Shayest Na-Shayest ('Proper and Improper')

Translated by E. W. West, from Sacred Books of the East, volume 5, Oxford University Press, 1880.

PART 1. -- The Original Treatise.

CHAPTER 1.

0.

In the name of God (yazdan) and the good creation may there be the good health, long life, and abundant wealth of all the good and the right. doers specially for him whose writing I am.

1.

As revealed by the Avesta, it is said in the Vendidad that these seven degrees (payak) of sin are mentioned in revelation, which are Farman, Agerept, Avoirisht, Aredush, Khor, Bazhai, Yat, and tanapuhr. 2. A Farman is the weight of four stirs, and each stir is four dirhams (jujan); of Agerept and Avoirisht that which is least is a scourging (tazhano), and the amount of them which was specially that which is most is said to be one dirham; an Aredush is thirty stirs; a Khor is sixty stirs; a Bazhai is ninety stirs; a Yat is a hundred and eighty stirs; and a Tanapuhr is three hundred stirs.

3.

In the administration of the primitive faith there are some who have been of different opinions about it, for Gogoshasp spoke otherwise than the teaching (chashtak) of Ataro-Ohrmazd, and Soshyans otherwise than the teaching of Ataro-frobag Nosai, and Medok-mah otherwise than the teaching of Gogoshasp, and Afarg otherwise than the teaching of Soshyans. 4. And all those of the primitive faith rely upon these six teachings, and there are some who rely more weakly and some more strongly upon some of them.

CHAPTER 2.

1.

For in the third fargard ('chapter') of the Vendidad of Medok-mah it is declared that when life is resigned without effort, at the time when the life departs, when a dog is tied to his foot, even then the nasa rushes upon it, and afterwards, when seen by it, the nasa is destroyed by it. 2. This is where it is stated which is the dog which destroys the nasa, the shepherd's dog, the village-dog, the blood-hound, the slender hound, and the rukunik; and as to the rukunik there have been divers opinions, as Vand-Ohrmazd asserted, from the teaching of Afarg, that it does not destroy it. 3. The dog destroys the Nasa at the time when it sees the flesh, and when it sees the hair or nails it does not destroy it. 4. A blind dog also destroys if at the time when it places a paw on the corpse; and when it places it upon the hair or nails it does not destroy it. 5. The birds which destroy the Nasa are three: the mountain kite, the black crow, and the vulture; the bird, moreover, destroys it at the time when its shadow falls upon it; when it sees it in the water, a mirror, or a looking-glass, it does not destroy it.

6.

Vand-Ohrmazd said, where a pregnant woman is to be carried by two men, both are to be cleansed by the barashnom ceremony, and the head of the corpse, when they carry it away, is to be set towards the dakhma. 7. And on account of contamination (padvishak) two are not to be carried at one time, and two by one person are not proper; one dog and one person are proper. 8. Every one who understands the care of a corpse is proper; two boys of eight years old, who understand the care, are proper; a woman free from menstruation, or free from dead matter, or a man, with a woman or a child of eight years old, is proper.

9.

It is not to be carried all covered up, for that is burying the corpse; to carry it in the rain is worthy of death. 10. When clouds have been around, it is allowable to carry it away from the house; and when rain sets in upon the road it is not allowable to carry it back to the house; but when it is before a veranda (dahlizh) one should put it down there; that is allowable when he who owns the veranda is apprehensive, and when he does not allow it inside; and, afterwards, it is to be carried away to its place, and when the water stands the height of a javelin (nizhak) inside, one puts it down and brings it away yet again. 11. Medok-mah says that there should be a shelter (var) one should fasten above that place, and it would make it dry below; one should place the corpse under that shelter, and they may take the shelter and bring it away.

12.

From the fifth fargard of the Vendidad of Medok-mah they state thus, that at the place where one's life goes forth, when he shall die upon a cloth, and a hair or a limb remains upon the bed-place and the ground, the ground conveys the pollution, even not originating with itself (ahambunich), in like manner down unto the water. 13. And when he is on a bedstead, and its legs are not connected with the ground, when a hair or a limb remains behind on the bedstead, it does not convey the pollution down. 14. When he shall die on a plastered floor the plaster is polluted, and when they dig up that plaster and spread it again afterwards, it is clean. 15. When he shall die on a stone, and the stone is connected with the ground, the stone will become clean, along with the ground, in the length of a year; and when they dig up the place, the stone-being polluted is to be washed at the time. 16. When a stone is connected with the ground, or is separated, and one shall die upon it, so much space of the stone as the corpse occupied is polluted; when they shall leave it, in the length of a year it will become clean along with the ground; and when they dig it up, the stone is all polluted, and is to be washed at the time; when the stone is not made even with the ground, above the ground the stone is all polluted, and is to be washed at the time.

17.

Dung-fuel and ashes, when the limbs of a menstruous woman come upon them, are both polluted; and the salt and lime for washing her shift (kartak-shui) are to be treated just like stone.

18.

If one shall die on a terrace roof (ban), when one of his limbs, or a hair, remains behind at the edge of the roof, the roof is polluted for the size of the body as far as the water; and they should carry down all the sacred twigs (barsom) in the house, from the place where the pollution is, until there are thirty steps of three feet to the sacred twigs, so that the sacred twigs may not be polluted; and when his hair or limb has not come to the eaves (parakan) the roof is polluted to the bottom (tohik). 19. And when one shall die on a rita it is polluted for the size of the body as far as the water; in the length of a year it will become clean along with the ground. 20. A built bridge is liable just like a terrace roof. 21. When one shall die on the terrace roof of a trellised apartment (varam), that is also liable just like a terrace roof. 22. When he shall die in a trellised apartment, when one of his limbs, or a hair, does not remain on the borders (parakan), it does not convey the pollution down, but when any of him remains behind it conveys it down; it is allowable when they dig it up, and one also spreads it again afterwards, and it is clean.

23.

When one shall die by strangulation and a rope in a crowd, when there is no fear of his falling down they should not carry him down; and when there is a fear of his falling down, when that fear is as regards one side of him, they should carry him down on that side; and when he has fallen down they should carry him down in such place as he has fallen. 24. When one is seated upright and shall die, when there is fear of his falling on one side they should carry him down on that one side, and when there is fear on all four sides, then on all four sides; and when he has fallen down they should carry him down in such place as he has fallen.

25.

And when one shall die on a tree, when its bark is green and there is no fear of falling off, they should not carry him down; and when there is fear of it, they should carry down the whole of the body (tanu masai). 26. And when the bark of the tree is withered, when there is fear of it and when there is no fear of it, they should carry if down. 27. When he shall die on a branch of a tree which is green, when there is no fear of his falling off they should not carry him down. 28. And when there is fear of it, or it is a branch of a withered tree, when also, a hair originating with him, or a limb, remains behind on the particular tree, they should carry down the whole of the body. 29. And when it does not remain behind him on the particular tree, but when there is fear of its falling off, they should not carry it below (vad frod).

30.

When a corpse (nasai-I), from outside of it, remains behind on a jar (khumbo) in which there may be wine, the jar is polluted, and the wine is clean. 31. And when one shall die inside, in the wine in the jar, if not even a hair or a curl originating with him remains behind on the jar, the wine is polluted and the jar not polluted. 32. When it is a jar in which there is oil, and dead matter (nasa), from outside of it, remains behind on it, this is even as though it remains inside it, because the oil comes outside and goes back to the inside, and both are polluted, the jar and the oil; and even on making the jar dry it is not fit to put anything in.

33.

When a serpent (garzak) is in a jar in which there is wine, both are useless and polluted, for it makes them contaminated (padvishak). 34. And when corn shall be in it, the jar is polluted and the corn clean; and when nothing originating with the serpent inside the jar remains behind on the jar, so much of the corn as includes the serpent, and upon which the touch (malishn) of the serpent has gone -- because the touch of the serpent's seed might be the death of one -- is to be taken out and to be thrown away. 35. And when hair or dead matter, even not originating with the serpent, remains behind on the jar, the jar is polluted, but is serviceable (shayad) on making it dry.

36.

Brick, earth, and mortar are separated by their own substance (pavan mindavam-i nafsman), and are connected with the ground; being separated by their own substance is this, that so much space as dead matter comes upon is polluted; being connected with the ground is this, that they would convey the pollution down unto the water. 37. Dung-fuel, ashes, flour, and other powdered things are connected with their own substance, and are separated from the ground; being connected with their own substance is this, that when dead matter comes upon them the whole of them is polluted; and being separated from the ground is this, that when dead matter comes upon them it does not make the ground polluted.

38.

At a house in which the sacred ceremony (yazishn) is prepared, and a dog or a person passes away in it, the first business to be done is this, that the fire is to be preserved from harm; moreover, if it be only possible to carry the fire so that they would carry it away within three steps of the corpse, even then it is to be carried away, and the wall is not to be cut. 39. Roshan said that an earthen one is to be cut into, but a mortar one is not to be cut; below and above no account is taken of damaging (bodozedih) the wall. 40. To bring the fire within the three steps from the corpse is a tanapuhr sin; and when exudation happens to the corpse, it is worthy of death. 41. The prepared food in that house is all useless, and that which is not prepared is usable in the length of nine nights or a month. 42. Clothing also in like manner, except that which one wears on the body; that, even in that time, is not clean, since it remains in use. 43. And the holy-water (zohr), too, which is taken and remains in that place is to be carried away immediately to the water, also the sacred milk (jiv) and butter (jum) in like manner. 44. Of the prayer clothing Vand-Ohrmazd said that it is usable in the length of nine nights or a month; the writer (dapir) said that it is when they perform the washing of hands, and wash it thoroughly, it will become clean at the time.

45.

If in a house there are three rooms (gunjinak), and one shall die in the entrance place (dargas), if it be so that they may set the door open, and the corpse comes to this side, only this side is polluted; and if the corpse comes to that side, only that side is polluted; when it comes to both sides at once (aevak), only the entrance place is polluted alone, both the dwelling-rooms (khanak) are clean.

46.

And the vault of the sacred fires alone does not become polluted.

47.

If one shall die in a wild spot (vashkar), prepared food which is within three steps is all useless, and beyond four steps it is not polluted. 48. Prepared food is this, such as bread, boiled and roast meat, and prepared broth.

49.

And the ashes (var) of the sacred fire become in a measure polluted.

50.

Should they carry in the fire into that house in which the length of nine nights or a month is requisite for becoming clean, there is a sin of one tanapuhr through carrying it in, and one Tanapuhr through kindling it; and every trifling creature (khur or khul) which shall die and shall remain causes a sin of one Tanapuhr. 51. Also through carrying water in, there is a sin of one Farman; and to pour water on the place where any one's life departs is a sin of one Tanapuhr, and to pour it on a different place is a sin of one Yat. 52. And to undergo ablution inside the unclean house is all non-ablution. 53. And whoever goes into it needlessly, his body and clothes are to be every time thoroughly washed, and his sin is one Tanapuhr; and when he goes in needfully it is neither good work nor sin.

54.

And this pollution is all in the sharp account (tikhak amar) when the life departs; the only thing which amounts to polluting is contact with the flesh, and even with the hair and nails. 55. Of the contact which is stated in the Avesta, the account is that from one side, and it ever cleaves to one; the curse (gazishn) which is stated in the Avesta advances from all four sides. 56. Soshyans said it is, until its exhibition to a dog, just as it becomes at the time when its life departs; a priest, a warrior, and a husbandman are no use, for merely a dog is stated. 57. Kushtano-bujed said the account is at the time when its life departs; and that which Kushtano-bujed specially said is, 'when anything is inside it (the place) the pollution is as far as to the place where that thing stands.' 58. when a dog, or a goat, or a pig is requisite (darvai) it is proper, for the pollution does not attack further there; and the pollution of a child in the womb is along with the mother.

59.

The direct pollution of a hedgehog cleaves to one, and not the indirect pollution. 60. Direct pollution (hamred) is that when the body is in contact with a corpse, and indirect pollution (paitred) is that when one is in contact with him who touched the corpse; and from contact with him who is the eleventh indirect pollution cleaves to one in the same manner. 61. The indirect pollution of an ape and a menstruous woman, not acting the same way, remains. 62. The shepherd's dog, and likewise the village-dog, and others also of the like kind carry contamination to eight; and when they shall carry the carcass down on the ground the place is clean immediately; and that, too, which dies on a balcony (ashkup), until they shall carry it down to the bottom, is polluted for the length of a year.

63.

Whoever brings dead matter (nasa) on any person is worthy of death; he is thrice worthy of death at the time when a dog has not seen the corpse (nasa); and if through negligence of appliances and means (char va tubano) he disturbs it, and disturbs it by touching it, he knows that it is a sin worthy of death; and for a corpse that a dog has seen, and one that a dog has not seen, the accountability is to be understood to be as much, and for the death and sickness of a feeble man and a powerful one. 64. Afarg has said there is no account of appliances and means, for it is not allowable to commit a sin worthy of death in cases of death and sickness.

65.

When they move a corpse which a dog has not seen with a thousand men, even then the bodies of the whole number are polluted, and are to be washed for them with ceremony (pishak). 66. And for that which a dog has seen, except that one only when a man shall move it all by touching it, his washing is then not to be with ceremony. 67. And when he is in contact and does not move it, he is to be washed with bull's urine and water. 68. And when he shall move with a stake (dar) a corpse which a dog has not seen, except that one only when he shall move it all, the washing for him is not to be with ceremony.

69.

And when a man shall move a corpse, which a dog has not seen, by the hand of another man, he who moves it by the hand of a man, and he also whose own hand's strength does it are polluted in the bodies of both; and it is the root of a Tanapuhr sin for him himself and of a Tanapuhr for the other one, for this reason, because his own body and that also of the other are both made polluted through sinfulness. 70. And when there is not in him, nor even originating with him (ahambunik), the strength of him whose own hand it is, it is just as though he would move it (the corpse) with a stake; and he who held it in the way of contact with his hand is to be washed with ceremony; and it is the root of a Tanapuhr sin for him whose own hand it is, and of a Khor for himself. 71. When he shall move a corpse by the hand of a man, and the corpse is of those which a dog has seen -- except that one only when he shall move it all -- the washing for him is not to be with ceremony.

72.

When one is going by a place at night, and comes back there on the morrow, and a corpse lies there, and he does not know whether the evil (dush) was there when he came by not, it is to be considered by him that it was not there.

73.

Of a flock in which is a sheep by whom dead matter is eaten, of a forest in which is a tree with which dead matter is mingled, and of a firewood-stand (aesamdan) in which is a stick of firewood with which grease is mingled, Afarg said that it is not proper to make the flock and the forest fruitful, and the firewood is useless.

74.

About a door on which a corpse impinges; as to the door of a town and city they have been of the same opinion, that it is to be discarded by his comrades (hamkar); as to a door which is mostly closed (badtum) they have been of different opinions, Gogoshasp said that discarding it by his comrades is likewise proper, and Soshyans said that it is not proper; and as to other doors they have been of the same opinion, that it is not proper. 75. The door of one's own chief apartment (shah-gas) is fit for that of the place for menstruation (dashtanistan), and that of the place for menstruation is fit for that of the depository for the dead (khazano), and that of the depository of the dead is not fit for any purpose whatever; that of the more pleasant is fit for that of the more grievous.

76.

Any one who, through sinfulness, throws a corpse into the water, is worthy of death on the spot; when he throws only one it is one sin worthy of death, and when he throws ten at one time it is then one sin worthy of death; when he throws them separately it is a sin worthy of death for each one. 77. Of the water, into which one throws dead matter, the extent of pollution is three steps of three feet in the water advancing, nine steps of three feet; in the water passed over, and six steps of three feet in the water alongside; six steps of three feet in the depth of the water, and three steps of three feet in the water pouring over the dead matter are polluted as regards the depth. 78. When it is thrown into the midst of a great standing water, in like manner, the proportion it comes is ever as much as it goes, and is the proportion of it they should always carry away with the dead.

79.

And when a man comes forth, and a corpse lies in the water, when he is able to bring it out, and it is not an injury to him, it is not allowable to abandon it except when he brings it out. 80. Soshyans said that, when it is an injury, it is allowable when he does not bring it out; and when it is not an injury, and he does not bring it, his sin is a Tanapuhr. 81. Kushtano-bujed said that even in case of injury it is not allowable to abandon it, except when he brings it out; when he does not bring it he is worthy of death. 82. And Gogoshasp said that it is even in case of injury not allowable, except when he brings it out; and when, in case of injury, he does not bring it out his sin is a Tanapuhr; and when it is no injury to him, and he does not bring it, he is worthy of death.

83.

And when he shall wish to bring it his clothing is to be laid aside, for it makes the clothing polluted, and whatever he is first able and best able to bring is to be brought out by him. 84. When, too, he is able to bring it out through the breadth of the water, then also it is to be brought out so; and when he is not able, it is to be brought out through the length of the water; and showing it to a dog, and the two men are not to be waited for.

85.

And it is to be carried by him so much away from the neighborhood of the water that, when he puts it down, the water which comes out dropping from the, corpse does not reach back to the water; for when the water which comes out from the corpse reaches continuously back to the water he is worthy of death; and after that (min zak fraj) it is to be shown to a dog, and it is to be carried away by two men. 86. And when he wishes to throw it out from the water, Mard-bud said it is allowable to throw it out thus, so that the water of the dripping corpse does not reach continuously back to the water; Roshan said it would be allowable to throw it out far.

87.

To drag it over the water is allowable, to grasp and relinquish it is not allowable; and when it is possible to act so that he may convey it from a great water to a small water, when the water is connected is allowable, and when separated it is not allowable. 88. Afarg said it is allowable to drag it below through the water, but to drag it over is not allowable, for this has come on the water as a danger, and that has not come on it as a danger. 89. Medok-mah said it is allowable to drag it above, but to drag it below is not allowable, for the danger has gone out across the water, and the danger is not now to be brought upon it; and on that which is below, on which the danger has not come, the Danger will at last arrive.

90.

When he goes into the water he is to go into it with this idea, that 'should there be many below, then I will even bring all;' for whoever goes in not with this idea, and shall disturb any other one which lies there, will become polluted. 91. And if the corpse be heavy and it is not possible to bring it out by one person, and he goes out with this idea, that 'I will go and prepare means, and bring this corpse out of the water;' and when through sinfulness he does not go back his body is polluted and worthy of death, and when he is unable to go back he is not polluted.

92.

When the corpse is so decomposed (pudak), when it is thus necessary to bring it out, that he must cut off various fragments, even after he cuts them off they are to be brought out; and for every fragment his hands and knife are to be washed with bull's urine (gomez), and with dust and moisture (nambo) they are clean. 93. And they are to be torn off by him, and for every single fragment which he brings out his good work is one Tanapuhr.

94.

And when rain is falling the corpse lies in the water; to take it from the water to deposit it in the rain is not allowable.

95.

Clothing which is useless, this is that in which they should carry a corpse, and that even when very much or altogether useless; of that on which they shall decompose (bara vishupend), and of that on which the excretions (hikhar) of the dead come, so much space is to be cut away, and the rest is to be thoroughly washed for the six-months' period. 96. That which a menstruous woman has in wear (mah-manih) is to be discarded in like fashion.

97.

The clothing which is to be washed for the six-months' period is such as is declared in the Avesta. 98. If the clothing be leather it is to be thoroughly washed three times with bull's urine (gomez), every time to be made quite dry with dust, and to be thoroughly washed three times with water, and to be laid out three months in a place to be viewed by the sun; and then it is proper for an unclean person (armesht) who has not performed worship, or it is proper for a menstruous woman. 99. Other clothing, when hair is on it, is liable just like woven cloth (tadak); all the washing of wool, floss silk, silk, hair, and camel's hair is just like that of woven cloth; and woven clothing is to be washed six times.

100.

Wool which is connected together, when one part is twisted over another, and a corpse rests upon it, is all polluted on account of the connection; and when fleece (mesh) rests upon fleece, then so much space as the corpse rests upon is polluted. 101. When one shall die upon a rich carpet (bup) when the carpet is on a coarse rug (namad) and is made connected, the rug and carpet are both polluted, and when separated the rug is clean. 102. When several cushions are heaped (nichid) one upon the other, and are not made connected, and dead matter comes upon them, they have been unanimous that only that one is polluted on which the dead matter came. 103. A cushion together with wool is liable just like a carpet with a rug. 104. Of several cushions which are tied down together, when dead matter comes to the tie, both are polluted, the cord and the cushions; and when the dead matter comes to a cushion, and does not come to the tie, the cushions are all polluted on account of the connection, and the tie is clean.

105.

A pregnant woman who devours dead matter through sinfulness is polluted and worthy of death, and there is no washing for her; and as for the child, when it has become acquainted with duties (pishak-shinas), ashes and bull's urine are for its eating and for its washing. 106. As for a child who is born of solitary carriers of the dead, although its father and mother may both have devoured dead matter through sinfulness, that which is born is clean on the spot, for it does not become polluted by birth.

107.

Roshan said that every one, who, through sinfulness, has become polluted by means of dead matter, is worthy of death, and his polluted body never becomes clean; for this one is more wretched than the fox which one throws into the water living, and in the water it will die. 108. One worthy of death never becomes clean; and a solitary carrier of the dead is to be kept at thirty steps from ceremonial ablution (padiyavih).

109.

Whichsoever of the animal species has eaten their dead matter, its milk, dung, hair, and wool are polluted the length of a year; and if pregnant when it has eaten it, the young one has also eaten it, and the young one is clean after the length of a year from being born of the mother. 110. When a male which has eaten it mounts a female, the female is not polluted. 111. When dead matter is eaten by it, and even while it is not digested it shall die, it is liable just like a leather bag (anban) in which is dead matter.

112.

Gold, when dead matter comes upon it, is to be once thoroughly washed with bull's urine (gomez), to be once made quite dry with dust, and to be once thoroughly washed with water, and it is clean. 113. Silver is to be twice thoroughly washed with bull's urine, and to be made quite dry with dust, and is to be twice thoroughly washed with water, and it is clean. 114. And iron, in like manner, three times, steel four times, and stone six times. 115. Afarg said: 'Should it be quicksilver (avginak) it is liable just like gold, and amber (kahrupai) just like stone, and all jewels just like iron.' 116. The pearl (murvarid), amber, the ruby (yakand) gem, the turquoise, the agate (shapak), coral-stone (vasadin sag), bone, and other substances (gohar) which are not particularly mentioned, are to be washed just like wood; and when they are taken into use there is no washing, and when they are not taken their washing is once. 117. Of earthen and horny articles there is no washing; and of other substances which are not taken for use the washing is once, and they are declared out of use.

118.

Firewood, when green, is to be cut off the length of a span (vitast), one by one, as many sticks as there are -- and when dry one span and two finger-breadths -- and is to be deposited in some place the length of a year, and water is not to be dropped upon it; and it is drawn out after the length of a year; Soshyans said that it is proper as firewood for ordinary fires, and Kushtano-bujed said that it is just as declared in the Avesta: 'The washed one, even then, is proper in dried clothing.' 119. About corn they have been unanimous that so much space is polluted as the dead matter comes upon; and of that which is lowered into pits, or is wanted to be so, and of that which is scattered (afshid) at such a place there are different opinions; Soshyans said: 'Should it be of such a place it is polluted as much as the dead matter has come upon it;' and Gogosasp said: 'Should it be so it is all polluted, and the straw is all polluted.'

120.

A walnut, through its mode of connection, is all polluted, and the washing of both its shell and kernel (post va mazg) is just like that of wood. 121. A pomegranate also is of such nature as a walnut. 122. As to the date, when its stalk is not connected the date is polluted and the stalk and stone (astak) are clean; the washing of the date is just like that of corn; and when it is touched upon the stalk, when the stalk, stone, and date are connected, the whole is polluted; as to the date when not connected with the stalk, and touched at the stalk, the date is clean, and the washing of the stone is just like that of wood. 123. The pomegranate, citron, quince, apple, pear, and other fruit, when in bearing and the rind (pazavishno) is perceptible on it, when dead matter comes upon it there is no pollution of it; and when the rind (pazamishno) is not perceptible on it, its washing is just like that of corn; and rind is ever with the citron. 124. For meat, butter, milk, cheese, and preserves (richar) there is no washing.

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