Sutra 12

Devanagari script

नैवमित्यपसारो वा ब्रूयात् रूपाभिगृहीतः परस्य दानकारणमात्मनः प्रतिग्रहकारणमुपलिङ्गनं वा दायकदापकनिबन्धकप्रतिग्राहकोपद्रष्टृभिरुपश्रोतृभिर्वा प्रतिसमानयेत् ॥ कZ_०४.६.१२ ॥

Transliteration

naivam ity apasāro vā brūyāt; rūpābhigṛhītaḥ parasya dānakāraṇam ātmanaḥ pratigrahakāraṇam upaliṅganaṃ vā dāyakadāpakanibandhakapratigrāhakopadraṣṭṛbhir upaśrotṛbhir vā pratisamānayet ।

Translation

If he says, “Not so,” or alleges, “it was removed,” then—when a person has been seized/identified by appearance—the court should require corroboration: the giver’s grounds for giving, the receiver’s grounds for receiving, or other identifying indications, to be established through the giver, the one who arranged the giving, the document-writer, the receiver, eyewitnesses, or hearers.

Word by Word

nanot

evamthus; in this way

iti“thus”; (quotative)

apasāraḥwithdrawal; turning away; refusal

vāor

brūyāthe should say

rūpaform; (here) coin/money

abhigṛhītaḥhaving been seized/held (with it)

parasyaof the other person; of the opponent

dāna-kāraṇamthe reason/ground for giving

ātmanaḥof oneself

pratigraha-kāraṇamthe reason/ground for receiving

upalīṅganamcorroboration; supporting indication/evidence

vāor

dāyaka-dāpaka-nibandhaka-pratigrāhaka-upadraṣṭṛbhiḥby the giver, instigator of giving, registrar/recorder, receiver, and overseer/witness

upashrotṛbhiḥby overhearers/listeners (as witnesses)

vāor

pratisamānayethe should bring forward/produce (in reply)

Entities Mentioned

giver

agent/arranger (dāpaka)

scribe/record-keeper (nibandhaka)

receiver

eyewitnesses

hearers

FAQs

What is the administrative intent of listing multiple roles (giver, scribe, witnesses)?

To reconstruct the chain of transfer and reduce false claims by requiring corroboration from transaction participants and independent observers.

How does this address the problem raised in 4.6.10?

Since appearance can mislead, the court demands supporting proof—reasons for transfer and credible testimony/records.