the Brāhmanas of the period, in the matter of inheritance. Whether this rule was actually maintained by the rulers or not is a matter which needs more evidence before we come to any decision.

Our text also provides that on the failure of all heirs the property of the deceased may be taken by the king. But if the deceased be a Brāhmana the king should not take his property, but it should be distributed among Brāhmanas.

Like different rules which I mention this rule also appears to be quite old, and can be traced in some later writers.[1] Though I do not have any evidence from literature other than dharma, to corroborate the rule, I think the very persistence of the claim made by Brăhmana writers on dharma might have had some effect in rendering it sacred and inviolate.

We shall now turn our attention to another very peculiar claim of the Brāhmanas represented in the following verses:

"From the man who shall truly say with respect to treasure-trove 'This belongs to me,' the king may take one-sixth or one-twelfth part.

"When a learned Brāhmana has found treasure deposited in former times he may take even the whole of it, for he is master of everything. When the king finds


  1. Apas. ii, 14, 5; Gaut. xxviii, 42; Vasishtha, xvii, 83; Baudh. i, 13, 15-16.