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HISTORY OF
THE PERSIAN EMPIRE
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DENKARD,
Book 8
Contents of the Nasks (Ancient Canon of Zoroastrianism)
Translated by E. W. West, from Sacred
Books of the East, Oxford University Press, 1897.
Introduction:
Classification, names, and divisions of the Nasks (1)
1.
Praise
for Ohrmazd, and obeisance to the Mazda-worshipping religion which is the
ordinance of Ohrmazd opposed to the demons.
2.
The
eighth book is the present (latamman) memorandum about a summary of what is in
the Nasks of the Mazda-worshipping religion, each separately. 3. That which is
within the compass (shad-aurvan) of this book, about the account of the good
religion, is a writing for the information of the many, and an announcement from
the commentary (Zand) -- that which is in explanation of revelation (deno) --
which, for this simple (padram) high-priest, is in itself the writing of the
voice of revelation.
[Tr
S. Shaked, Esot. Trends p. 192: "The Eighth [book]; a summary of
that which occurs in the nasks of the Mazdean religion. A memory of each one
separately is [found] here. That which is found within the binding of this book
concerning the categories of the Good Religion, was written for the knowledge of
the many and was communicated from the Zand, which is the religion. It was
written as an authority for teaching knowledge to this mass of people, by the
word of religion itself."]
4.
But,
before that, is a writing of the usage about the divisions (banjishno) of the
reckoning of the Mazda-worshipping revelation, also the parts (bahar) of its
divisions, and the sections (burinako) of the parts; and the exposition of the
account -- which, though very condensed, is in its division -- is also condensed
in the parts of its division, and more diffuse in the sections of the parts. 5.
The divisions of the reckoning of the Mazda-worshipping revelation are three:
Gathas which are the higher spiritual knowledge and spiritual duty; Law which is
lower worldly knowledge and worldly duty; and the Hadha-manthric which are
mostly information and matters about what is between these two.
6.
And
the reason of the triple division of the reckoning of revelation is the
exposition of all knowledge and duty, and the kinds of knowledge and action in
the same revelation are these three that have been written. 7. Also in the
Ahunwar, which is the basis of the reckoning of revelation, are three metrical
lines (gas); the first chiefly indicates the Gathic lore, the second the
Hadha-manthric lore, and the third the Law.
8.
And
there have been twenty-one parts of its divisions, which are called Nasks: ---
(9) Seven are Gathic, because they are composed for the Gathas, and their names
are that of the ritual of the Gathic worship, which is the Stud-yasn, with the
Sudgar, Warsht-mansr, Bag, Washtag, Hadokht, and that which has made them Gathic,
the Spand. 10. And the names of the seven Hadha-manthric are Damdad, Nadar,
Pazag, Ratushaiti, Barish, Kishkisrub, and Wishtasp-sast. 11. And seven are
Legal, because they are composed for the lawyer (dadik), and their names are
those of the legal, and those are the Nigadum, Ganaba-sar-nijad [Duwasrud],
Husparum, Sagadum, and Vendidad [Jed-dew-dad], and those which are composed for
the law with separate dedications, the Chihrdad and Bagan-yasn. 12. And the
sequence is Sudgar, Warsht-mansr, Bag, Damdad, Nadar, Pazag, Ratushtaiti, Barish,
Kishkisrub, Wishtasp-sast, Washtag, Chihrdad, Spand, Bagan-yasn, Nigadum,
Ganaba-sar-nijad [Duwasrud], Husparum, Sagadum, Vendidad [Jud-dew-dad], Hadokht,
and Stud-yasn.
13.
In
all three divisions all three are found; in the Gathic are the Hadha-manthric
and Legal, in the Hadha-manthric are the Gathic and Legal, and in the Legal are
the Gathic and Hadha-manthric.
14.
In
each separately that which is essentially and specially itself is included, and
that which is partly another and introduced is included; and the reason of it is
that in spiritual and worldly existences, and in worldly and spiritual
existences, and in that which is between the two, there are both existences.
15.
The
occurrence of the joining of the Washtag part of the Gathas on to the last of
the Hadha-manthric is because it is written in connection with the Wishtasp-sast,
the last of the Hadha-mathric. 16. The reason of the Hadokht and Yasht being in
succession to the Vendidad, the last of the Law, and 'the production of the
worldly creation' being between the Hadha-manthric and those spiritual Gathas,
is because the spiritual existence likewise, which is spiritual life (ahvo), is
the beginning; and the worldly existence is purposed and caused, and a part is
preserved (noshiaito), important for the purpose and intended for the spiritual
life, the part at the beginning. 17. And the rejoining of the end of the Law,
which is about the haoma, to the Gathas, which are the beginning, is a symbol of
the existence of the pure influence of the Gathic lore upon the first spiritual
state -- that which exists likewise at last -- and of the rejunction of the
worldly existence to the spiritual, because it came down from the spiritual to
exist at present.
18.
And
the reason of the twenty-one-fold partition of the three divisions of the
reckoning of revelation is in the distinction which is evident from their
composition; also in the three metrical lines of the Ahunwar, which is the basis
of the reckoning of revelation, there are twenty-one words (marik). 19. As the
three metrical lines of the Ahunwar, which is the basis of the reckoning of
revelation, are an emblem of the triple division of the reckoning of revelation;
so the twenty-one words of the three lines indicate the twenty-one-fold
partition of these three divisions; as it is declared that 'He who is the
omniscient creator produced a discourse from every single word.'
20.
As
to the sections of the parts, such as the Has and Fargards in the Nasks, it is
known there were one thousand, from the testimony and knowledge of the religion
owing to the teaching of Zartosht -- whose guardian spirit is reverenced -- in
the country of Iran. 21. And after the devastation occurred, owing to the
evil-destined and raging villain Alexander, there was not so much of them
recovered as would be possible for a high-priest to preserve. 22. And that which
the saintly (hu-fravardo) Adarbad Mahraspandan, achieved through their
composition and preservation, is known so far as the decrees (chako) in the
treatises (madigan) of the country of Iran are preserved as teaching and
admonition (pandano).
23.
After
writing of each separate Nask, that is, as to what it speaks about more
particularly, each Nask is accounted for separately, and what is in its various
Has and Fargards comes to be realized; for in these particulars (madigan) any
ruggedness of the auspicious and desirable collection is explained. 24. But,
first, the class of writing of the various Nasks -- that is, about what they
speak -- is here written; the extent of attainment not being adapted to their
peculiarity of wonderfulness.
Nask
1: Sudgar (gathic/religious) (2)
1.
Homage
to the glory of the good religion of Mazda-worship!
2.
The
Sudgar contains particulars about the power of the pure glorifying
of the first utterance of Ohrmazd, through thinking, speaking, and acting and
about abstaining from the law of very evil and very disturbing people. 3.
Glorifying the observances (hunarano) and good works of the good religion and of
a like nature, as well as their effectualness; and condemning the faults and sin
of him of very evil religion, when all kinds of neglect of the spiritual
ceremony and of care for the archangel of the worldly existence are owing to
him; also much information about spiritual matters. 4. It has become old (kahunik),
and is a witness whose statement extends even unto the renovation of the
universe.
5.
Righteousness
is perfect excellence.
Nask
2: Warsht-mansr (gathic/religious) (3)
1.
The
Warsht-mansr contains particulars about the birth of Zartosht, his attaining the
religion, and whatever is on the same subject. 2. A notice (numad) of the
priestliness, discipleship, spiritual lordship, priestly authority, and
steadfastness which are in his original more concise words of the Gathas. 3. The
explanation (Zand) of the statements about everything and also the good
arrangement (khush-radako) are such as that which one speaks of thus: -- 'It is
the Warsht-mansr which has given forth an exposition upon everything.' 4. So
that, in the Warsht-mansr, something is said about everything that is mentioned
in the Gathas.
5.
Of
righteousness the excellence is perfect.
Nask
3: Bag (gathic/religious) (4)
1.
The
Bag contains particulars about the division of the recital of the first saying
of revelation, the first creature in that saying, the first occurrence of it,
the adaptation of the creature, and the greatness of that saying which is
incorporating the creature, owing thereto; also, especially, the intermingling
of thought (med) with it. 2. Very comprehensive knowledge about everything, each
separately its own offspring, and many an appendage as much connected with it as
that which is said concerning the Bag Nask, that 'the Bag of the community (dahman)
is heard where it is spoken for the community,' that is, whoever shall do this
good work, for him this good work will be done.
3.
Righteousness
is perfect excellence.
Nask
4: Damdad (Hadha-manthric/scientific) (5)
1.
Amid
the Damdad are particulars about the maintenance of action and the production of
the beneficial creatures. 2. First, as to the spiritual existence, and how much
and how is the maintenance in the spiritual existence; and the production of the
worldly existence therefrom, qualified and constructed for descending (fitodano)
into the combat with the destroyer, and accomplishing the associated necessity
for the end and circumvention (garang) of destructiveness.
3.
The
manner and species of the creation of the creatures; also their material
existence, and the character and use of the races and species; and whatever is
on the same subject. 4. The reason for their creation, and for their perfection
at last. 5. About the adversity, injury, and misery of those creatures, and
their secret (nihono) resources and means of attacking and annihilating them;
with the preservation or disablement (apicarinidano) of the creatures thereby.
6.
Of
righteousness the excellence is perfect excellence.
Nask
5: Nadar (Hadha-manthric/scientific): only the Avesta extant (6)
1.
On
account of the Zand of the Nadar not reaching us, the Avesta is retained, for
teaching, recital, and ceremony, because it has come unto us with authority.
2.
Of
righteousness the excellence is perfect excellence.
Nask
6: Pazag (Hadha-manthric/scientific) (7)
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.
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]
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.
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.
Nask
7: Ratushtaiti (Hadha-manthric/scientific) (8)
1.
The
Ratushtaiti ['concerning the habits of a priestly master'] contains particulars
about the religious and important customs and laws to be enforced [obligatory].
2. The reason of the worthiness and superexcellence in a sacerdotal leader
[Master of Ceremonies], and his possession of a portion of the other authority (patih)
of a ruler also; that is, how worthiness is to be distinguished from
unworthiness, and superexcellence from unworthiness, in him, namely, in the
priestly chieftainship (radih) of Xwaniratha and the other regions, each
separately, the first which stood aloof from the Mazda-worshippers.
3.
About
the demonstration and notification of the sitting together of the archangels,
the ritual and appliances in the ceremonial of the sacred beings, the position
and business of the Zotis and Raspis in a ceremonial, and also all the business
of the leaders in their duty, each separately and originally. 4. The greatness
of the helpfulness (vijidar-dahishnih) in good works, the kinds of helpfulness,
and the proximity of Ohrmazd to the thoughts, words, and deeds of the embodied
existence.
5.
The
excellence of righteousness is perfect.
Nask
8: Barish (Hadha-manthric/scientific) (9)
Good and
evil; advantages and disadvantages of the period.
1.
The
Barish contains particulars about the invigorating power, truth, and generosity
of the many capabilities of instinctive and acquired wisdom. 2. And also the
ill-advisedness of falsity, stinginess, and ignorance; and the many defects
which are fraternizing with the opponent of capabilities. 3. The blessing and
cursing, the good will and ill-will of the good ritual and evil ritual, the good
statements and evil statements of Vohuman, Spandarmad, Srosh, Ashishwang [Ard],
and many other sacred beings, and of evil thought, lust, wrath, unrighteousness,
and many other demons; and whatever is on the same subject.
4.
The
destiny, nature, desire, religion, habit, learning, business, and diligence of
the period, and whatever is on the same subject, as regards sovereignty,
government, priestly authority, justice, and mediation. 5. The union, peace, and
promise keeping, and whatever is on the same subject. 6. The law and custom,
good works and sin, good repute and evil repute, righteousness and wickedness
and whatever is on the same subject. 7. The modesty and pomp, glory and penance
(sroshikih), and whatever is on the same subject. 8. The connection through
ownership, subordination, service, and religion, and whatever is on the same
subject. 9. The suitability and unsuitability, friendship and enmity, and
whatever is on the same subject. 10. The handsomeness and ugliness, youth and
decrepitude, opulence and destitution, happiness and misery, and whatever is on
the same subject. 11. The strength in races and species of things, and whatever
is on the same subject. 12. The learning, solving of questions, complete virtue,
and whatever is on the same subject. 13. The hunger and thirst, and their
remedy, and whatever is on the same subject. 14. The delirium and death, and
their expediency. and whatever is on the same subject. 15. The primitive state
and tendency of things, precedence and sequence, and whatever is on the same
subject. 16. The acceptableness and unacceptableness, gratification and
afflictiveness, and whatever is on the same subject. 17. The mightiness (takikih),
loquacity, sociality, and whatever is on the same subject. 18. The understanding
and mind; the body and soul, the heaven, hell, and future existence; and
whatever is on the same subject. 19. The omniscience of the creator Ohrmazd, and
all goodness of like motive, the life and glory of a righteous man, and whatever
is on the same subject.
20.
And
many other arrangements of the creator, through propagation of statements,
preparation of sovereignty, maintenance of the body, and preservation of the
soul; a statement adapted to that which one mentions thus 'Truly spoken
statements are the Barish, Kishkisrub, and Wishtasp-sast.'
21.
The
excellence of righteousness is perfect.
Nask
9: Kishkisrub (Hadha-manthric/scientific) (10)
1.
The
Kishkisrub contains particulars about the explanation of the ceremonial and
ritual of the sacred beings, through what arises its conversion into
demon-worship, and information as to cleanness and uncleanness. 2. The
preparations and precautions for the Yashts; the tokens and signs of the
overflowing and evil owing to the demons at various times, and the cause of
their exhaustion and the final victory of the sacred beings. 3. Then the
exalting chants of every kind, which Ohrmazd taught to Zartosht, are called the
teaching (sasto) of the spirits.
4.
Excellence
that is perfect is righteousness.
Nask
10: Wishtasp-sast (Hadha-manthric/scientific) (11)
Particulars
about Kay Vishtasp, visit of the archangels to him, and his war with Arjasp.
1.
The
Wishtasp-sast is about particulars of every kind relating to Kay Vishtasp; the
temper, character, demeanor, knowledge, learning, and law for sovereignty; the
government of the creatures, and the advancement of the will of the sacred
beings requisite for it.
2.
The
creator Ohrmazd sends the archangels on to Kay Vishtasp as evidence about
Ohrmazd, and a reminder of Spitaman Zartosht, of the pure goodness of the
Mazda-worshipping religion, and of the command for the ruler Vishtasp, as to its
triumph, on accepting the religion from Zartosht. 3. The visible coming of the
archangels to the metropolis, and, secondly, their domestication (handemanih) at
the residence of Vishtasp and his companions; the envoys' explanation of
Ohrmazd's message to Vishtasp, and the accepting of the Mazda-worshipping
religion by the obedient king Vishtasp.
4.
The
outpouring (sarinidano) of Arjasp the Khyon, by the demon of wrath, for war with
Vishtasp and disturbance of Zartosht; the arrangements and movements of king
Vishtasp for that war, and whatever is on the same subject.
5.
Excellence
that is perfect is righteousness.
Nask
11: Washtag (gathic/religious): not extant (12)
1.
The
Avesta and commentary of the Washtag have not reached us through any
high-priest.
2.
Excellence
that is perfect is righteousness.
Nask
12: Chihrdad (legal) (13)
Races and
monarchs from Gayomard to Zartosht; (§17) the Sasanians and some leaders of
religion.
1.
The
Chihrdad contains particulars about the race of mankind; how the formation of
the first man, Gayomard, by Ohrmazd was for the manifestation of the bodily form
(kerpih); and in what manner the first couple, Mashye and Mashyane arose. 2.
About their progeny and lineage during the entire progress of mankind in the
central region of Xwaniratha, and the distribution from them into the six
regions which are around Xwaniratha. 3. The various races, which are specially
enumerated, were ordered to disperse by the attracting or banishing command of
the creator, to each separate race, as to the place where it went to; and whose
life and soul (nisman) are appointed from yonder world. 4. Also the original
description of their descent into the various regions, of those, too, who are on
the frontiers of Xwaniratha, and those who also made their habitation in the
intermediate places; and the customs of each one of the species of mankind which
was produced among the original races.
5.
The
original establishment of law and custom; that of village superintendence (dihankanih),
for the cultivation and nourishment of the world, based upon the traditional
early law (vasarid peshdado); and that of monarchy, for the protection and
government of the creatures, upon Hooshang the Peshdadian. 6. A report of the
lineage of Hooshang, who was the first, and Tahmurasp who was the second ruler
of the seven regions; and an enumeration of reports of lineage from the original
creation even unto Yim [Jamshed]. 7. A report of the lineage of Yim, the third
ruler of the seven regions; information as to his period, and the progress (sachishno)
of time from the original creation till the end of the reign of Yim.
8.
A
report of the ill-informed evil ruler of the seven regions, Zohak; his lineage
back to Taz, the brother of Hooshang and father of the Taziks (Arabs);
information as to him and his period, the progress of time from the end of the
good reign of Yim [Jamshed] till the end of the evil reign of Zohak, and the
lineage from Yim as far as Faridoon.
9.
A
report of Faridoon, the ruler of Xwaniratha; as to the smiting of Zohak, the
conquering of the country of Mazendaran, and the allotment of Xwaniratha among
his three sons, Salm, Tuj, and Airik; their union with the daughters of Pat-srobo,
king of the Arabs and descendant of Tuz, and the lineage and report of them,
each separately. 10. The reign of Manuschihar of Iran, descendant (napo) of
Airik. 11. The expiating monarch Frasiyav the Turanian, and Auzobo the Tumaspian,
monarch of Iran.
12.
The
descendant of Manuschihar, Kay Kobad, who was progenitor of the Kayanians and
ruler of Iran; and the expiating ruler Kersasp. 13. Kay Us, grandson of Kobad,
ruler and maintainer of royalty (kai-dano) in the seven regions. 14. Kay Khosraw
who was son of Siyavakhsh and ruler of Xwaniratha. 15. And a special report of
many particulars of the races of Iran, Tura, and Salman, even unto the ruler Kay
Loharasp and the monarch Kay Vishtasp. 16. The prophet (vakhshvar) of the
Mazda-worshipping religion, Zartosht the Spitaman, and the progress of time from
the beginning of the reign of Faridoon till the coming of Zartosht to conference
with Ohrmazd.
17.
And
many races and statements, onwards from that time, are enumerated in the same
Nask as having existed, and are characterized by it for existence, such as the
Sasanians whom it reckons as the well-created -- and their sovereignty. 18. In
the race of Manuschihar, Nodar, Yavist i Friyan, and Namun, son of Spend-shed,
is included the father of Avarethrabau, Adarbad Mahraspandan; and its existence,
even then, remains for the future. 19. Also about the many qualities of
capability and glory of the selfsame sovereignty, which are promoting the
renovation of the universe destined for the races; and its fortune and splendor
which are shed upon the race, and are not severed from it till the renovation.
20.
About
the original knowledge of the professions, care, and industry of the period; the
great acquaintance of mankind with the putting aside of injury from the
adversary, the preservation of the body, and the deliverance of the soul; the
government necessary for the world, even before the coming of Zartosht by order
of the creator; the bringing of the word from the sacred beings, and all
occurrences to the leaders of religion at various times; and whatever is on the
same subjects.
21.
Perfect
righteousness is excellence.
Nask
13: Spend (gathic/religious) (14)
Birth and
life of Zartosht, his vision of the past, future, and other world; (§12) his
posthumous sons, the future apostles.
1.
The
Spend contains particulars about the origin and combination of the material
existence, guardian spirit [farohar], and soul (nisman) of Zartosht; how the
creation of each one occurred in the spiritual existence, and in what mode it
was produced for the worldly existence, how their connection with the parents
arose, the coming of the parents together, the combination in the mother, and
the birth from the mother; and whatever is on the same subject. 2. Also about
the arrival of both spirits, the good one for developing, and the evil one for
destroying; the victory of the good spirit, and the rearing of Zartosht.
3.
His
attainment on maturity, at thirty years of age, to a conference with Ohrmazd;
and the occurrence of seven conferences in ten years. 4. Many marvels, owing to
him, are published therein, just as there are some which, collected and
selected, are noticed by the Denkard manuscript .
5.
In
seven sections (burino), such as are called Spend, are the seven inquiries, in
each instance a single inquiry; and the bestowal of the other Nasks, in these
seven inquiries, was through speaking out in each one of the places of
conference. 6. About the various inquiries, the period of the sitting and rising
on each occasion, the nature of the sitting of the archangels, the coming
forward of Zartosht to that domestic conclave (handemanih), his position in that
place, what there was to say to him, and what there was to exhibit to him.
7.
The
conferring of the wisdom of omniscience upon Zartosht, and what was seen by
Zartosht of the past and future, and the perpetual amount of duration therein,
through that wisdom. 8. The existence of that wisdom, and what that is which,
after having subsisted in it, is again well recognized; such as, owing to it,
are the highest and best of places, heaven and the various grades of position
and reward of the righteous, according to their worthiness through the practice
of good works; the most downward and worst of places, hell and the place of
punishment of the wicked, according to their sin; and, between the two, the
place of the ever-stationary, [hamistagan] those having equal good works and
sin; the Chinwad bridge, at which is the account as to good works and sin; and
the future existence, in which is the consummation of every one, righteous and
wicked, and the preservation of all good creations from every evil occurs.
9.
Information
also as to many other things which are marvelous, and as to a summary of the
statements of these seven inquiries, which is derived from knowledge of every
kind. 10. Likewise, about the communication of Zartosht's knowledge of the
Mazda-worshipping religion to the world, his attracting mankind to the religion,
and the ages, after Zartosht, until the renovation of the universe. 11. And
about the nature of the advancement of the people of the period, the separation
of centuries and millenniums, and the signs, wonders, and perplexity which are
manifested in the world at the end of each millennium in the world.
12.
Also
as to the birth and arrival of Aushedar, son of Zartosht at the end of the first
millennium, and a report of him and his time, and of the many destroyers of the
organizers of the period between Zartosht's millennium and the coming of
Aushedar. 13. The arrival of Aushedar-mah, son of Zartosht, at the end of the
second millennium; information about him and his time, and the destroyers of the
organizers who were within the millennium of Aushedar. 14. The coming and
arrival of Soshyant, son of Zartosht, at the end of the third millennium, the
destroyers of the organizers who were within the millennium of Aushedar-mah, the
arrival of Soshyant, and information about Soshyant and his time. 15. Also, as
to the renovation of the universe and the future existence, it is declared that
they arise in his time.
16.
Perfect
is the excellence of righteousness.
Nask
14: Bagan-yasn (legal) (15)
Worship of
the sacred beings and duties of the worshippers.
1.
The
Bagan-yasn contains particulars, first, about the worship of Ohrmazd, the
highest of divinities (Bagan), and, secondly, of the worship of the angels of
other invisible and visible worldly existences, out of whom are likewise the
names of the days; also their glory, power, triumph, and marvelousness. 2.
Besides, also, many angels who are invoked by name in their worship, and the
attention and obeisance due to them.
3.
The
worthiness and dispensation of favor for worshippers, and the duty of their many
separate recitations unto the angels. 4. The duty of unlimited acquaintance with
knowledge about the possessions and arrangements of the period, over which the
creator Ohrmazd has appointed them, and they remain to cause industry.
5.
Perfect
is the excellence of righteousness.
Nask
15: Nigadum (legal)
Section
1: Patkar-radistan: misery from sin and assault, kinds of assault and
magisterial inquiry, (§13) punishment without inquiry, counter-assault (16)
1.
The beginning of the law is the Nigadum [1] of thirty fargards [2]. 2.
The section Patkar-radistan ('magistrate code') [3] is about this, that
the ruin and misery (ayoyakih) from the destroyer, for mankind and
animals, occurring really apart from the spiritual existence have arisen
through the sinfulness even of mankind; and the progress of ruin and
misery in the world is owing to unauthorizedly assaulting one another. 3. Advice
to mankind about abstaining therefrom, with an estimate of an authorized
assault, and, again, for a slight assault and no assault. 4. To stand
magisterially, even opposed to the un-magisterial, with freedom from hurt and
loss to oneself; and to abstain altogether, likewise, from the most innocuous (anakhrugunotum)
assault even upon an unmagisterial person.
5.
In all magisterial investigation (patkar-radih) -- of which, when the custom
that: exists is established judicially, the substance is two statements, which
are verbal and demonstrable, that subsist in different combinations -- there
are four species: the verbal and demonstrable, the verbal which is not
demonstrable, the demonstrable which is not verbal, and that which
is neither verbal nor yet demonstrable. 6. In the arguments (saman) which are
allotted as verbal are four species, the dispute having different
arguments and different assertions which are for unmagisterial
investigation, for one's own priestly authority (rado), for another good man --
three of such- being requisite [4] -- and also for other evidence [5]. 7. And in
those which are allotted as demonstrable are six species, and for an
unmagisterial person the assertions, like the previous species which are
on the same subject, are twelve [6]. 8. Of all unmagisterial proceedings --
which, though it be a custom, is to proceed unauthorizedly -- the species are
five [7], which consist in having demonstrated, getting upon, striking
[8], having caused a wound, and having slain.
9.
Of those subject to the magistrate (patkar-rado-homond) the twelve
species are divided into four sections of three each. 10. One section are the
hearing who are seeing, they to whom a dispute which is verbal [is demonstrable;
the hearing who are not seeing, they to whom a dispute which is verbal [9]] is
not demonstrable; and the seeing who are not hearing, they to whom even a
dispute which is demonstrable is not verbal. 11. And with these three, who are
in one section, there is magisterial investigation; and the magistrate, unless (bara
hat) [10] risk for the body be certain, is then irresistible: which is as
though it be said that to restrain by wounding (resh) is not justifiable,
but the decision therein is this, that, when they do not change through
lawful litigation, and they cannot hold back without wounding, it is justifiable
to keep them back even by wounding. 12. One section are the not hearing
who are also not seeing, the women, and the children; and with these three, who
are in one section, there is no magisterial investigation; and the decision as
to the bodies thereof is this, that, unless risk for the body be
certain from their complete change, they are then to be completely changed (bara
vardishno). 13. One section are the foreigner and him worthy of death,
certain of thereby producing a sentence for being executed from the
judges; also the highwayman, when he stays on the highway and his
destruction is proclaimed, but it is not possible to effect it.
14. With these three, likewise, who are in one section, there is no magisterial
investigation, but the decision about them is even this, that when one is
utterly destroying their life, one is thereby possessing merit. 15. One
section are they who are walking, or coming upon one, unseasonably,
or retreating confused into a rugged place, and, when people ask
them to speak, they are giving no answer, and they are not
suspicious as foreigners. 16. With these three, likewise, who are in one
section, there is no magisterial investigation, and the decision about them is
this, that when one kills them outright, one does not become
sinful thereby.
17.
As to whatever is on the same subject it introduces many opinions, and
also this, that a counter-assault (avaz-zatam) is that which becomes a blow and
wound, and is to be so committed when it is possible to produce them
again exactly in every single particular.
NOTES:
[1]
Corresponding to the fifteenth word, khshathremcha, in the Ahunwar, according to
B. P. Riv.; but it is the sixteenth Nask in other Rivayats. This name should
probably be Vik-ait-tum, meaning, 'the most separate concerns,' as the Nask
refers chiefly to public law; but it is called Niyaram or Niyadam, in the
Rivayats.
[2]
The Rivayats say fifty-four kardah, which number may have been obtained by
adding the 'twenty-four particulars,' mentioned in Chap. 20.1, to the
thirty fargards stated here.
[3]
The patkar-rad, or settler of disputes, appears to have held a position
somewhere between an arbitrator and a Judge, and which may be approximately
defined as that of a magistrate.
[4]
Evidently referring to arbitrators with an umpire.
[5]
Reading hano gokayih, but hano is an unusual form. Perhaps agokayih, 'want of
evidence,' would be more suitable to the context.
[6]
So the MS., but 'four' would suit the context better, and the two Pahlavi
ciphers do not differ much in shape.
[7]
These five grades of unauthorized retribution are analogous to the five grades
of personal outrage mentioned in Vd. 4.17.
[8]
Pahl. zatam, 'a blow, assault, striking,' is used throughout, instead of zakham
(Pers. za'km), which latter word does not occur in these two books of the
Denkard, except in the form zakhamihastano in Bk. 9, Chap. 8.6. The Farhang-i
Oim-aevak also uses zatom in the same sense, in its oldest MSS.; and Dd. 5.1 has
zatam. Darmesteter suggests that zatam and zakham are both traceable to an
original zathma, or zathema.
[9]
The words in brackets are omitted by mistake in the MS.
[10]
The ambiguity, mentioned in the latter clause of this section, appears to lie in
these words, which mean either 'but if' or 'only if.' Such ambiguity must have
existed in the original Pahlavi text of the Nask, and probably indicates that
the earlier part of this section is a summary of the Pahlavi version of the
original text, while the latter part is a summary of the Pahlavi commentary upon
that version. As the same ambiguity occurs, without comment, in § 12, where the
meaning seems tolerably certain, it is doubtful if the commentator's opinion can
be adopted.
Section
2: Zatamistan: assault and its consequences, begging and beneficence,
perversion, using weapons; conflict through assault, tumult, false-teaching,
starving, spells, and threats, by men, women, and children; ill-treatment of
slaves, compensation the only atonement, responsibility of fathers for crimes of
children (17)
1.
The second section is the Zatamistan ('assault code'), particulars about
assault (zatam) and the annoyances (veshigano) from assault, such as pain,
blood, and unconsciousness; also the sin [1] that a man may commit in a
state of unconsciousness. 2 About the seven kinds of symptoms of
unconsciousness, and separate decisions about assaults that adults may commit
among those who are children; also as regards an assault which proceeds to pain and
blood, and as regards that in which the duration of the disposition of wrath
abates the pain and blood.
3.
About begging (khvahishno) and beneficence (hu-dahishno) [2], such as
those of which one says in particular there are four species: when
stinginess (pushih) benefits pride (piko) when pride benefits stinginess when
stinginess benefits stinginess, and when pride benefits pride; and there are
three other species that originate from these last two, in consultation
together, when stinginess and pride benefit stinginess and pride, when
stinginess and pride benefit stinginess, and when stinginess and pride benefit
pride, all which, together, constitute the seven primary species; many
others, too, are traced back to these. 4. Also about seeing the depravity (khang
didanô) of a perverting member of the community (kastar dahm) and of the
perverter of a member of the community, and whatever is on the same subject.
5.
About a weapon seizable, and a weapon one brings, there is this,
namely, what is the thing which is imperfect (anasporik) as a weapon, what is
that which is not, and what is that which is welcome as a weapon; what is that
which, when any one forces it back at any one as a weapon, is itself something
annoying to him; what is his natural annoyance and what his imparted; and the
penalty in property and difference of sentence on a man who is carrying a
weapon, due to any weapon he has to carry away.
6.
About the six modes of engaging in conflict: through assault, tumult (khvashishnô)
[3], false teaching (mitok-sastô) [4], giving no food (atapdadô) [5], speaking
with wizard's spells [6], and speaking with threats of danger [7]; and, where there
is an engaging
in
conflict, it then occurs when one has stood up for beginning it and the assault
is committed, on one by the other, and not before. 7. And this, too, that
engaging in conflict occurs as regards adult with adult, childless women with
childless women, pregnant women with pregnant women, and children of seven years
with children of seven years -- but, as regards children of seven years in sight
of their fathers, it becomes an engaging in conflict of the fathers --
and the decision about it is this, that the atonement for every sin which may be
committed through engaging in conflict goes to the priestly authorities.
8.
About the affliction of a pure lord who sees any one who has been
useless (abûn) unto his slave, though the slave is beseeching, and does
not contend for his ownership. 9. About sin affecting accusers [8] not
being atoned for by any other good work, except unto the accuser himself; also
about the slaying of a servant together with his lord, and whatever
is on the same subject.
10.
About slaying by untaught children of seven years, or even of
eight years in sight of their fathers; and the criminality of the fathers
therein, when it is possible for them to hinder it and they do not hinder it and
when it is not possible for them to hinder it.
NOTES:
[1]
Involuntary violations of the ceremonial law.
[2]
The terms used in this section are not quite certain.
[3]
Pers. `hashish. Farh. Oim, p. 34, ll. 6-8, has 'Av. vâiti = Pahl. khvashishnô
is that when one runs behind any one for offensiveness.'
[4]
Farh. Oim, p. 35, ll. 1-4, has 'Av. mithôsâst and its explanation "false
teaching" are that when one teaches a false way to any one; even when he
unaccustomedly shows it rightly to any one, it is a committal of Mithôsâst by
him.'
[5]
Compare Pers. tabah, tô, tôî. Farh. Oim, p. 38, ll. 2-4, has 'Ataftdâd is
that when one keeps back food and drink, whereby there is hunger and thirst.' It
is worthy of death (see Chap. 20.97).
[6]
Farh. Oim, p. 34, ll. 3-5, has 'Av. yâtukhta, through wizard's spells (yâtûk-gôbishnihâ),
is that when one shall speak thus: "I will destroy thee through
witchcraft;" when one says "through the spirits' lack of good
religion' it is of the same kind.'
[7]
Farh. Oim, p. 34, ll. 5, 6, has 'Av. dudhuwi buzda, threats of danger (saham-numâyishnîh),
is that when one speaks thus: "I will strike with worldly
weapons."'
[8]
A sin which injures another person, or any good creation, who must be satisfied
by compensation before the sin can be remitted.
Section
3: Reshistan: kinds of wounds, scourging, 76 members of the body, effects of
assaults, modes of assaulting, description of a wound and the weapon, curing
wounds (18)
1.
The third section is the Reshistan ('wound code'), particulars about
cutting, tearing, cleaving, disemboweling, stabbing, gnawing [1], rupturing,
hacking, mutilating, and withering [2]; such as are all called wounds. 2. The
upheaving circular movement of a certain serpent-scourge [3], the throwing down
of the person, and the flow of blood from the bodies of the people.
3.
How the various members are divided into seventy-six that are more particularly
called principal, which are comprised in two classes; two of these, which are
clothed and different, one from the other, are female, and some out
of the surrounding parts (girvôgânih), which are apart from eight of
the principal, that are comprised in the members of the two classes and among
those seventy-six -- and which, in like manner, are different one from the other
-- are female, and are of differentt purpose and different design, one
from the other.
4.
These, too, namely, when any one, through an assault, produces, for any other,
stupefaction, swelling, or leanness, blackness [4], or paleness, shortness, or
tallness, want of intelligence, much eating, little eating, or moderate eating,
indolence, or diligence, or dullness of hearing; or he wishes to speak some words,
and they strike him in return; or one altogether diminishes any one's
speech, sight, or hearing, wisdom, strength, or semen, milk, or pregnancy;
or when one destroys the spleen (spur) or milk of females, or, in revenge (gifar),
kills his son outright; or when they would inflict a wound upon a wound,
and one's blood goes streaming forth.
5.
Also about an assault with one, two, or three weapons, or more, in conjunction;
or they may commit it on the spot, or in confederacy, or as a first
offense [5]. 6. About the measure of a wound when a two-edged sword (dôbarakô)
plunges down, the area (sarâî), walls, and surroundings, and the shape which
is plunged; that which is hacked, or cleft, or mutilated, or a torrent of
blood streaming; the affliction (vamang) of the furious serpent-scourge (mârvanô)
[6], and the length, glitter, and weight of the weapon.
7.
The ritual for the departure of a wound and the departure of pain, watching over
it for the duration of three nights or a year, its greater wretchedness or
less wretchedness, its cure (sporîkîh) or incurableness, and
whatever is on the same subject.
8.
Trivial enumerations, and decisions upon each separately.
NOTES:
[1]
Or, perhaps, khvâyishnô (compare Pers. `hâyîdan) may mean 'biting.'
[2]
The last four terms are, in Pahlavi: shkônishnô, khûrdô kardanô, tâshidanô,
and khûshînîdanô.
[3]
The mâr-ganô (Av. khrafstraghna), we are told in Pahl. Vend. 18.6, may be made
of anything, but a leather one is good' (see also Bd. 28.22).
Intended as a snake-killer, it was misused as a scourge for human beings.
[4]
Assuming that vêshîh, 'excess,' is a miswriting of siyahîh.
[5]
These three modes are expressed by Paz. ithrih, hidhih, and apavarâvarshtih,
which stand evidently for the original Avesta words ithra, hadha, and
apaurvavarshta (see Chap. 21.6).
[2]
See § 2.
Section
4: Hamemalistan: accuser's code (19)
1.
The fourth section, which is also called the law of the Hamêmâlistân ('accuser's
code'), contains particulars about accusation, and about the false
accusation by any one, regarding any other, as to witchcraft, destroying a
righteous man [1], theft, plunder, injuring the existence, minor injury
[2] as regards several particular things, taking up a weapon, threatening
with it [3], assault, tumult [4], incarcerating [5], false teaching, fettering,
making dejected (nigûnô), giving no food, falsehood, speaking with wizard's
spells, or with threats of danger, abstracting the increase of laborers' wages,
wishing to cut (vurîdanô) and squeeze (pashkhâdanô) anything from anyone,
and seizing (majîdanô) it for fire and water, and whatever
is on the same subject, 2. Also about the limitation of the accusation of sin
therein, the retribution for it, and the dust, or ashes, or flour, for the eyes
and the rest of the bodies of human beings, it now [6] speaks henceforth for
thirty successive heads [7].
3.
About the sin of making people eat bodily refuse [8], and bringing it
unlawfully to their persons or clothes; and of going to a menstruous
woman, or a wizard. 4. About a juvenile and well-behaved woman who comes out
from a house of those of the good religion, and is considered as well
taught. 5. About falsehood and slander, small and great, and whatever
is on the same subject. 6. About the care of a pregnant woman in lawful
reclining (khapâk), feasting (jashnô), and work.
7.
About a householder who does not teach his own household, in order to
teach the household of another; and whatever is on the same subject. 8.
About a quiet and an unquiet person with equal opinionativeness,
and the opinion which they have to form before beginning. 9. About the
expediency or inexpediency of the opinion which is announced, and the
reason of both. 10. About the man who, for fear of a counter-assault, runs away.
11.
Also about not renouncing sin, neglecting complaints, and whatever is on
the same subject.
12.
The difference of sin in priests from that in any one else, as regards its
renunciation. 13. About the expediency of retribution, and the measure of the
expediency. 14. About and to what extent is the authority of one's own priestly
master, for allowing the sin which any other person may commit as regards a
disciple of that same, and that, too, of his disciple affecting the soul.
15.
About the chastisement of a judge who is releasing sinners, and whatever is on
the same subject. 16. About the justifiableness of a plaintiff in
committing illegality. 17. About seizing the purity produced for foreigners, and
whatever is on the same subject. 18. About one worthy of death making
supplication (lâvakô), cooperation with one worthy of death, and whatever is
on the same subject. 19. About confession as regards anything, the object of
confession, and whatever is on the same subject. 20. About exhibiting a liking
for sin worthy of death.
21.
About a blow with a weapon, which is incomplete or not incomplete, when adults
or children shall inflict it, or when children with mutual assistance. 22. About
a wounded person whose anguish was allayed by medicine, the
arising of the anguish again from disease, when he died, and whatever is
on the same subject.
23.
About taking security (garôbô) from the defendant after the decree of the
judges. 24. About the legal proceedings as to an offense when, owing to the
incapability of the plaintiff, adjournment has always occurred, and a man
would occasion an acceleration of the statement of law (dâdô vâch) and of
the procedure of the plaintiff. 25. About appointing a mediator (dâdak-gôbô),
and the object of mediation.
26.
About an assault (zatam) which is altogether of furious (pûr-tâk) origin. 27.
And about a harmless (âzad) assault and striking back fairly to test a
weapon, and, when it is not possible fairly, turning it into execution of
duty, or giving of scars (pishanj-das), or punishment; a statement of the
change, and whatever is on the same subject. 28. About the limit of the
punishment of a child for the sin it may commit 29. About seeking an
interpretation (pâdô-khân), the limit of interpreting, and whatever is on the
same subject. 30. As regards a signal of approving the words of any
one, on passing away, are these -- About giving up anything, making a will about
it, and renunciation of sin.
31.
About committing an assault upon an unknown person at an indefinite time,
and whatever is on the same subject. 32. About giving a weapon and telling
someone to kill a foreigner who is taken for judicial investigation, and
whatever is on the same subject. 33. About the great hinderers [9] who are
slain by a righteous man, who the great hinderers are, and unto whom it occurs;
when one has to command it as assistance for one or many, or they shall
commit the assault in advance or afterwards, and whatever is on the same
subject. 34. About the weapon they shall seize it is stated thus: 'I see
a man and a sheep, I strike upon this and upon that, and it is
gone:' and whatever is upon the same subject.
35.
About petitioning, and the going of a frontier governor (mar'zhpân) to
the feet of tyrants (sâstârânô) to speak of regulations, and whatever is on
the same subject. 36. Where and when one strikes a living person he
vexes him, and the living person he strikes vexes him when dead;
but he who strikes a dead person is vexed alive, and the dead person
he strikes vexes him when dead; and whatever is on the same subject.
37.
As to wood and useless pith (dîl), that which is for keeping is as far as a
dimension that is mentioned, and one, therefore, passes it by not
to burn concerning also that wood which is only for the blast of a furnace (gûrîh
zîgâ) as firewood, the burning and dimensions and blast of the furnace are
stated, and whatever is on the same subject. 38. About the sin through which
a man attains from atonement to the sacred-twig [barsom] ordeal (baresmôk-varîh),
and from the sacred-twig ordeal to the heat ordeal (garemôk-varîh)
which has maintained the worthiness of an assault that is an actual
inexcusability (achârîh) [10] to reasoning thought; and whatever is on
the same subject.
39.
About the excellence of physicians, their merit from doing good, and sin
from not doing good; the quality that exists as regards medicines, seeking a
physician for animals also, and whatever is on the same subject. 40.
About a horse, which is new to the saddle (kôfak), being made tailless (kapeh)
and not feeding (akhavânô), how it is done, the sin owing to doing it
unlawfully and heedlessly, the wound and damage that arise from it, and whatever
is on the same subject.
41.
About several persons, when anything that is imperfect, or even not imperfect,
as a weapon is convenient to them, and a wound occurs, and it is not evident
which, or who, threw the weapon, it is not necessary to know its imperfection
or lack of imperfection [11]; and whatever is on the same subject. 42.
About the three modes for thrusting a weapon are these details, that is,
so much of it when one thrusts it on ground that is hard, or soft, or
full of ruggednesses (âchârîgânakô); when one shall bear it up
aloft, and the amount of the height; and when one impels it again
with a sweep, or has to draw up its center at the time of a sweep; and
whatever is on the same subject. 43. About an assault and the most hurtful
occasion when, for the same reason, they would celebrate a religious
rite; the retribution on the spot, and the sentence upon the fourth
occasion [12].
44.
About incarcerating (handerêtô) in a frightful and inaccessible (avidarg)
place, and among noxious creatures; the quantity of noxious creatures, and
whatever is on the same subject. 45. About grasping the tail of an ox, or a
horse, on which another sits, to hold it back, and whatever is on
the same subject. 46. About threatening danger, wizard's spells [13], and
whatever is on the same subject.
47.
About plaints as to the value of a lamb [14], or a sheep [15], or a beast of
burden (stôr), or a human being (vîrôk) [16]; either when the plaintiffs
are one, or two, or three, or four, or many; how one has to summon the
defendant, and how much time there is. 48. About when the controversy (han-bêshinîh)
is as to theft (dûjô), and the confession as to plunder (avor); or the
controversy is as to plunder, and the confession as to theft; and when the
controversy is as to injuring the existence [17], and the confession as
to minor injury; or the controversy is as to minor injury, and the confession as
to injuring the existence; and when the controversy is as to theft and
plunder, and the confession as to injuring the existence and minor
injury; or the controversy is as to injuring the existence and minor
injury, and the confession as to theft and plunder. 49. And when
the controversy is about so much, and the confession about so much of a
different kind; when the controversy is about so much, and the confession about
more of a different kind; when the controversy is about so much, and the
confession about less of a different kind; when the controversy is about
so much, and the confession as to more of the same kind; and whatever
is on the same subject.
50.
About the sin of unfriendliness of a master towards a disciple, and whatever
is on the same subject 51. About taking a thief of any one's goods (aîshîgânô),
conducting him to the judges, and what ever is on the same
subject. 52. This, too, that when affliction has come upon a good man, the
effort of every one, for removing that affliction, should continue just as
though it happened to himself. 53. And when a good man is beaten through
malice, the effort of every one, in demanding compensation for him from the
smiter, should continue just as though it happened to himself. 54. And this,
too, that, when there is no danger for one, the power of affording assistance is
thus assistance of the innocent; and, as to the property which may be
carried away from him, and of which they shall make no
restitution, after as much as a Hasar [18] the carrier off becomes guilty
and liable to penalty.
55.
About the distinction of indigenous and foreign (aîr va anaîr) thieves as to
cold and the clothing given, and as to sickness and undergoing
remedies. 56. About the hands of a foreigner being unfettered for no
other reason but care of water and fire, to preserve them from blood,
filth, and injury (âsipô). 57. About the sin of not restraining him who is the
first assailant of two combatants, as soon as his attack is seen. 58. About
teaching the peace of renunciation of sin, the bond of worthiness of him of
great power even when proffering union in renunciation with him of
little power, and whatever is on the same subject.
59.
On the nature of responding about the keeping away from one worthy
of death which arises through great judiciousness, the reason of keeping, how to
keep, and whatever is on the same subject. 60. And on the nature of
responding when they ask in malice about a righteous man, when one knows his
whereabouts, and when one does not know. 61. About how one is
to give a weapon to generals (hên-gô-padanô) and august frontier governors.
62.
About authorizedly shooting an arrow at one worthy of death, which is
given again for killing him to any one unto whom the person worthy
of death is consigned and becomes supplicating (lânakô) and goes
to the middle of the distance, and they shall afford him assistance and enervate
him for it, when, through the three words [19] which he utters,
they do not deliver him up again. 63. About one worthy of death
who is preserved with great judiciousness when the evidence, which they give
before that about him, is through another one worthy of death, and whatever
is on the same subject. 64. About evidence as to witchcraft and destroying a
righteous man, that is, in what proportion it is certain or doubtful. 65.
About causing the execution of one worthy of death for entertaining
fondness for witchcraft and laughing at witchcraft, and whatever is on the same
subject.
NOTES:
[1]
Pahl. aharûbôkîh (= Av. ashavagha) must not be confounded with aharûbôîh,
'righteousness' for which aharâyîh is more commonly used.
[2]
These two kinds of injury, usually written bâîôdôk-zêdô and kâîtyôk-jadô
in the Denkard; are mentioned in Farh. Oim, pp. 32, l. 8-34, l. 2, as follows: 'Av.
baodhajad = Pahl. bôdô-zêd and Av. baodhô-varshtahê = Pahl. bôdôk-varsht
are, as it were "observantly assaulted," and one mentions them most
about the assault and injury of anything which is noticeable. Through falsehood
other noticeable sin is small, and is subdued through being devoid of an
injurer, as the assault and injury of anything through wear is a small sin. Kâîtyô-jed
is a sin for mankind, which is a degree of Bôdôk-zed, but less; so also the
decree (dastînak) is different from Bôdôk-varsht The principal Bôdôk-zêd,
that of animals with observance, the Bôdôk-zêd through wear, and the Kâîtyôk-zêd
sin towards people are sins which are hamêmâlân ("affecting
accusers"). The dissipating weapon for sin dissipates the sinfulness of the
other sin, which is called rûbânîk ("affecting the soul").'
[3]
These two terms are âgêreptô and avôîrishtô (Av. âgereptem and
avaoirishtem) which are thus described in Farh. Oim, p. 36, ll. 4-6: 'âgerept,
"seized," is that when they shall take up a weapon for smiting an
innocent person; avoîrisht, "turning," is that when one
turns the weapon upon an innocent person.'
[4]
See Chap. 17.6, for some of these terms.
[5]
Pahl. handerêtô which is thus described in Farh. Oim, pp. 34, l. 8-35, l.1: 'Av.
handereiti, Pahl. handeretô, is that when, owing to negligence, one
keeps any one exhausted; when one would make him fallen who is of the ruined, or
him who is a master of arms, and has imprisoned him, the causing of much
anguish thereby is the committal of incarceration.' see also § 44.
[6]
Paz. knîn (= knûn).
[7]
Of which the details are not mentioned.
[8]
Pahl. hîkhar (Av. hikhra) is any refuse or dirt from the living body, or any
liquid exudation from a corpse.
[9]
Doubtful: the word can be read freh-gasîgân on its first occurrence, and
freh-gashîgânô on its last; but both reading and meaning are very uncertain.
[10]
It might be 'inevitability,' but this would render the ordeal unnecessary.
[11]
The fact of the wound being sufficient to prove the unlawfulness of using the
weapon.
[12]
According to Vd. 4.35, if a man wounds another so that the blood comes, and does
this for the fourth time, he becomes an outcast and receives the maximum
punishment. Also, when a person walks without the sacred girdle or shirt (Vd.
18.59), it is at the fourth step that the demons possess him.
[13]
See Chap. 17.6.
[14]
Pahl. Av. asperenô (= Pahl. anaspôrîk) 'imperfect, immature;' an epithet for
a lamb or kid.
[15]
Pahl. anûmôyê (Av. anumaya), probably 'bleater,' an epithet for a sheep or
goat.
[16]
These four grades of value are mentioned in Vd. 4.48.
[17]
See § 1.
[18]
A Hasar (Av. hathra) is a measure of distance, as well as of time. This is
stated in Farh. Oim, pp. 41, l. 11-42, l. 3, thus: 'Of the Hasar there are also
several kinds that express measurement. A medium Hasar on the ground, which they
call also a Parasang, is a thousand steps of two feet which have to walk. With
the lapse of time of a medium Hasar the day and night are computed.' Again, p
43, ll. 1-3 state that 'of twelve Hasars is the longest day; that day and night
in which is the longest day are twelve of the longest Hasars, eighteen of the
medium, and twenty-four of the least.' From this it appears that an average
Hasar of distance is a thousand paces, or Roman mile; and an average Hasar of
time is one hour and twenty minutes.
[19]
Possibly humat, hukht, huvarst, 'good thoughts, good words, and good deeds,'
which would be accepted as a sign of repentance.
Nask
15: Nigadum (legal)
Section
5: (20)
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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
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.
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.
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.
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.
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.
66.
About the case where one has to atone, and who does it; he who
undergoes the sacred-twig 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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).
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.
NOTES:
[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.
[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.
[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).
[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
[6]
That is, on the first or second day of the Parsi month; and to the other on the
third day.
[7]
See § 11 n.
[8]
A slave no doubt.
[9]
This is the technical term for legal seizure, or sequestration (see Chap. 39).
[10]
See Chap. 17.6.
[11]
Or it may be 'to provide supplies.'
[12]
See Chap. 19.47.
[13]
Paz. aôganghen for Av. aoganghem = aojanghem (see also Chap. 41.17, 18).
[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.
[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.
[18]
Eighty minutes on the average (see Chap. 19.54 n), but varying from one hour to
two, according to the duration of daylight.
[19]
That is, from the scriptural law and its commentary.
[20]
That is, according to precedents recorded by the priesthood.
[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.'
[22]
Compare § 115.
[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.'
[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.
[27]
See Chap. 17.6.
[28]
See § 65.
[29]
Reading dêv-vijîn which is miswritten ...
[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.
[32]
Or 'rations' (vâyagân).
[33]
Compare § 79.
[34]
In hell (compare AV. 40.7).
[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.
[37]
The Persian monarch.
[38]
Vâmkûnîh, compare Pers. bâmûn. It cannot be 'making loans, or
money-lending,' because that would be spelt âvâm-kûnîh.
[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.
[40]
Here written Hâdôîtô; the name of the twentieth Nask (see Chap. 45).
[41]
The name of the eleventh Nask (see Chap. 12).
16.
Duwasrud Nask (legal)
First
section (21).
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.
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.
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.
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.
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.
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.
NOTES:
[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.
[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).
[5]
Assuming that mûn stands for amat, their Iranian equivalents being nearly
alike, and the latter word being used in the succeeding clauses.
[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).
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.
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.
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.
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.
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.
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.
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.
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.
NOTES:
[1]
Perhaps the repetition of the word amat, 'and when' is a blunder of the copyist.
[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.
[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.
[7]
See Chap. 20.153.
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