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.

Pasush-haurvastan section (23). 

1. One section of the next twelve is the Pasush-haurvastan ('shepherd's-dog code'), about the shepherd who is selecting a shepherd's dog for the sheep, and the shepherd with various shepherd's dogs; about the shepherd's comprehension of their serviceability, one with the other, and whatever is on the same subject. 2. The extent of authorized efficiency (shalît-gârîkîh) accomplished by the shepherd's-dog nature of a shepherd's dog, after his being appointed by the shepherd.

3. About the shepherd's preparing the means of bedding [1] for the shepherd's dog, giving the amount of the price of the daily food of a shepherd's dog, provisions for the dog in the winter, and the preparation of a fire beforehand which it is necessary to make in the sheepfold (pâh-hastô). 4. About the mode of preparing the appointed fireplace of the sheepfold, the position of the shepherd's dog and the dog's fire, the means of lodging and provisioning the shepherd's dog in the sheepfold, the sin owing to the occasions when one proceeds to provide another mode, and whatever is on the same subject.

5. About the diligence of the shepherd's dog, and about his being guardian of the sheep asleep at night in flocks [2] dreading distress; the dog, their protection, is not provided with bedding, nor with pillow, and they are happy; every night he has to come out,, through the whole flock, three times, besides when one of the guards (padânô), who is apprehensive, counts them, who, every day at dawn, has to walk out among the sheep, with good words, to inspect them, to apply remedies properly to the sheep that are sick, wounded, bruised,. Or defective, and to be their guardian; also the sin owing to worrying them, and whatever is on the same subject. 6. About that which is to be done by him as regards the breeding of the sheep, and likewise for the sake of the young ones; and the sin when he does not do it, or shall act otherwise. 7. About his fully understanding where and which is the sheep for each young one. 8. About his habit and means of keeping away the thief and the wolf from the sheep, and the preservation of the sheep thereby when an awful cloud and wind and rain arise, or when the position of those distressed ones, at the fords of rivers, comes opposite a locality (nisishno) of bad footing; when it is not possible for him to save all, he has to save the greater in value, or the more in number.

9. About his having guarded a sheep from the pasture of others and the retribution for the sin of not having guarded as to the eating and damaging of the corn and pasture of others by the sheep. 10. About the extent of preservation by the shepherd's dog's driving the sheep from the corn and pasture of others of various species, such as that which one calls the very stupid (gôltar) pig; there is, moreover, the specified pasture as regards those sheep, but the pig, which feeds upon its own predecessors, is also that which may commit another sin, for it feeds upon even its progeny at birth.

11. About the indication of an assembly place (garang) for the sheep, in a warm or cool locality, by the shepherd's dog. 12. About the characteristics of sheep from one to four years of age. 13. About the village (vis) of the shepherd, where the shepherd's dog is known when he arrives; how it is when a sheep has to be kept out of the sheepfold by the shepherd's dog, and how it is when it has to be driven by him to the village of the heedful shepherd. 14. About the coming of the shepherd unto a sheep, and the path from the village which the shepherd has provided for [3] the flock.

15. About a shepherd when he withholds the daily food of a shepherd's dog. and the exhaustion of life thereby; after the fourth deprival of food (atapak-dâdô) [4] it is allowable for the shepherd's dog to kill a sheep for nourishment. 16. About a sheep, which comes astray into the flock to be slaughtered, being the perquisite of the butcher (bâhar-i kûshtâr), and that of the shepherd's dog being its dog [5] and the appointed number of one sheep. 17. About their extent of movement, and their pregnancy and growing old (bâr va-khasân). 13. About the sin of the shepherd, as regards the shepherd's dog, through injustice as to work, reward, and chastisement; and of the shepherd's dog, as regards the shepherd, through improperly tending a sheep, or worrying it by exertion; also his chastisement, and the payment that occurs for the incompetence and unworthiness therein; besides adjudications between the shepherd and shepherd's dog.

19. About the instruction which the shepherd gives to the shepherd's dog, through reminders (pavan ayâdîhâ), to control a sheep, when, the shepherd's dog having heard some musical notes (srûdô gâsânô), the instruction took place in the form of words; and, when the notes were not heard, even by a blow (zatam), the means of that instructor being a blow. 20. About the peculiarity of the shepherd's dog as regards its employment (rôjkâr) at the periods of satisfying menstrual excitement, solemnizing the season-festivals [[Gahambars]], and other important good works.


NOTES:

[1] Or 'covering,' jâmakô.

[2] Paz. pasîvãn for pasûvãn (pl of pasu).

[3] Assuming that valman stands for val.

[4] See Chap. 17.6.

[5] The dog who allowed the sheep to stray being thus punished, by becoming the prey of the dog into whose flock the sheep strayed, also receives a sheep as his share of the butchering.


Storistan section (24).

1. The first section of the last thirty-five is the Storistan ('beast-of-burden code'), particulars about the sin, affecting the soul, due to unlawfully striking and wounding as regards beasts of burden and cattle; and the retribution and compensation for it to one's own cattle, that in case of a beast of burden and that in case of a sheep (anûmâê), during life. 2. That which arises when one smites them with a brand (dakhshak); that when smites them on the flank, and that when it is in front of them; that when their flanks are so smitten is complete smiting. 3. Of the smiting, too, of other members, the smiting in front, though the smiting be such as when one so smites for smiting on the flank, is not complete smiting. 4. And that which amounts to as much as a complete smiting, when one so smites as for smiting on the flank, is such as that when one casts off the skin, and that when one casts off the flesh, thereby, that when one is cutting it, or that when wounds (khîmân) or serpent-scourging (mârvanô) [1] are upon it.

5. It is also about making the dog which drives the sheep (pasûsh-haûrvô) dumb. 6. About bruising the limbs and plucking the feathers of birds, such as the case when it is complete smiting, and such as that when it is not complete smiting. 7. And unlawfully destroying as regards fish, such as when it would make their flesh inedible. 8. An account as to noticeably and worryingly beating cattle, about decrees of whatever kinds as to each separate beating worryingly that is to be considered as noticeable beating, and many decrees as to whatever is on the same subject. 9. About the retribution for making clothing of skins and woven wool (tadakô), and the sin of any one owing to kindling a fire therewith, or roasting flesh which is stolen or plundered.

10. About the good work of all that is wise activity, and the reward of the happy place [2]; the sin of everything that is ignorant activity, and the

bridge penalty of the evil place [3]; connected there-with, to make him who is righteous develops in wisdom, and to make him who is wicked diminish in ignorance, is the world.


NOTES:

[1] See Chap. 18.2, 6; or it may be muharvanô, 'cauterizing.'

[2] Heaven.

[3] Falling into hell owing to the narrowness of the Chinwad bridge to the other world, occasioned by an excess of sin over good works (see Dd. 21.5-7).


Ar'jistan section (25).

1. The second section is the Ar'jistan ('value code'), particulars about the value of small consumption of animate, and also that of inanimate, property; with the desirability of information thereon, each separately. 2. The value of not destroying a righteous man even for a decree and justice, and of atonement for injuring the existence [1] of the fire of Warharan [2].


NOTES:

1. See Chap. 19.1.

2. The sacred Warharan fire.


Arateshtaristan section (26).

1. The third section is the Arateshtaristan ('warrior code'), particulars about the worthiness of destroying a wolf; and, among wolves, the greater need of destroying (zanishntarîh) those with two legs than those with four legs.

2. About selecting the daily supplies of warriors, the beasts of burden, clothing, and equipment of warriors, and other appurtenances (avârîgânakîh) which are to be given to them; also selecting a horse and accouterments (zênô-afzâr) for each one. 3. About having a man's horse trained before one sends him to smite enemies. 4. About the efficacy of the resources and care of a warrior in the destruction which enemies occasion; also the army and the slaughter of war. 5. About the sin of the village and abode of the warriors on the occurrence of a battle, and what is the retribution for wounds and damage; what is that which is disfiguring (apîrâyak) therein, and what is that which is worthy of death therein.

6. About the characteristics of the wearing of armor (zênâvandîh) and not wearing of armor by warriors. 7. About the rank of the general (sipâh-padô), and other officers (padân) over the troops, as to daily supplies, pay, and dignity; also their subordinates (azhîrag), and the number of troopers (gûrd) to each one of the officers. 8. About the anxieties of a trooper for the protection of person and family. 9. About the number of troopers when the king of kings goes to battle. 10. About the proportion of daily provision for two warriors, the meat and milk and bread thereof, which are for the sake of providing guidance and causing contests of the warriors in that good eating; also the reason of certifying (gôvâîk) its distribution and weighing, the beast of burden of the original village (bûn kôkîh) [1], and its means of being sent unto the troops. 11. About cutting the herbs for the veterinary surgeon (stôr bezhashkô), the store of accouterments, and other things which are necessary with an army. 12. About the feeding of warriors on the day of battle, the meat and whatsoever are their eatables; even so the food of the horses.

13. About the wealth which foreigners bring away, and this which is declared thereof, that is, 'I, too, am assisting even the wolf.' 14. About the display of esteem by warriors together, the union of friendship one with the other, obedient unto their commander of the troops, and mindfully resigning themselves to death, there being seen a spiritual reward, without doubt, in the future existence.

15. About the choice of a commander over the troops;. also as to his coming and understanding the habits of his troops, each separately, through the capability of skill which is theirs. 16. About estimating the strength and resources of the troops, with those of their enemies; that is, how the battle is to be engaged in, or how the case is when it is to be avoided. 7. About the provision of anything requisite [2] which warriors shall leave for safety when there is danger in the neighborhood from a distant stronghold, or danger to a neighboring stronghold from afar. 18. About the case where, when it is necessary to engage in battle, the horse of a warrior has not arrived, and it is allowable to seize upon several horses from a herd of horses. 19. About the watchful sentinel (nigâhakô pâspânô), and of what kind is the information from which this is manifest, to the army and commander of the troops, that the enemy is well dead, or fled.

20. About a demonstration whereby they produce terror and apprehension in the enemy. 21. About an altercation of the commander of the troops with foreigners before a battle; altercation also through an envoy, and calling them into subjection to the king of kings and the religion of the sacred beings [[Yazads]]. 22. About admonition to the troops, and declaring the share and arrangement of special duty of each one in the fight; announcing to the troops the recompense of the active, telling and informing the troops of the reason of being worthy of death, of the worthiness of destroying foreigners, of the command of the sacred beings as to their destruction when they shall not accept the Iranian nationality (Aîrîh), and the equally great reward and recompense for their destruction announced by revelation, the legal code (dâdistânîkîh) of Iran.

23. About not uttering words of irritation on the day of battle, and not mentioning, among the troops, any intelligence which gives the troops apprehension, but only that which is agreeable and pleasing, through giving heartiness and increasing the strength. 24. About the sacred ceremonial on the day of battle and evil deeds of war; -- a twig of the sacred twigs [[barsom]] of that ceremonial, and the Avesta as regards fighting, being the first arrow well delivered into the mark shot at; -- the consecration of the water which is nearest to the place of battle, even by bringing holy water; and the sequence of the fight, that is, with which arms and appliances it is first to be fought, and successively unto those which are the last.

25. About the proportion of those who keep the arms (zâê) for the combatants, and, after a victory over foreigners, are taking away the hostages and captives, out of the foreigners, from the combatants; also their return from them. 26. At what degree of distance from them they have to carry the arms and appliances and the restoratives for the unfatigued and the fatigued; and, the accouterments being deposited, a warm bath prepared, and relaxation of the body effected, the reward of merit is given. 27. One has to search offenders, to bring restoratives for the unfatigued and the fatigued, to deliver the accouterments back to the arsenal (ganjô), to allot the share of the hostage brought back to his own people, and also much else on the same subject.


NOTES:

[1] Whence the supplies come.

[2] Or 'of value;' khvâstakô having both meanings.


Fourth section: miscellaneous (27).

1. The fourth section is miscellaneous: about a warm bath being in a house of what kind, the position of security of the fireplace, the watchfulness to be upheld there, and whatever is on the same subject. 2. About the strength that a horse has to exert for the sake of the earth, and that which is to be exerted in that mode for the sake of fire. 3. About food and other matters which may be prepared with fire, and the security of the fire in like manner. 4. About fire which, even on the road, is free from throwing away, bodily refuse [1] and dead matter [2], and from the injury and harm owing thereto; the various safeguards of fire from being given to an infidel (ag-dênô) or a child; the distance of the fire from a rivulet [3]; the penalty for throwing it away, or other sin as regards it; and the proportion of nourishment and preparation for the fire in summer, and also in winter.

5. About picketing (barâ nishâstanô) a horse, that is, how it is justifiable when it is in water and dust, how it is so when really in very distressing bodily refuse, and how it is so when even in bodily refuse that is tolerable. 6. About the proportion of nourishment for mankind, fire, and cattle. 7. About receiving a guest, the praise of liberality, and the grandeur of the liberal, the contempt for stinginess, and the want of the wanderer.

8. About the mode of wearing garments in a dwelling of Mazda-worshippers, even so far as a bandage of four rags for protection [4]; the care of them each separately, the wages of the makers and ornamenters of each one, and whatever is on the same subject. 9. About having procured a street-keeper (kûgpânô) for the Mazda-worshippers, the business of the street-keeper thereof, and whatever is on the same subject.

10. About preparing in the summer a store for the winter. 11. About reaping a field of corn, the Avesta [5] for the first reaping, and having consecrated the first sheaf with the dedication (shnûman) to Ohrmazd the lord. 12. About the union of those of the good religion together, both in removing want and in union even with infidels in that which is not detrimental to the religion, and whatever is on the same subject. 13. About duty as regards the produce of plants and animals; first, suitable eating; and secondly, moderate eating and avoidance of profusion.

14. About possessions which belong to the nobles, and those which belong to the multitude; in what manner that which belongs to the multitude has to come into the possession of the nobles; and whatever is on the same subject. 15. About the enviousness (zigûrîh) of the beast of burden, ox, and sheep, and also of people; that is, in how many of the multitudes, each separately, it is produced; and whatever is on the same subject. 16. And also much other adjudication and information on similar intelligence.

17. Perfect is the excellence of righteousness.


NOTES:

[1] See Chap. 19.3.

[2] Any solid portion of a corpse, or carcass, of a human being, dog, or other animal.

[3] Which might extinguish it and, thereby, render the person who had charge of the fire grievously sinful.

[4] Reading vad-ich vand-i-î 4 lôtô-î pânakîh, and taking lôtô as equivalent to Pers. latah. We might suppose that the phrase meant 'a belt of the four strings (rûdô) of protection,' but the number would not correspond to the three times the sacred thread-girdle [[kusti]] passes round the waist, nor would the material of rûdô 'catgut,' be appropriate for the girdle.

[5] The scriptural formula to be recited in its original language.

17. Husparum Nask (legal)

Aerpatistan: 'priest code' (28).

1. One section of the first thirty of the Husparum [1] is the Aerpatistan [2] ('priest code'), particulars about a case where one has to provide for a priestly assembly (aerpatistan), which is a birth; how the case is when it is important to go, how it is when one stays at his own house, and how it is when it is not allowable to go; also deciding about the chief priest (aerpatô), and the proportion of priests (âsrûkô) who are superior, of those who are intermediate, and of those who are inferior in the estimation of the wisdom of the righteous. 2. About the priest whom one is sending, and the wayfaring garments and appliances which are to be given to him.

3. About the disciple, as reverent towards the chief priest; the labor in receiving the sacred words and teaching them to the disciple; the advice of the chief priest to the priests; and the muttered phrases at the time of contamination by dead matter. 4. About what priest -- on the arrival of a priest back at the district from which one sends him -- is to be appointed, as priest for the district from which he came, by the district governor and those of the district, for teaching and instruction in the district.

5. About which are those reckoned as the five dispositions [3] of a priest that are the glorification of the priest's statements of the law, from the first of his statements in succession unto the last, and what-ever is on the same subject.

6. About the subjects regarding which a priest of concealed parentage is to be asked, with the prelude and sequel of the same subject. 7. About the bridge penalty [4] of a priest through sinfulness, in a separate fargard [5]. 8. About a priest they may carry away from a district, owing to anxiety for forming a priestly assembly, who becomes worried in forming it.

9. About the superiority of priests in means of knowledge, one as regards another; the extent of superiority through which the greater suitability for authority, of one as regards another [6], arises; and whatever is on the same subject.


NOTES:

[1] Corresponding to the seventeenth word, â, in the Ahunwar, according to B. P. Riv.; and it is the seventeenth Nask in an Rivayats. This name should probably be Avisp-kharam, meaning 'free from all defect;' but it is called Hûspârâm, Aspâram, or Aspârûm in the Rivayats, which also state that it contained sixty-four, or sixty, kardah or subdivisions. The former number agrees with the total of the sections mentioned in Chap. 28, 32, 36.

[2] A considerable portion of this section is still extant, combined with a larger portion of the next section the Nirangistan, whose name is applied to the whole text.

[3] See Bd. 19.36 n.

[4] See chap. 20.63.

[5] See Chap. 1.20.

[6] Reading sajâktarîh-i aêvakô min tanê pavan patîh, but there are only faint traces of the third, fourth, and fifth words, as the decayed folio of the manuscript has been patched, and the repairer forgot to record the missing words at the time he did missing work. His marginal note refers to a defect in the next line of the manuscript.


Nirangistan: 'ritual code' (29).

1. One section is the Nirangistân ('ritual code'), particulars about the ritual of the ceremonial of the sacred beings, that which is important and goes to the bridge of judgment [1] the exceeding meritoriousness owing to an ample number of Raspis [2] in the ceremonial; and, as to the Avesta, the Zot and Raspi are both for various phrases, those which are for the speaking of the one are for the hearing of the other. 2. About the sacred cake [3], and whatever is on the same subject. 3. About abstaining from the drinking of wines at the same time as the ceremonial. 4. About the quality (sâmân) of the voice in reciting the Avesta in a ceremonial, and the Avesta which is twice recited and thrice or four times recited. 5. About the ceremonial, and the conducting of that ceremonial whose zot, or raspi, is a tanapuhr sinner [4]. 6. About the zot duty of a woman [5] or child. 7. About a decision as regards him who is cursed by the Mazda-worshipping religion.

8. About the sin of him who does not solemnize a season-festival [6], and how the case is when it is solemnized by him. 9. About the limits of the five periods [[gahs]] [7] of the day and night, and the ceremonies of the same periods. 10. About the kinds of peculiarity of the things for the season-festivals and other good works produced authorizedly.

11. About the quantity of holy-water which is due to one sheep [8], the inspection and consideration in providing the sheep, the freedom from sickness due to contamination and other defects even in a lawful place, and the exemption from the appliances and attacks of noxious creatures; the ritual for making it [9], and deciding about the maker, producer, and carrier. the taster and the giver to him. 12. The reason of the slaughter, and whatever is on the same subject.

13. About the position and duty of the zot and raspis in the ceremonial. 14. About the perfect ceremonial, the gift to a righteous man who has become a teacher and examiner of the wisdom of the righteous, and whatever is on the same subjects.

15. About the sacred shirt [[sudre]] and thread-girdle [[kusti]], that is, from what it is proper to make them, and whatever is on the same subjects. 16. About gathering and tying the sacred twigs, and on the same subject. 17. About the proportion of firewood in various parts of the ceremonial, and the mode of bringing it forward; that for the household fire, and the priestly fire of Bahiram (Warharan).

18. About a ceremonial amid great opulence, that which is amid medium opulence, that which is amid little opulence, and a decision as regards want of opulence. 19. About always celebrating the ceremonies of the sacred beings for that which has occurred, and not neglecting them in any way. 20. About the cases where mankind observantly, and also unobservantly, celebrate the ceremonies of the sacred beings; that is, which is he who observantly and he who unobservantly does so; with advice about observantly celebrating the ceremonies of the sacred beings.

21. About the cleanliness of the body and clothing of the celebrator of the ceremony, the assurance of his mind from sin, the ablution of the apparatus of the place of the exalted (vulandânîh), the cleanliness of the place of the ceremonial) the distance therefrom for any degree of manifest pollution and stench, and whatever is on the same subject.

22. About the ceremonial of the waters and their creatures, the vigor [10] of healthfulness, the possession of the brilliancy of heaven, the bountifulness of the spirit of the waters, and whatever is on the same subject. 23. About the celebration of a ceremonial, which is an ordinance of duties for the sake of a happy state of gladness (khûp parkânîh) and happy consequences; and also many other statements on the same subject. 24. About the ceremonial as proper and improper, beneficial and not beneficial.

25. About the families of Zartosht, Hvov [11], and Vishtasp, as regards the account (aûshmûrishnô) and ceremonial of the religion and their nature.


NOTES:

[1] The Chinwad bridge, at which the departed soul is believed to give a full account of its actions during life (see Chap. 14.8).

[2] See Chap. 7.5.

[3] The dron, or sacred cake, is a small pancake which is consecrated in the ceremonies, and dedicated to some particular spirit by means of a shnuman, or propitiatory dedication (see Sls. 3.32). It is tasted by the priests and by the participators in certain ceremonies (see Haug's Essays, pp. 396, 404, 408).

[4] See Chap. 20.65.

[5] See Sls 10.35.

[6] See Chap. 7.1.

[7] The periods, or watches, are from dawn till noon, noon till 3 P.M., 3 P.M. till dusk, dusk till midnight, and midnight till dawn.

[8] When slaughtered to provide the necessary meat-offerings (See Sls. 11.4-6).

[9] The holy-water apparently.

[10] Or it may be 'holy-water.'

[11] An ancestor of several persons mentioned in the Avesta, including the two brothers, Jamasp the prime minister of king Vishtasp, and Frashostar the father-in-law of Zartosht.


Goharikistan: 'quality code' (30).

1. One section is the Gôharîkistân ('quality code'), particulars about natural superiority; not the modified (gashtakô), but the lawful, approved [1], and specific state of superiority; not acquired by the slender power [2] of the world, but by seeking virtuous living through causing the prosperity of every person; also the authorization of superiority, and the proportion of advantage therein. 2. About a superiority unimpoverished (anyûrûzd), with one unimpoverished with a nature unspent (an-aûrûzd), with one unspent with an impoverished (nyûrûzd), and one impoverished with an impoverished; also the extent of impoverishment and non-impoverishment, that is, with whom it is not customarily of much consequence (pavan freh-ar'jô), with whom it is so customarily, and with whom, owing to an exception, it is not customarily of much consequence on account of its much consequence for an uninformed person, that is, with whom it is as it were proper with a servant of sin. 3. And superiority is a furtherance of living beings, and pervades the natural extent thereof.

4. About him who would sell property not his own, and him who would buy it. 5. About selling a sheep frequenting the house, and one not frequenting the house. 6. About various precautions as to samples of various things. 7. About selling beasts of burden, cattle, slaves, servants, and other property, of the nature of whose species one is aware through speaking about the nature of different species ; and the retribution for the sin of whatever is on the same subject. 8. That which is an obvious agreement for selling with defects [3], when it is declared of beasts of burden; and that which is ever defective on selling.

9. About a house in which a person, or dog, has passed away through contagious sickness, and the clothing which the man wore owing to that sickness; that is, how it is when spoiled for selling for three years, how it is when it is so for two years, and how it is when it is so for one year. 10. About a house in which a person, or dog, has reposed in a contagious sickness, and not passed away after his descent therefrom; and the clothing which the man wore in that sickness; that is, how it is when spoiled for selling for two years, how it is when it is so for one year, and how it is when it is so for thirty nights; and whatever is on the same subject.

11. About forming a family (gôharîk kardanô) with foreigners, that is, how it is when allowable. 12. About a sheep of good breed for the three nights [4], and its slaughter after the three nights; likewise many other decisions as regards superiority and sheep of a good breed.


NOTES:

[1] Assuming that pashandak stands for pasandak; otherwise, we may read pishonîk, 'provided.'

[2] Reading tang-kayîh, but it may be tund-karîh, 'the severe labor.'

[3] That is, without a warranty.

[4] The three nights after death; the sheep is to be slaughtered on the fourth day, including the day of death (see Sls. 17.2-5).


Fourth section: miscellaneous (31).

1. A miscellaneous section is about taking anything which is not one's own at the lime when he does not think that they see him and they do see him, at the time when he thinks that they see him and they do not see him, and at the time when he thinks that they see him and they do see him. 2. About giving righteous instruction, that is, what happens, and how, at the time when the follower [1] asks again. 3. About the sin of imprisoning the needy, exalting falsehood, and approving deceit.

4. About the action and command which diminish, or alter, a liberal gift to any one. 5. About the limit of the open-handedness of a wife who should be privileged, and who is reverent towards her husband, out of anything that has not reached the husband; how it is when the husband is foolish, how it is when it is legally, how when derived from what is legally property, and how about that which is unspent savings (anyûrûzd chabun); also the limit of the reverence of a wife for a husband, and whatever is the same subject.

6. About causing the conveyance of a maiden from the house of her fathers, or guardians, to the village of her husband, to hold the position of house-mistress of the husband; of the wife when she becomes reverent and propitiatory towards him, and admonishing her when she speaks thus: 'I am thy wife, but I will not perform a wife's duties for thee;' also the quarreling of a husband with his wife, and carrying it on to the bridge of judgment.

7. About the blood on a woman who wants washing, and the bridge penalty upon him who has sexual intercourse with a woman who wants washing, with her who is a foreigner, or any other of those not authorizedly for intercourse; the confusion of germs by the woman who grants intercourse to foreigners, and other sin which they may commit about like matters. 8. About a wife claimed from foreigners; that is, how it is when allowable,

9. About the preparation of a wife for the control of a son, the period for it and for suckling, and the wish for a son which is present with a husband. 10. About the sin of a man owing to rejecting the controlling of his son by a sister or grown-up daughter. 11. About three things through which mankind become sinful and injuring their own property, and the possession of them is not to be taken away. 12. About those who may not inflict lawful chastisement with oppressive demeanor.

13. About that which a man is to be made to provide in feasting and gifts, for his store of good works, on his wife bringing forth. 14. How it is when he is a man of wisdom, and how it is when he is a disciple; how it is when it is a male birth, and how it is when it is a female. 15. The advantage and benefit therefrom; the religious announcement of a name for the newborn, should it be a male, or should it be a female; the good work owing to the decision of a religious appointment of a name for the progeny, [and the sin] [2] owing to giving again to it a name of the idolaters (dêvîyastân).

16. About the ritual and usage in admitting the male to a sheep, owing to which the male is a gratifier of the impregnated female nature, and a protection of the female nature; and the want of training and freedom from defect of the progeny; a proper condition of the flock, too, arises likewise through worshipping the sacred beings and providing the sacred feast; also about the shepherd's dog and the blessing for him. 17. About the regard of the shepherd for the breeding of the sheep. 18. About the work of the ceremonial and of providing the sacred feast, and the advantage for the sheep from the same cause. 19. About the Mazda-worshipping district-breeding of the does in a district, through providing careful nurture for the dogs, which is a good work owing to the same cause.

20. About the object of payment for teaching the Zot duty, for the guardianship of the fire, for the publication and watching of worship, and for other labor, and whatever is on the same subject.

21. About the lawful guardianship of a child, the child who is lamp-light and the father who is the fire, and whatever is on the same subject. 22. bout sickness owing to the look of an evil eye, or the vicinity of a menstruous woman, because those with an evil eye, or menstruous, are thereby harmful. 23.. About what is the kind of watching for the admitters of fear; the fearful and whatever is on the same subject. 24. And that in case of descending from a house on the outside.

25. About lawful arrangements for supplies, in union and assistance one towards the other; about payment for the labor in the lawful arrangement; and whatever is on the same subject. 26. About the produce of property for the multitude, and that also for one's own association; that is, how it is when taking it authorizedly, and how it is when not doing so; and whatever is on the same subject.

27. The special generosity of judges in conveying property back to its owners; the advantage from just judges, and the harm from unjust sentencing and false decisions. 28. So, also, the advantage from truly demanding, truly answering, and assisting the just; the enmity and harm from falsely demanding, falsely investigating, and assisting a false demander and false investigation; but not the enmity and secret harm of a complaint of the wretched. 29. Advice to judges about just decision and abstinence from false decision; and, secondly, the reward of their just decision, and the awful bridge judgment of false decision; the accountability in the spiritual existence in the case of judges, the praise of truth are contempt of falsity, the gratification of the sacred beings and vexation of the demons from just judgment and turning away from false decision, and whatever is on the same subject.

30. About what place the appointment by Ohrmazd in the original creation brought the corn to [3], which arrived for use in the nourishment and assistance of mankind and animals; the sowing of corn from the bodies of Mashye and Mashyane [4]; and whatever is on the same subject. 31.. About the labor in sowing and cultivating corn, and whatever is in the business of agriculturists; perseverance in agriculture, and the limit of its allotment, owing to suitable participation and inevitable participation in agriculture; whatever is about the shepherd and whatever is about the agriculturist, and the adjudication between them. 32. About the corn which is sown, that which is reaped, that which is for an increase (pavan nad-aê), and that which is for other things.

33. About the excitement of anyone, owing to his blood. 34. About those kinds of ownership of land and other things that are best. 35. About him who sees some one conducting water for cultivation, when the person unauthorizedly sows the land of the observer who does not dispute about it with fearlessness and effectual resistance. 36. About the selling of supplies granted, which may be done in hunger, nakedness, and fear; and whatever is on the same subject.

37. About the supremacy of sin, both that which arises on the spot, and that at a distance (pavan hasar); and whatever is on the same subject. 38. About the atonability of every sin, and the bridge judgment for destroying a righteous man, for witchcraft, and for carrying evil (agîh) to fire and water. 39. About atonement for the sin of Yat, Bazai, Khor, Aredush, Avoirisht, Agerept [5], and giving no food, through giving of scars (pisanj-das) [6], labor, and punishment; the kinds of horsewhip and scourge, and how the penitential effect of both arises. 40. When a sinner dies outright on account of the penalty of giving of scars, or the performance of the labor, or the exertion of effecting the penance of punishment, and when a man has died penitent, but incapable of a desire [7] for the retribution of sin, and has not atoned in the worldly existence, what the nature of his soul's helplessness is, owing to sin. 41. About those for whom there is no retribution for sin.

42. About what is the kind of contest of a poor man, plundered of his property; first, as regards the oppressor who was the plunderer. and, afterwards, having petitioned for criminal proceedings, through the judges, as regards his oppressor, until their repayment of the property. 43. About being delivered into distress and disaster [8], and the decision thereon. 44. About the oppressiveness of the much pollution of greediness (âzô) which is owing to all its fiendishness, and the arrangement of the creator about it for restraining the same fiend [9] from destroying the whole worldly creation. 45. About the great judiciousness of a man in want of power being good, for preserving his own life and making it nurturable.


NOTES:

[1] See Chap. 22.6 n.

[2] Here, again, the repairer of the manuscript has forgotten to note the words in brackets which he had cut out of the folio before patching it.

[3] According to Bd. 10.1, 14.1, 27.2, fifty-five species of grain sprang up originally where the primeval ox passed away; a statement which does not agree with that hinted at in this section.

[4] See Chap. 13.1.

[5] These six names are applied to the various grades of assault and wounding, for which a special scale of punishment is appointed (see Sls. 1.1, 2, 11.1, 2, 16.1, 5). Here the list begins at the most heinous end of the scale, and the last three names, which refer to the lightest offenses, have been already explained in Chaps. 19.1 n, 20.64 n. The first three names are explained in Farh. Oim, pp. 36, l. 7-37, l. 2, as follows: ' For whatever reaches the source of life the name is Khor; one explains Bazai as "smiting," and Yat as "going to," though it be possible for the soul of man to be withstanding; and a counterstroke is the penalty for a Yat when it has been so much away from the abode or life.' These six gradations of crime, therefore, range from the infliction of the nearest possible approximation to a fatal wound, down to the merely constructive assault of seizing a weapon. All authorities agree in estimating the relative heinousness of the first four crimes by the following numbers: 180, 90, 60, and 30; but regarding the amounts for the two lighter offenses there is much difference of statement. In the old law of the Vendidad there are seven gradations of such crime, the lowest four corresponding in name with the lowest four here, and all punishable by lashes, with a horsewhip, or scourge, varying from five to two hundred in number, according to the heinousness of the offense and the number of times it has been committed.

[6] By scourging, as prescribed in the Vendidad.

[7] Owing to sickness, or any other disabling cause.

[8] Paz. vôighn.

[9] The fiend of greediness, Az.


Fifth section: ordeal (32).

1. One section of the 'next twenty contains particulars about the rite of an ordeal accomplished, also the modes of one's preservation or incrimination therein, and whatever is on the same subject.


Sixth section: mad animals and their care (33).

1. One section is about the mode and object of confinement as regards a beast of burden, sheep, and dog that are mad (dêvânakô), and the operation of the affliction (vakhsishnô); also to what extent is their restoration; and when not restored, but come for slaughter, the care of them even in confinement, and whatever is on the same subject. 2. About the harm (vinâs) which the beast of burden, sheep, and dog shall commit. 3. About the sin which killed one who is no offender [1]. 4. About the care and remedy for a sick dog, and whatever is on the same subject.


NOTES:

[1] Whether the sick animal, or a man attacked by it, is uncertain.


Seventh section: miscellaneous (34).

1. One section is miscellaneous: about the object of amassing property lawfully produced, or derived from (frôdô mm) what is legally property; the production authorizedly of what is derived from that which is legally property, and the production unauthorizedly of that which is legally property thereby become one, at first, as regards the very virtuous or vicious legal proceedings therein.

2. About the lawful time for giving up a maiden to her husband, the completion of her possessions, and whatever is on the same subject. 3. About the impoverishment owing to the completion of the possessions given, and whatever is on the same subject. 4. About a father who has sons, and for which of them a wife is to be earlier sought. 5. Also about which of his daughters is to be given away to a husband, and whatever is on the same subject.

6. About the progressive meritoriousness of a righteous gift for a woman, and the grievous sinfulness owing to its being dissipated. 7. About wealth through a righteous gift. the announcement of its manifest acceptance, and the acknowledgment of its acceptance in words, as a completed act that is so far exhausted.

8. About a foreigner when an Iranian asks him for a reward for assistance in battle with his fellow-tribesmen, and the foreigner does not become generous, though the recompense is for the generosity of the Iranians.

9. About the offering up (madam dahishnô) of water; that which is an appointed indicator (numûdâr), and that which is no indicator; that which is an indicator of complete presentation, and that of partial presentation; that water which is continually producing the offering up (ûzhdahînâk), in like manner, of something of the things of a righteous gift, through the moistened peculiarity and distinction of an offering-producing gift of a male from that of a female; and that which is an indicator both male and female, and a voice producing offerings, is animate, or inanimate, or derived from the inanimate; that which is an indicator is a germ (tôkhmakô-1), that which is in a germ is of one species, that which is in a species is of one form, and the proportion that is appointed is completed, though the purpose for which it is appointed has not arisen; and whatever is on the same subject.

10. About the five best and five worst actions, the seven [2] heinous sins, and the three sins that are very ill-atoned for. 11. About the sin of staining with bodily refuse, injuring the existence [3], and of a death-producing formation as to clothing. 12. About the sin owing to idleness when, moreover, that which they might do is good. 13. About a decision as to the justifiability of clothing, arms, equipments, and other things being given to foreigners, besides promoting their service and business, and giving them any assistance whatever, or listening to that which relates to assistance; likewise listening to drunkards. 14. About unlawfully destroying and cutting plants, truth a decision about it.

15. About the sin of digging a grave [4] for burying a corpse, whether of the idolaters (dêvîyastân) or non-idolaters, and of supplying clothing for the corpse of a dead one of the idolaters. 16. About him who threw bodily refuse [5] on to fire or water, or any place or garment on which it is not authorizedly cast, to make Mazda-worshippers polluted; and whatever is on the same subject.

17. An account of water as regards the description and extent of moisture of the land. 18. About the sin owing to rendering anything useless through water or fire. 19. About carrying off two-thirds of the misery from the world, by eradicating it from the creatures through all the illumination of fires; and carrying off all adversity from the period of the creatures, through the freedom from malice of mankind, one as regards the other, and through their perfect sympathy together.


NOTES:

[1] The Pahl. text is pavan mamanîh va-kadâmîh-i namîdô. Possibly namîdô, 'moistened,' may stand for numûdô, 'indicated;' but the whole sentence is more or less obscure.

[2] Written 4 + 2 (= six) in the MS., but this is a most unusual way of writing 'six'; it is more probable that we ought to read 4 + 3, the usual mode of writing 'seven.' 'Seven evil-doers of sin of a heinous kind' are detailed in Dd. 72.2-9.

[3] Pahl. bâîôdôk-zêdô, see Chap. 19.1 n.

[4] Assuming that gôbar khechîrûntanô stands for gôbar (Pers. gôr) khefrûntanô.

[5] See Chap. 19.3.


Eighth section: sex (35).

1. One section contains particulars about the science (dânishnô) of seeking a son, advice about it from revelation (dênô), the advantage of offspring for the admonitory explanation of revelation within one's self, and the harm owing to neglecting the advice of the same.

2. About what happens in the begetting of a son; the first sexual excitement it should produce for the female, the second, third, fourth, and fifth; the arising of a son in the world, and also the milk, owing to her impregnation. 3. And, when it is so that it amounts to a son, which of the two, male or female, is sooner emitting the germs at the time of occurrence; and how and how long both have remained, at the time, in semination, how long in connection, and how long in bleeding. 4. When and wherefrom various expectations are produced to contend about, and when and by what signs the male sex, or female sex, of the offspring has become manifest.

5. When the localization [1] regarding it is arranged; and, as to the members, which is the first member therein, and their being produced, each consecutively, till the bodily form is complete; which, and in what position, is the localization of the members after the complete production of the form of the body, and the purpose as regards the position and localization of the members after the complete production of the form of the body. 6. The effect upon the offspring which is furnished with subjection to the male, so far as the complete effecting of it is within the limit for its authorization [2]; the time (vidanâânag [3]) of the offspring with the female, the period of its turning downwards for birth, and the occurrence of birth at the same time.

7. About the growth of life, too, with the bodily organs (tanûgân); and which is the first bone become possessed of marrow, apart from the other bones; as it is reported. 8. About the admissibility of the elaboration of the male sex, or female sex, within it, by the guardian spirit of the righteous, at the fifth month; and the ceremony for the guardian spirit of the righteous for the sake of the arrival of a male child.

9. About the act of childbirth by a pregnant woman before recourse to midwifery (dâigânîh), except that relating to the navel string of the child; also its first and second food, and when the midwifery is that of her mother; what is the kind of milk, and the care of the child at the time, its bandaging, sleeping, nourishment, and protection; and the sin owing to acting unlawfully in such matters. 10. About how many months is the bearing of the offspring in the womb of the camel, horse, ass, cow, and woman; and whatever is on the same subject. 11. About the spiritual perception of a newborn child, and its coming into the boundaries of worldly comprehension on the same subjects.

12. About the habits through which multitudes of mankind attain to the acme of beautiful form: that of desire for women, that of swiftness which is owing to the strength of the leg, and that of powerfulness which is owing to the vigor of the body, that of desire for wealth, that of speaking in an assembly, and that of speaking at a distance, that through which any one uncontrolled comes to a downfall, that through which there is more knowledge of obedience, and that through which a counteraction of the affliction of the race arises.

13. About the vicious desire of the performer and permitter of unnatural intercourse; also their violent lustfulness, heinous practice, and corrupt, polluted bodies, blighted in destiny; great through their destruction of life in the things which they see, and every greatness inevitably provides them a merited death; as great in sinfulness as Az-i Dahâk [4] [[Zohak]] in oppression, as the serpent Srôbar [5] in witchcraft, as Tur-i Bradrok-resh [6], the karb [7], in destroying the righteous, and as a deceiving apostate in falsehood. 14. About the grievous sinfulness of a woman, just delivered and giving milk, whose progeny is the offspring from intercourse with divers males, and whatever is on the same subject.

15. About the increasing vigor of the female from the mounting of the male, and the diminished vigor of the male from mounting on to the female.


NOTES:

[1] Assuming that gêsî-hastanô stands for gâsî-hastanô in all three occurrences of the word. This is rather doubtful, because the noun gâs, 'position,' occurs twice in close connection with the uncertain word, and is correctly spelt.

[2] The Pahl. text is as follows: 'Kâr-î madam zâkô levatman dên kushn spar, vad spôr kârîh zyash dên sâmân padash radakîh.'

[3] This unusual hybrid word is evidently intended as a Zvârish equivalent of the Iranian zamânah, and is composed of vidanâ (= Ch. ..., which is the usual Zvârish for zamân) + ânag (= ânah, the final syllables of zamânah). The central syllable of zamânah is, therefore, twice represented in the Zvârish vidanâânag. The hybrid occurs again, in Bk. 9, Chap. 17.3, in a phrase where it can only mean 'time, period.' If it were not for this after-occurrence, the word here might be read va-dô-ahûg, 'and the dual existence,' with some degree of probability.

[4] See Chap. 13.8 n, and compare the account of the seven special evil-doers in Dd. 72.3-9.

[5] The Av. azi syvara of Y. 9.11 (W), Yt. 19.40; a terrible serpent slain by Kersasp the Saman, as mentioned again in Bk. 9, Chap. 15.2.

[6] Also written Brâdrôk-rêsh; he was one of the Turanian priesthood who persecuted Zartosht in his youth, and probably the same as Pers. Bartarush (the Bradar-vakhsh of Sd. 9.5) who is said to have killed Zartosht in the end. But, as he was one of five brothers, three of whose names were much alike (see Byt. 2.3 n), his identification is rather uncertain.

[7] Av. karapan. In Dk. Book 7 the karbs are often mentioned as enemies of Zartosht, both before and after his birth. Some are named, such as Durasrob, Bradrok-resh, Vaedvoisht, and Jeshmak. The Karap of the district where the mother of Zartosht was born banishes her for witchcraft, and must, therefore, have been the official head of the district. Durasrob, the karb, travels sometimes with a disciple (havisht), so his title was probably a priestly one. The karb is also often mentioned with the Kay, or Kik (Av. kavan or kavi), the title of an equally obnoxious class; both Kiks and karbs being termed 'demon worshippers,' or idolaters; and the Pahlavi translators of the Avesta speak of them, rnetaphorically, as 'blind and deaf' to the sacred beings.


Ninth section: (36).

1. Six [1] fargards of one section of the last fourteen contains particulars about the enumeration of species of ownership, their precedence one over the other, and their good report in conducting legal proceedings. 2. About property that is brought up to the judges, which, owing to an accuser, becomes a source of litigation for a judge. 3. About a decree as to restoring possession, or as to keeping possession, of whatever is among such matters. 4. About property which is, or is brought, out of the possession of a defendant, and property which is extorted from a man by worrying, or by a noticeable crime upon him; with a statement about it.

5. About the earnings (vindishnô) of fellow-combatants and fellow-subordinates, with a statement about them. 6. About the coming of land, property, or anything, held by foreigners, into the princely possession of one from Iran.

7. About the guardianship of a family (dûdakô); likewise the varieties of it, and the fitness of a man for it. 8. About one's own family, and whatever is on the same subject. 9. About the income (vindishnô) of wife and child.

10. About the trouble of the business of obtaining (vindishnô) a wife, and also her marriage, owing to the urgency of the husband, after the trouble. 11. About her guardian and paramour, and whatever is on the same subject 12. About the proportion who have to keep a wife to seek for offspring, and the proportion who have to satisfy menstrual excitement.

13. About adoption; likewise the varieties of it, and fitness for it; the violation of adoption, the sin of the son who is accepted, and whatever is on the same subject. 14. About the partnership of brothers that has existed, is formed, or is designed; its abandonment (a-bûkhtîkîh), the surplus property, the wealth that becomes quite sacrificed (zadakô), and whatever is on the same subject. 15. About property that comes to next of kin through relationship, and that through adoption. 16. About the residue that lapses into ways of righteousness.

17. About where and in whom, after the father, is the prerogative as to a daughter being given away to a husband.


NOTES:

[1] These are called 'five fargards' in Dd. 61.3 which appears to refer to §§ 7, 13. Or it may be 'seven,' if we consider the 'seven' of the next chapter as completing the last fourteen sections of this Nask.


Tenth section: (37).

1. One section of the seven [1] at the end contains particulars about the daily food of a grown-up man, a pregnant woman, her who is childless, and a child, as provided by law; also that of a shepherd's dog, a village dog, and a blood-hound; and the characteristics of these three kinds of dog.

2. About the sign of a person's conversion to the religion. 3. About association of several kinds, and one of them is that of the keepers (padân) with the flocks (ramân), and the flocks in connection with the keepers; and of what kind is the meritoriousness of the keepers of those flocks, as to guardianship of every description; the happy effects of the flock, and those of the keeper, of every description; the advantage from this association, and whatever is on the same subject. 4. One is the association of priestly instructor (radô) and pupil [2], and their meritoriousness together; the fame of the priestly instructor for priestly instruction, and that of the disciple (hâvishtô) for every kind of learning derived from the priestly instructor, and every kind that the priestly instructor imparts to the pupil; and the happy effects of the priestly instructor, of every kind, in similar matters. 5. One is the association of ceremonial priests (rad-pîshakânô), the worthiness of a man for the sacerdotal leadership, supplies for the whole of the ceremonial priests, and whatever is on the same subject. 6. About the highest of all associations [3], and about the lawful and virtuous existence of this same association, when there are two men in a case where he who is opulent is always necessary for him who is in innocence, and has given him the wealth that he asks for; or where, when the one shall commit sin, wealth is an affliction to the other; or the ownership, as to that which the one obtains, is as much even that of the other; or, on the passing away of the one, it is mingled with the wealth of the other; and whatever is on the same subject.

7. About the punishment of the sin of him for whom one lies [4] to him by whom provision is made, by thought or by word, and given to him who is worthy. 8. About a father's making a child aware of the sin at the time of the sin. 9. About the sin of taking the course of a false guide and exalting falsehood, and whatever is on the same subject. 10. The sin of extorting supplies for a beast of burden from a lonely laboring person.

11. About important gifts to the worthy, atonement for deprival of food (atapdâdô-vijârishnîh) [5], and disbursements (aûrûzdân) of that which is legally, and also of that which is derived from what is legally, property among impoverished (nyûrûzd) supplicants. 12. The depriver of food is he who is for early atonement, and they who severally exist, through grazing [6] and bringing forth, are they who severally are also in loss of vitality, through deprival of the food of strength and intellect; even a powerful man is prostrated thereby; the food which is suitable as atonement for deprival of food, and that which is not suitable.

13. About that through which the indispensable creation of a debt arises, and whatever is on the same subject. 14. Where it is the healing of the sick, the spiritual debt is unto the archangel Ardwahisht [7], and that which is worldly unto the physician's anteroom (dâlânakô).

15. About the worthiness of a good physician for every benefit, and the unworthiness of a bad physician for any benefit. 16. About each one of the plants being produced by Ohrmazd for the subjugation of one disease at least. 17. About the protectiveness and preciousness of the profession of medicine; the advantage and reasoning thought of a physician due to the carrying on of his medical practice; the pleasant food, the handsome clothing and the swift steed for a physician; and his wealth being as much as that of an average man in a house, village, community, or province. 18. About the diligently remedial hand of the physician for the sick opportunely mindful yet without chastisement.

19. About the sin of a physician through handling (sûdakîh) and having spread a disease by walking up to the sick because that is when he would have been innocent through not having gone. 20. About a great pestilence (sêjô), and that which is trivial.

21. About the fee [8] of a physician for curing a sick person of disease of the whole body, and of each one of the members; even of him who has cured chieftains, both those of the lower grades and him who is the supreme king of kings, and so also various destitute people. 22. About the mode and extent of delivering up fees to a physician, after the declaration of the sick person being well; that is, from whom comes the physician's fee which is announced for the cure, and also that which is not announced; from whom that only which is announced for it, from whom a meal (pishôn-l), and from whom nothing whatever of worldly reward comes.

23. About the physician whom one hears [9] and asks for medical treatment. 24. About a test as to the competency of a physician; that is, how it is to be made, how it is when it is possible to test it, and how it is when it is not possible to test it. 25. About the sin of a physician who is not tested, and also of him whom it is not possible to test, when he shall undertake the medical treatment of others, and, as regards a limb of any one, there is not anything which is another's test of him, nor even that which is not another's test of him, nor that which is a trial of him.

26. About how long is the duration of having sought a physician in Iran whereafter it is allowable, through not obtaining one, to seek him even from foreigners. 27. The sin of having sought one from foreigners, when one can obtain a physician in Iran. 28. About the fee for a foreign physician, and much else on the same subject. 29. The medical treatment of mankind, and also about the medical treatment of beasts of burden and cattle.

30. About the sin owing to entrusting him who is unfit for a duty. 31. About the greater suitability of a priest than of a disciple for duty and position; a trusty person is also obtaining the important rather than obtaining a desire for the important, and even so far as being a potter rather than an astrologer, and being careful rather than a potter; and the reason of it.

32. About preparing an unauthorized (a-dastôbar) dwelling in the locality of other persons, and whatever is on the same subject. 33. About boundaries where there is a place of residence for people, and whatever is on the same subject. 34. About what description of testimony of one of the good religion is received as evidence regarding an infidel, and of an infidel as regards one of the good religion.

35. About the greatness of eminence of the abode of priestly authorities (radânô), both for procedure and for petitions [10]: the openness of the doors of a priestly authority; the want of eminence of any one through every kind of offense to others, which is owing to his closed doors and evil eminence in every mode; and whatever is on the same subject. 36. About the extent of splendor (lîyânô) and pomp-diffusing (vafsh-afgânô) tokens from the abode of fires, and the arrangement as regards him who casts the allotted twigs and charcoal (khâr akhgar) into them. 37. About conveying prosperity (padîkhûîh) [11] to the abode of fires appropriately to the capability of everyone.

38. About the quality (sâmân) of water oozing out (aîrîdô) and that which is flowing in a channel (nâêv-tâk). 39. About the characteristics of specified works which are contiguous in a place between two frontiers (mar'zô).

40. About a decision as to a sheep free from unlawful influence -- and so also as to one under unlawful influence -- which goes to the pasture of others with thievish intention, neglecting its own; and as to that which does so not with thievish intention. 41. About the quantity which one has to provide, in the duration of a day and night, on admitting to pasture and corn, in the case of an ox without defect (anâgânô); or of another kind, or a horse, or a sheep, or a goat, or a pig, or an animal of any other kind.

42. About the distance of a residence of mankind from a river flowing in a channel. 43. About the period for letting a sheep graze at pleasure in a pasture, and that for restraining it; the time for not cutting trees, and that for little slaughter of sheep. 44. About an article of clothing which is associated with defense, for fear of enemies, and becomes quite a good omen (sukûn) among mankind, being imperceptible and appropriate. 45. About a tree with stem uprooted, where and how it is allowable.

46. About a leader's causing a march of whatever kind, the people being in motion through fear, and they drive the sheep which are with the army on account of molestation; also making the sheep decide as to the pasture near to the road within reach, the pasturing of the first of the species of sheep, and letting them forth to pasture in succession unto the last, and the reason of it.

47. About a person who is of note [12] on account of wealth, and whatever is on the same subject. 48. About this intermixture of with-the-stream and against-the-stream, with banks and without banks, and waters running and down-pouring (nîyâpân), on the road; that is, which of the waters, running or down-pouring, is to be earlier reverenced by him who is returning from the road, and the reason of it. 49. About the subordination of the disciple unto the priest, as to eating, drinking, and plenty, goodness and preciousness; and whatever is on the same subject.

50. About that which occurs when foreigners come to the frontier of Iran, and shall do damage to Iran; and the frontier governors and fellow-champions have to repel the foreigners by fighting, to save the Iranian people and property which were to be made foreign; and whatever is on the same subject.

51. About the advantage of punishing a violent thief by the members of the assembly, that owing to reliance upon the actions and convictions of the ancients, that owing to forming many priestly assemblies, that owing to providing a disciple for a priest, that through passing away after being high-priest, that through doing so without being high-priest, and that of much information on similar statements prior to any other resources.

52. Perfect is the excellence of righteousness.


NOTES:

[1] It is doubtful whether seven sections are meant, or whether we should read 'the seven fargards at the end of one section.' See, however, Chap. 36.1 n.

[2] Pahl. radûnê (Av. ratunaya).

[3] That of disinterested and devoted friendship, as appears from the examples given.

[4] By falsely recommending him as a worthy object of charity.

[5] See Book 17.6 n.

[6] Reading charishnô, but part of the first letter has been cut off by the repairer of the MS. The semi-starvation of cattle is being referred to.

[7] The personification of 'perfect righteousness' (Av. Asha Vahishta) whose special duty is stated to be the care of fire (see Sls. 15.5, 12, 13), and whose name, often written Ardavahisht or Ardvahist in Pahlavi, is applied to the second month and third day of the month in the Parsi year (see Chap. 20.22). He is here connected with the healing of the sick, because of his association with Airyaman, the smiter of diseases (see Vend. 22, Yt. 3, S. 1.3, 2.3).

[8] In Vd. 7.36-44 (W.) we have some of the old Avesta laws regarding medical men and their fees. How far the Avesta text of this section of the Husparum Nask corresponded with that of the Vendidad on the same subject it is impossible to determine, because we have always to recollect that this summary of the contents of the Nasks was compiled from their Pahlavi versions (see Chap. 1.3) which included extensive commentaries, adapting the original Avesta statements to the altered circumstances of Sasanian times.

[9] Or 'satisfies' (shnâyêdô).

[10] These six words should, perhaps, be appended to the next clause of the sentence.

[11] By providing fuel and other necessaries.

[12] Reading mûn sakhûnag. Another guess would be min nîshôn-î (for nîshân-î), in which case the translation would be 'a person free from indications relating to wealth.'

18. Sagadum Nask (legal)

First section (38).

1. One section of the first thirty of the Sagadum [1] contains particulars about reward by command of the religion, the bridge judgment of the destroyers of the well-commanding, and the provision for their destruction. 2. About the importance of a man, after fifteen years of age and when he has heard that there is a law [2] which is good, having sought that law [2] by having inquired about it. 3. About a man's scrutinizing an action before doing it, when he does not know whether it be a sin or a good work, and when it is possible for him to set it aside and not to do it.

4. About advice as to having entered into a house in the night by the light of a fire, or when one has noticed it in this place, though he goes elsewhere; also the watchful destruction of an injured person, or animal, or garment, and the retribution for the injury. 5. about the extent of any glitter of the sparks (zakhsh-1-î parkân), and the width and height of the doors. of the constructed work of that appointed place of the fire.

6. About a newborn child, as to how one has to provide its place, connected lawfully with illumination [3], more particularly for the first three nights. 7. About bringing a fire to drive away the over-powering fiend, and making the child taste first the hom-juice, so far as collected within its precincts (varân), and, secondly, the butter of Maidyozarem [4] which is to be brought forward for it; also the watchfulness of the father and mother over the child, and the extent of their retiring (navistanô) from the two sides of the newborn. 8. About lawfully-made places of several kinds for the child, the limits and manner of the mother's giving milk to the child, and whatever is on the same subject.

9. About carrying forth holy-water, or even a cooking pot, to a fire, where the hands are purified and thoroughly washed; and the sin owing to an unpurified hand, not thoroughly washed, carrying them forth. 10. About the preservation of the cooking-pot, and the rest of one's operations with the fire, from defilement; but when, through want of care, defilement occurs, by the inexperience of any one bringing it to the fire, he who is careless is thereby contaminated, and the cooking-pot is properly placed in its position.

11. Arranging about properly-made bed-places (gâsvârakô) in a house, those for children and those for adults; also a decision about a case when a carpenter (dûrgar) shall make a bed-place properly which one's own judgment considers improperly made, and when both consider it improperly, or when both consider it properly made; and more of whatever is on the same subject.

12. About what is the mode of producing seeing properly; and, when not seeing properly, the oculist (dîdpân) to entrust with it is he who informs people, who wish for it, how to extract the defect of sight; if not, the people go on and hurt, also the penalty for hurting, and whatever is on the same subject.

13. About the insubordination of those accustomed to work (kâr-khûgarân) to women and children; also that of a grown-up man who has been giving no food [5] three times in succession; he, too, it is who advanced the fourth time [6], because, owing to giving no food a fourth time, the man is he who has to accomplish work unrestrictedly; and whatever is on the same subject.

14. About the care of a pointed thing, that is, how it is to be carried to a dwelling in the world, how it is to be deposited, and the sin owing to keeping and depositing it otherwise. 15. And about every garment [7] and utensil, even including such as a scum-pot, an hour-glass, and a dining-tray; that is, how they are to be deposited in the dwelling, and the sin owing to variously [8] placing and taking care of them. 16. About a door which is properly made; how it is when it falls down, and a wound arises from it, the carpenter being innocent regarding it; and how it is when he is guilty.

17. About washing the head, the care of the water and the religious ritual therein, and whatever is on the same subject. 18. About the period for arranging the hair, in which they shave the hair. 19. About the shaving of a child the first time, and the ritual which is taught for it; the performance of shaving by an instructed barber and with a sharp razor, which is the appointed practice as regards the razor of adults, and that also for children with the children's razor, because it is settled healthfulness; his whetstone (shôn), and also the care of the razor. 20. About the number of the positions of a man, in which a barber can perform shaving, and that of the positions of the barber; and whatever is on the same subject.

21. About each one of those who are custodians (kîrûk-kârânô), and the rules of the market; also their abstaining from wounding each other with a pike (têkh), or other implement, with which they shall perform their duty; likewise the sin owing to heedlessness. 22. About giving forth a pointed thing lawfully, and a wound owing to not giving it forth lawfully; lawfully taking and giving away a plate of broken victuals (padkhûr), and a wound owing to doing it unlawfully; and whatever is on the same subject. 23. About the appointed place (dâd-gâh) of a horse-course and its distance from the middle of a town, the nature of the horse-course, the training (farhang) and masters of maneuvers (padân-i farhângânô) when in it, the shooting of arrows on the horse-course, and the wound which occurs to man or animal, how it is when culpable, and how it is when not culpable. 24. About admitting a listener ; where, why, and how he is to be admitted and the guilt or innocence as regards a wound owing to him.

25. About the mode of making a sacred thread-girdle [[kusti]] [9], and the harm from an unusual formation of it. 26. About lawfully tying it. without the culpability (vazhagîh) of unauthorized action; also when they do not tie it lawfully, but the girdling is knotted (viragî-aîtô) and twisted owing to culpability (vazhagânîh); and whatever is on the same subject.

27. About lawfully scratching with the nails, and the harm from unlawfully scratching. 28. About lawfully attending to a fire on the road: and, when one arrives at a ford through water, the sin which arises, as to fire, from not lawfully caring about the fire.

29. About warriors who mingle together in panic (mazangîh) and darkness; injury happens to one from the other, and the statement of the account published is that there was a state of terror; also whatever is on the same subject. 30. About the march of an army which is in fear, and that which is in a state of fearlessness which is the distinction of the army of Iran from those of foreigners. 31. About lawfully and habitually requiring a share, and the harm from unlawfully and unhabitually requiring it.

32. About carrying firewood, brought away from the hills, into the house; depositing it at first by the tongs (dast-pânakô); watching, turning, and inspecting it, and carrying it away to the fire; that is, how to do it lawfully, the sin owing to unlawfully performing it, and whatever is on the same subject. 33. About lawfully warming bull's urine [[gomez]] [10] by the fire, and the sin when it is not lawfully done.

34. About selecting a pasture, one ranked above the others; that is, how to do it lawfully, the sin when one shall do it otherwise, and, owing to that, he is really injured, or occasions injury. 35. About what is the mode of construction of a lawfully-formed farm-house (dasht-kadakô), the dwelling of the people, and the place of the beasts of burden and cattle; also the sin when one shall construct it otherwise, and, owing to that, he is really injured, or occasions injury.

36. A decision about a case when one person has lawfully to force away a beast of burden from a control unlawfully exercised, and another person intrudes unauthorizedly, and vexes the district authorities (pad-dihânân). 37. Also when being done unlawfully, and the beast being away from its control unlawfully exercised, the other person intrudes lawfully; and when both persons act unlawfully, or when both act lawfully. 38 About lawfully tying, whereby things are hung up; and the sin when, through an unlawfully-tied fastening, anything is injured, or occasions injury. 39. About unlawfully keeping horses in a stable (âkhûr), and the sin owing to the unlawfulness. 40. And, as regards the cutting of trees and shrubs, where and how it is lawfully done, and the harm and sin owing to not lawfully cutting. 41. About the mode of washing clothing, and the sin owing to different modes. 42. About the mode of walking in, and the sin owing to unusual walking in. 43. About the custom of a man of the sagacious (dânâkvarân) on passing through water, and the harm and sin owing to acting otherwise.

44. About the kinds of canals (nâî) [11] and fords, from those for two men passing, up to those for many; the dimensions of those which are large, and how much they are each separately sunk into the ground, without collecting water, when the ground is hard, and how much when it is soft. 45. The extent of their outer [12] banks, and the inspection as to the banks when the water is brackish, warm, and flowing; how far when outside of the water, and how far when in the water. 46. When it is brackish, cold, and flowing; or brackish, warm, and stagnant; or sweet, warm, and flowing; how far when in the water, and how far when outside. 47. And, when brackish, cold, and stagnant; or sweet, cold, and flowing; or sweet, warm, and stagnant; how far when in the water, and how far when outside of the water. 48. What is the customary operation as regards the inspection of the banks; how is the stagnation (astintdanô) within a pool dammed up (zarêh-stânô-aê), and the stone-work inside, from the canal which is for ten men passing, up to that for many; and how is the damming up inside of the canal, the stagnation within the pool dammed up, or the reedy jungle (vêshakô) when distributed and it becomes tall.

49. What are the mode and means of maintaining the supervision of a canal; which is that which one should maintain over the water of the canal when half is distributed, or, when not, one-third; and which is that when one-third is distributed, or, when not, one-fourth; a supervision which is animate or inanimate, and after those which are inanimate means are provided [13], the former animate ones are then at rest; and the harm and sin when they shall act otherwise. 50. And, as regards the same, what is the mode of passage of animals of various species, by swimming across the water; and the sin, owing to acting otherwise, when harm occurs. 51. About the trampling down at a ford through water, when one is newly completing it, and when the water is brackish and flowing, when it is brackish and stagnant, when it is sweet and flowing, and when it is sweet and stagnant; the reason of passing through on it, and such and such ways for proceeding at will thereon; so, also, observation as to the water which has remained behind for flowing, and the harm and sin when one does not properly observe it, but walks on.

52. About two of the warriors who meet together on the road, which of them was busy about the protection of his horse, and which about the preparation of food; also the usage and other things in similar matters. 53. The sin of having eaten food for refreshment on the road, that is, how the custom is a sin when they can act otherwise.

54 About the remedies for sheep and beasts of burden which reinfuse fresh life; and the extent of keeping the sheep, goat, cow, mare, ass, pig [14], and woman with the male. 55. About beasts of burden, sheep (anûmâânô), and women, for whom, on account of contraction of orifice, there is a use of means for making it not painful (atûtakô). 56. About the extent of the distance of a male beast from the female when it is necessary to be watchful. 57. About the distance that a man has to remove an ox that has destroyed some concealed hay (barkasag giyah) which is the hay of others, when they quarrel with him; how it is when it is allowable to bring the ox back to his home; and whatever is on the same subject.

58. About the security of a man from the death (aôsh) of his fathers, and danger having arisen for him from a mouth of bad omen. 59. About the sin of a father owing to a child, when, being given by him to an ill-behaved person [15] he calls it and, when it comes, there may occur the sin of unlawfully terrifying sheep, and the beast of burden is beaten; and whatever is on the same subject. 60. About bringing [16] a plant which is a medicinal herb, and whatever is on the same subject.

61. About a sociable feast (ham-myâzdîh) with idolaters, that is, how it is when held authorizedly, and how it is when it is not; and, when one gives the sociable feast, how it is when they are to be considered unhonored, and how it is when they are to be considered more honored even than the Iranians. 62. And about the broken victuals which the idolaters have eaten and drunk therein.

63. About the proportion of meat with the bread in atonement for deprival of food [17]. 64. About an ordeal which is severe, and one which is not severe; and the evidence of acquittal from the achievement thereof. 65. About the secrets of the religion, and the sin owing to their being disposed (gushûftô).

66. About the sin of speaking evil words to the wives of others. 67. About the extent of the most inferior house, village, community, and province; and that of the most superior. 68. And about what was the mode of residence of Frashostar and Jamasp [18] in a plundering (lâîshkar) army, and their habits.


NOTES:

[1] Corresponding to the eighteenth word, yim, in the Ahunwar, according to B. P. Riv.; but it is the nineteenth Nask in other Rivayats. This name, which is here written like Zakî-hat-min, should probably be Zîk-aît-tûm, meaning 'the most intimate concerns,' as the Nask refers chiefly to personal and family law; but it is called Askâram, or Sakadâm, in the Rivayats, which also state that it contained fifty-two kardah, fargards, or vechast; thus agreeing with the total of the sections mentioned in Chaps. 38, 41.

[2] It is possible to read yêdatô, 'sacred being,' instead of dâdô, 'law.'

[3] To protect it from the demons who are supposed to be specially dangerous during the first three nights.

[4] Equivalent to 'mid-spring butter,' the Av. maidhyo-zaremaya, 'mid-verdure,' being the season corresponding to the middle of the second Parsi month, which was early in May when the year commenced at the vernal equinox (see Bd. 25.6, 21).

[5] See Chap. 17.6.

[6] This passage appears to refer to that quoted in Farh. Oim, p. 38, ll. 8, 9; though the latter part of Chap. 41.19 is more applicable to ll. 4-8 of the same page.

[7] Or jâmak may mean 'a cup.'

[8] Reading min gûnagîha.

[9] See Dd. 39.1 n.

[10] Intended for ceremonial purification.

[11] For irrigation.

[12] Reading vîrûnag, but the word is miswritten nîrang-î.

[13] In the shape of sluices for regulating the supply of water for irrigation.

[14] Instead of khar va-khazûrâ, the MS. has khôr va-zak-î ras.

[15] Assuming that minênamakô-l stands for apênamakô-l; the copyist having mistaken ap for az, and substituted the Zvarish equivalent min for the latter which he supposed was a separate word.

[16] Or 'abstracting.'

[17] See Chaps. 17.6, 37.11.

[18] Two brothers who were contemporaries of Zartosht. Frashostar was his father-in-law, and Jamasp was prime minister of king Vishtasp.


Hachidakanistan: code of sequestrations (39).

1. One section is the Hachidakânistân ('code of sequestrations'), particulars about a statement of seized property, the retention thereof, and how was the confinement of that which was animate; how it is when one keeps it in a shepherd's dog's care, and how it is when in the sequestrator's care (hachidakô-dârîh). 2. And when it is a seized horse of the warriors, how to keep it when it is not possible to retain it in confinement of any kind, and the damage which has arisen therefrom; what is the danger to occasion by it, how it is when the shelter (srâyishnô) [1] is on all sides, and how it is when on one side; while the trust, when there is shelter, is in the extent of the shelter, how much and of what kind is the shelter. 3. When it is a seized beast of burden, after its coming into the possession of the sequestrator (hachîdak-dâr), for how long he has to order work for the reasoning thought of the herdsman, and how is that of the sequestrator, in like manner, before he quite attains to his share; even through his own reasoning thought the work is authorizedly ordered, and how and in what manner is the ordering of his work. 4. and when the seized animal has offspring, in what mode he has to milk it, as well as the nourishment of young, and whatever is on the same subject; also the sin owing to doing it unlawfully.

5. About the sequestrator when the beast of burden seized comes into his possession, how it is when its special reputation is altered, and how it is when it comes with utility and advantage for him. 6. About the seizer's keeping a sheep, which is seized, in his flock; that is, how the custom is produced, owing to its milk being for the sacred feast, and the notification of the feasts is owing to the seized [2] sheep; when, too, it is not possible to keep it in the flock, what is the mode of confining it; and when it is not possible to keep it in confinement, what he has to do with it. 7. About the wool of a sheep which is seized; that is, how it is when the shearing, is even before the various times specified, and the sin of shearing when it is before the time specified, or one shears when there is no reason for shearing. 8. About the lambing (gurûshîdô) of the sheep seized, and the sin owing to its not lambing.

9. About sheltering (srudanô) [3] the seized animal in the most public place in a house, village, community, or province. 10. About the sin of the shepherd when, without saving it for the sequestrator, and through the guilelessness of the sequestrator, he shall carry away a female; and the sin which is owing to the offense as regards unlawfully beating and wounding it, before it is seized for the buyers of meat (khûr-kharânô), and other offenses regarding it. 11. About the time appointed, between the shepherd and the sequestrator, for leading and bringing the female, belonging to the sequestrator, to the place for which the time is appointed; in the case when the shepherd arrives and the sequestrator does not, how that which belongs to the sequestrator is to come into the possession of the sequestrator, and when; when it is the sheep or beast of burden of a sequestrator [4], how it is to come into the possession of that sequestrator; when the sheep or beast of burden which is seized dies in the possession of the sequestrator, how and how long he has to shelter (srûdan) the young ones (gurûsh) and wool of the same several sheep; and the sin when he does not shelter them, or does it otherwise.

12. About a sheep [5] which is mingled among the flock of any one that is in sequestration, how it is when the shepherd, and how it is when the shepherd's dog, is its own; and when it is mingled among any flock owing to sequestration, how it is when the shepherd, and how it is when the shepherd's dog, [who is its own] [6] goes to another flock; how it is when the first flock-owner, and how it is when the second, is its own. 13. About the killing of a seized sheep by a shepherd's dog for necessary provisions; that is, how it is allowable, and in what mode it is to be done.

14. About him unto whom the sheep or beast of burden which is seized is delivered when it comes into a district; and the sequestrator's informing the governor of the district, in whose herd the sheep or beast of burden which is seized remains, as to the species, color, and form of it [7]. 15. Watching over a man with sheep, who is in a disabled state of illness owing to a wound received in his duty as regards slaughtering; the case when he is concealed from a passer-by (amat nîhân min vidâr) and there is protection, when he is an eater and there is no protection, when he is not eating and there is protection, and when he is not eating and there is no protection.

16. About the distraction [8] of a sequestrator as regards a sheep or beast of burden which is seized, when it is one out of four varieties [9], and when one out of three; when he nourishes it for half a year, and when for the duration of a year; when that which he obtains is a young one, and when that which he obtains is large, where and what is a shelter for it, and, as to the care of it, how it is when in a grain vault (chigârakô-l), and when it is under a tree; how it is when in a damaged cellar (varkhô-l-î kûshtakô), and how it is when in a cage (panjar-l) which is not incomplete, but is broken, or is not incomplete and is sound, or is complete and sound.

17. About treasure which they find in the surroundings of a dwelling, and that which they find within the limits of the dwelling of any one. 18. About buried treasure when it is found by the side of a road, and the ground is hard, how it is when it is one finger-breadth below, and how it is when it is two finger-breadths; as well as (ham-gûn) when the ground is soft, how it is when it is two finger-breadths below, and how it is when it is three finger-breadths. 19. When it is found within the road, and the ground is hard, how it is when it is two finger-breadths below, and how it is when it is three finger-breadths; and when the ground is soft, how it is when it is three finger-breadths below, and how it is when it is four finger-breadths. 20. When it is in an ascent or descent, there where one turns out from the road, and the ground is hard, how it is when it is below up to the instep [10], and how it is when it is up to the middle of the leg (patîshtan) [11]; and if soft, how it is when it is below up to the middle of the leg, and how it is when it is up to the knee. 21. when it is in a stream of water, and the ground is hard, how it is when it is below up to the knee, and how it is when it is up to mid-thigh; and when the ground is soft, how it is when it is below up to mid-thigh, and how it is when it is up to the testicles. 22. When it is in a ford through the water, and the ground is hard, how it is when it is below up to the testicles, and how it is when it is up to the navel; and when the ground is soft, how it is when it is below up to the navel, and how it is when it is up to the mouth. 23. And when it is in a kitchen (âshkhânô), the middle of a garden (van), or a sheep-fold (pâh-hastô); that is, how it is when it is not a permanent residence (afrâz-mânishnô) of anybody, and how it is when it is a permanent residence [12].

24. About him who nourishes a sheep which is seized; that is, how it is when it is out of his store, and how it is when he nourishes it as it arrives. 25. About a dispute as regards a sheep that is seized, when one person says it was born of the color of the mother, and another one says it was of her form [13], both being true; or one person mentions a single characteristic truly, and another one mentions many characteristics of it untruly; the cases when they mention its peculiarities otherwise, and in what manner; and whatever is on the same subject. 26. About a sheep [14] seized, which has to pass on through the loftiest places in which there is lawfully shelter; and how there are three years, three existences (ahvôn), three places, nine occasions, and also many other regulations on the same subject.


NOTES:

[1] Av. thrâ.

[2] Instead of hachîdakô, 'seized,' the MS. has the very similarly written word avêzakô, 'pure.'

[3] Compare srâyishnô in § 2, and srûdan in § 11.

[4] Perhaps another sequestrator is meant.

[5] The first case seems to be that of an unseized sheep in a seized flock, and the second that of a seized sheep in an unseized flock.

[6] The words in brackets are supplied by guess, to fill up a blank space left by the repairer of the MS. on one of his patches.

[7] Reading va-darand-î denman.

[8] Reading hâzhakô, but it is possibly a contracted form of ayâvakô, 'gain.'

[9] If it were allowable to omit this word, âyûînakô, 'variety,' and to substitute 'gain' for 'distraction,' the sentence would stand as follows: 'About the gain of a sequestrator as regards a sheep or beast of burden which is seized, when he nourishes it for one-fourth, when for one-third, when for half a year, and when for the duration of a whole year.' This seems more intelligible than the text as it stands in the MS.

[10] Supposing that Paz. âavad is intended for âfrapad.

[11] That is, up to the shin.

[12] The utility of these minute details was probably to determine how long the treasure had been buried, and for what purpose, and whether there was any possibility of the rightful owner being still alive.

[13] Reading darand-î denman.

[14] Supposing that pês stands for pâh.


Ziyanakistan: code of the injured (40).

1. One section is the ziyanakistan ('code of the injured'), about anything which is animate -- and that which is inanimate -- injured through lawfully living, giving, receiving, or delivering back; the duty of protection and care for both kinds; the nourishment, extension, sustentation, stimulation, establishment, consolation, and also gratification of an animate being; and the retribution for sin due to unlawfulness as regards the same matters.

2. About an example of a damaged gift, in the case when one gives the thing to a poor (gadâk) person at an appointed time, and when at one unappointed; and in the case when one gives him an increase, where and what is the increase. 3. A decision about a shepherd when they shall bring him back an animal [1], when damaged, before its subdivision; what he obtains for the damaged animal when not delivered back at the time of subdivision; when the duty about it is dictated by a religious man, and when he keeps it in his own possession.

4. About property which is inanimate, whose subdivisions, each separately, when one keeps them in use [2], and when in reserve (armêshtô), are greater and less in value; that is, through so much effecting of penance (avâkanjishnô) worthily, or through so much bringing of interest; and the capital is the same in value, the increase being the growth of dividends.

5. About the reason why the sin of an injured person becomes innocent through not delivering back a damaged article [3]; and many opinions, on the same subject, are provided for our benefit.


NOTES:

[1] Probably one sold by him to a butcher.

[2] For trading, or pious purposes.

[3] Suffering wrongs without complaint being meritorious.


Vakhshistan: increase code (41).

1. One section of the last twenty-two is the Vakhshistan ('increase code'), particulars about the progress of increase. 2. About atonement, surrender, and compensation for anything, through dispelling it by compensating, atoning, and surrender mg to him whose own it is; the period thereof not being appointed. 3. When he, whose origination of compensation, atonement, and surrender is his own, has appointed the period thereof, the growing of the sin actively, after the appointed time, is increase.

4. About increase [1] which is active (kardakô), and that which is existent (zîstakô); how it is when the existent becomes quite active, and how it is when both are suppressed (armêshtî-aît). 5. About the extraction of increase upon increases which they may occasion up to an equality; where and which it is. 6. About a righteous gift; that is, how it is when overwhelmed by impoverishment, and how it is when its increase still proceeds.

7. About the progress of interest (vakhsh) upon effective wealth, when there is interest for it, and the interest thereon accumulates; also that which does not progress; how it is when the debtor (âvâm-hômônd), even on bringing back the wealth, is opulent, and the lender (âvâm nafshman) is opulent on asking for it; how it is when each is not opulent, and the debtor was not opulent on asking for it; and how it is when the lender (âvâm khvêsh) is opulent on asking for it and the debtor is not opulent through the wealth.

8. About where and when the life (zîstanô) of the lender has once passed away, how it is when the loan is to be issued anew at the end of the issue (zihîshnô), and how it is when it has existed in force, through the one issue by the deceased, and the interest accrues. 9. When the debtor passes away, how it is when he puts the interest into the property of anyone through adoption, and how it is when it is the interest of the possessor of the wealth in both worlds.

10. About the peculiarity of retribution, the self-retribution of one liable to retribution for others, and the limit of one's own retribution. 11. About the penalty (tâvân) of him who, purchasing animals for impregnation, gives each a bad male; when they are not pregnant, and when they may produce; and whatever is on the same subject. 12. About the time of allowing the admission of the male to the beast of burden, sheep, and camel, and the time of consignment to each separate male for whom reception remains; the case when it is the time for admission of the male (gûshn-hilîh), and the case when it is such a consignment as when the period, which is really originating with the admission of the male, has continued. 13. When, on account of no consignment to the male at the proper time, the female goes on unimpregnated, and there is no pregnancy of the cow, mare, camel, sheep, goat, or pig, each separately, how much the penalty is; also the sin they commit.

14. About the camel, mare, cow, or sheep, unto whom there is damaged milk, void of butter (akarag), owing to the appointed time one postpones; also the average and least milk of the mare, cow, goat, and sheep, that is, the measure of their one milking, each separately. 15. About the camel, that is, how much is its production of hair in a year, and the extent that the camel is surpassing therein among cattle; of them is also the ass that they allow to be seized upon for as much value as that of the oxen, and the mode of beating them up. 16. Where and how it is when the females of the camel and horse are a multiplying (afzûnô) tending to dissatisfaction; the increase even of increases of the ox, sheep, and goat progresses, and of them how much less is the multiplying of the female -- which is an increase of in-creases tending to dissatisfaction, where it is extending over them -- to be produced than that of the male.

17. The camel which is injured on the road, beyond the end of the appointed time, when they keep it at work unlawfully and the road is bad, when at work unlawfully and the road is good, and when comfortable at pasture, where seizing upon it becomes tending to dissatisfaction in several ways, and they are severally buying it when really invigorated [2], or at a price.

18. For how much increase of increases he stands up who is buying also an invigorated dog, or pig, at a price; and when it is that the increase and increase of increases remain undeveloped in them, as it does whenever property, an which the interest of the residue and income accumulates, is still for the children of the well-destined.

19. About him whose supplies some one is silently (agôpô) buying up, and the seller and important holder is quite bereaved, so that the bereaver has plenty for one deprived of food on a summer's day, and plenty for him who is so also on a winter's day (dim-ichîk); also the supplying of mankind and fire lawfully, in the beginning, for a summer's day and night and that for a winter's one [3]. 20. About clothing when it is that which one strips off for donation. 21. About the penalty for a first deprival of food, and the sin of it; also the penalty of the second and third, up to the tenth.

22. About a plaint and defense as regards a debt and its interest, and the decision thereon; also how it is when, for keeping up the repayment, debts upon debts are canceled so far as the continuance of interest; and whatever is on the same subject. 23. About the uselessness of supplies which are not authorized by the religion. 24. About buying a slaughtered [4] sheep when the seller is bereaved by the delivery; also to how many sheep, in the two previous years, the increase and increase of increases thereof had specially to attain. 25. About where and what is that which would not conduce to increase, and what is that which would. 26. About the special sin and offense, the use of the milk, heart [5], and wool, the spreading about which tends to dissatisfaction, the increase of increases, and the good figure of any one sheep, and the regulation of every one.

27. About how the debtor has to announce the nature of the loan, which the lender, through irritation, does not approve; and, when the debtor has provided for a triple issue, when for a double issue, and even when he has for a single issue, the first year is free from begging his own time. 28. About the debtor and what [6] he repays, when each year is announced and he does not assent; and how it happens, as regards the debtor, through many repayments, and all the postponements of the lender [7].

29. About causing the confiscation (pâdîrângarîh) of a human being (gerpîh) [8], and its cessation [9] owing to worldly work, where it is for one month, or, thence onwards, for a second, a third, a sixth, a ninth, or a year at worldly work, and where ii is regarding several human beings; the production of gain which accrues upon that single human being; and what-ever is on the same subject. 30. About the confiscation of a cloak (gudâd) in the winter, and of a skin-bag for holding water (mashkô-î âvdânô) in the summer; about whom they are appertaining to, on the passing by of the first ten nights, where it is after the bringing out of the cloak at the beginning of winter, and of the water-skin at the beginning of summer; or prior to the length of a month previous, severally, to the end of the winter as regards the cloak, and to the end of the summer as regards the water-skin; that is, for how much gain upon that one cloak, or water-skin, is the retribution of the confiscator to whom it is appertaining [10]; and whatever is on the same subject.

31. About the increase of grains, and that of sheep with the progeny, milk, and wool that they may severally produce. 32. About the confiscation of clothes and implements by delivering them back to him who specially reckons many as his own [11]; that is, how the produce (vakhsh) increases when he orders their use imperfectly, how it does when he does so not imperfectly, and how it does when he keeps them in inactivity. 33. About the produce of land on which grain is cast, and of that on which it is not cast (va-zak-î an-madam ramîtuntô) [12], when by delivery thereof it is self-exhausted. 34. And so also the produce of ornaments of gold and silver, and of red-colored things, with many regulations on the same subject and what is connected therewith.


NOTES:

[1] As this word is written vakhs (= nâs) it is doubtful whether vakhsh, 'increase,' or vinâs, 'sin,' is intended; and the context is insufficient to solve the doubt.

[2] Paz. aôaanghen, both here and in § 18, no doubt for Av. aoganghem, as in Chap. 20.58, the Av. g and s being much alike.

[3] See Farh. Oim, p. 38, ll. 4-8, and compare Chap. 38.13.

[4] Reading barâ-zegtalûntakô, which word has been corrupted by the repairer of the MS.

[5] Reading dîl, but the word can also be read sar, 'head.'

[6] Supposing that madam stands for maman; the two words being sometimes confounded.

[7] Who allows the debtor a longer time for repayment.

[8] Literally 'bodily form.' The seizure of a slave of the debtor to work off the amount of the debt is evidently meant.

[9] Reading va-sachishnô instead of the very similarly written nikêzhishnô, 'explanation,' of the MS.

[10] This seems the more probable meaning if we are to understand that the confiscation has been actually carried out at an improper season; but, if we suppose that it is avoided on account of the season, it would be better to translate as follows: 'For how much gain upon that one cloak, or water-skin, is the confiscator, to whom it is appertaining, to be compensated.'

[11] Possibly referring to the seizure of articles sold by a dealer, but not paid for.

[12] The form an of the negative prefix is here used because the Zvarish an-madam is replaced by the Paz. an-avar in pronunciation.


Varistan: ordeal code (42).

1. One section, the Varistan ('ordeal code'), contains particulars of that which, when it becomes manifest in any one, is indicative as to witchcraft; the bringing of remedies for the person who is rendered sickly by a wizard; the execution of the wizard, what the religious rite is in the legal proceedings, and the case when there is a religious rite in the legal proceedings. 2. About the case when, for want of legal proceedings, he is executed without the religious rite; and what it is when [1] he dies through his own destruction of someone.

3. About the accomplishment of an ordeal by which, through the power of the spirit, there arises a manifestation of acquittal or incrimination of those maintaining inconsistencies as to witchcraft, destroying a righteous man, or other concealed instigations of sin [2]; the time of its performance, and the place of hurtfulness of its continuance. 4. About the place of accomplishment; in what manner is the selection (fragârdanô), limitation, and preparation of the abode in which the ordeal is performed; that which is to be carried forth to that abode, and that of which the carrying thereto is to be avoided; who is to be admitted to that abode, and who is not to be admitted; and that which, when it occurs there, is a disturbance of the work, they separate (vanjend) therefrom.

5. About those belonging to the place of ordeal (varistânîkân) and other officials there, the rites and customs therein, the ceremonial to be celebrated in the abode, and the invocation of the sacred beings for assistance. 6. What is the mode of performing the hot and cold ordeal; how is the leading forth of the accomplishers thereto, and of what Avesta is their uplifted recitation; how is the accomplishment of the hot and cold ordeal, and the manifestation of the acquitted and incriminated thereby; and many statements (gôkân) on the same subject.


NOTES:

[1] We should probably read 'and about the case when,' supposing that maman stands for madam, the reverse of what occurs in Chap. 41.28.

[2] That is, while there is no evidence of the crime beyond the suspicions, real or assumed, of the accusers.


Section six: miscellaneous (43).

1. One section is miscellaneous: about having sought an assistant who is brought, that is, in what mode it is proper; and the payment of an assistant who is a member of the community (dâhm) [1], and also that of a foreigner (an-Aîr), in the same affair. 2. About how the coming of a man to confinement and fettering is through his own wealth, and whatever is on the same subject. 3. About confession through one, two, and three statements; and whatever is about it. 4. About the contempt of a disciple for a priestly master, which is an annoyance to him; the property belonging to the master, and the squandering that occurs in it.

5. The sin that is its own penalty through being liable to penalty, and the transgressor whose penalty is owing thereto; when they would unlawfully bring a penalty upon one liable to penalty, or one thereby inflicts a penalty upon him, of which one is aware that he is not capable (patûkô); and the time which one liable to penalty has for the payment of that penalty of his is until his attaining to opulence, when, after the appointment about the penalty, he becomes capable of an atonement. 6. About the accumulation (ganjîh) of sin through the expedients of the wrathful (garmakân), which are connected with much destruction of the righteous. 7. About the sin owing to which, among those that are wrathful, he who has drunk from a well on a road, or path, conceals the water for the sake of concealment.

8. About the sin of a judge who pronounces the sinner to be in innocence, and the innocent to be in some sinfulness. 9. About a judge acquainted with the law [2] for ten years, him who is for eleven, him who is for twelve, him who is for thirteen, him who is for fourteen, and him who is for fifteen that is, their decisions, each separately, on several specially prominent objects of acquaintance with the law, as regards decision and judgment.

10. About a daughter whose religious control, during the life of her father, resides in her mother for the joint life of the mother, but for [3] the authorized giving her away there is the father. 11. About a daughter who is unprovided with a husband, and who has no father and no mother, nor yet any of the brothers of the departed parents, and it is not even allowable to give herself away into guardianship by a husband.

12. About property which is bequeathed by will on passing away; that is, how it is when given and how it is when it does not exist. 13. About the privilege of a father; in giving property to his children according to his wish, and a son who is irreverent towards his father, so that [4] some of the property of the father goes to the worthy mother; also when they would make irreverence towards the father the imputed characteristic (bâkht nîshânô), where a decree about the property of the father is decided upon; and whatever is on the same subject as regards the extent of irreverence of the son towards the father, and the sin of it.

14. About the sin of a son [5] who is accepted, when he recoils from that acceptance; the accepter of a living, or even a departed, father is so because it is the will of the people, and also for the worldly fame of a soul of the departed; and the ceremonial and obeisance are, moreover, for those of them within their own dwelling, owing to letting forth their generosity, and they shall provide them.

15. About the production and arising of even that property which a liberal person has not seen, if there be any one who [6] has not lived liberally.

16. About the production and arising of something of the property of a damsel, even when she gives it by design only to him who is worthy.

17. About a damsel whom an idolater (deviyast) carries off from her own master, and would give to a Mazda-worshipper; that is, how it is justifiable for the Mazda-worshipper, having had that damsel in his possession, to seek a son, by her, so long as the guardianship of the woman is with that man. 18. About a mother being guardian over a living father, owing to their having a son. 19. About the proper completion of a provision -- that was for the decision of the supreme judge, on various statements, and was never otherwise -- which is the provision of him who is a high-priest of the religion.

20. About the sin of a father through not satisfying the menstrual excitement of a daughter who has attained the capability of having a son (berman radîh); what it is when, through not satisfying the menstrual excitement of the daughter, he is sinful; and how it is when the daughter herself is sinful; also the symptoms of attaining the capability of having a son.

21. About where and which is that sin on the committal of which inadvertently one attains to deliverance thus, when it comes to his knowledge it is through a determined renunciation it goes away from its source; also which is that committal inadvertently which does not occur through him who is intelligent. 22. About the four more heinous forms of demon-service (shêdâ-yazhakîh), and the three worst sins wherein they shall perform them; the ten existences that are furtherances, and the nine that are destroyers, of the world.

23. About a true statement through which, when one utters it he is wicked and worthy of death. 24. About driving the bestowable benefit of the spiritual existence away from the world, when he who is destroying a righteous man walks openly in the world; how one section of the spirit's earth is that of a people [7] destroying the righteous man, and the complaint of the spirits of fire, water, and plants, owing thereto: also how the bestowal of the allotment of a leading man is upon his inferiors. 25 About the three kinds of righteous men; one that is greater than water and earth, animals and plants, one that is equal to them, and one that is less; and what is the arrangement of -- as it were -- the conjoined formmation of those who are somewhat outside of the three kinds.

26. About the grievous bridge-judgment for carrying forth dead matter to water, or to fire, with which there is evidence; and the heaviness of the spirit due to dead matter in the water. 27. The good work of him who brings the dead matter [8] of man or dog, or that of the serpent or frog, out of the water. 28. About the destruction of the serpent and frog, and other aquatic noxious creatures, in the water when it is only thus possible, and carrying them out from it when it is possible. 29. About the gratification of the spirit of the world, and the vexation of the demons, owing to the destruction of them.

30. Where and what are the tokens of the good [9] management and well-operating drinking-party (tôsh-tîh) of a neighbor not of the same district (ahamshatrô nazd). 31. About the sin of him who, after joining a drinking-party from sunset (hû-frâshmôk-dâdô), pulverizes the road (râh tekhnunêdô), keeps the door opened, and would unlawfully make an uproar.

32. About Ohrmazd having produced the bodies and members of animals -- through having created the body of the sole-created ox with satisfaction, as assistance for mankind -- because they are repeated for protection, and also for the ceremonial for sacred beings specially declared 33. About the reason of making offerings (aûstôfrîdô) to the sacred beings. for the increase of power of the allottcrs of destiny in the allotment of destiny; the connection of that acknowledgment (padîrishnô) and of the benefit and advantage of the recompense thereof; the proper maintenance of that acknowledgment. through the means and efficacy of the spiritual bridge-judgment of sin, and the fear of worldly disaster and harm from not properly maintaining the perpetual acknowledgment in force (dên patûkîh), and from the setting up even of ruin thereby; the reasonable control of the offering to each one of the sacred beings therein is for the skillful member of the community (hûnarîk dâhm) of whatever kind, and is not produced by entrusting the consecration to the violent, more particularly to those whom one specially enumerates; the sin and retribution owing to having given it to those who are of that class; and more upon the same subject.

34. About the damage and injury of the world owing to greed (âzhô) and its fellow-miscreations, and him who is their supporter and abettor, the idolater (deviyastô), also the wolf of many kinds and noxious creatures of various species; because the occurrence of their fiendishness is due to the original fiend, and the means for strengthening their fiendishness are derived from the destruction of all mankind and the other primary worldly creations which are aiding mankind. 35. Advice to mankind about smiting and destroying the evil domination (dûsh-khshasarînîdanô) of the world by those injurers, and the merit manifest for themselves therein; the object and spiritual reward for smiting and killing each one of the wolves and noxious creatures, and, as regards the same reward, the perfection of that for destroying a two-legged wolf [10]; and whatever is on the same subject.

36. About advice as to not reverencing the evil spirit and demons, whereby the observing (var'zhô) of the several ceremonies and gratifications of the sacred beings would be more particularly irregular in any manner whatever, and the damage and harm owing to those who are irregular and ill-observant, through being inclined for that irregularity and ill-observance, would become an oppressive presidency (padgahîh) of the demons over the creatures; also the vice of clamorous talking (drâyân gôgîh) [11] and the damage owing thereto, and the pleasure of the demons due to the same and other things which are irregular. 37. Advice about the reason, habit, and primitive practice of not chattering, and other good customs, during eating and drinking; the gratification of the sacred beings owing to that primitive practice of good customs by mankind, and the unself-devoting (a-khvêsh-dâk) is he who is not maintaining it.

38. Through the ceremonial of which sacred being is the greater welcome (mâhmânôtarîh) of a high-priest and of any good work of each one of the five periods [[gahs]] of the day and night; the reward and advantage owing to celebrating the ceremony of each of them separately in its own period, and also other means and regulations in the same statement.

39. It is righteousness that is perfect excellence.


NOTES:

[1] The contradistinction here indicated between dâhm and an-Aîr is an important confirmation of Geldner's definition of Av. dahma as 'Vollbürger oder Mitgliedcr (see Studien zum Avesta. 1882, p. 14).

[2] See Chaps. 20.74, 22.21.

[3] Reading râî instead of lâ, 'not.'

[4] As aêgh also means 'where,' it is rather uncertain whether the irreverence is supposed to be the cause, or the effect, of the special provision for the mother which afterwards becomes a source of litigation.

[5] An adopted son must be meant.

[6] Supposing that min stands for mûn.

[7] Some neighboring nation of unbelievers is probably meant, such as the Byzantines; as we must always recollect that the compiler is summarizing the contents of the Pahlavi commentary written in Sasanian times (see Chap. 1.3).

[8] See Chap 27.4. It appears from this section that the dead matter of an evil creature, such as a snake or frog, was considered to pollute the water as much as that of a good creature. § 28, however, admits the expediency of killing noxious creatures in the water when it is impossible to take them out beforehand; and this is in accordance with Vd. 5.35-38 (W.) which teaches that an apostate defiles no one when dead (any more than a dried-up frog that has been dead a year), because he defiles while living. This rule was evidently intended to remove all scruples as to killing such creatures, but it applies to them only when recently killed; hence the necessity of removing them, from any place liable to pollution, as soon as possible after death, common sense being preferable to logical consistency.

[9] Supposing that vûp stands for khûp.

[10] A term applied to an idolater.

[11] Whereby the devotions are disturbed, or rendered ineffectual.

Nask 19: Vendidad [Jud-dew-dad] (legal) (44)

Corresponding with the contents of fargards 1-11, 13-22.

1. The Vendidad contains particulars of Ohrmazd having produced the pleasure of mankind by that place where they specially made a residence, and the advantage from the same production. 2. About the formation of sixteen perfect places specially enumerated, and also the adversity which has happened to each separately.

3. About Ohrmazd's disclosing the religion first among mankind to Yim [Jamshed]; its non-acceptance by Yim [Jamshed] owing to attachment (asrunoih) to the religion of the ancients; and the acceptance of other things to develop, extend, and improve the world thereby. 4. About the reason of the needfulness of making the enclosure that Yim [Jamshed] made (var-i Yim kard), the command and instruction by Ohrmazd to Yim [Jamshed], the making by Yim [Jamshed] just as Ohrmazd commanded and instructed, and whatever is on the same subject.

5. About what the comfort of the spirit of the earth is most owing to, what its discomfort is more particularly owing to, and from what its greatest gratification has arisen.

6. About the sin of pollution owing to carrying a corpse by a single person, relating, however, to that which a dog has not seen. 7. About the food, clothing, and place of him who becomes polluted and worthy of death through a corpse, on account of carrying it alone (aevako-barih rai). 8. About how the several precautions of mankind and other pure creatures are taken, as regards a corpse which has become polluted by another corpse.

9. About the pleasure of the spirit of the earth owing to sowing and tilling, and its vexation owing to not sowing and not tilling; the blessing upon the sowers, and the advantage and merit owing to sowing, on account of particulars about the nourishment and protection of the religion thereby. 10. About the destruction of the demons which arises from the sprouting, growing, and ripening of corn; and the good success of mankind from the eating of it.

11. About the sin of burying a corpse through sinfulness, and for how much time is the uselessness of the ground in which the burial may be performed. 12. About the power of the good religion for wiping away sin from human beings.

13. About the sin of deceiving by an avaricious person (pashto) as regards what he has consumed and given, and the grievousness of other breaches of promise; the danger, even in the worldly existence, from maintaining him, and the retribution it is important for him to make.

14. About where there is steadfastness in the religion there is also a manifestation of this: when one becomes liberal -- as to every benefit that exists for him -- towards those of the same religion who come forward with a request. 15. About the extent of sleeping in the day and night, and other matters as to occupation which occurs daily.

16. About the grievous sinfulness of having taken a false oath, so that, apart even from the testifying retribution of the property, the oath taken thereon has also an efficacy very much for the accusers, which, on account of Mihr, Srosh, and Rashn, is an awful destroyer and adversary for one's own person, wife, child, and property; also the grievous bridge-judgment which is an appendage to one's own soul.

17. About the sin of bringing firewood, with which dead matter is mingled, to a fire; and this too, that is, how and when one is innocent therein. 18. About a ditch (joi), which is not always a stream (navo), when the water has to pass through it, and also that which is always a stream, when one wants to increase the water therein, how often and how one has to inspect them for fear of dead matter having been there.

19. About death which is by reason of water or fire, and does not occur through the supremacy of water or fire, but is owing to the demons. 20. About the great advantage owing to rain, and connected with raining on dead matter and the bodily refuse of depositories for the dead. 21. About the greatness and goodness of 'the law opposed to the demons' for cleansing, as compared with other utterances.

22. About pollution owing to bodily contact (ham-kerpakih) with a corpse, and to bodily contact with him who is in bodily contact with a corpse. 23. About the wicked villain who is an unrighteous apostate alive, and abstaining from association (avakih) with him. 24. About how long is the time of pollution of a house in which a dog or human being passes away, the carrying away theretofore of anything going thereto, and the avoidance of it; the place into which any one goes out, the feeding, and other things in that house within three steps, and whatever is on the same subject. 25. About a woman whose child dies in the womb, and which becomes dead matter; and whatever is on the same subject.

26. About useless and polluted clothing, that which is cleansed for six months. 27. About the grievous sinfulness of irregularly letting forth clothing, as much as a single double hem, upon a corpse.

28. About how long is the time of the uncultivated state of the land -- free from admitting water and being sown -- on which a human being or a dog passes away; the inspection of the whole land on account of the risk of dead matter having been there, and afterwards admitting water upon it; the sin when, through not exploring, dead matter is in that place, and the water comes on to it, and whatever is on the same subject.

29. About how to bring a corpse out of the water, the extent of the pollution of the water around the corpse, the purity after bringing away the corpse from it, and whatever is on the same subject. 30. About where the bodies and bones of the departed are deposited, and whatever is on the same subject.

31. About how soon is the rushing of the fiend of corruption (druj i nasush) upon a human being or dog that has passed away at the appointed time, and upon one who has done so before the appointed time through the defectiveness (ahugagih) of the worldly existence; where the clothing of this one is which is useless, and which and how is the washing of that which is for washing. 32. About the heinous pollution and grievous sinfulness of devouring dead matter, or of bringing it to fire or water through sinfulness. 33. About the winter, the demon-produced terror, the spider and locust, sickness of many kinds, and much other evil, which become threatening in the world owing to the formation of dead matter. 34. About how to cleanse wood, corn, and fodder from the dead matter which comes upon it.

35. About medical treatment with spells, the knife, and herbs; how to test a medical man, the fee for curing, and whatever is on the same subject. 36. About the place on which a corpse is fettered (garovi-aito), and also that in which it is buried through sinfulness; and in how much time it becomes pure, in each case separately. 37. About the much lodgment of the demons there where a corpse is buried (nikan), and the merit of laying open (ashkarinidano) the place of burial (nikanih) of a corpse.

38. About the duration of not drinking by a woman who has miscarried (visistako); also her not feeding on the liquid of that which is watery food. 39. About the washing of a metallic, stony, or any other cup-like article, upon which dead matter has come, and which is not pronounced useless. 40. About the animal (gospend) that has eaten dead matter, and the plant with which dead matter is mingled. 41. About the sin of holy water being brought to water which is tainted with dead matter.

42. About the house (khano) in which a dog or a human being passes away. 43. About how large and how one has to make the vault (kadako) for the sake of a corpse in a dwelling (man), carrying the corpse to it, when the time comes to expose and avoid it, and whatever is on the same subject.

44. About the baseness (garash) and grievous sinfulness of the decree (vijirih) of death, unnatural intercourse [sodomy]. 45. About a dry corpse which has been dead throughout a year. 46. About the merit of having brought unto purity a corpse-burning fire, a fire burning bodily refuse, or of an encampment (saray-icho); also those which artificers, each separately, keep in use one has to secure, when the work is done, for the appointed fireplace (dad-gas, i.e. Dadgah).

47. About washing the polluted who have been in bodily contact with a corpse, or moving it; divers preferences as to the purifier, the rite of washing, and the reward of purifiers, worldly and also spiritual. 48. About the shining of the sun, moon, and stars alike discontentedly upon the polluted. 49. About the gratification of all the creatures of Ohrmazd by the purifier, when he produces purification for the polluted and suchlike beings (anguni-aitoan); also his reward. 50. About the strength and aid which are given to the fiend of corruption (druj i nasush) by him who does not understand purifying, and yet would accomplish it; also the sin thereof at the bridge of judgment [Chinwad]. 51. About the triumph of the Yatha-ahu-vairyo in smiting the fiend and in healing.

52. About the species of dogs; the worthiness of the shepherd's dog, the village dog, and others also; how to maintain and nourish (srayinidano) them with nourishment, and the sin owing to killing or even improperly maintaining them, each separately; and whatever is on the same subject. 53. And this, too, when a dog becomes useless (abon) or hurtful, what is to be done with it, and how it is to be kept. 54. About authorisedly killing the dog-wolf. 55. About the thirty-one dispositions among dogs, which are just as among the three special professions and divers others of five descriptions. 56. About the grievous sinfulness of killing a water beaver [or otter], and statements (gokan) of the penalty.

57. About the sin which gave an Iranian to foreigners (an-Airano). 58. About the sin for those three males who have debauched a woman who is pregnant, or the wife with a child at the breast, or a daughter of others; and the sin owing to similar sin. 59. About the guardianship and nourishment which it is important to provide for a child that is seen to be improperly protected, or for a dog when it is born without a guardian; and whatever is on the same subject.

60. About menstruation, the heinousness of its pollution, and how much one has to abstain from it. 61. The cleansing from the menses, the time of the cleansing, and the nature of the cleansing of any person or thing polluted by the menses, or that which becomes inefficient thereby; and whatever is on the same subject. 62. And about the grievous sinfulness of having sexual intercourse with a menstruous woman.

63. About the deadly bridge penalty of those who have not sustained the judges. 64. About the care of the hair and nails, and the sin owing to want of care.

65. About the apostasy of him who is bringing a mouth-veil, a vermin-killer, various sacred twigs, or a goad or scourge which is exceptional, and maintains that it is that which is necessary. 66. About the disapproved one, and the bridge-judgment upon him, who sleeps on through the whole night, so as not to accomplish his proper duty. 67. And the approval and reward of him who does not sleep over religious observances, so as to accomplish his proper duty. 68. About the progress of secretly-advancing ruin (sejo) through that exhibitor of evil religion who wears no sacred thread-girdle [kusti], and his not wearing it as it were by law.

69. About the proper duty and great value of the Parodarsh bird, and the great good work that gives it a morsel of meat which is the size of its body, the liberalization of the primitive temperament through righteousness for the righteous man. 70. About the hurry of the fire for kindling for the untroubled watching of the night, and the merit owing to law- fully kindling it; also the blessing of the fire on mankind, when pleased and untroubled.

71. About the four special sins by which the fiend receives vigorous pregnancy, and the atonement for each separately. 72. About the grievous sinfulness, trouble, lamentation (navikih), and harm that proceed from a courtesan; also the advantageousness of her destruction. 73. About the retribution for the sin of having sexual intercourse with a menstruous woman.

74. About the combat (kushishno) of the evil: spirit with Zartosht, the victory of Zartosht therein, and whatever is on the same subject. 75. About Zartosht having inquired of Ohrmazd how, and by what means, one has to confound the evil spirit and other demons, and his reply. 76. About the gratification of Vohuman, the archangel, owing to the washing and bringing back to use of polluted clothing; also praise unto Ohrmazd for his narrating the care of the clothing.

77. About the reward which they give up to a human soul for the sake of kindness, and whereto and how is the attainment to exaltation of him who is given it. 78. About the going of Vohuman to meet the souls of the righteous, the notification of their position, their announcement for reward, and the contented progress of the souls of the righteous to their [home], to the throne of Ohrmazd and the archangels, which is made of gold. 79. About the terror of the demons owing to the scent of the righteous, and the fear that arose among them owing to the birth of Zartosht.

80. About the great powerfulness of plants of a poisonous character for the forcible keeping away of much adversity; the production of entire species (pur saradako) of plants by Ohrmazd for the curing of the creatures from disease (ayoyakih); the success of the Gaokerena plant -- which is the white haoma -- in curing, as compared with other plants; and the diligence of Airyaman in the medical treatment of the world.

81. Information about the ritual (nirang) through which the violence of the fiend was minimized at the original creation; and the great powerfulness of the Airyaman supplication, the Ahunwar, and other Gathic Avesta, for restraining the demons from destroying the world of righteousness.

82. It is righteousness that is perfect excellence. It is the excellence of righteousness that is perfect.

Nask 20: Hadokht (gathic/religious) (45)

Recital of Ahunwar, high-priests, 21 chieftainships, duties at periods of the day, season-festivals, superiors, membership of the community, prayers at eating, recitations, invocation, devotion; (§10) good attributes and qualities, diligence, righteousness, the chief resource of the creatures, sayings full of humility.

1. Of the three divisions of the Hadokht, as it exists in its 133 sections, the first is of thirteen sections, and contains particulars about the nature of the recital of the Ahunwar, which is the spiritual benefit from chanting it aloud, and whatever is on the same subject. 2. Advice about selecting and keeping a spiritual and worldly high-priest, performing every duty as to the high-priest, and maintaining even those of various high-priests.

3. About the twenty-one chieftainships, spiritually through Ohrmazd and materially through Zartosht, through which the ceremonial of the sacred beings and the government of the members of the community (dahmano rayinidarih) exist. 4. About the duties in the five periods [gahs] of the day and night, each separately, and the bridge-judgment of him who shouts out in the ceremony of a season-festival [gahambar]; likewise of him who does not provide the preparations for the feast of a season-festival, and who also becomes worried (sudako) in other ceremonials of the sacred beings.

5. About how to consider and what to do with a sacerdotal leader and a man of the superior classes (pishakikano), him who atones for unimportant sin, and him who does not atone even for that which is important; and whatever is on the same subject. 6. About the means through which membership of the community (dahmih) is prepared. 7. About the manifestation of virtuous manhood, and the merit and advantage from well uttering the words of blessing at eating and drinking food and drink, and from despising the inward talk of the demons. 8. About the recitations at the five periods of the day, the ceremonial invocation by name of many angels in each separately, and great information on the same subject.

9. The worthiness of a man restrained (vandak) by authority, the devotion of life and body to the sacred beings, the good rulers, and their examination and satisfaction; also the blessing and winning words which are most successful in carrying off the affliction that is owing to the fiend. 10. About all-pleasing creativeness and omniscience, every precedence, leadership, foresight, worthy liberality, perspicacity (venakih) and all proper cause and effect of righteousness; the individuality (khudih) of righteousness, the opposition to the demons of Ohrmazd's law, and also much other information in the same section.

11. The middle division is of 102 sections containing particulars about spiritual and worldly diligence, the leadership of the diligent and their mighty means, all the former deeds of righteousness. 12. Righteousness kindling the resolution is the reward of merit, each for each, and is provided by it for that which one mentions thus: -- 'It is the Hadokht which is the maintenance of righteousness, so that it may make righteousness more abiding in the body of a man.'

13. The last division is of nineteen sections containing a trusty remedy, that is, a remedy whose utterance aloud by the faithful is a chief resource (afzartum) for the creatures of the sacred beings. 14. Also the nature of sayings full of humility (purpastih), well-favored, most select, and adapted for that which one mentions thus: -- 'I reverence that chief, the beneficent and eminent Hadokht, out of which is the sustainment of the strength of every word of Zartosht they trust in.'

15. It is perfect excellence that is righteousness.

Nask 21: Stud-yasn (gathic/religious)(46)

1. The Gathas of the Yasht, as the first offspring of the Ahunwar, are a recitation of the source of sources of the religion, and in the compass (parvastarih) of the Gathas, every word (marik) in it is the origin of a word. 2. The word ahu of the beginning is of a like kind with ahya, beginning of the Gathas; the end word, which is vastarem, is of a like kind with vahyo, the end of the Gathas; and the whole -- which, though its nature is of one kind, is distributed (vakhto) in what is selected therefrom -- is stored up (avargudo) in this compenddium of all parts of the Mazda-worshipping religion.

3. Likewise the purport (avori-hastan) 7 of its verse (gah), and the particulars of the primitive Visperad are to procure homage and praise, oblation and invocation; and the blessing, which is regulated by the sagacity of the creator, is adapted for the spiritual illustration of the lodgment of the ceremonial of the sacred beings therein. 4. All three are provisions for the first and last presentations which one utters by means of the Stud-yasn.

5. It is perfect is the excellence of righteousness; it is perfect excellence that is righteousness; with the

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