Translated by E. W. West, from Sacred Books of the East,
Oxford University Press, 1897.
This digital edition copyright © 1996 by Joseph H. Peterson.
If you find texts in this archive useful, please do not copy except for private study
("fair use").
Comments in {} added by JHP, mainly to facilitate searches.
Punctuation and spelling have also been normalized to conform
with other texts in this series.
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| 1. | |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
- meat-offering, preparations, and priests for season-festivals
(Gahambars); (§10) periods of day and year, frawardigan days;
gathering herbs, chastisement of sinners, 33 chieftainships, apostasy;
(§20) almsgiving, summer and winter, calamity of a century,
months (7)
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| 7. | |
| 8. |
- good and evil; advantages and disadvantages of the period (9)
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| 9. | |
| 10. |
- particulars about Kay Vishtasp, visit of the archangels to him, and his war with Arjasp (11)
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| 11. | |
| 12. |
- races and monarchs from Gayomard to Zartosht; (§17) the Sasanians and some leaders of religion (13)
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| 13. |
- birth and life of Zartosht, his vision of the past, future,
and other world; (§12) his posthumous sons, the future apostles (14)
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| 14. |
- worship of the sacred beings and duties of the worshippers (15)
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| 15. |
- Patkar-radistan section: misery from
sin and assault, kinds of assault and magisterial inquiry, (§13)
punishment without inquiry, counter-assault (16)
- Zatamistan section of the same: assault
and its consequences, begging and beneficence, perversion, using
weapons; conflict through assault, tumult, false-teaching, starving,
spells, and threats, by men, women, and children; ill-treatment
of slaves, compensation the only atonement, responsibility of
fathers for crimes of children (17)
- Reshistan section of the same: kinds
of wounds, scourging, 76 members of the body, effects of assaults,
modes of assaulting, description of a wound and the weapon, curing
wounds (18)
- Hamemalistan section of the same: various
accusations; true and false, and retribution for the offenses;
pollution, a young woman well taught, slander, care of a pregnant
woman, a householder neglecting his family, opinions of quiet
and unquiet people; (§10) cowardice, impertinence, sin of
priests, retribution, authority of priests, punishment of judges,
illegal action of plaintiff, seizing purity of foreigners, those
worthy of death, confession; (§21) assault with a weapon,
curing a wounded person who afterwards dies, security taken from
defendant, procrastination by plaintiff, mediation, assaults furious
and harmless, punishment of a child for sin, interpretation, signs
of approval by the dying; (§31) undefined assault, killing
a foreigner, great hinderers, indiscriminate assault, a frontier
governor, striking the living and dead, timber and firewood, atonement:
and ordeals, physicians, mutilating a horse; (§41) a wound
as evidence of crime, modes of using a weapon, assault and retribution,
incarceration, pulling a steed's tail, threats and spells, various
plaints and plaintiffs, pleadings inconsistent with accusations;
(§50) master unfriendly to disciple, arresting and prosecuting
a thief, the good to be treated like oneself, when carrying off
property becomes theft, native and foreign thieves, why the foreigner
is unfettered, assailants to be restrained, renunciation of sin,
avoiding one worthy of death; (§60) informing about a righteous
man, giving weapons to generals and governors, execution and reprieve
of one worthy of death, witchcraft (19)
- Fifth section of the same: an armed
man riding to attack another, overhearing talk of murder or robbery,
how to act when a companion murders, saving one worthy of death
for medical purposes, legal argument unnecessary only when the
judge is a supreme priest, unauthorized combatants, travelers'
supplies, penalties; (§10) power and good works of the worthy,
weakness and sin of the unworthy, how to conduct legal proceedings,
a wife can do so for her husband, particulars about ordeals, measures
of distance; (§20) litigation as to a costly article, annulling
decisions by appeal or ordeal, litigation of three claimants,
selling another's property, disputing, litigation of Iranians
with foreigners or slaves, a noisy plaintiff, a high-priest, a
wife unfit for evidence; (§30) a pledge, property of partners,
or held without evidence of ownership, ordeal of excessive eating,
dispute as to a stolen female, property of any one given by another
to a third party without dispute, a master teaching his disciple
not to litigate, dispute about alms, a successful triple ordeal,
spells and threats; (§40) ordeals, a thief liberated to attend
a ceremonial, a priest's personal property and its inheritance,
residual wealth of fathers, penalty for stealing cattle, three
plaintiffs, three claimants, and three thieves; (§50) imprisoning
a native for theft; duration, order, hardship, and stratagems
of legal proceedings; ordeals, benedictions on decisions, evidence,
ownership; (§60) certainty of statements, incrimination,
treatment of apostates, origins of virtue and vice, harm of unatoned
sin, tanapuhr sin, atonement and ordeal, witnessing a theft, decisions
according to scripture or precedent; (§70) when men and beasts
can be sold with a warranty, an exceptional decision, appointment
and qualification of judges, legal proceedings producing injustice,
litigating thieves convicted, offenses as to property, isolation;
(§80) dispute about property resigned by a third party, disputing
fathers' debts, when women and children can be condemned for spells,
lowest and highest values, stealing one's own property, false
and true investigation, litigation of man and wife, who gives
away the daughter of a dead father; (§90) estranging a wife
from her husband, bartering girl for girl, consequent injury to
one's own wife, overpayment for wife recoverable, sin of keeping
a marriageable daughter unmarried, a wife can be given only to
a Mazda-worshipper, mortal sin of giving no food, chastising a
wizard, longest and shortest days and parasangs; (§101) work
and food of an injured beast, manslaughter by a sheep, period
from certainty to doubt, useless witnesses and unjust judges,
harm of gifts to the unworthy, gifts and righteous gifts; (§110)
crime of not maintaining families under one's control, punishment
and atonement for sin and assault, all prosperity given to Zartosht
and his disciples, an isolated creature, keeping and breaking
promises; sin and punishment of strife, insincerity, and slander;
hostages and ransom; (§121) sin of a governor, ransom of
thieves, stolen article tied to the thief's neck, no atonement
for theft without confession, stolen property to be recovered
by authorities, sin of giving a woman to one when engaged to another,
cheating an ignorant man, interceding for him, fitness for sovereignty;
(§130) indisputable ordinances, inquiry after confession,
squandering alms, delay of legal proceedings, a woman without
a guardian, written statements in law, sin of frightening away,
restoring what was extorted, minor decisions obvious from greater
ones, benefit of a family; (§140) sin of wealth from unnatural
intercourse, a decree of three kinds, a stolen tree, a sin aggravated
by deceit, defilement, stopping a combat, counter-assaults, no
property for one worthy of death, abettors of sin; (§150)
harm of an incompetent president, sin of deciding by origin of
claimant, sin of delivering an Iranian to a foreigner; gifts of
the righteous, controversy with apostates, necessity for maintaining
the truth, sin of occasioning schism, injustice produced by the
evil spirit, complaint of aristocrats condemned for taking bribes,
the just judge; (§160) possibility of reaching heaven, true
and false justice, learning the Gathas, Hadokht, and Washtag;
greatness of the law, kinds of property not to be taken as security,
ten friends differing, and much other adjudication (20)
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| 16. |
- First section: the thief, his arrest,
sin, punishment, and ransom, pinioning and fettering, imprisonment
at expense of privileged accusers; kinds of theft, theft with
plunder, injury, and in confederacy; shares in theft, assisting
a thief, theft by women and children, property to be preserved
from thieves; (§10) testimony of thieves, rewards, difference
of theft and plunder, property to be restored to its owners, protectors
of thieves (21)
- Second section of the same is miscellaneous:
authority for inquiry into sin of a relative, teaching and sin
of children, not killing in war, property of a slain soldier,
weapons not for women, children, or foreigners; a woman's treatment
of two men, supplies found by a warrior, property inexpedient,
delays of a judge; (§10) improper decisions, duties of judges;
(§21) fitness of women and children for judgeship, aiding
a disciple, supremacy of Rashnu, property in trust, consistency
of actions, congregational actions, misuse of the law (22)
- Pasush-haurvastan section of the same:
selection and efficiency of the shepherd's dog, preparations for
him, his duties; (§12) characteristics of sheep, way to the
village, when starved the dog may kill a sheep, stray sheep and
dogs; treatment, punishment, instruction, and peculiarities of
the dog (23)
- Storistan section of the same: sin of
injuring cattle, beasts, and sheep; branding, making a dog dumb,
plucking birds, spoiling fish, beating cattle, leather and woolen
clothing, sin of burning it, good works lead to heaven, and sin
to hell (24)
- Arjistan section of the same: value of
property, animate and inanimate, and of preserving the righteous;
damaging the sacred fire (25)
- Aratestaristan section of the same:
destroying wolves, two-legged
and four-legged; supplies, equipment, and horses for warriors;
training of horses, efficacy of warriors, sin of a warrior's village
on account of a battle, armor, officers and troopers, number of
troopers; (§10) supplies for two warriors, medicinal herbs
and accouterments, feeding warriors on day of battle, wealth of
the enemy, friendship and devotion of warriors, the general and
his strategy, requisite horses to be seized, sentinels; (§20)
demonstrations, altercation with enemy, speech to troops, conciliating
and encouraging them, religious rites before the battle, reserves
who keep the stores and prisoners, refreshment and return of stores
after the battle (26)
- A miscellaneous section of the same:
a warm bath, exertion
of a horse, precautions with regard to fire when cooking and traveling,
picketing a horse, food of men, fire, and cattle; hospitality,
clothes, a street-keeper; (§10) providing in summer for the
winter, reaping, union for good purposes, produce of plants and
animals, property of nobles and the multitude, envy among animals
and people (27)
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| 17. | Husparum Nask (legal)
- Aerpatistan section:
providing for a priestly assembly, the
priest and his disciple, district priest to be appointed, five
dispositions of priests, inquiry into concealed parentage of a
priest, his accountability for sin, worry in forming a priestly
assembly, relative superiority of priests (28)
- Nirangistan section of the same:
ritual and priests for the
ceremonial, the sacred cake, abstaining from wine, recitation
of Avesta, the ceremonial when the priest is a Tanapuhr sinner,
priesthood of a woman or child, he who is cursed, season-festivals
and periods of the day; (§11) sacrifice of a sheep, stations
of the priests, the perfect ceremonial, sacred shirt and girdle,
sacred twigs, firewood, ceremonials of various grades, celebrations
of the ceremonies; (§21) cleanliness of the celebrator, place,
and apparatus; ceremony of the waters, and other particulars;
families of Zartosht, Hvov, and Vishtasp (29)
- Goharikistan section of the same:
superiority; selling property
of another, cattle, slaves, and without warranty; (§9) houses
and clothing used during contagious sickness, fatal or otherwise,
family alliance with foreigners, sheep of good breed (30)
- A miscellaneous section of the same:
stealing, religious instruction,
oppression and deceit, reducing liberality, limit of a wife's
liberality, a bride going to her husband's house, quarrels in
wedlock, menstruation, foreigners seeking wives; (§9) birth
and care of a son, injurious things that must be kept, those who
must not punish, rejoicing and gifts at a birth, naming the child,
breeding sheep and dogs; (§20) fees for priestly duties,
guardianship of a child, sickness from evil eye or touching a
menstruous woman, fearfulness, supplies, produce of property,
duties of judges; (§30) creation and production of corn,
excitement due to blood, ownership, land-grabbing, supplies sold
in distress, supremacy of sin, atonement for various sins; (§42)
the oppressor, greed, the weak man should be good (31)
- Another section of the same: about an ordeal (32)
- Another section of the same: mad animals and their care (33)
- A miscellaneous section of the same:
amassing property, arranging
marriages for one's children, portioning daughters, righteous
gifts, an Iranian vainly asking reward for assisting foreigners
in battle, offering up of water; (§10) best and worst actions,
heinous sins, various sins, assisting foreigners, destroying plants,
digging a grave, clothing a corpse; defiling fire, water, or people;
about water, damage by water or fire; preventing misery and adversity
(34)
- Another section of the same:
seeking and begetting a son,
conception, tokens of sex, development of fetus; period of gestation
and birth, period of determination of sex, childbirth and care
of child; (§10) periods of gestation in various animals,
spiritual perceptions of the child, habits tending to beauty,
evils of unnatural intercourse and adultery; increased and diminished
vigor of the female and male, respectively (35)
- Another section of the same:
ownership and litigation about
property; earnings, family guardianship and income; about wives,
adoption, partnership of brothers, inheritance, and giving in
marriage (36)
- Another section of the same:
daily food of men, women, children,
and dogs; religious conversion, association of various kinds,
sins of falsehood and extortion, atonement for deprival of food,
necessary debt; (§14) physicians, medical treatment and fees;
(§30) suitability for trust, unauthorized dwellings, boundaries,
testimony of the orthodox and heterodox, priestly dwellings, abode
of fires, water oozing and flowing, works on a frontier; (§40)
sheep trespassing, animals' food, distance of house from river,
grazing sheep, felling trees, slaughtering, defensive clothing,
migration during war, waters reverenced by a traveler, obedience
of disciple to priest; (§50) frontier war, various advantages
(37)
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| 18. | Sagadum Nask (legal)
- One of the first 30 sections:
future reward and punishment,
necessity of seeking the good law and scrutinizing actions, noticing
a fire, intentional injury, extent of the fire's light, size of
its sanctuary door, care and food of a new-born child, keeping
a cooking-pot pure; (§11) proper bed-places, curing defective
sight, workmen and women, giving no food thrice and four times,
care of anything pointed and of all utensils, injury by a door,
washing the head and shaving; (§21) custodians and rules
of a market, giving forth pointed things and victuals lawfully
and unlawfully, horse-courses and maneuvers, admitting listeners,
making and tying the sacred girdle, scratching with the nails,
care of fire when traveling; (§29) panic at night among warriors,
marching in fear or fearlessly, demanding a share, care of firewood,
warming bull's urine, selecting pasture, farm-houses, interference
with the seizure of cattle, hanging things up, stabling horses;
(§40) cutting trees, washing clothes, walking in, passing
through water, canals and fords; (§52) two warriors marching,
sin of eating on the road, remedies for cattle, their breeding,
removing an ox that steals hay, danger from ill-omened speaking,
a father's sin owing to his child's misbehavior; (§60) gathering
medicinal herbs, feasting with idolaters, atonement for starving,
ordeals, religious secrets, evil-speaking to others' wives, extent
of communities, habits of Frashostar and Jamasp (38)
- Hachidakanistan section of the same:
sequestration of property,
sheep, horses, cattle, and their young, milk, and wool; their
shelter and ill-treatment; (§11) handing over sheep to the
sequestrator and his responsibility, a free sheep among those
seized, the killing of a seized sheep, particulars of a seized
animal to be stated when it is kept with others, care of a man
wounded in slaughtering, gain of a sequestrator of animals in
various circumstances; (§17) treasure found in various places
and at various depths of earth and water; (§24) nourishing
a seized sheep, disputes as to its identity, keeping it in the
mountains, and other details (39)
- Ziyanakistan section of the same:
duty of protecting animate
and inanimate existences, and sin of injuring them; a damaged
gift or animal, inanimate property and its increase, merit of
not rejecting a damaged article (40)
- Vakhshistan, one of the last 22 sections of the same:
atonement,
compensation, active and existent increase, increase upon increases,
righteous gifts, interest simple and compound, how loans are treated
on the death of lender or debtor; (§10) retribution, penalty
for inefficient breeding of animals, animals' milk and hair, males
preferable to females, an injured camel, improved dog or pig,
buying up supplies too much; (§20) giving away necessary
clothing, penalty for deprival of food, litigation about debts,
unauthorized supplies, multiplication of sheep and other details,
loans and repayment by installments, seizure of slaves to work
off a debt; (§30) seizure of a cloak or a water-skin, increase
of grains and sheep, seizure of clothes and implements, produce
of land and ornaments (41)
- Varistan section of the same:
trial and execution of a wizard, trial by ordeal, and particulars about ordeals (42)
- A miscellaneous section of the same:
assistants, wealth causing
imprisonment, confession, disciple and master, penalties, sins
owing to the wrathful, an unjust judge and one of long experience;
(§10) a daughter controlled by parents and one without a
guardian, bequeathing property, sin of declining adoption, property
of a liberal man and of a damsel, a damsel taken by an idolater
and offered to a Mazda-worshipper, a mother being guardian of
her son's father, providing a high-priest; (§20) sin of not
providing a husband for an adult daughter, inadvertent sin, worst
demon-service and sins, furtherances and destroyers of the world,
truth that is wicked, driving spiritual benefit from the world,
three kinds of righteous men, sin of defiling water and fire;
merit of removing dead matter of men, dogs, and reptiles from
water; reptiles may be killed in water, but must be removed to
gratify the earth-spirit and vex the demons; (§30) a well-managed
drinking-party, the sin of him who leaves it uproariously, animals
produced from the sole-created ox, offerings to the sacred beings;
injury to the world by fiends, idolaters, and wolves; the necessity
of destroying them, advice not to reverence the evil spirits,
nor to chatter unseasonably, the advantage of the ceremonial of
the sacred beings (43)
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| 19. |
- corresponding with the contents of fargards 1-11, 13-22. (44)
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| 20. |
- 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 (45)
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| 21. | |
Nask 15: Nigadum (legal)
Section 1: Patkar-radistan: misery from
sin and assault, kinds of assault and magisterial inquiry, (§13)
punishment without inquiry, counter-assault (16)
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1. The beginning of the law is the Nigadum1 of thirty
fargards.2 2. The section Patkar-radistan ('magistrate code')3
is about this, that the ruin and misery (ayoyakih)
from the destroyer, for mankind and animals, occurring really
apart from the spiritual existence have arisen through
the sinfulness even of mankind; and the progress of ruin
and misery in the world is owing to unauthorizedly assaulting
one another. 3. Advice to mankind about abstaining therefrom,
with an estimate of an authorized assault, and, again,
for a slight assault and no assault. 4. To stand magisterially,
even opposed to the un-magisterial, with freedom from hurt and
loss to oneself; and to abstain altogether, likewise, from the
most innocuous (anakhrugunotum) assault even upon an unmagisterial
person.
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1. Corresponding to the fifteenth word, khshathremcha, in the
Ahunwar, according to B. P. Riv.; but it is the sixteenth Nask
in other Rivayats. This name should probably be Vik-ait-tum, meaning,
'the most separate concerns,' as the Nask refers chiefly to public
law; but it is called Niyaram or Niyadam, in the Rivayats.
2. The Rivayats say fifty-four kardah, which number may have
been obtained by adding the 'twenty-four particulars,' mentioned
in Chap. 20.1, to the thirty fargards stated here.
3. The patkar-rad, or settler of disputes, appears to have held
a position somewhere between an arbitrator and a Judge, and which
may be approximately defined as that of a magistrate.
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5. In all magisterial investigation (patkar-radih) -- of which,
when the custom that: exists is established judicially, the substance
is two statements, which are verbal and demonstrable, that subsist
in different combinations -- there are four species: the
verbal and demonstrable, the verbal which is not demonstrable,
the demonstrable which is not verbal, and that which
is neither verbal nor yet demonstrable. 6. In the arguments (saman)
which are allotted as verbal are four species, the dispute
having different arguments and different assertions
which are for unmagisterial investigation, for one's own priestly
authority (rado), for another good man -- three of such- being
requisite [4] -- and also for other evidence [5]. 7. And in those
which are allotted as demonstrable are six species, and
for an unmagisterial person the assertions, like the previous
species which are on the same subject, are twelve [6]. 8. Of all
unmagisterial proceedings -- which, though it be a custom, is
to proceed unauthorizedly -- the species are five [7], which consist
in having demonstrated, getting upon, striking [8], having
caused a wound, and having slain.
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4. Evidently referring to arbitrators with an umpire.
5. Reading hano gokayih, but hano is an unusual form. Perhaps
agokayih, 'want of evidence,' would be more suitable to the context.
6. So the MS., but 'four' would suit the context better, and
the two Pahlavi ciphers do not differ much in shape.
7. These five grades of unauthorized retribution are analogous
to the five grades of personal outrage mentioned in Vd. 4.17.
8. Pahl. zatam, 'a blow, assault, striking,' is used throughout,
instead of zakham (Pers. za'km), which latter word does not occur
in these two books of the Denkard, except in the form zakhamihastano
in Bk. 9, Chap. 8.6. The Farhang-i Oim-aevak also uses zatom in
the same sense, in its oldest MSS.; and Dd. 5.1 has zatam. Darmesteter
suggests that zatam and zakham are both traceable to an original
zathma, or zathema.
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9. Of those subject to the magistrate (patkar-rado-homond)
the twelve species are divided into four sections of three each.
10. One section are the hearing who are seeing, they to whom a
dispute which is verbal [is demonstrable; the hearing who are
not seeing, they to whom a dispute which is verbal [9]] is not
demonstrable; and the seeing who are not hearing, they to whom
even a dispute which is demonstrable is not verbal. 11. And with
these three, who are in one section, there is magisterial investigation;
and the magistrate, unless (bara hat) [10] risk for the body be
certain, is then irresistible: which is as though it be said
that to restrain by wounding (resh) is not justifiable,
but the decision therein is this, that, when they do not
change through lawful litigation, and they cannot hold back without
wounding, it is justifiable to keep them back even by wounding.
12. One section are the not hearing who are also not seeing, the
women, and the children; and with these three, who are in one
section, there is no magisterial investigation; and the decision
as to the bodies thereof is this, that, unless risk for
the body be certain from their complete change, they are
then to be completely changed (bara vardishno). 13. One section
are the foreigner and him worthy of death, certain of thereby
producing a sentence for being executed from the judges;
also the highwayman, when he stays on the highway and his
destruction is proclaimed, but it is not possible to effect
it. 14. With these three, likewise, who are in one section,
there is no magisterial investigation, but the decision about
them is even this, that when one is utterly destroying
their life, one is thereby possessing merit. 15. One section
are they who are walking, or coming upon one, unseasonably,
or retreating confused into a rugged place, and, when
people ask them to speak, they are giving no answer,
and they are not suspicious as foreigners. 16. With these
three, likewise, who are in one section, there is no magisterial
investigation, and the decision about them is this, that when
one kills them outright, one does not become sinful
thereby.
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9. The words in brackets are omitted by mistake in the MS.
10. The ambiguity, mentioned in the latter clause of this section,
appears to lie in these words, which mean either 'but if' or 'only
if.' Such ambiguity must have existed in the original Pahlavi
text of the Nask, and probably indicates that the earlier part
of this section is a summary of the Pahlavi version of the original
text, while the latter part is a summary of the Pahlavi commentary
upon that version. As the same ambiguity occurs, without comment,
in § 12, where the meaning seems tolerably certain, it is
doubtful if the commentator's opinion can be adopted.
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17. As to whatever is on the same subject it introduces
many opinions, and also this, that a counter-assault (avaz-zatam)
is that which becomes a blow and wound, and is to be so committed
when it is possible to produce them again exactly in every
single particular.
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Section 2: Zatamistan: assault and its
consequences, begging and beneficence, perversion, using weapons;
conflict through assault, tumult, false-teaching, starving, spells,
and threats, by men, women, and children; ill-treatment of slaves,
compensation the only atonement, responsibility of fathers for
crimes of children (17)
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1. The second section is the Zatamistan ('assault code'), particulars
about assault (zatam) and the annoyances (veshigano) from assault,
such as pain, blood, and unconsciousness; also the
sin [1] that a man may commit in a state of unconsciousness. 2
About the seven kinds of symptoms of unconsciousness, and separate
decisions about assaults that adults may commit among those who
are children; also as regards an assault which proceeds to pain
and blood, and as regards that in which the duration of
the disposition of wrath abates the pain and blood.
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1. Involuntary violations of the ceremonial law.
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3. About begging (khvahishno) and beneficence (hu-dahishno)
[2], such as those of which one says in particular there
are four species: when stinginess (pushih) benefits pride
(piko) when pride benefits stinginess when stinginess benefits
stinginess, and when pride benefits pride; and there are
three other species that originate from these last two,
in consultation together, when stinginess and pride benefit stinginess
and pride, when stinginess and pride benefit stinginess, and when
stinginess and pride benefit pride, all which, together, constitute
the seven primary species; many others, too, are traced back to
these. 4. Also about seeing the depravity (khang didanô)
of a perverting member of the community (kastar dahm) and of the
perverter of a member of the community, and whatever is on the
same subject.
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2. The terms used in this section are not quite certain.
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5. About a weapon seizable, and a weapon one brings, there
is this, namely, what is the thing which is imperfect (anasporik)
as a weapon, what is that which is not, and what is that which
is welcome as a weapon; what is that which, when any one forces
it back at any one as a weapon, is itself something annoying to
him; what is his natural annoyance and what his imparted; and
the penalty in property and difference of sentence on a man
who is carrying a weapon, due to any weapon he has to carry
away.
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6. About the six modes of engaging in conflict: through assault,
tumult (khvashishnô) [3], false teaching (mitok-sastô)
[4], giving no food (atapdadô) [5], speaking with wizard's
spells [6], and speaking with threats of danger [7]; and, where
there is an engaging
in conflict, it then occurs when one has stood up for beginning
it and the assault is committed, on one by the other, and not
before. 7. And this, too, that engaging in conflict occurs as
regards adult with adult, childless women with childless women,
pregnant women with pregnant women, and children of seven years
with children of seven years -- but, as regards children of seven
years in sight of their fathers, it becomes an engaging
in conflict of the fathers -- and the decision about it is this,
that the atonement for every sin which may be committed through
engaging in conflict goes to the priestly authorities.
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3. Pers. `hashish. Farh. Oim, p. 34, ll. 6-8, has 'Av. vâiti
= Pahl. khvashishnô is that when one runs behind any one
for offensiveness.'
4. Farh. Oim, p. 35, ll. 1-4, has 'Av. mithôsâst
and its explanation "false teaching" are that when one
teaches a false way to any one; even when he unaccustomedly shows
it rightly to any one, it is a committal of Mithôsâst
by him.'
5. Compare Pers. tabah, tô, tôî. Farh. Oim,
p. 38, ll. 2-4, has 'Ataftdâd is that when one keeps back
food and drink, whereby there is hunger and thirst.' It is worthy
of death (see Chap. 20.97).
6. Farh. Oim, p. 34, ll. 3-5, has 'Av. yâtukhta, through
wizard's spells (yâtûk-gôbishnihâ), is
that when one shall speak thus: "I will destroy thee through
witchcraft;" when one says "through the spirits' lack
of good religion' it is of the same kind.'
7. Farh. Oim, p. 34, ll. 5, 6, has 'Av. dudhuwi buzda, threats
of danger (saham-numâyishnîh), is that when one speaks
thus: "I will strike with worldly weapons."'
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8. About the affliction of a pure lord who sees any one
who has been useless (abûn) unto his slave,
though the slave is beseeching, and does not contend for his
ownership. 9. About sin affecting accusers [8] not being atoned
for by any other good work, except unto the accuser himself; also
about the slaying of a servant together with his lord,
and whatever is on the same subject.
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8. A sin which injures another person, or any good creation,
who must be satisfied by compensation before the sin can be remitted.
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10. About slaying by untaught children of seven years,
or even of eight years in sight of their fathers;
and the criminality of the fathers therein, when it is possible
for them to hinder it and they do not hinder it and when it is
not possible for them to hinder it.
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Section 3: Reshistan: kinds of wounds,
scourging, 76 members of the body, effects of assaults, modes
of assaulting, description of a wound and the weapon, curing wounds
(18)
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1. The third section is the Reshistan ('wound code'), particulars
about cutting, tearing, cleaving, disemboweling, stabbing, gnawing
[1], rupturing, hacking, mutilating, and withering [2]; such as
are all called wounds. 2. The upheaving circular movement of a
certain serpent-scourge [3], the throwing down of the person,
and the flow of blood from the bodies of the people.
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1. Or, perhaps, khvâyishnô (compare Pers. `hâyîdan)
may mean 'biting.'
2. The last four terms are, in Pahlavi: shkônishnô,
khûrdô kardanô, tâshidanô, and khûshînîdanô.
3. The mâr-ganô (Av. khrafstraghna), we are told
in Pahl. Vend. 18.6, may be made of anything, but a
leather one is good' (see also Bd. 28.22). Intended as a snake-killer,
it was misused as a scourge for human beings.
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3. How the various members are divided into seventy-six that are
more particularly called principal, which are comprised in two
classes; two of these, which are clothed and different,
one from the other, are female, and some out of the surrounding
parts (girvôgânih), which are apart from eight
of the principal, that are comprised in the members of the two
classes and among those seventy-six -- and which, in like
manner, are different one from the other -- are female, and are
of different purpose and different design, one from the
other.
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4. These, too, namely, when any one, through an assault, produces,
for any other, stupefaction, swelling, or leanness, blackness
[4], or paleness, shortness, or tallness, want of intelligence,
much eating, little eating, or moderate eating, indolence, or
diligence, or dullness of hearing; or he wishes to speak some
words, and they strike him in return; or one altogether
diminishes any one's speech, sight, or hearing, wisdom,
strength, or semen, milk, or pregnancy; or when one destroys
the spleen (spur) or milk of females, or, in revenge (gifar),
kills his son outright; or when they would inflict a wound
upon a wound, and one's blood goes streaming forth.
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4. Assuming that vêshîh, 'excess,' is a miswriting of siyahîh.
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5. Also about an assault with one, two, or three weapons, or more,
in conjunction; or they may commit it on the spot, or in
confederacy, or as a first offense [5]. 6. About the measure of
a wound when a two-edged sword (dôbarakô) plunges
down, the area (sarâî), walls, and surroundings, and
the shape which is plunged; that which is hacked, or cleft,
or mutilated, or a torrent of blood streaming; the affliction
(vamang) of the furious serpent-scourge (mârvanô)
[6], and the length, glitter, and weight of the weapon.
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5. These three modes are expressed by Paz. ithrih, hidhih, and
apavarâvarshtih, which stand evidently for the original
Avesta words ithra, hadha, and apaurvavarshta (see Chap. 21.6).
6. See § 2.
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7. The ritual for the departure of a wound and the departure of
pain, watching over it for the duration of three nights
or a year, its greater wretchedness or less wretchedness,
its cure (sporîkîh) or incurableness, and whatever
is on the same subject.
8. Trivial enumerations, and decisions upon each separately.
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Section 4: Hamemalistan: accuser's code
(19)
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1. The fourth section, which is also called the law of the Hamêmâlistân
('accuser's code'), contains particulars about accusation,
and about the false accusation by any one, regarding any other,
as to witchcraft, destroying a righteous man [1], theft,
plunder, injuring the existence, minor injury [2] as regards several
particular things, taking up a weapon, threatening with
it [3], assault, tumult [4], incarcerating [5], false teaching,
fettering, making dejected (nigûnô), giving no food,
falsehood, speaking with wizard's spells, or with threats of danger,
abstracting the increase of laborers' wages, wishing to cut (vurîdanô)
and squeeze (pashkhâdanô) anything from anyone,
and seizing (majîdanô) it for fire and water,
and whatever is on the same subject, 2. Also about the
limitation of the accusation of sin therein, the retribution for
it, and the dust, or ashes, or flour, for the eyes and the rest
of the bodies of human beings, it now [6] speaks henceforth for
thirty successive heads [7].
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1. Pahl. aharûbôkîh (= Av. ashavagha) must
not be confounded with aharûbôîh, 'righteousness'
for which aharâyîh is more commonly used.
2. These two kinds of injury, usually written bâîôdôk-zêdô
and kâîtyôk-jadô in the Denkard; are mentioned
in Farh. Oim, pp. 32, l. 8-34, l. 2, as follows: 'Av. baodhajad
= Pahl. bôdô-zêd and Av. baodhô-varshtahê
= Pahl. bôdôk-varsht are, as it were "observantly
assaulted," and one mentions them most about the assault
and injury of anything which is noticeable. Through falsehood
other noticeable sin is small, and is subdued through being devoid
of an injurer, as the assault and injury of anything through wear
is a small sin. Kâîtyô-jed is a sin for mankind,
which is a degree of Bôdôk-zed, but less; so also
the decree (dastînak) is different from Bôdôk-varsht
The principal Bôdôk-zêd, that of animals with
observance, the Bôdôk-zêd through wear, and
the Kâîtyôk-zêd sin towards people are
sins which are hamêmâlân ("affecting accusers").
The dissipating weapon for sin dissipates the sinfulness of the
other sin, which is called rûbânîk ("affecting
the soul").'
3. These two terms are âgêreptô and avôîrishtô
(Av. âgereptem and avaoirishtem) which are thus described
in Farh. Oim, p. 36, ll. 4-6: 'âgerept, "seized,"
is that when they shall take up a weapon for smiting an innocent
person; avoîrisht, "turning," is that when
one turns the weapon upon an innocent person.'
4. See Chap. 17.6, for some of these terms.
5. Pahl. handerêtô which is thus described in Farh.
Oim, pp. 34, l. 8-35, l.1: 'Av. handereiti, Pahl. handeretô,
is that when, owing to negligence, one keeps any one exhausted;
when one would make him fallen who is of the ruined, or him who
is a master of arms, and has imprisoned him, the causing
of much anguish thereby is the committal of incarceration.' see
also § 44.
6. Paz. knîn (= knûn).
7. Of which the details are not mentioned.
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3. About the sin of making people eat bodily refuse [8], and
bringing it unlawfully to their persons or clothes; and
of going to a menstruous woman, or a wizard. 4. About a juvenile
and well-behaved woman who comes out from a house of those of
the good religion, and is considered as well taught. 5.
About falsehood and slander, small and great, and
whatever is on the same subject. 6. About the care of a pregnant
woman in lawful reclining (khapâk), feasting (jashnô),
and work.
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8. Pahl. hîkhar (Av. hikhra) is any refuse or dirt from
the living body, or any liquid exudation from a corpse.
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7. About a householder who does not teach his own household, in
order to teach the household of another; and whatever
is on the same subject. 8. About a quiet and an unquiet
person with equal opinionativeness, and the opinion which
they have to form before beginning. 9. About the expediency
or inexpediency of the opinion which is announced, and
the reason of both. 10. About the man who, for fear of a counter-assault,
runs away.
11. Also about not renouncing sin, neglecting complaints,
and whatever is on the same subject.
12. The difference of sin in priests from that in any one else,
as regards its renunciation. 13. About the expediency of retribution,
and the measure of the expediency. 14. About and to what extent
is the authority of one's own priestly master, for allowing the
sin which any other person may commit as regards a disciple of
that same, and that, too, of his disciple affecting the soul.
15. About the chastisement of a judge who is releasing sinners,
and whatever is on the same subject. 16. About the justifiableness
of a plaintiff in committing illegality. 17. About seizing
the purity produced for foreigners, and whatever is on the same
subject. 18. About one worthy of death making supplication
(lâvakô), cooperation with one worthy of death, and
whatever is on the same subject. 19. About confession as regards
anything, the object of confession, and whatever is on the same
subject. 20. About exhibiting a liking for sin worthy of death.
21. About a blow with a weapon, which is incomplete or not incomplete,
when adults or children shall inflict it, or when children with
mutual assistance. 22. About a wounded person whose anguish
was allayed by medicine, the arising of the anguish again
from disease, when he died, and whatever is on the same
subject.
23. About taking security (garôbô) from the defendant
after the decree of the judges. 24. About the legal proceedings
as to an offense when, owing to the incapability of the
plaintiff, adjournment has always occurred, and a man would occasion
an acceleration of the statement of law (dâdô vâch)
and of the procedure of the plaintiff. 25. About appointing
a mediator (dâdak-gôbô), and the object
of mediation.
26. About an assault (zatam) which is altogether of furious (pûr-tâk)
origin. 27. And about a harmless (âzad) assault and
striking back fairly to test a weapon, and, when it is
not possible fairly, turning it into execution of duty, or giving
of scars (pishanj-das), or punishment; a statement of the change,
and whatever is on the same subject. 28. About the limit of the
punishment of a child for the sin it may commit 29. About
seeking an interpretation (pâdô-khân), the limit
of interpreting, and whatever is on the same subject. 30. As
regards a signal of approving the words of any one, on
passing away, are these -- About giving up anything, making a
will about it, and renunciation of sin.
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31. About committing an assault upon an unknown person
at an indefinite time, and whatever is on the same subject. 32.
About giving a weapon and telling someone to kill
a foreigner who is taken for judicial investigation, and whatever
is on the same subject. 33. About the great hinderers [9] who
are slain by a righteous man, who the great hinderers are, and
unto whom it occurs; when one has to command it as assistance
for one or many, or they shall commit the assault in advance or
afterwards, and whatever is on the same subject. 34. About
the weapon they shall seize it is stated thus: 'I see a
man and a sheep, I strike upon this and upon that, and
it is gone:' and whatever is upon the same subject.
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9. Doubtful: the word can be read freh-gasîgân on
its first occurrence, and freh-gashîgânô on
its last; but both reading and meaning are very uncertain.
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35. About petitioning, and the going of a frontier governor
(mar'zhpân) to the feet of tyrants (sâstârânô)
to speak of regulations, and whatever is on the same subject.
36. Where and when one strikes a living person he
vexes him, and the living person he strikes vexes
him when dead; but he who strikes a dead person
is vexed alive, and the dead person he strikes vexes
him when dead; and whatever is on the same subject.
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37. As to wood and useless pith (dîl), that which is for
keeping is as far as a dimension that is mentioned, and one,
therefore, passes it by not to burn concerning also
that wood which is only for the blast of a furnace (gûrîh
zîgâ) as firewood, the burning and dimensions
and blast of the furnace are stated, and whatever is on
the same subject. 38. About the sin through which a man attains
from atonement to the sacred-twig [barsom] ordeal (baresmôk-varîh),
and from the sacred-twig ordeal to the heat ordeal (garemôk-varîh)
which has maintained the worthiness of an assault that
is an actual inexcusability (achârîh) [10] to reasoning
thought; and whatever is on the same subject.
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10. It might be 'inevitability,' but this would render the ordeal unnecessary.
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39. About the excellence of physicians, their merit from
doing good, and sin from not doing good; the quality that
exists as regards medicines, seeking a physician for animals also,
and whatever is on the same subject. 40. About a horse,
which is new to the saddle (kôfak), being made tailless
(kapeh) and not feeding (akhavânô), how it is done,
the sin owing to doing it unlawfully and heedlessly, the wound
and damage that arise from it, and whatever is on the same subject.
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41. About several persons, when anything that is imperfect, or
even not imperfect, as a weapon is convenient to them, and a wound
occurs, and it is not evident which, or who, threw the weapon,
it is not necessary to know its imperfection or lack of
imperfection [11]; and whatever is on the same subject.
42. About the three modes for thrusting a weapon are these details,
that is, so much of it when one thrusts it on ground
that is hard, or soft, or full of ruggednesses (âchârîgânakô);
when one shall bear it up aloft, and the amount of the
height; and when one impels it again with a sweep,
or has to draw up its center at the time of a sweep; and
whatever is on the same subject. 43. About an assault and
the most hurtful occasion when, for the same reason, they
would celebrate a religious rite; the retribution on the spot,
and the sentence upon the fourth occasion [12].
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11. The fact of the wound being sufficient to prove the unlawfulness
of using the weapon.
12. According to Vd. 4.35, if a man wounds another so that the
blood comes, and does this for the fourth time, he becomes
an outcast and receives the maximum punishment. Also, when a person
walks without the sacred girdle or shirt (Vd. 18.59), it is at
the fourth step that the demons possess him.
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44. About incarcerating (handerêtô) in a frightful
and inaccessible (avidarg) place, and among noxious creatures;
the quantity of noxious creatures, and whatever is on the same
subject. 45. About grasping the tail of an ox, or a horse, on
which another sits, to hold it back, and whatever
is on the same subject. 46. About threatening danger, wizard's
spells [13], and whatever is on the same subject.
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13. See Chap. 17.6.
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47. About plaints as to the value of a lamb [14], or a sheep [15],
or a beast of burden (stôr), or a human being (vîrôk)
[16]; either when the plaintiffs are one, or two, or three, or
four, or many; how one has to summon the defendant, and
how much time there is. 48. About when the controversy (han-bêshinîh)
is as to theft (dûjô), and the confession as to plunder
(avor); or the controversy is as to plunder, and the confession
as to theft; and when the controversy is as to injuring the existence
[17], and the confession as to minor injury; or the controversy
is as to minor injury, and the confession as to injuring the existence;
and when the controversy is as to theft and plunder,
and the confession as to injuring the existence and
minor injury; or the controversy is as to injuring the existence
and minor injury, and the confession as to theft
and plunder. 49. And when the controversy is about so much,
and the confession about so much of a different
kind; when the controversy is about so much, and the confession
about more of a different kind; when the controversy is about
so much, and the confession about less of a different kind;
when the controversy is about so much, and the confession
as to more of the same kind; and whatever is on the same
subject.
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14. Pahl. Av. asperenô (= Pahl. anaspôrîk)
'imperfect, immature;' an epithet for a lamb or kid.
15. Pahl. anûmôyê (Av. anumaya), probably 'bleater,'
an epithet for a sheep or goat.
16. These four grades of value are mentioned in Vd. 4.48.
17. See § 1.
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50. About the sin of unfriendliness of a master towards a disciple,
and whatever is on the same subject 51. About taking a
thief of any one's goods (aîshîgânô),
conducting him to the judges, and what ever is on
the same subject. 52. This, too, that when affliction has come
upon a good man, the effort of every one, for removing
that affliction, should continue just as though it happened to
himself. 53. And when a good man is beaten through malice,
the effort of every one, in demanding compensation for him from
the smiter, should continue just as though it happened to himself.
54. And this, too, that, when there is no danger for one, the
power of affording assistance is thus assistance of the innocent;
and, as to the property which may be carried away from
him, and of which they shall make no restitution, after
as much as a Hasar [18] the carrier off becomes guilty
and liable to penalty.
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18. A Hasar (Av. hathra) is a measure of distance, as well as
of time. This is stated in Farh. Oim, pp. 41, l. 11-42, l. 3,
thus: 'Of the Hasar there are also several kinds that express
measurement. A medium Hasar on the ground, which they call also
a Parasang, is a thousand steps of two feet which have to walk.
With the lapse of time of a medium Hasar the day and night are
computed.' Again, p 43, ll. 1-3 state that 'of twelve Hasars is
the longest day; that day and night in which is the longest day
are twelve of the longest Hasars, eighteen of the medium, and
twenty-four of the least.' From this it appears that an average
Hasar of distance is a thousand paces, or Roman mile; and an average
Hasar of time is one hour and twenty minutes.
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55. About the distinction of indigenous and foreign (aîr
va anaîr) thieves as to cold and the clothing given, and
as to sickness and undergoing remedies. 56. About the
hands of a foreigner being unfettered for no other reason
but care of water and fire, to preserve them from blood,
filth, and injury (âsipô). 57. About the sin of not
restraining him who is the first assailant of two combatants,
as soon as his attack is seen. 58. About teaching the peace of
renunciation of sin, the bond of worthiness of him of
great power even when proffering union in renunciation with
him of little power, and whatever is on the same subject.
59. On the nature of responding about the keeping away from
one worthy of death which arises through great judiciousness,
the reason of keeping, how to keep, and whatever is on
the same subject. 60. And on the nature of responding when they
ask in malice about a righteous man, when one knows his
whereabouts, and when one does not know. 61. About
how one is to give a weapon to generals (hên-gô-padanô)
and august frontier governors.
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62. About authorizedly shooting an arrow at one worthy
of death, which is given again for killing him to any one
unto whom the person worthy of death is consigned and
becomes supplicating (lânakô) and goes
to the middle of the distance, and they shall afford him assistance
and enervate him for it, when, through the
three words [19] which he utters, they do not deliver him up
again. 63. About one worthy of death who is preserved with
great judiciousness when the evidence, which they give before
that about him, is through another one worthy of death,
and whatever is on the same subject. 64. About evidence
as to witchcraft and destroying a righteous man, that is,
in what proportion it is certain or doubtful. 65. About causing
the execution of one worthy of death for entertaining fondness
for witchcraft and laughing at witchcraft, and whatever is on
the same subject.
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19. Possibly humat, hukht, huvarst, 'good thoughts, good words,
and good deeds,' which would be accepted as a sign of repentance.
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Section 5: (20)
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1. In the fifth section are twenty-four particulars [1] about
the standing up and going forth of a man with a weapon and angry
thoughts towards another man; and also when he takes a
beast of burden, saddles it, and sits upon it, takes the
rein [2] (ayôkham) in hand and walks away; this,
too, that, when he arrives there, he smites that man, or
some one else and whatever is on the same subject. 2. About what
one has to do when the conversation of two men is of
the destruction of a righteous man, of high way robbery,
and of the cursing owing thereto; and whatever is
on the same subject. 3. About what one has to do when,
of two men who are on the same road, one slays a righteous
man ; and about the other when he is fearless, and
when he is fearful. 4. About preserving one worthy
of death when it requisite for medical purposes (bezhashkîh),
though the plaintiff is of a different opinion; and whatever
is on the same subject.
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1. It is not clear whether these twenty-four particulars are
to be sought in the details of § 1, or in the whole chapter,
or some portion of it.
2. Merely a guess.
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5. About the needlessness of plaintiffs and defendants
speaking as to the substance (min tanû) of the law, when
the witness and judge is the supreme priest; the confidence which
they may place in the decision of the supreme priest, due
to his own knowledge and evidence, when, moreover, they have
not to atone in the body; and the want of confidence in
another judge when, moreover, they have to atone in
the body, and the needfulness of plaintiffs and defendants speaking
on the substance (val tanû) of the law, even when the judge
is aware of the law. 6. About unauthorized combatants, become
mutually sinful, when, to dissipate (sîkhtanô) a wound
of the one, he would make the other one worthy of death.
7. About supplies (pishôn) [3] in traveling together, and
their renewal; and whatever is on the same subject.
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3. Compare Pers. bishinj, Av. fshaoni. In some cases it might
perhaps be read pîkhvô, and be traced to Av. pithwa.
The word often occurs, as in § 11, Chap 23.3, 15, 26.10,
27.4, 6, 31.25, 36, 37.5, 7, 32, 41.19, 23, 43.19, and its meaning,
'provision, or nourishment' is well ascertained.
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8. About inflicting penalties by magistrates, the assistance of
the unmagisterial given to magistrates, the assistance
of the magistrates, and the exemption of these latter from atonement
to those former; likewise about conversation as to an assault,
and whatever is on the same subject. 9. About the evasion of penalty
by men at the time when a sin may be committed, and the
arrest of their nearest relations being important, in whatever
measure implicated therein and impossible to consider innocent;
how to confine and make them really coerced to seek a remedy,
and whatever is on the same subject. 10. About the powerfulness
which comforts in sin where there is any special worthiness,
and the reason of any worthiness; the want of power where there
is special unworthiness, and the reason of any unworthiness; the
production of the good works of one towards another of the powerful,
and of the sin of one of those lacking power; and whatever is
on the same subject.
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11. About the plaint which one has to argue, and for the defendant
to dispute; the time for making the statement (gôbô)
when the defendant does not come, or comes not to conduct the
business; the several peculiarities of plaintiff and defendant,
the time for conducting being on the day before yesterday, the
firm one and the powerless, the incrimination therein,
the death-blow on the exhaustion of the possessions of the plaintiff,
and provisions for conducting the legal proceedings; a privileged
wife [4] shall be capable of making a plaint for her husband,
and of informing the husband of the plaint; when her property
is anything whatever, and nothing is manifest as to that wealth,
she is to be admitted for evidence; and whatever is on
the same subject.
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4. One married to her husband with the parents' consent, and
never betrothed to another, so that she and her children belong
to him in both worlds (See Bd.32.6 n).
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12. About the ordeal of those who have atoned, of those
undergoing the sacred-twig ordeal, and of those undergoing the
heat ordeal, who are pure; the freedom from falsehood of
which, each separately, which they, every one of them, request
when the ordeal is not that for their own station, but that for
the station of others; and whatever is on the same subject. 13.
About the object of any evidence, and, on account of the reason
of its propriety, the impropriety of any one being without
evidence; and whatever is on the same subject. 14. About the reality
of a statement due to an ordeal, and so many having
gone to the ordeal place for the sake of watching the first-comer
and after-comer; the time of performance, the statement,
the ceremonial and the invulnerability due to it; the kinds of
incrimination, how to protect the limbs by which the ordeal is
accomplished, and each one of the formulas (nirang) of
protection; the superintendence for observing the ceremonial,
and the decision about the acquitted or convicted one.
15. This, too, that is, whose going to the ordeal place is
first, second, third, fourth, fifth, sixth, seventh, eighth, ninth,
and tenth; and by whom is the command to be given. 16.
About the business of the ordeal attendants (var aûstîgânô).
17. About incrimination through confession, or some other reason,
the reliance restored thereby, and whatever is on the same subject.
18. About a thief destroying life and escaping, the suspicion
owing thereto, about any one, as to assisting the thief, and whatever
is on the same subject. 19. About there being no ordeal
for those confessing, and so also as regards those of good repute;
accusation as to the existence of a limit to the good repute,
even that which is for the extent of a Yujyast, a Dashmest, an
Agoyôst, a Tachar, and a Hasar [5] at the least.
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5. The relative lengths of these five measures of distance are
stated in Farh. Oim, p. 41, ll. 9-11, as follows: 'So much as
two Dashmest (Av. dakhshmaiti) is as much as a Yujyast (Av. yujyasti);
so much as two Agoyohast is as much as a so much as two Tachar
is as much as an Agoyohast; and so much as two Hasar (Av. hathra)
is as much as a Tachar (Av. tachara).' As the average Hasar is
a Roman mile (see chap. 19.54 n), the Tachar ('run?') is two,
the Agoyost or Agoyohast ('cattle-run?' Av. gaoyaoiti?) is four,
the Dashmest ('distance-mark?') is eight, and the Yujyast ('stage?')
is sixteen miles. This series of distances is analogous to the
Sanskrit series, but more elaborate; the Hasar is best compared
with the Krosha as the commonest unit of moderate distance, though
less than half its usual length; the Agoyost is nearly the same
as the Gavyuta; and the Yujyast is analogous to the Yojana, though
nearly double its length
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20. About litigation as to a costly article, when a witness of
its possession by the one party is combined with
non-possession by the other one with no witness, or with
its possession by the other one with a single witness; or
the witness of one is with the sacred beings, and its possession
by the other one is likewise not manifest; when both parties
are related (khidyahîk), or both are unrelated (anazdîhîk);
and what kind of possession they say is most real. 21. About annulling
the decision of a judge, and the time it is done at the court
of a chief judge, and also owing to an ordeal for certainty;
and whatever is on the same subject. 22. About the litigation
of three persons as to property it is declared, so much is given
to one on the day Ohrmazd to the day Vohuman [6], to another one
on the day Ardwahisht, and possession is not made over
to the third one at all.
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6. That is, on the first or second day of the Parsi month; and
to the other on the third day.
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23. About selling property which is not one's own, and
whatever is on the same subject. 24. About controversy as to anything
which ought not to occur. 25. About any essential dispute that
any one has, when agreeing thus: 'I do not have it as my
own, but owing to the other person;' and whatever is on the same
subject. 26. About the litigation of an Iranian with a foreigner,
or with foreigners, of a foreigner with an Iranian, or
a slave with a man of the country, as to a costly article;
and whatever is on the same subject. 27. About a much-clamoring
plaintiff having summoned defendants to the judges regarding a
decision, and about the perverted wordiness and mixed verbiage
in the legal proceedings; and whatever is on the same subject.
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28. About the time for a high-priest of property and possessions,
what is the specific necessity for a high-priest, and whatever
is on the same subject. 29. About the fitness of a woman for evidence
and judgeship when guardian over herself, and the unfitness
of a privileged wife [7] who is a foreigner and worthy
of death for only a single offense, even with the authority
of her husband; and whatever is on the same subject.
30. About the owner of a pledge not depositing the pledge beforehand,
and whatever is on the same subject. 31. About giving up
the property of partners, and whatever is on the same subject.
32. About the property that any one possesses, and is without
any witness as to his ownership and possession of it. 33.
About the ordeal of excessive eating (pâûrû-khûrânô)
for escaping distress (mûst-karzhîh) by plaintiffs
and defendants before driving each other into legal proceedings,
and whatever is on the same subject.
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7. See § 11 n.
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34. About the legal proceedings as to a female [8] they steal
from some one, and she becomes a suppliant of a thief; some one
takes her by sequestration (hachîdakîh) [9],
and they steal her also from him; the original possessor (bûn)
sees his own, not knowing she is back alive, when they
become disputing about her; and whatever is on the same
subject. 35. About property which is in the possession of any
one, when someone gives it up to some one else in his sight,
and he does not dispute it. 36. About a master teaching
a disciple not to go back to legal proceedings, and whatever
is on the same subject. 37. About controversy, with any one, as
to special property in righteous gifts, and whatever is
on the same subject.
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8. A slave no doubt.
9. This is the technical term for legal seizure, or sequestration
(see Chap. 39).
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38. About legal proceedings in which one accomplishes an
ordeal three times, and it comes off in one way; and whatever
is on the same subject. 39. About the existence of the many kinds
of speaking with wizard's spells [10], and those with threats
of danger; and about the usage in witchcraft as to the moderate
and justifiable production of mutual afflictiveness thereby.
40. About which is the ordeal for one worthy of death,
the greatness and littleness of an ordeal, and also this, that
is, which are the blessed among twenty of those undergoing ordeals.
41. About the proportion of firewood, and from which tree it ought
to be good; and again, too, the several appliances and
formulas that are necessary in accomplishing the ordeal. 42. And
this, too, that when the man is aware of his own truth, even though
he be aware of it, the fire speaks in the words
of men thus: 'Walk not on to me! for I chastise during one's progress.
43. About one still mediating in legal proceedings as to
a thief who has acted faithfully about quitting confinement
and fetters to cause a ceremonial [11], and whatever is on the
same subject.
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10. See Chap. 17.6.
11. Or it may be 'to provide supplies.'
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44. About the wealth of a priest who is not keeping his property
in edifices (aûzdeshîkîh) or domains (matâ),
but goes on with his occupation; and when he passes away,
to whom and how ii has to come. 45. About litigation as to property
from the residuary wealth of fathers, about keeping it
together (vâham-dâr), and whatever is on the same
subject.
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46. About the amount of retribution, in confinement,
fettering, and punishment, for a lamb [12], a sheep, or a
beast of burden, which is stolen; and whatever is
on the same subject. 47. About a defendant regarding whom three
plaintiffs complain, all three as comrades, one as to a lamb,
one as to a sheep, and one as to a beast of burden;
and whose answer is first given. 48. About the litigation
of three persons as to a costly article which remains apart from
then a, he who deposited it being a strong person, and the ownership
of not even one of them being certain. 49. About the coming
of retribution to three persons who, all three as comrades, have
stolen a lamb from one, a sheep from another one, and a
beast of burden from a third one.
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12. See Chap. 19.47.
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50. About the reason of the justifiability, and that also
of the unjustifiability, of confining a fellow-countryman
for his own theft, and whatever is on the same subject.
51. About the extent of continuance in hearing a defendant, and
this, too, as to a plaintiff; also about the time
appointed for speaking, and its extent. 52. And about this, namely,
when any one has made an accusation about any other, and goes
back at the time appointed, and, before a reply is given,
he shall make out another accusation about the same man, to which
of the two accusations a reply is to be first given.
53. About the reason of the hardship of legal proceedings; about
what man it is whose statement is second, third, fourth,
and last in conducting legal proceedings; and about the
twenty-two stratagems in conducting legal proceedings.
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54. About the canceling (pâdyârânîh) of
an ordeal, even that which is accomplished with three selected
witnesses. 55. About the season of the hot ordeal, and also that
of the cold; and whatever is on the same subject. 56. About
one, in a procedure, demanding an ordeal, the other one
having appointed the time for the supreme priest, and whatever
is on the same subject. 57. About the benediction of the supreme
priest on making, or changing, a decision; also this, namely,
which are the blessings for changing, through their nature,
a decision which is made.
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58. About evidence of walking upon a water-skin (khîk) and
putting something inside it, of assault and wounds,
of wealth which they squander (nikizend) and a righteous gift,
of a damaged and sequestrated thing; and of rubbing up
(pâdô-mâlisnô) and buying it strengthened
[13], and at a price. 59. On litigation about the ownership
of a wife, cattle, trees, and land; and whatever is on the same
subject. 60. About the certainty of the statement of several leaders
of an affair, as to that on which their affair depends, and
of the supreme priest, or three witnesses, in every legal
proceeding. 61. About incrimination (aîrikhtakîh)
of several kinds as to statements in legal proceedings, and
whatever is on the same subject. 62. About the modes of action
for eradicating the deceptions (frêvôânô-fitâr)
of apostates, and whatever is on the same subject.
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13. Paz. aôganghen for Av. aoganghem = aojanghem (see also
Chap. 41.17, 18).
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63. About cases where the virtuousness of the thoughts,
words, and deeds of mankind is all derived from
the virtuousness of the beneficent spirit, and mankind themselves
shall render it their own, and, in that way, its reward
reaches them; and their viciousness is all derived from
the viciousness of the evil spirit, and mankind themselves
shall render it their own, and, in that way, its bridge
penalty [14] reaches them.
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14. The decision announced at the Chinwad bridge (see
Chap. 14.8), as to the fate of the soul until the renovation of
the universe, after the account of its good works and sins has
been accurately balanced.
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64. About the injuriousness due to unrenounced sinfulness, that
is, what is injured by the first, second, third, fourth, or fifth
unrenounced Aredush sin [15]. 65. About where and which
is the speaking with threats of danger [16], and which is the
taking up of a weapon (âgêreptô), not
the turning it down, that becomes a tanapuhr sin [17];
also the sin which is owing to such sin.
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15. Farh. Oim, p. 36, ll. 6, 7, has when through sinfulness one
lays a weapon upon a sinner, the name is Aredush.'
16. See Chaps. 17.6, 19.1.
17. Whereby a person becomes an outcast and worthy of death.
According to Vend. 4.67-72, 75-78, 81-84, this occurs on the eighth
committal of an Agerepto, on the seventh of an Avoirishto, and
on the sixth of an Aredush; or on the first committal of any of
the three, if the criminal refuses to atone for it.
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66. About the case where one has to atone, and who
does it; he who undergoes the sacred-twig [barsom] ordeal has
atoned best; and which is the least heat ordeal. 67. About
two men having seized property together, and having
together, at the time, demanded a judge and ordeal about it;
and when one seizes the property some time earlier, and the other
one demands the judge and ordeal earlier; and whatever is
on the same subject. 68. About some one carrying off the
property of a person from the custody of another person
in sight of the same, and he who kept it before is, within a Hasar
[18], a witness before the judge as to its custody or possession;
and also when the witness of it has not come within the Hasar;
and whatever is on the same subject.
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18. Eighty minutes on the average (see Chap. 19.54 n), but varying
from one hour to two, according to the duration of daylight.
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69. About cases where the decision of the judge is to be
made from the Avesta and Zand [19], or from the common consent
of the good [20], and whatever is on the same subject.
70. About the justifiable selling of a man, a sheep, or a beast
of burden, as free from defect when its defect is not obvious;
also about the symptoms of their defects. 71. About the case
where and how far a decision, about which one is
in dispute, is a solitary statement, or more.
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19. That is, from the scriptural law and its commentary.
20. That is, according to precedents recorded by the priesthood.
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72. About the object of the appointment of a judge, the eminence
of an appointed judge, and whatever is on the same subject. 73.
About the reasonableness of the severity and want of severity
of judges. 74. And this, too, that the judgeship is to be given
to him who is acquainted with the law (âkâs-dâd)
[21]; and the object of acquaintance with the law. 75. About the
case where there are a supreme judge of the law,
a plaint, a defense, an arrangement of legal proceedings, and
an award; and through what sin it becomes injustice. 76.
And this, too, that the justice of him who may therein commit
falsehood, as regards so many essential decisions, is injustice.
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21. This term is explained in an extract from some Nask (compare
Chap. 43.9) quoted in Farh. Oim, pp. 17, l. 9-18, l. 5, as follows:
'Av. kô asti tkaêshô vivishdâtô,
which is the judge who is acquainted with the law? Av.
yô aêta pairi arethra frazânaiti, he who
thoroughly understands the adjudication from the statements [even
though he does not easily understand many of the statements, and
though it be not easy as regards the statements which are not
numerous, is an official who is acquainted with the law (kardâr-i
âkâs-dâd); and he who does not thoroughly
understand the adjudication from the statements, even though the
statements are not numerous, and if be not easy for him as
regards them, is to be still considered as unacquainted with the
law (anâkâs-dâd)i.'
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77. About the many who may seize wealth, which is the property
of some one, with their own hands; and, when they litigate about
it, he says it is his own property, whereby they
are convicted. 78. About incrimination of five kinds as to whatever
property is on the spot, or at a distance (pavan hasar); and whatever
is on the same subject. 79. About putting apart, keeping apart
[22], and two apart before being put away; also about litigation
as to keeping apart, and whatever is on the same subject. 80.
And when some one has to deliver property which is
a person's own to some one else, in the sight of him whose own
it is, and he who is seizing upon it disputes about it
as his own property; and whatever is on the same subject.
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22. Compare § 115.
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81. About disputing the debts of fathers when one of their associates
is confessing them, and the rest have come, and it is possible
for them to dispute them, but they do not dispute.
82. And about the progress of a dispute of one of the associates
as to the whole debt of one's fathers. 83. About the possibility
of children being worthy of death, for wizard's spells,
when with their guardian; and a woman being so when guardian
of herself. 84. About a case where the amount of a lamb
(mîdat-î asperenô) is the lowest, and the amount
of a human being (vîrôk mozd) is the highest [23].
85. About theft and plunder as regards one's own property, when
one brings it away from the possession of some one without
dispute. 86. About the triumph of him who, falsely investigating,
may act judicially by illegally-issued incentives, when he institutes
legal proceedings for the sake of appearances [24]; as distinguished
from him who is truly seeking and truly investigating.
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23. The minimum and maximum grades of value mentioned in Chap.
19.47. Here it is evident that mîdat and mozd are synonyms,
the former being, no doubt, the Zvarish, or Semitic, equivalent
of the latter, compare Chald. ...
24. Pahl. khâkûnîhâ, literally 'through
making a dust.'
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87. About the statements of a litigation of man and wife,
which is justifiably brought on [25]. 88. And also this,
namely, when she sees herself injured, or defense is possible
by means of that which is discharged by two fingers [26], it is
justifiable when they shall institute no litigation but seizing.
89. About the person who has become privileged to
give away a daughter to a husband, her father having passed
away. 90. About the sin of making a damsel (kanîk)
weary of her husband. 91. About the sin as regards property in
this action, either produced where the action for this purpose
is really devoid of illiberality (adahishnîh), or to commit
in order that they shall give me a wife even when they do not
give her on that account. 92. About the sin of giving a
girl (kanîk) for a girl, or other living thing, or of
speaking thus: 'Do thou go in unto my sister, or daughter,
while I, too, will go in unto thine.' 93. And the sin as regards
the person of my wife, too, which is owing to that sin. 94. About
one obtaining back the value which he gives away for a
girl, when the girl is not that value in wedlock. 95. About a
girl who, after fifteen years of age, is not given to a
husband; and her father, to satisfy her menstrual excitement
(dashtân-mêyah vijârdanô), and to sustain
it, becomes sinful and harbors a paramour; and whatever
is on the same subject.
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25. Or it may be 'of a man and a woman who is domineeringly
plundered.'
26. That is, in some very easy way. The intention was probably
to discourage petty disputes between man and wife, by not interfering
with the stronger party when aggrieved.
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96. About having given food, and anything except a wife,
to any one who praises the Mazda-worshippers' religion of another,
even though it be through fear; also this, that it is only
he, when he has thereby become quite of the same tenets
with the religion of the Mazda-worshippers, to whom the gift of
a wife worthy of a man (vîr masâî) is then to
be presented.
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97. About committing the sin of giving no food [27], which is
one of those worthy of death. 98. About the duty imposed
of chastising a wizard for the Tanapuhr sin [28] of assisting
a demon [29], so that one's duty is manifold, and to be accomplished
during several years.
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27. See Chap. 17.6.
28. See § 65.
29. Reading dêv-vijîn which is miswritten ...
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99. About the day and night which are longest, medium, and shortest;
that is, how many Hasars [30] they are, each separately;
and, as to their occurrence, in what control is the appointed
time which is really theirs, each one, as to period. 100. About
the Parasang [31] which is the longest, medium, and shortest;
and whatever is owing to their subdivision.
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30. See Chap. 19.54 n.
31. A distance of four Hasars (Bd. 16.7), or as far as a far-seeing
man can distinguish a black ox from a white one (Bd. 26.2). It
is usually from 3 1/2 to 4 English miles, but in Pahlavi texts
it often stands for a Hasar, or Roman mile, both being measures
for long distances.
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101. About the work and fodder (vâsân) [32]
of an injured beast of burden, by day and night. 102. About
a sheep which kills a person, and whether its owner be
innocent, or sinful, through not putting a tether (band) upon
it; and the reason of the sinfulness and innocence therein. 103.
About the period that extends from certainty to dubiousness,
even though it be for the supreme priest, or one provides
three witnesses; and how long it is. 104. About the multitude
of witnesses who give no evidence, together with the judge
who is unjustly deciding.
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32. Or 'rations' (vâyagân).
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105. About the injuriousness (âzgârîkîh),
for the priestly authorities, of anything that is
given to the unworthy. 106. About what kind of gift, that is given,
was accepted; that is, how, when given by one when another
claims it, it returns to him; how, and in what proportion,
when the other does not claim it, its expediency does not
arise; and whatever is on the same subject. 107. About a case
where there is property of several kinds which a man has
given away as a righteous gift, and it is allowable.
108. About the case where whatever is given and reaches
some one, when he gives it and does not say how it was
given, it becomes a righteous gift. 109. And about its not
having become a gift, through fear of whatever is its danger.
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110. About the theft and extortion of him who does not
maintain the wives and children of persons in his control,
to preserve and nourish them, through fear. 111. About the allotment
of punishment for the limbs of sinners, and upon which
limbs is the allotment. 112. About the atonement for sin where
it is most irksome. 113. About the amount of retribution
for an assault (zatam) which may be committed upon one worthy
of death who is preserved through great judiciousness.
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114. About Ohrmazd having given all prosperity to Zartosht
and the disciples of Zartosht; the theft and extortion which have
arisen in a man when he has not given to a worthy person
any of the prosperity that has befallen him; and whatever
is on the same subject. 115. About how an animate being is
situated who is in a place apart (aham), and when he dies
in innocence and keeping apart [33], his wound being also through
duty; and whatever is on the same subject. 116. About the advantage
and pleasure of keeping a promise (mitro-dârîh), and
the gravity, harm, and vexation owing to various degrees of promise
breaking (mitrôk-drujih); also how a promise is kept.
117. About the grievous sinfulness of strife, insincerity (avâkhîh),
and slander, and the harm that proceeds therefrom; also the
frost (pazd) and punishment provided for them [34], and whatever
is on the same subject.
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33. Compare § 79.
34. In hell (compare AV. 40.7).
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118. About having given frontier people [35] as hostages (garôbô)
to foreigners who have demanded a ransom (navishnô).
119. About taking up (lâlâ gêrefstanô)
anything whatever that is precious to a foreigner, and has
become of exceeding value, when they give it up as a ransom
[36] to Iran; the extreme value of a youth (tigil) when they shall
carry him off as a hostage from the foreigners, in place
of ransom; and how they are to keep both. 120. About
the grievous sinfulness of a man stealing back his ransom
from foreigners, though it be his own son. 121. About the sinfulness
of the governor (sardâr) of a province through any harm
that occurs in the province owing to his elevation and evil commands.
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35. Pahl. rnar'zânân, which might be supposed to
be a defective writing of margar'jânân, 'those worthy
of death' (the two letters equivalent to rga being omitted),
but see Chap. 21.13.
36. The MS. pâk is evidently a defective writing for navâk,
which is written correctly in the next clause of this section.
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122. About the existence of so many thieves assisting a thief
with special ransom, and what kind of reward (navishnô)
one is to use with thieves, to deceive with great judiciousness.
123. About attaching to the neck of a thief the thing which was
stolen by him, for his personal identification, and conducting
him to the judges. 124. About the non-atonement of thieves,
by any amount of anything whatever, without confession as regards
their own sin. 125. About the assistance to possession
which is claimed by any one from the authorities (padân),
when his property is stolen or extorted.
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126. About the grievous sinfulness and deceitfulness of
many kinds which occur when a woman who is given away with
her concurrence, and her acceptance is announced,
is |