and ePub version.
NOTE: Also available in PDF version
and ePub version.
Translated by E. W. West, from Sacred Books of the East, Oxford University Press, 1897.
This digital edition 1996 by Joseph H. Peterson.
Comments in {} added by JHP, mainly to facilitate searches.
Punctuation and spelling have also been normalized to conform
with other texts in this series.
Introduction: Classification, names, and divisions of the Nasks (1) | |
| 1. | Sudgar Nask (gathic/religious) (2) |
| 2. | Warsht-mansr Nask (gathic/religious) (3) |
| 3. | Bag Nask (gathic/religious) (4) |
| 4. | Damdad Nask (Hadha-manthric/scientific) (5) |
| 5. | Nadar Nask (Hadha-manthric/scientific): only the Avesta extant (6) |
| 6. | Pazag Nask (Hadha-manthric/scientific)
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| 7. | Ratushtaiti Nask (Hadha-manthric/scientific) (8) |
| 8. | Barish Nask (Hadha-manthric/scientific)
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| 9. | Kishkisrub Nask (Hadha-manthric/scientific) (10) |
| 10. | Wishtasp-sast Nask (Hadha-manthric/scientific)
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| 11. | Washtag Nask (gathic/religious): not extant (12) |
| 12. | Chihrdad Nask (legal)
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| 13. | Spend Nask (gathic/religious)
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| 14. | Bagan-yasn Nask (legal)
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| 15. | Nigadum Nask (legal)
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| 16. | Duwasrud Nask (legal)
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| 17. | Husparum Nask (legal)
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| 18. | Sagadum Nask (legal)
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| 19. | Vendidad Nask [Jud-dew-dad] (legal)
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| 20. | Hadokht Nask (gathic/religious)
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| 21. | Stud-yasn Nask (gathic/religious)(46) |
Nask 6: Pazag (Hadha-manthric/scientific) (7) | |
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Meat-offering, preparations, and priests for season-festivals (Gahambars); (§10) periods of day and year, Frawardigan days; gathering herbs, chastisement of sinners, 33 chieftainships, apostasy; (§20) almsgiving, summer and winter, calamity of a century, months. | |
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1. The Pazag contains particulars about lawfully slaughtering a sheep, for the ceremonial of fires, waters, and holy-water, in aid of a season festival [gahambar]1 of the Mazda-worshippers; besides this, namely, in what are the skill, and the means for selection, of a man for such work, and the formula (nirang) of the ceremony. 2. And this namely, from which limb of the sheep species is the share of the fires and waters to be taken, and how is the preparation which is to be carried on, and with what Avesta. 3. And whatever is about a season festival [gahambar]; where the appointed place is, when one celebrates it, and when it has fully elapsed; the assembly of the season festival, and the donation for the feast; where and when the celebration is possible, in what proportion the provisions are to be given out, and when to be prepared and divided; where its advantage is, and what benefit there is from it to the good creations both spiritually and materially. |
1. The six gahambars or season-festivals are held on the five days ending, respectively, with the 45th, 105th, 180th, 210th, 290th, and 365th days of the religious year. |
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4. And this, namely, what skill is more suitable for the sacerdotal (rad-pishag) leadership and other priestly authority (radih) each separately. 5. About the business of the sacerdotal leadership, where it is owing to having appointed the place and having gone forth to the assembly of the Mazda-worshippers, and when they are to be made aware that that assembly is more particularly for the arrangement of renunciation of vice and retribution for sin; the needful supply of things for the feast; the selection of the men for the Zot duty and Raspi duty before the day; the Zotis, Raspis, and others who put in action the work for the preparation and giving of the portions; and the cleansing of the body-clothing. 6. As to the selection of the president (pesh-gas) of the feast there is this, namely, what ability is requisite for that presidency. 7. The allotment of the portions, and giving them sooner to those who are sooner in need of them. 8. Scoffing before priestly authorities, who are great and good, and when they do not give a portion to the authorities are cases when the season festivals [Gahambars] are not to be considered as celebrated. 9. This, too, that the Zotis and Raspis are for the Zot duty and Raspi duty, and the other priestly authorities for the control of sin and computation (avar) of the portions; and more on the same subject. 10. About the rotation of the day-watches (gahs), days, months, and seasons of the year -- which are when it is summer and winter -- and the appearances (sahishno) therein which are owing to the motion of the constellations. 11. Where the coming of the righteous guardian spirits (farohar) into the worldly existence occurs, in those ten days which are the end of the winter and termination of the year, because the five Gathic days, among them, are for that purpose; the cessation of that same, as well as its continuance. 12. The great needfulness of the guardian spirits of the righteous in the ceremonial and obeisance of those ten days, and their abundant gratification therefrom; their vexation from want of welcome and want of obeisance; and their ascent from the worldly existences. 13. The extreme importance (frevoanikih) of liberality and bounty at that season; and the proper duty of the priestly authority of a district (shatro) in assisting and interceding for the poor, for the sake of teaching, from the days devoted to the guardian spirits, proper actions among those having guardian spirits. 14. About the period for taking medicinal plants, and whatever is on the same subject. 15. About where there is a household, village, communal, or provincial petitioning for the royal chastisement of sins affecting the soul, each separately; and for whom is the atonement. 16. About the advantage owing to disposal of sin and infliction of chastisement, and the harm owing to not disposing of sin and neglecting the chastisement inflicted. 17. About the first thirty-three chieftainships (radih), around and concealed; that is, which and how many are spiritual, and how many worldly; and which is the second, and which the third, of the spiritual and worldly existences. 18. About the admirableness and great meritoriousness of public observances, and the awfulness and grievous sinfulness of apostasy. 19. And also this, that is, when any one is doubtful, through apostasy, which is the law from the sacred beings in elucidation, and which of the sacred beings is to be entreated for assistance. 20. About this, namely, for which of the women the bringing of a handful of anything, from the property of her husband, to be given away is allowable in what proportion, and how, and for whom; and for whom, when she gives it away, it is allowable for the husband to bring it back. 21. About this, namely, when summer comes on, where does winter run to; and when winter comes on, where does summer go to? 22. About the amount of disaster that has passed by in one century, and the duration of its passing; everything which is connected with the disaster, and whatever is on the same subject. 23. Where and how many months are of such a kind, and how many of such a kind; as well as the religious names of the twelve months, and the reason of the name of each one of them, that is, to which of the sacred beings, in the ceremonial, each one of these twelve months is predominantly appertaining; so also of the thirty days which are in every month, and so also of the five Gathas in every -- year that is, the five Gathic days at the end of the year -- all the sacred beings to whom they are appertaining, and when the righteous guardian spirits (asho farohars) are reverenced. 24. Righteousness is perfect excellence. |
Good and evil; advantages and disadvantages of the period.
Particulars about Kay Vishtasp, visit of the archangels to him, and his war with Arjasp.
Races and monarchs from Gayomard to Zartosht; (§17) the Sasanians and some leaders of religion.
Birth and life of Zartosht, his vision of the past, future, and other world; (§12) his posthumous sons, the future apostles.
Worship of the sacred beings and duties of the worshippers.
Section 5: (20) |
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1. In the fifth section are twenty-four particulars [1] about
the standing up and going forth of a man with a weapon and angry
thoughts towards another man; and also when he takes a
beast of burden, saddles it, and sits upon it, takes the
rein [2] (ayôkham) in hand and walks away; this,
too, that, when he arrives there, he smites that man, or
some one else and whatever is on the same subject. 2. About what
one has to do when the conversation of two men is of
the destruction of a righteous man, of high way robbery,
and of the cursing owing thereto; and whatever is
on the same subject. 3. About what one has to do when,
of two men who are on the same road, one slays a righteous
man ; and about the other when he is fearless, and
when he is fearful. 4. About preserving one worthy
of death when it requisite for medical purposes (bezhashkîh),
though the plaintiff is of a different opinion; and whatever
is on the same subject.
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1. It is not clear whether these twenty-four particulars are
to be sought in the details of § 1, or in the whole chapter,
or some portion of it.
2. Merely a guess. |
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5. About the needlessness of plaintiffs and defendants
speaking as to the substance (min tanû) of the law, when
the witness and judge is the supreme priest; the confidence which
they may place in the decision of the supreme priest, due
to his own knowledge and evidence, when, moreover, they have
not to atone in the body; and the want of confidence in
another judge when, moreover, they have to atone in
the body, and the needfulness of plaintiffs and defendants speaking
on the substance (val tanû) of the law, even when the judge
is aware of the law. 6. About unauthorized combatants, become
mutually sinful, when, to dissipate (sîkhtanô) a wound
of the one, he would make the other one worthy of death.
7. About supplies (pishôn) [3] in traveling together, and
their renewal; and whatever is on the same subject.
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3. Compare Pers. bishinj, Av. fshaoni. In some cases it might perhaps be read pîkhvô, and be traced to Av. pithwa. The word often occurs, as in § 11, Chap 23.3, 15, 26.10, 27.4, 6, 31.25, 36, 37.5, 7, 32, 41.19, 23, 43.19, and its meaning, 'provision, or nourishment' is well ascertained. |
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8. About inflicting penalties by magistrates, the assistance of
the unmagisterial given to magistrates, the assistance
of the magistrates, and the exemption of these latter from atonement
to those former; likewise about conversation as to an assault,
and whatever is on the same subject. 9. About the evasion of penalty
by men at the time when a sin may be committed, and the
arrest of their nearest relations being important, in whatever
measure implicated therein and impossible to consider innocent;
how to confine and make them really coerced to seek a remedy,
and whatever is on the same subject. 10. About the powerfulness
which comforts in sin where there is any special worthiness,
and the reason of any worthiness; the want of power where there
is special unworthiness, and the reason of any unworthiness; the
production of the good works of one towards another of the powerful,
and of the sin of one of those lacking power; and whatever is
on the same subject.
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11. About the plaint which one has to argue, and for the defendant
to dispute; the time for making the statement (gôbô)
when the defendant does not come, or comes not to conduct the
business; the several peculiarities of plaintiff and defendant,
the time for conducting being on the day before yesterday, the
firm one and the powerless, the incrimination therein,
the death-blow on the exhaustion of the possessions of the plaintiff,
and provisions for conducting the legal proceedings; a privileged
wife [4] shall be capable of making a plaint for her husband,
and of informing the husband of the plaint; when her property
is anything whatever, and nothing is manifest as to that wealth,
she is to be admitted for evidence; and whatever is on
the same subject.
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4. One married to her husband with the parents' consent, and never betrothed to another, so that she and her children belong to him in both worlds (See Bd.32.6 n). |
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12. About the ordeal of those who have atoned, of those
undergoing the sacred-twig ordeal, and of those undergoing the
heat ordeal, who are pure; the freedom from falsehood of
which, each separately, which they, every one of them, request
when the ordeal is not that for their own station, but that for
the station of others; and whatever is on the same subject. 13.
About the object of any evidence, and, on account of the reason
of its propriety, the impropriety of any one being without
evidence; and whatever is on the same subject. 14. About the reality
of a statement due to an ordeal, and so many having
gone to the ordeal place for the sake of watching the first-comer
and after-comer; the time of performance, the statement,
the ceremonial and the invulnerability due to it; the kinds of
incrimination, how to protect the limbs by which the ordeal is
accomplished, and each one of the formulas (nirang) of
protection; the superintendence for observing the ceremonial,
and the decision about the acquitted or convicted one.
15. This, too, that is, whose going to the ordeal place is
first, second, third, fourth, fifth, sixth, seventh, eighth, ninth,
and tenth; and by whom is the command to be given. 16.
About the business of the ordeal attendants (var aûstîgânô).
17. About incrimination through confession, or some other reason,
the reliance restored thereby, and whatever is on the same subject.
18. About a thief destroying life and escaping, the suspicion
owing thereto, about any one, as to assisting the thief, and whatever
is on the same subject. 19. About there being no ordeal
for those confessing, and so also as regards those of good repute;
accusation as to the existence of a limit to the good repute,
even that which is for the extent of a Yujyast, a Dashmest, an
Agoyôst, a Tachar, and a Hasar [5] at the least.
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5. The relative lengths of these five measures of distance are stated in Farh. Oim, p. 41, ll. 9-11, as follows: 'So much as two Dashmest (Av. dakhshmaiti) is as much as a Yujyast (Av. yujyasti); so much as two Agoyohast is as much as a so much as two Tachar is as much as an Agoyohast; and so much as two Hasar (Av. hathra) is as much as a Tachar (Av. tachara).' As the average Hasar is a Roman mile (see chap. 19.54 n), the Tachar ('run?') is two, the Agoyost or Agoyohast ('cattle-run?' Av. gaoyaoiti?) is four, the Dashmest ('distance-mark?') is eight, and the Yujyast ('stage?') is sixteen miles. This series of distances is analogous to the Sanskrit series, but more elaborate; the Hasar is best compared with the Krosha as the commonest unit of moderate distance, though less than half its usual length; the Agoyost is nearly the same as the Gavyuta; and the Yujyast is analogous to the Yojana, though nearly double its length |
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20. About litigation as to a costly article, when a witness of
its possession by the one party is combined with
non-possession by the other one with no witness, or with
its possession by the other one with a single witness; or
the witness of one is with the sacred beings, and its possession
by the other one is likewise not manifest; when both parties
are related (khidyahîk), or both are unrelated (anazdîhîk);
and what kind of possession they say is most real. 21. About annulling
the decision of a judge, and the time it is done at the court
of a chief judge, and also owing to an ordeal for certainty;
and whatever is on the same subject. 22. About the litigation
of three persons as to property it is declared, so much is given
to one on the day Ohrmazd to the day Vohuman [6], to another one
on the day Ardwahisht, and possession is not made over
to the third one at all.
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6. That is, on the first or second day of the Parsi month; and to the other on the third day. |
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23. About selling property which is not one's own, and
whatever is on the same subject. 24. About controversy as to anything
which ought not to occur. 25. About any essential dispute that
any one has, when agreeing thus: 'I do not have it as my
own, but owing to the other person;' and whatever is on the same
subject. 26. About the litigation of an Iranian with a foreigner,
or with foreigners, of a foreigner with an Iranian, or
a slave with a man of the country, as to a costly article;
and whatever is on the same subject. 27. About a much-clamoring
plaintiff having summoned defendants to the judges regarding a
decision, and about the perverted wordiness and mixed verbiage
in the legal proceedings; and whatever is on the same subject.
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28. About the time for a high-priest of property and possessions,
what is the specific necessity for a high-priest, and whatever
is on the same subject. 29. About the fitness of a woman for evidence
and judgeship when guardian over herself, and the unfitness
of a privileged wife [7] who is a foreigner and worthy
of death for only a single offense, even with the authority
of her husband; and whatever is on the same subject.
30. About the owner of a pledge not depositing the pledge beforehand,
and whatever is on the same subject. 31. About giving up
the property of partners, and whatever is on the same subject.
32. About the property that any one possesses, and is without
any witness as to his ownership and possession of it. 33.
About the ordeal of excessive eating (pâûrû-khûrânô)
for escaping distress (mûst-karzhîh) by plaintiffs
and defendants before driving each other into legal proceedings,
and whatever is on the same subject.
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7. See § 11 n. |
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34. About the legal proceedings as to a female [8] they steal
from some one, and she becomes a suppliant of a thief; some one
takes her by sequestration (hachîdakîh) [9],
and they steal her also from him; the original possessor (bûn)
sees his own, not knowing she is back alive, when they
become disputing about her; and whatever is on the same
subject. 35. About property which is in the possession of any
one, when someone gives it up to some one else in his sight,
and he does not dispute it. 36. About a master teaching
a disciple not to go back to legal proceedings, and whatever
is on the same subject. 37. About controversy, with any one, as
to special property in righteous gifts, and whatever is
on the same subject.
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8. A slave no doubt.
9. This is the technical term for legal seizure, or sequestration (see Chap. 39). |
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38. About legal proceedings in which one accomplishes an
ordeal three times, and it comes off in one way; and whatever
is on the same subject. 39. About the existence of the many kinds
of speaking with wizard's spells [10], and those with threats
of danger; and about the usage in witchcraft as to the moderate
and justifiable production of mutual afflictiveness thereby.
40. About which is the ordeal for one worthy of death,
the greatness and littleness of an ordeal, and also this, that
is, which are the blessed among twenty of those undergoing ordeals.
41. About the proportion of firewood, and from which tree it ought
to be good; and again, too, the several appliances and
formulas that are necessary in accomplishing the ordeal. 42. And
this, too, that when the man is aware of his own truth, even though
he be aware of it, the fire speaks in the words
of men thus: 'Walk not on to me! for I chastise during one's progress.
43. About one still mediating in legal proceedings as to
a thief who has acted faithfully about quitting confinement
and fetters to cause a ceremonial [11], and whatever is on the
same subject.
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10. See Chap. 17.6.
11. Or it may be 'to provide supplies.' |
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44. About the wealth of a priest who is not keeping his property
in edifices (aûzdeshîkîh) or domains (matâ),
but goes on with his occupation; and when he passes away,
to whom and how ii has to come. 45. About litigation as to property
from the residuary wealth of fathers, about keeping it
together (vâham-dâr), and whatever is on the same
subject.
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46. About the amount of retribution, in confinement,
fettering, and punishment, for a lamb [12], a sheep, or a
beast of burden, which is stolen; and whatever is
on the same subject. 47. About a defendant regarding whom three
plaintiffs complain, all three as comrades, one as to a lamb,
one as to a sheep, and one as to a beast of burden;
and whose answer is first given. 48. About the litigation
of three persons as to a costly article which remains apart from
then a, he who deposited it being a strong person, and the ownership
of not even one of them being certain. 49. About the coming
of retribution to three persons who, all three as comrades, have
stolen a lamb from one, a sheep from another one, and a
beast of burden from a third one.
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12. See Chap. 19.47. |
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50. About the reason of the justifiability, and that also
of the unjustifiability, of confining a fellow-countryman
for his own theft, and whatever is on the same subject.
51. About the extent of continuance in hearing a defendant, and
this, too, as to a plaintiff; also about the time
appointed for speaking, and its extent. 52. And about this, namely,
when any one has made an accusation about any other, and goes
back at the time appointed, and, before a reply is given,
he shall make out another accusation about the same man, to which
of the two accusations a reply is to be first given.
53. About the reason of the hardship of legal proceedings; about
what man it is whose statement is second, third, fourth,
and last in conducting legal proceedings; and about the
twenty-two stratagems in conducting legal proceedings.
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54. About the canceling (pâdyârânîh) of
an ordeal, even that which is accomplished with three selected
witnesses. 55. About the season of the hot ordeal, and also that
of the cold; and whatever is on the same subject. 56. About
one, in a procedure, demanding an ordeal, the other one
having appointed the time for the supreme priest, and whatever
is on the same subject. 57. About the benediction of the supreme
priest on making, or changing, a decision; also this, namely,
which are the blessings for changing, through their nature,
a decision which is made.
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58. About evidence of walking upon a water-skin (khîk) and
putting something inside it, of assault and wounds,
of wealth which they squander (nikizend) and a righteous gift,
of a damaged and sequestrated thing; and of rubbing up
(pâdô-mâlisnô) and buying it strengthened
[13], and at a price. 59. On litigation about the ownership
of a wife, cattle, trees, and land; and whatever is on the same
subject. 60. About the certainty of the statement of several leaders
of an affair, as to that on which their affair depends, and
of the supreme priest, or three witnesses, in every legal
proceeding. 61. About incrimination (aîrikhtakîh)
of several kinds as to statements in legal proceedings, and
whatever is on the same subject. 62. About the modes of action
for eradicating the deceptions (frêvôânô-fitâr)
of apostates, and whatever is on the same subject.
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13. Paz. aôganghen for Av. aoganghem = aojanghem (see also Chap. 41.17, 18). |
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63. About cases where the virtuousness of the thoughts,
words, and deeds of mankind is all derived from
the virtuousness of the beneficent spirit, and mankind themselves
shall render it their own, and, in that way, its reward
reaches them; and their viciousness is all derived from
the viciousness of the evil spirit, and mankind themselves
shall render it their own, and, in that way, its bridge
penalty [14] reaches them.
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14. The decision announced at the Chinwad bridge (see Chap. 14.8), as to the fate of the soul until the renovation of the universe, after the account of its good works and sins has been accurately balanced. |
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64. About the injuriousness due to unrenounced sinfulness, that
is, what is injured by the first, second, third, fourth, or fifth
unrenounced Aredush sin [15]. 65. About where and which
is the speaking with threats of danger [16], and which is the
taking up of a weapon (âgêreptô), not
the turning it down, that becomes a tanapuhr sin [17];
also the sin which is owing to such sin.
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15. Farh. Oim, p. 36, ll. 6, 7, has when through sinfulness one
lays a weapon upon a sinner, the name is Aredush.'
16. See Chaps. 17.6, 19.1. 17. Whereby a person becomes an outcast and worthy of death. According to Vend. 4.67-72, 75-78, 81-84, this occurs on the eighth committal of an Agerepto, on the seventh of an Avoirishto, and on the sixth of an Aredush; or on the first committal of any of the three, if the criminal refuses to atone for it. |
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66. About the case where one has to atone, and who
does it; he who undergoes the sacred-twig [barsom] ordeal has
atoned best; and which is the least heat ordeal. 67. About
two men having seized property together, and having
together, at the time, demanded a judge and ordeal about it;
and when one seizes the property some time earlier, and the other
one demands the judge and ordeal earlier; and whatever is
on the same subject. 68. About some one carrying off the
property of a person from the custody of another person
in sight of the same, and he who kept it before is, within a Hasar
[18], a witness before the judge as to its custody or possession;
and also when the witness of it has not come within the Hasar;
and whatever is on the same subject.
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18. Eighty minutes on the average (see Chap. 19.54 n), but varying from one hour to two, according to the duration of daylight. |
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69. About cases where the decision of the judge is to be
made from the Avesta and Zand [19], or from the common consent
of the good [20], and whatever is on the same subject.
70. About the justifiable selling of a man, a sheep, or a beast
of burden, as free from defect when its defect is not obvious;
also about the symptoms of their defects. 71. About the case
where and how far a decision, about which one is
in dispute, is a solitary statement, or more.
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19. That is, from the scriptural law and its commentary.
20. That is, according to precedents recorded by the priesthood. |
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72. About the object of the appointment of a judge, the eminence
of an appointed judge, and whatever is on the same subject. 73.
About the reasonableness of the severity and want of severity
of judges. 74. And this, too, that the judgeship is to be given
to him who is acquainted with the law (âkâs-dâd)
[21]; and the object of acquaintance with the law. 75. About the
case where there are a supreme judge of the law,
a plaint, a defense, an arrangement of legal proceedings, and
an award; and through what sin it becomes injustice. 76.
And this, too, that the justice of him who may therein commit
falsehood, as regards so many essential decisions, is injustice.
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21. This term is explained in an extract from some Nask (compare Chap. 43.9) quoted in Farh. Oim, pp. 17, l. 9-18, l. 5, as follows: 'Av. kô asti tkaêshô vivishdâtô, which is the judge who is acquainted with the law? Av. yô aêta pairi arethra frazânaiti, he who thoroughly understands the adjudication from the statements [even though he does not easily understand many of the statements, and though it be not easy as regards the statements which are not numerous, is an official who is acquainted with the law (kardâr-i âkâs-dâd); and he who does not thoroughly understand the adjudication from the statements, even though the statements are not numerous, and if be not easy for him as regards them, is to be still considered as unacquainted with the law (anâkâs-dâd)i.' |
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77. About the many who may seize wealth, which is the property
of some one, with their own hands; and, when they litigate about
it, he says it is his own property, whereby they
are convicted. 78. About incrimination of five kinds as to whatever
property is on the spot, or at a distance (pavan hasar); and whatever
is on the same subject. 79. About putting apart, keeping apart
[22], and two apart before being put away; also about litigation
as to keeping apart, and whatever is on the same subject. 80.
And when some one has to deliver property which is
a person's own to some one else, in the sight of him whose own
it is, and he who is seizing upon it disputes about it
as his own property; and whatever is on the same subject.
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22. Compare § 115. |
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81. About disputing the debts of fathers when one of their associates
is confessing them, and the rest have come, and it is possible
for them to dispute them, but they do not dispute.
82. And about the progress of a dispute of one of the associates
as to the whole debt of one's fathers. 83. About the possibility
of children being worthy of death, for wizard's spells,
when with their guardian; and a woman being so when guardian
of herself. 84. About a case where the amount of a lamb
(mîdat-î asperenô) is the lowest, and the amount
of a human being (vîrôk mozd) is the highest [23].
85. About theft and plunder as regards one's own property, when
one brings it away from the possession of some one without
dispute. 86. About the triumph of him who, falsely investigating,
may act judicially by illegally-issued incentives, when he institutes
legal proceedings for the sake of appearances [24]; as distinguished
from him who is truly seeking and truly investigating.
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23. The minimum and maximum grades of value mentioned in Chap.
19.47. Here it is evident that mîdat and mozd are synonyms,
the former being, no doubt, the Zvarish, or Semitic, equivalent
of the latter, compare Chald. ...
24. Pahl. khâkûnîhâ, literally 'through making a dust.' |
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87. About the statements of a litigation of man and wife,
which is justifiably brought on [25]. 88. And also this,
namely, when she sees herself injured, or defense is possible
by means of that which is discharged by two fingers [26], it is
justifiable when they shall institute no litigation but seizing.
89. About the person who has become privileged to
give away a daughter to a husband, her father having passed
away. 90. About the sin of making a damsel (kanîk)
weary of her husband. 91. About the sin as regards property in
this action, either produced where the action for this purpose
is really devoid of illiberality (adahishnîh), or to commit
in order that they shall give me a wife even when they do not
give her on that account. 92. About the sin of giving a
girl (kanîk) for a girl, or other living thing, or of
speaking thus: 'Do thou go in unto my sister, or daughter,
while I, too, will go in unto thine.' 93. And the sin as regards
the person of my wife, too, which is owing to that sin. 94. About
one obtaining back the value which he gives away for a
girl, when the girl is not that value in wedlock. 95. About a
girl who, after fifteen years of age, is not given to a
husband; and her father, to satisfy her menstrual excitement
(dashtân-mêyah vijârdanô), and to sustain
it, becomes sinful and harbors a paramour; and whatever
is on the same subject.
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25. Or it may be 'of a man and a woman who is domineeringly
plundered.'
26. That is, in some very easy way. The intention was probably to discourage petty disputes between man and wife, by not interfering with the stronger party when aggrieved. |
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96. About having given food, and anything except a wife,
to any one who praises the Mazda-worshippers' religion of another,
even though it be through fear; also this, that it is only
he, when he has thereby become quite of the same tenets
with the religion of the Mazda-worshippers, to whom the gift of
a wife worthy of a man (vîr masâî) is then to
be presented.
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97. About committing the sin of giving no food [27], which is
one of those worthy of death. 98. About the duty imposed
of chastising a wizard for the Tanapuhr sin [28] of assisting
a demon [29], so that one's duty is manifold, and to be accomplished
during several years.
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27. See Chap. 17.6.
28. See § 65. 29. Reading dêv-vijîn which is miswritten ... |
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99. About the day and night which are longest, medium, and shortest;
that is, how many Hasars [30] they are, each separately;
and, as to their occurrence, in what control is the appointed
time which is really theirs, each one, as to period. 100. About
the Parasang [31] which is the longest, medium, and shortest;
and whatever is owing to their subdivision.
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30. See Chap. 19.54 n.
31. A distance of four Hasars (Bd. 16.7), or as far as a far-seeing man can distinguish a black ox from a white one (Bd. 26.2). It is usually from 3 1/2 to 4 English miles, but in Pahlavi texts it often stands for a Hasar, or Roman mile, both being measures for long distances. |
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101. About the work and fodder (vâsân) [32]
of an injured beast of burden, by day and night. 102. About
a sheep which kills a person, and whether its owner be
innocent, or sinful, through not putting a tether (band) upon
it; and the reason of the sinfulness and innocence therein. 103.
About the period that extends from certainty to dubiousness,
even though it be for the supreme priest, or one provides
three witnesses; and how long it is. 104. About the multitude
of witnesses who give no evidence, together with the judge
who is unjustly deciding.
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32. Or 'rations' (vâyagân). |
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105. About the injuriousness (âzgârîkîh),
for the priestly authorities, of anything that is
given to the unworthy. 106. About what kind of gift, that is given,
was accepted; that is, how, when given by one when another
claims it, it returns to him; how, and in what proportion,
when the other does not claim it, its expediency does not
arise; and whatever is on the same subject. 107. About a case
where there is property of several kinds which a man has
given away as a righteous gift, and it is allowable.
108. About the case where whatever is given and reaches
some one, when he gives it and does not say how it was
given, it becomes a righteous gift. 109. And about its not
having become a gift, through fear of whatever is its danger.
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110. About the theft and extortion of him who does not
maintain the wives and children of persons in his control,
to preserve and nourish them, through fear. 111. About the allotment
of punishment for the limbs of sinners, and upon which
limbs is the allotment. 112. About the atonement for sin where
it is most irksome. 113. About the amount of retribution
for an assault (zatam) which may be committed upon one worthy
of death who is preserved through great judiciousness.
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114. About Ohrmazd having given all prosperity to Zartosht
and the disciples of Zartosht; the theft and extortion which have
arisen in a man when he has not given to a worthy person
any of the prosperity that has befallen him; and whatever
is on the same subject. 115. About how an animate being is
situated who is in a place apart (aham), and when he dies
in innocence and keeping apart [33], his wound being also through
duty; and whatever is on the same subject. 116. About the advantage
and pleasure of keeping a promise (mitro-dârîh), and
the gravity, harm, and vexation owing to various degrees of promise
breaking (mitrôk-drujih); also how a promise is kept.
117. About the grievous sinfulness of strife, insincerity (avâkhîh),
and slander, and the harm that proceeds therefrom; also the
frost (pazd) and punishment provided for them [34], and whatever
is on the same subject.
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33. Compare § 79.
34. In hell (compare AV. 40.7). |
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118. About having given frontier people [35] as hostages (garôbô)
to foreigners who have demanded a ransom (navishnô).
119. About taking up (lâlâ gêrefstanô)
anything whatever that is precious to a foreigner, and has
become of exceeding value, when they give it up as a ransom
[36] to Iran; the extreme value of a youth (tigil) when they shall
carry him off as a hostage from the foreigners, in place
of ransom; and how they are to keep both. 120. About
the grievous sinfulness of a man stealing back his ransom
from foreigners, though it be his own son. 121. About the sinfulness
of the governor (sardâr) of a province through any harm
that occurs in the province owing to his elevation and evil commands.
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35. Pahl. rnar'zânân, which might be supposed to
be a defective writing of margar'jânân, 'those worthy
of death' (the two letters equivalent to rga being omitted),
but see Chap. 21.13.
36. The MS. pâk is evidently a defective writing for navâk, which is written correctly in the next clause of this section. |
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122. About the existence of so many thieves assisting a thief
with special ransom, and what kind of reward (navishnô)
one is to use with thieves, to deceive with great judiciousness.
123. About attaching to the neck of a thief the thing which was
stolen by him, for his personal identification, and conducting
him to the judges. 124. About the non-atonement of thieves,
by any amount of anything whatever, without confession as regards
their own sin. 125. About the assistance to possession
which is claimed by any one from the authorities (padân),
when his property is stolen or extorted.
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126. About the grievous sinfulness and deceitfulness of
many kinds which occur when a woman who is given away with
her concurrence, and her acceptance is announced,
is given to another man; and whatever is on the same subject.
127. About the unjustifiability of the wisdom of a man, through
which he took away property in dispute, from him who was ignorant,
before there was certainty about it. 128. About
making intercession in a dispute, for him who is ignorant, with
the judge and other authorities and chiefs, even
including the king of kings [37], when there is no intercessor
for him. 129. About the reason of the fitness of a man
for sovereignty, and the lodgment of Ohrmazd upon the limited
(tang) person of him who is a good ruler.
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37. The Persian monarch. |
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130. About the five special ordinances (dâdistân)
that are certain; these are without ordeal, because they are to
be considered as certain, and the penalties thereof are
to be fully inflicted. 131. About investigation after confession.
132. About squandering (nikizand) wealth of which the custom (dastôbar)
of maintaining is begging for it. 133. About the progress (sachishnô)
of legal proceedings not having occurred, which is not
demanded on account of the existence of want of power, and
the number of kinds of that want of power. 134. About
a woman without a guardian, when she takes a paramour, and
whatever is on the same subject.
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135. About bringing a written statement into judicial proceedings,
and whatever is on the same subject. 136. About the sin
of frightening any one from his place, when he shall move on account
of that fright, and the amount of movement and harm which will
come upon him therefrom. 137. The delivery back of that which
is extorted from one's hands or keeping; that is, how it
is to be considered as delivered.
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138. About the obviousness of a minor adjudication from that which
is greater. 139. About the extreme benefit and peace, even
in this world, through a wife and children and grandchildren,
and also the prosperity, as regards produce and even wealth thereby,
taking away the disputes that arise. 140. About the grievous sinfulness
of wealth acquired through unnatural intercourse [38],
the annihilation of the spiritual faculties (maînôgânô).
141. About a decree in which the decision is of three descriptions,
about three persons. 142. About a tree which, when stolen away,
is the death-blow (mât) of a hundred pure birds (vâê),
and a thousand birds arise.
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38. Vâmkûnîh, compare Pers. bâmûn. It cannot be 'making loans, or money-lending,' because that would be spelt âvâm-kûnîh. |
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143. About a sin which, owing to deceiving previously, has
to increase (frâzh mastanô) its extent,
and to fully taste the most extreme. crime of a dagger (dahrakô)
of several of the smallest finger breadths. 144. About
the sin of defiling four-footed females. 145. About keeping back
one of the combatants from fighting, and whatever is on the same
subject. 146. About counter-assaults of eight kinds, assault when
an infidel shall commit it upon one of the good religion, and
whatever is on the same subject. 147. About a counter-assault
of a heretic (dûsh-dênô) when an arch-heretic
(sarîtar-dênô) is slain.
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148. About not leaving any property in the keeping of one worthy
of death. 149. About such numbers of abettors of sin being
with the sinner, and whatever is on the same subjects. 150.
About the injury of a plaint and defense, and the dwelling, property,
and feast of the good, by that person who extols
the presidency which is given him, but who is not fit for the
presidency. 151. About the sinfulness of a judge when he shall
make a decision for any one according to his origin. 152. About
the grievous sinfulness of delivering the person of an Iranian
to a foreigner, and whatever is on the same subject.
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153. About the greatness of the gift of a righteous man, as compared
with (min) the gift of another, for Rashn [39], the just, to proclaim
among the creatures and to accept. 154. This, too, that, when
they encounter an apostate and it is necessary to hold a controversy,
though there be danger for the hands or feet, or though
even for the head, there is to be no refraining from asserting
that which is true.
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39. The angel of justice who weighs the good works of the departed soul against its sins, in order to decide its fate till the end of time. |
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155. This, too, that he who does not assert, on account of fondness
for wealth, or dislike for his own people, vexes water
and fire and the righteous man, and disturbs even the reposing
archangels from their thrones.
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156. About the grievous sinfulness of making the righteous dissevered
(aûshkâftakô). 157. About the bad properties
produced by the evil spirit, adjudication attentive to lying evidence
and false, in opposition to Rashn, the just, and through
discontent at the advantage due to Rashn, owing to the impossibility
of the occurrence of those mischiefs being produced at Rashn's
judgment seat, there where they do not give decisions for
the wretched for the sake of the aristocratic multitude (âzâd
hâvandîh râî). 158. And about the aristocratic
multitude which comes to Rashn owing to taking bribes, and went
with a complaint to Ohrmazd, and whatever is on the same subject.
159. About a just judge who is appointed one of an assembly
for the opposition of thieves, oppressors, and destroyers
of the righteous.
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160. About the possibility of the coming of every one, through
diligence, to the best existence. 161. About the superiority (masîh)
of true justice over (min) other good works, and the grievous
sinfulness owing to false justice, and when they shall not deliver
a sentence with a full understanding of the true from the
false.
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162. About solemnizing and learning by heart (narm kardanô)
the Gathas, the Hadokht [40], and the Washtag [41], through knowing
the foundations (pâyakân) thereof; the sin owing to
not knowing them, and whatever proceeds therefrom. 163.
About the greatness of the law through decrees and judgments from
other discourses (srôbân).
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40. Here written Hâdôîtô; the name of
the twentieth Nask (see Chap. 45).
41. The name of the eleventh Nask (see Chap. 12). |
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164. About property of seven kinds, of which one says that it is not allowable to take it as security for other property. 165. About ten friends with different assertions on the same subject. 166. And about the apportionment of this discourse there are complete decisions of several other kinds, and into those, too, it advances and thereby introduces much adjudication which takes heed, in every one, of words and deeds of many kinds, and is specifically and also intelligibly apportioned. 167. Perfect excellence is righteousness. |
16. Duwasrud Nask (legal)First section (21). |
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1. The first of eighteen sections of the Ganabâ-sar-nijad
[1] contains particulars about the thief, with his arrest
as the special thief of that which is seized (tereftô) by
him; the premeditated sin, the imprisonment and fettering, the
punishment appointed for atonement of the sin, the execution of
the duty, and the amount of the reward (navishn); the amount of
speciality in the ransom (navâk) of every one, each separately
the act and place of punishment, what is the person who
is strangling and the mode, how those who are therein strangling
are drawn forth (nazhî-aîtô) successively, and
which is set to work first.
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1. Corresponding to the sixteenth word, ahurai, in the Ahunwar, according to B. P. Riv.; but it is the eighteenth Nask in other Rivayats. Ganabâ-sar-nijad means 'the thief's head downstricken;' but it is misread Dvâsrûjad, Dvâsrûnjad, Dvâsrûjîd, or Dvâsrôb, in the Rivayats, which also state that it contained sixty-five kardah, or subdivisions, which agree with the numbers of sections mentioned in Chaps. 21, 23, 24. This Nask is evidently named from the contents of its first section, and possibly from its initial words. |
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2. About a person whose offending limbs are bound, the
degree of tightness of the binding and fettering, and the formula
(nirang) of being bound for the sin of theft. 3. About
imprisonment, and the imprisonment which accusers have to
provide, at their own expense, if they are those who are privileged;
and whatever is on the same subject. 4. The number of places for
fetters, and those which the thief, whoever he is, possesses,
each separately. 5. How far, how, and for what putting
on of fetters (garov-dahishnîh) those accusers have to
provide a thief's fetters, too, at their own expense, if they
are those who are privileged; the place for the requisite privileged
putting on of fetters, the sin owing to putting on more fetters
of a different kind, and that which is owing to neglecting the
putting on of the fetters which they have to provide; the
limit as regards the deserving of more fettering, the number of
grades of theft beyond the limit of deserving fettering, and those
which are below the limit of deserving fettering.
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6. About the kinds of theft, and the excessive sinfulness of a
thief through cutting [2] and wounding the body; the undiscoverableness
which is specially as regards a thief at a distance (pavan hasar),
he who is on the spot being he who is within one step;
theft, with plunder, injuring the existence [3], minor injury,
and other sins, may be in confederacy [4] beforehand or
afterwards. 7. About the thievish design of a theft which is not
abetted (lâ ham), a theft with equal shares, and a theft
with different shares.
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2. Assuming that gûdanô stands for khûdanô.
3. See Chap. 19.1. 4. Paz. hidhih, probably for a Pahl. adjective hadak from Av. hadha, and referring to accomplices before and after the fact (see Chap. 18.5). |
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8. About the sin of assisting a thief (dûj aîyyârak),
of making investigation and releasing, of a sentence
of acquittal, and of a listener to a thief; he who is a
giver of assistance to a thief is carried off for theft; also
decisions about theft by a child, by a childless woman, and
by her who is pregnant; likewise their maintenance and
earnings (vindishnô) in retributive work, and the work
of a pregnant thief.
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9. About the accumulated property of the innumerable which
they would keep away from thieves, both the thief by means
of his hands, and him who is a thief not by means of his
hands. 10. About the testimony of a thief, that is,
for what it is admissible when [5] he advances as a thief; how
at the time when it is necessary to seize and bind him,
and how at the time when it is necessary to flatter (nivâkhtanô)
and deceive. him until one attains to absolute power (kâm-kârîh)
thereby. 11. About rewards (navishnô) with thieves. 12.
About the difference of theft from plunder.
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5. Assuming that mûn stands for amat, their Iranian equivalents being nearly alike, and the latter word being used in the succeeding clauses. |
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13. About property which any one, carrying it off, has to bring back to its owners; such as that which the frontier people may take away from foreigners, that which the judge may take away from thieves, and the share which he may take away from any one not interfering [6] with thieves. 14. And about protectors and defenders of a thief, and also many other legal decisions as regards theft. |
6. Av. asterethwãn. The share being a bribe for purchasing non-interference. In each case the property into be restored to its original owner who had been robbed by the foreigners or thieves. |
Second section (22). |
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1. The second section is miscellaneous (ham-dâdakô):
about the authority for the inquiry (khvâst-radakîh)
of a father into the sin of a grown-up son, when unaware of the
sin of his son at the time it is committed; that of a son
into that of a father, and of others grown-up, as to one
another, when they are not abettors of the sin; and that of a
husband into the sin of a wife, when not and when [1] cooperating
and unrestraining. 2. About arrival at the period for the teaching
of children by a guardian or father, and the mode of his
teaching; the period at which the sin of a child has reached
a beginning, the extent of the sin of childhood, the retribution
in childhood, and that also at maturity; the sin due to not teaching
a child who is to be taught, and whatever is on the same
subject.
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1. Perhaps the repetition of the word amat, 'and when' is a blunder of the copyist. |
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3. About the freedom from slaughter which is to keep away the
destruction of the world; and what is the mode of distributing
the property of a man of the valiant after his slaughter.
4. About the sin of having given implements of slaughter to a
woman, a child, or a foreigner. 5. About a woman who, as
regards two men worthy of death, demands the head of the one,
and is seeking a son in the other one.
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6. About a warrior, without provisions (atûshakô)
who, on the march, has come upon pasture, corn, and sheep whose
shepherd [2] is a stranger to him, and whatever is on the
same subject. 7. About considering property inexpedient, and the
decision thereon.
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2. The Pahlavi word is written ... twenty-four times, and ... once, in this Book, but its reading is not quite certain. It means 'shepherd' throughout Chaps. 23, 39, and in 31.17, 31, 40.3; but is used for 'herdsman' in 39.3, and for 'follower' in 31.2. This last meaning is strongly in favor of the reading pasîg, for pasîk, 'following,' an adjectival form derived from pas, 'after,' which, when used as a noun, would imply 'one who follows,' as drovers and shepherds are accustomed to do, with a few local exceptions. The Pahlavi spelling of the word is uniformly inconsistent with the reading pâs, 'guard, protector;' and it seems hazardous to trace it to a possible Avesta adjective pasvya, from pasu, 'a sheep,' because the latter word becomes pâh in Pahlavi. The word also occurs in Pahl. Vend. 15.116; it is a transcript of Av. fshenghî and fshenghyô in Yas 31.10 b, 49.9 a, and of fshê in Vend. 13.10, 11; so that it may perhaps be read fsheg, or fshê as a mere transcript from the Avesta. |
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8. About the amount of delay of a judge on becoming aware
that the plaintiff is falsely petitioning and the defendant
is falsely confessing. 9. About the amount of delay of the judge,
and in the court of justice (dâd gâs); and whatever
is on the same subject. 10. About a decision regarding a judge
who explained a doubtful opinion as a certainty, and that
which is certain as a doubtful decision, and would
make an undecided matter decided. 11. About the opinion
as to certainty and that as to doubtfulness, making a decision,
and whatever is on the same subject.
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12. About the business of commissioned judges, from him
who is lowest to him who is highest, one above the other one.
13. Decisions about adjudication; that which is legal when
two judges are together, that which is legal with either
one judge or two judges together, and whatever
is on the same subject. 14. About the statements of a decision
regarding interpretations (pâdô-khânânô)
[3], and whatever is on the same subject. 15. About the
proportion of the time of judges for decision, that for summoning
witnesses to the judges, and that for the proceedings (sachishnô).
16. About the judge who is doubly satisfied [4], and him
who is not doubly satisfied; also the time from a judge's
not being doubly satisfied till his being doubly satisfied. 17.
About a judge of four customs, and his decision thereon; one who
knows the decree and would act to effect it, and one who
knows it and would not act. 18. About the supremacy of a judge
as to adjudication so far as there is a false decision
therein; how it is when he is at a distance (pavan hasar), and
how it is when he is on the spot; he who is at a distance becomes
a superior therein, when he comes back to the place of
justice before the end of a Hasar [5]. 19. About other false teaching
of a judge which is manifest therefrom, and the retribution
for the false teaching; the false summoning, false investigation,
and false evidence of the complainant (mûst-hômônd)
having been his own, and a separate atonement unto the
afflicted one has to atone for the affair; it having
been mitigated by no good work. 20. About the trouble of adjudication
to the priestly authorities (radân). 21. About the
proficiency of a woman or child who is acquainted
with the law [6], for a judgeship, being above that
of a full-grown man unacquainted with the law.
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3. Pahl. pâdô-khân = Pers. pâî`hvân.
4. Paz. vayôzusht, Av. vayôzushtô = dvayôzushtô. Farh. Oim, p. 43, ll. 10-12, has 'the Vayôzushtô, who is a judge, explains this, so that the petitioner who is doubtful is a hearer of certainty; it is, as one says, deliberately weighed.' 5. See Chap. 20.68. 6. See Chap. 20.74. |
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22. About assisting the want of one's own disciple for a master
for the recited law, and the sin due to not assisting, such as
that when, wanting assistance, it is allowable for the afflicted
one. to beg an assistant from foreigners, and according to his
petition is the bringing of a foreigner for assistance; and
whatever is on the same subject. 23. About the supremacy of
Rashn [7] the righteous.
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7. See Chap. 20.153. |
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24. About several persons who are engaged in legal proceedings
about the keeping and non-division of property not their
own, and the decision as regards for whom one has in keeping that
property which is not his own. 25. About actions which are not
in-consistent and those which are inconsistent. 26. About the
decision of a judge of congregational actions.
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27. About the offense which accusers would commit, as regards the law, by means of the law, it being not allowable to commit it with their own hands; also as regards any one's property, about which there is a dispute, even though with a certainty as to its ownership. |
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Pasush-haurvastan section (23).
1. One section of the next twelve is the Pasush-haurvastan
('shepherd's-dog code'), about the shepherd who is selecting
a shepherd's dog for the sheep, and the shepherd with various
shepherd's dogs; about the shepherd's comprehension of their serviceability,
one with the other, and whatever is on the same subject.
2. The extent of authorized efficiency (shalît-gârîkîh)
accomplished by the shepherd's-dog nature of a shepherd's dog,
after his being appointed by the shepherd.
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3. About the shepherd's preparing the means of bedding [1] for
the shepherd's dog, giving the amount of the price of the daily
food of a shepherd's dog, provisions for the dog in the
winter, and the preparation of a fire beforehand which it is necessary
to make in the sheepfold (pâh-hastô). 4. About the
mode of preparing the appointed fireplace of the sheepfold,
the position of the shepherd's dog and the dog's fire, the means
of lodging and provisioning the shepherd's dog in the sheepfold,
the sin owing to the occasions when one proceeds
to provide another mode, and whatever is on the same subject.
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1. Or 'covering,' jâmakô. |
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5. About the diligence of the shepherd's dog, and about his
being guardian of the sheep asleep at night in flocks [2]
dreading distress; the dog, their protection, is not provided
with bedding, nor with pillow, and they are happy; every
night he has to come out,, through the whole flock, three times,
besides when one of the guards (padânô), who is apprehensive,
counts them, who, every day at dawn, has to walk out among the
sheep, with good words, to inspect them, to apply remedies
properly to the sheep that are sick, wounded, bruised,. Or defective,
and to be their guardian; also the sin owing
to worrying them, and whatever is on the same subject.
6. About that which is to be done by him as regards the breeding
of the sheep, and likewise for the sake of the young ones;
and the sin when he does not do it, or shall act
otherwise. 7. About his fully understanding where and which
is the sheep for each young one. 8. About his habit and means
of keeping away the thief and the wolf from the sheep, and
the preservation of the sheep thereby when an awful cloud
and wind and rain arise, or when the position of those distressed
ones, at the fords of rivers, comes opposite a locality (nisishno)
of bad footing; when it is not possible for him to save all,
he has to save the greater in value, or the more in number.
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2. Paz. pasîvãn for pasûvãn (pl of pasu). |
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9. About his having guarded a sheep from the pasture of others
and the retribution for the sin of not having guarded as
to the eating and damaging of the corn and pasture of others by
the sheep. 10. About the extent of preservation by the shepherd's
dog's driving the sheep from the corn and pasture of others of
various species, such as that which one calls the very
stupid (gôltar) pig; there is, moreover, the specified pasture
as regards those sheep, but the pig, which feeds upon its own
predecessors, is also that which may commit another sin,
for it feeds upon even its progeny at birth.
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11. About the indication of an assembly place (garang) for the
sheep, in a warm or cool locality, by the shepherd's dog. 12.
About the characteristics of sheep from one to four years of
age. 13. About the village (vis) of the shepherd, where the
shepherd's dog is known when he arrives; how it is when a sheep
has to be kept out of the sheepfold by the shepherd's dog,
and how it is when it has to be driven by him to
the village of the heedful shepherd. 14. About the coming of the
shepherd unto a sheep, and the path from the village which
the shepherd has provided for [3] the flock.
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3. Assuming that valman stands for val. |
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15. About a shepherd when he withholds the daily food of
a shepherd's dog. and the exhaustion of life thereby; after the
fourth deprival of food (atapak-dâdô) [4] it is allowable
for the shepherd's dog to kill a sheep for nourishment. 16. About
a sheep, which comes astray into the flock to be slaughtered,
being the perquisite of the butcher (bâhar-i kûshtâr),
and that of the shepherd's dog being its dog [5] and the
appointed number of one sheep. 17. About their extent of
movement, and their pregnancy and growing old (bâr va-khasân).
13. About the sin of the shepherd, as regards the shepherd's dog,
through injustice as to work, reward, and chastisement;
and of the shepherd's dog, as regards the shepherd, through
improperly tending a sheep, or worrying it by exertion; also his
chastisement, and the payment that occurs for the incompetence
and unworthiness therein; besides adjudications between
the shepherd and shepherd's dog.
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4. See Chap. 17.6.
5. The dog who allowed the sheep to stray being thus punished, by becoming the prey of the dog into whose flock the sheep strayed, also receives a sheep as his share of the butchering. |
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19. About the instruction which the shepherd gives to the shepherd's dog, through reminders (pavan ayâdîhâ), to control a sheep, when, the shepherd's dog having heard some musical notes (srûdô gâsânô), the instruction took place in the form of words; and, when the notes were not heard, even by a blow (zatam), the means of that instructor being a blow. 20. About the peculiarity of the shepherd's dog as regards its employment (rôjkâr) at the periods of satisfying menstrual excitement, solemnizing the season-festivals [[Gahambars]], and other important good works. |
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Storistan section (24). |
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1. The first section of the last thirty-five is the Storistan
('beast-of-burden code'), particulars about the sin, affecting
the soul, due to unlawfully striking and wounding as regards beasts
of burden and cattle; and the retribution and compensation for
it to one's own cattle, that in case of a beast of burden and
that in case of a sheep (anûmâê), during life.
2. That which arises when one smites them with a brand
(dakhshak); that when smites them on the flank, and that when
it is in front of them; that when their flanks are so smitten
is complete smiting. 3. Of the smiting, too, of other members,
the smiting in front, though the smiting be such as when one
so smites for smiting on the flank, is not complete smiting.
4. And that which amounts to as much as a complete smiting, when
one so smites as for smiting on the flank, is such as that when
one casts off the skin, and that when one casts off the
flesh, thereby, that when one is cutting it, or that when
wounds (khîmân) or serpent-scourging (mârvanô)
[1] are upon it.
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1. See Chap. 18.2, 6; or it may be muharvanô, 'cauterizing.' |
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5. It is also about making the dog which drives the sheep (pasûsh-haûrvô)
dumb. 6. About bruising the limbs and plucking the feathers of
birds, such as the case when it is complete smiting,
and such as that when it is not complete smiting. 7. And
unlawfully destroying as regards fish, such as when it would make
their flesh inedible. 8. An account as to noticeably and worryingly
beating cattle, about decrees of whatever kinds as to each separate
beating worryingly that is to be considered as noticeable beating,
and many decrees as to whatever is on the same subject.
9. About the retribution for making clothing of skins and woven
wool (tadakô), and the sin of any one owing
to kindling a fire therewith, or roasting flesh which is
stolen or plundered.
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10. About the good work of all that is wise activity, and the reward of the happy place [2]; the sin of everything that is ignorant activity, and the bridge penalty of the evil place [3]; connected there-with, to make him who is righteous develops in wisdom, and to make him who is wicked diminish in ignorance, is the world. |
2. Heaven.
3. Falling into hell owing to the narrowness of the Chinwad bridge to the other world, occasioned by an excess of sin over good works (see Dd. 21.5-7). |
Ar'jistan section (25). |
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1. The second section is the Ar'jistan ('value code'), particulars about the value of small consumption of animate, and also that of inanimate, property; with the desirability of information thereon, each separately. 2. The value of not destroying a righteous man even for a decree and justice, and of atonement for injuring the existence [1] of the fire of Warharan [2]. |
1. See Chap. 19.1.
2. The sacred Warharan fire. |
Arateshtaristan section (26). |
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1. The third section is the Arateshtaristan ('warrior code'), particulars about the worthiness of destroying a wolf; and, among wolves, the greater need of destroying (zanishntarîh) those with two legs than those with four legs.
2. About selecting the daily supplies of warriors, the
beasts of burden, clothing, and equipment of warriors,
and other appurtenances (avârîgânakîh)
which are to be given to them; also selecting a horse and
accouterments (zênô-afzâr) for each one.
3. About having a man's horse trained before one sends
him to smite enemies. 4. About the efficacy of the resources
and care of a warrior in the destruction which enemies
occasion; also the army and the slaughter of war. 5. About
the sin of the village and abode of the warriors on the occurrence
of a battle, and what is the retribution for wounds and damage;
what is that which is disfiguring (apîrâyak) therein,
and what is that which is worthy of death therein.
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6. About the characteristics of the wearing of armor (zênâvandîh)
and not wearing of armor by warriors. 7. About the rank of the
general (sipâh-padô), and other officers (padân)
over the troops, as to daily supplies, pay, and dignity;
also their subordinates (azhîrag), and the number of troopers
(gûrd) to each one of the officers. 8. About the
anxieties of a trooper for the protection of person and family.
9. About the number of troopers when the king of kings goes to
battle. 10. About the proportion of daily provision for two warriors,
the meat and milk and bread thereof, which are for the sake of
providing guidance and causing contests of the warriors
in that good eating; also the reason of certifying (gôvâîk)
its distribution and weighing, the beast of burden of the
original village (bûn kôkîh) [1], and its
means of being sent unto the troops. 11. About cutting
the herbs for the veterinary surgeon (stôr bezhashkô),
the store of accouterments, and other things which are
necessary with an army. 12. About the feeding of warriors on the
day of battle, the meat and whatsoever are their eatables; even
so the food of the horses.
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1. Whence the supplies come. |
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13. About the wealth which foreigners bring away, and this which
is declared thereof, that is, 'I, too, am assisting even
the wolf.' 14. About the display of esteem by warriors together,
the union of friendship one with the other, obedient unto their
commander of the troops, and mindfully resigning themselves to
death, there being seen a spiritual reward, without doubt,
in the future existence.
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15. About the choice of a commander over the troops;. also as
to his coming and understanding the habits of his
troops, each separately, through the capability of skill which
is theirs. 16. About estimating the strength and resources
of the troops, with those of their enemies; that is, how
the battle is to be engaged in, or how the case is when
it is to be avoided. 7. About the provision of anything requisite
[2] which warriors shall leave for safety when there is danger
in the neighborhood from a distant stronghold, or danger to a
neighboring stronghold from afar. 18. About the case where,
when it is necessary to engage in battle, the horse of a warrior
has not arrived, and it is allowable to seize upon several
horses from a herd of horses. 19. About the watchful sentinel
(nigâhakô pâspânô), and of what
kind is the information from which this is manifest, to the army
and commander of the troops, that the enemy is well dead, or fled.
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2. Or 'of value;' khvâstakô having both meanings. |
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20. About a demonstration whereby they produce terror and apprehension in the enemy. 21. About an altercation of the commander of the troops with foreigners before a battle; altercation also through an envoy, and calling them into subjection to the king of kings and the religion of the sacred beings [[Yazads]]. 22. About admonition to the troops, and declaring the share and arrangement of special duty of each one in the fight; announcing to the troops the recompense of the active, telling and informing the troops of the reason of being worthy of death, of the worthiness of destroying foreigners, of the command of the sacred beings as to their destruction when they shall not accept the Iranian nationality (Aîrîh), and the equally great reward and recompense for their destruction announced by revelation, the legal code (dâdistânîkîh) of Iran. 23. About not uttering words of irritation on the day of battle, and not mentioning, among the troops, any intelligence which gives the troops apprehension, but only that which is agreeable and pleasing, through giving heartiness and increasing the strength. 24. About the sacred ceremonial on the day of battle and evil deeds of war; -- a twig of the sacred twigs [[barsom]] of that ceremonial, and the Avesta as regards fighting, being the first arrow well delivered into the mark shot at; -- the consecration of the water which is nearest to the place of battle, even by bringing holy water; and the sequence of the fight, that is, with which arms and appliances it is first to be fought, and successively unto those which are the last. 25. About the proportion of those who keep the arms (zâê) for the combatants, and, after a victory over foreigners, are taking away the hostages and captives, out of the foreigners, from the combatants; also their return from them. 26. At what degree of distance from them they have to carry the arms and appliances and the restoratives for the unfatigued and the fatigued; and, the accouterments being deposited, a warm bath prepared, and relaxation of the body effected, the reward of merit is given. 27. One has to search offenders, to bring restoratives for the unfatigued and the fatigued, to deliver the accouterments back to the arsenal (ganjô), to allot the share of the hostage brought back to his own people, and also much else on the same subject. Fourth section: miscellaneous (27). |
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1. The fourth section is miscellaneous: about a warm bath being
in a house of what kind, the position of security of the fireplace,
the watchfulness to be upheld there, and whatever is on
the same subject. 2. About the strength that a horse has to
exert for the sake of the earth, and that which is to be exerted
in that mode for the sake of fire. 3. About food and other
matters which may be prepared with fire, and the security
of the fire in like manner. 4. About fire which, even on the road,
is free from throwing away, bodily refuse [1] and dead
matter [2], and from the injury and harm owing thereto;
the various safeguards of fire from being given to an infidel
(ag-dênô) or a child; the distance of the fire
from a rivulet [3]; the penalty for throwing it away, or other
sin as regards it; and the proportion of nourishment and preparation
for the fire in summer, and also in winter.
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1. See Chap. 19.3.
2. Any solid portion of a corpse, or carcass, of a human being, dog, or other animal. 3. Which might extinguish it and, thereby, render the person who had charge of the fire grievously sinful. |
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5. About picketing (barâ nishâstanô) a horse,
that is, how it is justifiable when it is in water and dust, how
it is so when really in very distressing bodily refuse,
and how it is so when even in bodily refuse that is tolerable.
6. About the proportion of nourishment for mankind, fire, and
cattle. 7. About receiving a guest, the praise of liberality,
and the grandeur of the liberal, the contempt for stinginess,
and the want of the wanderer.
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8. About the mode of wearing garments in a dwelling of Mazda-worshippers,
even so far as a bandage of four rags for protection [4]; the
care of them each separately, the wages of the makers and ornamenters
of each one, and whatever is on the same subject. 9. About
having procured a street-keeper (kûgpânô)
for the Mazda-worshippers, the business of the street-keeper thereof,
and whatever is on the same subject.
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4. Reading vad-ich vand-i-î 4 lôtô-î pânakîh, and taking lôtô as equivalent to Pers. latah. We might suppose that the phrase meant 'a belt of the four strings (rûdô) of protection,' but the number would not correspond to the three times the sacred thread-girdle [[kusti]] passes round the waist, nor would the material of rûdô 'catgut,' be appropriate for the girdle. |
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10. About preparing in the summer a store for the winter. 11.
About reaping a field of corn, the Avesta [5] for the first reaping,
and having consecrated the first sheaf with the dedication
(shnûman) to Ohrmazd the lord. 12. About the union of those
of the good religion together, both in removing want and in union
even with infidels in that which is not detrimental to the religion,
and whatever is on the same subject. 13. About duty as regards
the produce of plants and animals; first, suitable eating; and
secondly, moderate eating and avoidance of profusion.
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5. The scriptural formula to be recited in its original language. |
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14. About possessions which belong to the nobles, and those which belong to the multitude; in what manner that which belongs to the multitude has to come into the possession of the nobles; and whatever is on the same subject. 15. About the enviousness (zigûrîh) of the beast of burden, ox, and sheep, and also of people; that is, in how many of the multitudes, each separately, it is produced; and whatever is on the same subject. 16. And also much other adjudication and information on similar intelligence. 17. Perfect is the excellence of righteousness. |