From the archive

Pahlavi Texts, Part IV: Contents of the Nasks — SBE Vol. 37 (trans. E. W. West, 1892)

English·1879–1910·trans. E. W. West·370 passages

The text · part 6 of 18

16. About him who threw bodily refuse * on to fire ov water, or any place or garment on which 7¢ is not authorisedly cast, to make Mazda-worshippers polluted; and whatever is on the same subject.

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

1 Assuming that gébar &ekirfintand stands for gdbar (Pers.
gSr) Ahefrantand.
2 See Chap. XIX, 3.

CHAPTER XXXIV, 12-XXXV, 5. 109

CHAPTER XXXV.
LTaspiram Nask.

1. One section contains particulars about the science (dAnisnd) of seeking a son, advice about it from revelation (dén6), the advantage of offspring for the admonitory explanation of revelation within one's self, and the harm owing to neglecting the advice of the same.

2. About what Aappens in the begetting of a son ; the first sexual excitement it should produce for the female, the second, third, fourth, azd fifth; the arising of a son in the world, and also the milk, owing to her impregnation. 3. And, when 7¢ zs so that it amounts to a son, which of the ¢wo, male or female, is sooner emitting the germs at the time of occurrence ; and how and how long both save remained, at the time, in semination, how long in connection, and how long in bleeding. 4. When azd wherefrom various expectations are produced to contend adout, and when and by what signs the male sex, or female sex, of the offspring Zas become manifest.

5. When the localization! regarding z¢ is arranged, and, as fo the members, which is the first member therein, and ¢hezr being produced, each consecutively, till the bodily form is complete; which, and in what position, is the localization of the members after the complete production of the form of the body, and the purpose as regards the position avd localization of the members after the complete production of the

1 Assuming that gést-hastand stands for g4sf-hastané in all three occurrences of the word. This is rather doubtful, because the noun g4s, ‘ position,’ occurs twice in close connection with the uncertain word, and is correctly spelt.

p. 110

form of the body. 6. The effect upon the offspring which is furnished with subjection to the male, so far as the complete effecting of it is within the limit for its authorisation’; the time (vidand4dnag?’) of the offspring with the female, the period of its turning downwards for birth, avd the occurrence of birth az the same time.

7. About the growth of life, too, with the bodily organs (tanigd4n); and which is the first bone become possessed of marrow, apart from the other bones, as it is reported. 8. About the admissibility of the elaboration of the male sex, ov female sex, within it, dy the guardian spirit of the righteous, at the fifth month ; and the ceremony for the guardian spirit of the righteous for the sake of the arrival of a male child.

g. About the act of childbirth by a pregnant woman before recourse to midwifery (déigAnth), except that relating to the navel string of the child ; also its first and second food, and when the midwifery is ¢ha¢ of her mother; what is the kind of milk, and the care of the child at the time, zés bandaging, sleeping, nourishment, and protection ; and the sin owing to acting unlawfully in such matters. 10. About how many months is the bearing of the offspring in the womb of the camel, horse, ass,

1 The Pahl. text is as follows :—‘ K4r-f madam 24kd-f levatman dén kusn sgar, vad spér karth zyas dén sAman padas radakih.’

* This unusual hybrid word is evidently intended as a Zvaris equivalent of the Iranian zam4nah, and is composed of vidana (=Ch. §21Y, which is the usual Zvaris for zaman) +4nag (= 4nabh, the final syllables of zam&nah). The central syllable of zamanah is, therefore, twice represented in the Zvaris vidanéAnag. The hybrid occurs again, in Bk. IX, Chap. XVII, 3, in a phrase where it can only mean ‘time, period.’ If it were not for this after-occurrence, the word here might be read va-d6-ahfig, ‘and the dual existence,’ with some degree of probability.

CHAPTER XXXV, 6—I3. III

cow, and woman ; and whatever is on the same subject. 11. About the spiritual perception of a newborn child, amd zts coming into the boundaries of worldly comprehension on the same subjects.

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

13. About the vicious desire of the performer and permitter of unnatural intercourse; also their violent lustfulness, heinous practice, and corrupt, polluted bodies, blighted in destiny; great through their destruction of life in the things which they see, and every greatness inevitably provides them a merited death ; as great in sinfulness as 4z-t Dahak! in oppression, as the serpent Srébar? in witchcraft, as Tor-t Bradré-résh 8, the Karap ‘4, in destroying the

1 See Chap. XIII, 8n, and compare the account of the seven special evil-doers in Dd. LXXII, 3-9.

in oppression, as the serpent Srébar? in witchcraft, as Tor-t Bradré-résh 8, the Karap ‘4, in destroying the

1 See Chap. XIII, 8n, and compare the account of the seven special evil-doers in Dd. LXXII, 3-9.

* The Av. agi srvara of Yas. IX, 11 (W.), Yt. XIX, 40; a terrible serpent slain by Keres&spa the SAman, as mentioned again in Bk. IX, Chap. XV, 2.

5 Also written Bradrék-résh ; he was one of the Tfranian priesthood who persecuted Zarat(st in his youth, and probably the same as Pers. Bartarfsh (the Bradar-vakhsh of Sd. IX, 5) who is said to have killed ZaratQst in the end. But, as he was one of five brothers, three of whose names were much alike (see Byt. II, 3 n), his identification is rather uncertain.

‘ Av. karapan. In Dk. Bk. VII the Karaps are often menp. 112righteous, and as a deceiving apostate in falsehood. 14. About the grievous sinfulness of a woman, just delivered and giving milk, whose progeny is the offspring from intercourse with divers males, and whatever is on the same subject.

15. About the increasing vigour of the female from the mounting of the male, and the diminished vigour of the male from mounting oz to the female.

CuaPTeR XXXVI.
HHaspiram Nask.

1, Six? Fargards of one section of the /as¢ fourteen contain particulars about the enumeration of species of ownership, their precedence one over the other, and their good report in conducting legal proceedings. 2. About property that is brought up to the judges, which, owing to an accuser, becomes a@ source of litigation for a judge. 3. About a decree as to restoring possession, oy as to keeping possession, of whatever is among such matters. 4. About property tioned as enemies of Zaratfist, both before and after his birth. Some are named, such as Dfirsréb, Bradrék-résh, Vaédv6ist, and Géshmak. The Karap of the district where the mother of ZaratQst was born banishes her for witchcraft, and must, therefore, have been the official head of the district. Dfr4sréb, the Karap, travels sometimes with a disciple (h4vist), so his title was probably a priestly one. The Karap is also often mentioned with the Kai, or Kik (Av. kavan or kavi), the title of an equally obnoxious class; both Kfks and Karaps being termed ‘demon-worshippers,’ or idolators ; and the Pahlavi translators of the Avesta speak of them, metaphorically, as ‘ blind and deaf’ to the sacred beings.

1 These are called ‘five Fargards’ in Dd. LXI, 3 which appears to refer to §§ 7,13. Or it may be ‘seven,’ if we consider the ‘seven’ of the next chapter as completing the last fourteen sections of this Nask.

CHAPTER XXXV, I4-XXXVI, 17. 113

which is, ov is brought, out of the possession of a defendant, ad property which: is extorted from a man by worrying, or by a noticeable crime upon him ; wth a statement about it.

CHAPTER XXXV, I4-XXXVI, 17. 113

which is, ov is brought, out of the possession of a defendant, ad property which: is extorted from a man by worrying, or by a noticeable crime upon him ; wth a statement about it.

5. About the earnings (vindisnd) of fellow-combatants and fellow-subordinates, w7zth a statement about them. 6. About the coming of land, property, oy anything, held by foreigners, into the princely possession of one from Iran.

7. About the guardianship of a family (didak3) ; likewise the varieties of it, ad the fitness of a man for it. 8. About one’s own family, and whatever is on the same subject. 9. About the income (vindisn6) of wife and child. .

10. About the trouble of the business of obtaining (vindisn6d) a wife, and also her marriage, owing to the urgency of the husband, after the trouble. 11. About er guardian and paramour, and whatever is on the same subject. 12. About the proportion who have to keep a wife to seek for offspring, and the proportion who ave to satisfy menstrual excitement.

13. About adoption; likewise the varieties of it, and fitness for it; the violation of adoption, the sin of the son who is accepted, azd whatever is on the same subject. 14. About the partnership of brothers that has existed, is formed, or is designed; zts abandonment (a-bdkhtikth), the surplus property, the wealth that becomes quite sacrificed (zadak6), and whatever is on the same subject. 15. About property that comes to next of kin through relationship, and that through adoption. 16. About the residue that lapses into ways of righteousness.

17. About where azd in whom, after the father, is

(37] Ip. 114 the prerogative as to a daughter deg given away to a husband. ,

CuarpTteR XXXVII.
Hispiram Nask.

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

2. About the sign of a person's conversion to the religion. 3. About association of several kinds, and one of them is that of the keepers (pad4n) with the flocks (ram4n), and the flocks in connection with the keepers ; and of what kind is the meritoriousness of the keepers of those flocks, as to guardianship of every description; the happy effects of the flock, and those of the keeper, of every description; the advantage from this association, and whatever is on the same subject. 4. One is the association of priestly instructor (rad6) and pupil?, and ther meritoriousness together ; the fame of the priestly instructor for priestly instruction, avd that of the disciple (h4vist6) for every kind of Larning derived from the priestly instructor, and every kind that the priestly instructor zmpar¢ts to the pupil; and the happy effects of the priestly instructor, of every kind, in similar matters. 5. One is the association

5. One is the association

1 It is doubtful whether seven sections are meant, or whether we should read ‘the seven Fargards at the end of one section.’ See, however, Chap. XXXVI, 1 n.

* Pahl. radfiné (Av. ratunaya).

CHAPTER XXXVIT, I-12. IT5

of ceremonial priests (rad-pitsak4n3), the worthiness of a man for the sacerdotal leadership, supplies for the whole of the ceremonial priests, avd whatever is on the same subject. 6. About the highest of all associations}, and about the lawful and virtuous existence of this same association, when ‘here are two men in a case where he who is opulent is always necessary for him who is in innocence, and Aas given him the wealth that he asks for ; or where, when the one shall commit sin, wealth is an affliction to the other ; or the ownership, as to that which the one obtains, is as much even that of the other ; or, on the passing away of the one, it is mingled with the wealth of the other; and whatever is on the same subject.

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

11. About important gifts to the worthy, atonement for deprival of food (atapd4d@é-vig4risnith) 8, and disbursements (atrtizd4n) of that which is legally, and also of that which is derived from what zs legally, property among impoverished (ny drdzd) supplicants. 12. The depriver of food is he who is for early atonement, and ¢hey who severally exzs?,

? That of disinterested and devoted friendship, as appears from the examples given. ® By falsely recommending him as a worthy object of charity. 8 See Chap. XVII, 6 n. 12p. 116 through grazing! and bringing forth, are ¢hey who severally are also in loss of vitality, through deprival of the food of strength avd intellect; even a powerful man is prostrated thereby ; the food which is suitable as atonement for deprival of food, and that which is not suitable.

13. About that through which the indispensable creation of a debt arises, avd whatever is on the same subject. 14. Where z¢ zs the healing of the sick, the spiritual ded¢ is unto the archangel Ashavahist ?, and that which is worldly unto the physician’s anteroom (d4la4nak6).

15. About the worthiness of a good physician for every benefit, avd the unworthiness of a bad physician for any benefit. 16. About each one of the plants being produced by Atharymaczd for the subjugation of one disease at least. 17. About the protectiveness and preciousness of the profession of medicine ; the advantage and reasoning thought of a physician due to the carrying on of 4zs medical practice; the pleasant food, the handsome clothing, and the swift steed for a physician; and 4zs wealth decng as much as that of an average man in a house, village, community, oy province. 18. About the diligently

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

* The personification of ‘perfect righteousness’ (Av. ashavahista) whose special duty is stated to be the care of fire (see Sls. XV, 5,12, 13), and whose name, often written Ardavahist or Ardavahist in Pahlavi, is applied to the second month and third day of the month in the Parsi year (see Chap. XX, 22). He is here connected with the healing of the sick, because of his association with Airyaman, the smiter of diseases (see Vend. XXII, Yt. III, Sir. I,

II, 3).

CHAPTER XXXVII, 13-25. 117

remedial hand of the physician for the sick, opportunely mindful, yet without chastisement.

19. About the sin of a physician through handling (stdakih) and having spread a disease by walking up to the sick, because that is when he would have deen innocent through not Aaving gone. 20. About a great pestilence (sé¢g5), and that which is trivial.

21. About the fee? of a physician for curing a sick person of disease of the whole body, and of each one of the members; even of him who as cured chieftains, both those of the lower grades and him who is the supreme king of kings, and so also various destitute people. 22. About the mode and extent of delivering up fees to a physician, after the declaration of the sick person being well; that is, from whom comes the physician’s fee which is announced for the cure, amd also that which is not announced ; from whom that only which is announced for it, from whom a meal (pishén-1), and from whom nothing whatever of worldly reward comes.

23. About the physician whom one hears? and asks for medical treatment. 24. About a test as to the competency of a physician; that is, how z¢ zs to be made, how it is when it is possible to test zt, and how it is when it is not possible to test 24. 25.

1 In Vend. VII, 36-44 (W.) we have some of the old Avesta laws regarding medical men and their fees. How far the Avesta text of this section of the Hasparam Nask corresponded with that of the Vendtd4d on the same subject it is impossible to determine, because we have always to recollect that this summary of the contents of the Nasks was compiled from their Pahlavi versions (see Chap. I, 3) which included extensive commentaries, adapting the original Avesta statements to the altered circumstances of Sasanian times.

* Or ‘satisfies’ (shn4yé dd).

p. 118

About the sin of a physician who is not tested, and also of him whom it is not possible to test, when he shall undertake the medical treatment of others, and, as regards a limb of any one, there is not anything which is another’s test of him, zor even that which is not another’s test of him, zor that which is a trial of him.

26. About how long is the duration of having sought a physician in Iran whereafter z¢ is allowable, through not obtaining one, to seek 42m even from foreigners. 27. The sin of Zaveng sought one from foreigners, when one can obtain a physician in Iran.
28. About the fee for a foreign physician, and much else on the same subject. 29. The medical treatment of mankind, and also about the medical treatment of beasts of durden and cattle.

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

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

35. About the greatness of eminence of the abode of priestly authorities (rad4n6), doth for procedure

CHAPTER XXXVII, 26-43. 119

About what description of testimony of one of the good religion is received as evidence regarding an infidel, and of an infidel as regards one of the good religion.

35. About the greatness of eminence of the abode of priestly authorities (rad4n6), doth for procedure

CHAPTER XXXVII, 26-43. 119

and for petitions’; the openness of the doors of a priestly authority; the want of eminence of any one through every kind of offence to others, which is owing to his closed doors and evil eminence in every mode ; avd whatever is on the same subject. 36. About the extent of splendour (lfy4n6) and pompdiffusing (vafsh-afg4n5) tokens from the abode of fires, and the arrangement as regards him who casts the allotted twigs and charcoal (kh4r akhgar) into them. 37. About conveying prosperity (padtkh ath) # to the abode of fires appropriately ¢o the capability of every one.

38. About the quality (sam4n) of water oozing out (atridd) and that which is flowing in a channel (ndév-tak). 39. About the characteristics of specified works which are contiguous in a place between two frontiers (mar’z6).

40. About a decision as to a sheep free from unlawful influence—and so also as ¢o one under unlawful influence—which goes to the pasture of others with thievish intention, neglecting its own; and as ¢o that which does so not with thievish intention. 41. About the quantity which one has to provide, in the duration of a day and night, on admitting to pasture and corn, in the case of an ox without defect (an4gaAn6), or of another kind, or a horse, or a sheep, or a goat, or a pig, or an animal of any other kind.

42. About the distance of a residence of mankind from a river flowing in a channel. 43. About the period for letting a sheep graze at pleasure in a pasture, avd that for restraining z¢; the time for not

1 These six words should, perhaps, be appended to the next clause of the sentence. * By providing fuel and other necessaries.

p. 120

cutting trees, and that for little slaughter of sheep. 44. About an article of clothing which is associated with defence, for fear of enemies, avd becomes quite a good omen (suk(in) among mankind, Jeng imperceptible azd appropriate. 45. About a tree with stem uprooted, where and how 2¢ zs allowable.

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

47. About a person who is of note! on account of wealth, avd whatever is on the same subject.
48. About this intermixture of with-the-stream and against-the-stream, with banks and without banks, and waters running and down-pouring (ntyép4n), on the road; that is, which of the waters, running ov down-pouring, is to be earlier reverenced dy 42m who is returning from the road, and the reason of it.
49. About the subordination of the disciple unto the priest, as to eating, drinking, and plenty, goodness and preciousness; azd whatever is on the same subject.

50. About that which occurs when foreigners come to the frontier of Iran, avd shall do damage to Iran ; and the frontier governors and fellow-champions have to repel the foreigners by fighting, to save the Iranian people and property which were

? Reading mfin sakhfinag. Another guess would be min nts6n-f (for nfs&n-i), in which case the translation would be ‘a person /ree from indications relating to wealth,’

boa. ty Y } CHAPTER XXXVII, 44—XxX “at to be made foreign ; and whatever is on the same subject.

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

52. Perfect is the excellence of righteousness.

CuarTrer XXXVIII.

1. One section of the fs¢ thirty of the SakAdtim! contains particulars about reward éy command of the religion, the bridge judgment of the destroyers of the well-commanding, avd the provision for their destruction. 2. About the importance of a man, after fifteen years of age and when he has heard that there is a law? which is good, having sought that law * by faving enquired about it. 3. About a man’s scrutinizing an action before doing z¢, when he does not know whether z¢ de a sin or a good work,

* Corresponding to the eig!.teenth word, yim, in the Ahunavair, according to B. P. Riv.; but it is the nineteenth Nask in other Rivayats. This name, which is here written like Zaki-hat-min, should probably be Zik-a@/t-tftm, meaning ‘the most intimate concerns,’ as the Nask refers chiefly to personal and family law; but it is called Ask&ram, or Sakaddm, in the Rivdyats, which also state that it contained fifty-two kardah, fargards, or vécast; thus agreeing with the total of the sections mentioned in Chaps. XXXVIII, XLI.

? It is possible to read yédat6, ‘sacred being,’ instead of d4d3, “law.’

p. 122

and when z¢ is possible for him to set z# aside and not to do 7¢.

XXXVIII, XLI.

? It is possible to read yédat6, ‘sacred being,’ instead of d4d3, “law.’

p. 122

and when z¢ is possible for him to set z# aside and not to do 7¢.

4. About advice as to Having entered into a house in the night by the light ofa fire, or when one has noticed it in this place, though he goes elsewhere; also the watchful destruction of an injured person, or animal, or garment, avd the retribution for the injury. 5. About the extent of any glitter of the sparks (zakhsh-1-t park4n), ad the width and height of the doors of the constructed work of that appointed place of the fire.

6. About a new-born child, as to how ome has to provide its place, connected lawfully wz¢h illumination’, more particularly for the first three nights.
7. About bringing a fire to drive away the overpowering fiend, and making the child taste first the Hém-juice, so far as collected within its precincts (var4n), and, secondly, the butter of Matddk-zarem ? which is to be brought forward for it; a/so the watchfulness of the father and mother over the child, and the extent of their retiring (navistand) from the two sides of the new-born. 8. About lawfully-made places of several kinds for the child, the limits azd manner of the mother’s giving milk to the child, axd whatever is on the same subject.

g. About carrying forth holy-water, ov even a cooking-pot, to a fire, where the hands are purified and thoroughly washed ; ad the sin owing to an un-

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

* Equivalent to ‘mid-spring butter,’ the Av. maidhyé-zaremaya, ‘mid-verdure,’ being the season corresponding to the middle of the second Parsi month, which was early in May when the year commenced at the vernal equinox (see Bd. XXV, 6, 21).

CHAPTER XXXVIII, 4-13. 123

purified hand, not thoroughly washed, carrying ¢hem forth. 10. About the preservation of the cookingpot, and the rest of one’s operations with the fire, from defilement; 6v¢ when, through want of care, defilement occurs, dy the inexperience of any one bringing z¢ to the fire, he who is careless is thereby contaminated, and the cooking-pot is properly placed in its position.

11. Arranging about properly-made bed-places (g4sv4rak6) in a house, those for children and those for adults; also a decision about @ case whena carpenter (dfrgar) shall make a bed-place properly which one’s own judgment considers improperly made, and when both conszder z¢ improperly, ov when both consider tt properly made ; and more of whatever is on the same subject.

_ 12, About what is the mode of producing seeing properly; azd, when not seeing properly, the oculist (didp4n) to intrust with it is 4e who informs people, who wish for it, sow to extract the defect of sight ; if not, the people go on and hurt; a/so the penalty for hurting, and whatever is on the same subject.

13. About the insubordination of those accustomed to work (k4r-khOgardn) to women and children ; also that of a grown-up man who das been giving no food? three 4mes in succession ; he, too, it is who advanced the fourth ¢me?, because, owing to giving no food a fourth ¢me, the man is he who has to accomplish work unrestrictedly; avd whatever is on the same subject.

? See Chap. XVII, 6.

* This passage appears to refer to that quoted in Farh. Oim, p. 38, ll. 8, 9; though the latter part of Chap. XLI, 19 is more applicable to Il. 4-8 of the same page.

p. 124

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

17. About washing the head, the care of the water and the religious ritual therein, and whatever is on the same subject. 18. About the period for arranging the hair, in which they shave the hair. 19. About the shaving of a child the first time, and the ritual which is taught for it; the performance of shaving dy an instructed barber and with a sharp razor, which is the appointed practice as regards the razor of adults, azd that also for children w2z¢h the children’s razor, because z¢ zs settled healthfulness ; his whetstone (s6n), and also the care of the razor.
20. About the number of the positions of a man, in which a barber can perform shaving, and that of the positions of the barber; asd whatever is on the same subject,

21. About each one of those who are custodians (kirQk-k4r4n6), and the rules of the market ; also their abstaining from wounding each other with a pike (tékh), ov other implement, with which they

’ Or gimak may mean ‘a cup.’ * Reading min ginagfhé.

CHAPTER XXXVIII, 14-29. 125

shall perform ther duty; “kewzse the sin owing to heedlessness. 22. About giving forth a pointed thing lawfully, and a wound owing to not giving 2¢ forth lawfully; lawfully taking and giving away a plate of broken victuals (padkhfr), and a wound owing to doing z¢ unlawfully; and whatever is on the same subject. 23. About the appointed place (daagah) of a horse-course and zts distance from the middle of a town, the nature of the horse-course, the training (farh4ng) azd masters of manceuvres (padan-i farhAngaénd) when in 7¢, the shooting of arrows on the horse-course, av@ the wound which occurs to man ov animal, how it is when culpable, and how it is when not culpable. 24. About admitting a listener; where, why, azd how he zs to be admitted ; avd the guilt ov innocence as regards a wound owing to him.

24. About admitting a listener; where, why, azd how he zs to be admitted ; avd the guilt ov innocence as regards a wound owing to him.

25. About the mode of making a sacred threadgirdle ', and the harm from an unusual formation of it. 26. About lawfully tying 2¢, without the culpability (vazagth) of unauthorised action; a/so when they do not tie z¢ lawfully, d¢ the girdling is knotted (viragt-attd) and twisted owing to culpability (vazagAnth) ; and whatever is on the same subject.

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

29. About warriors who mingle together in panic (mazangth) and darkness; injury happens ¢o one

1 See Dd. XXXIX, 1n.

p. 126

from the other, and the statement of the account published is ¢hat there was a state of terror; also whatever is on the same subject. 30. About the march of an army which is in fear, avd that which is in a state of fearlessness which is the distinction of the army of Iran from those of foreigners. 31. About lawfully and habitually requiring a share, and the harm from unlawfully and unhabitually requiring 27.

32. About carrying firewood, brought away from the hills, into the house; depositing z¢ at first by the tongs (dast-p4nak6d) ; watching, turning, and inspecting z¢, and carrying z¢ away to the fire; that is, how Zo do it lawfully, the sin owing to unlawfully performing z¢, and whatever is on the same subject.
33. About lawfully warming bull’s urine! by the fire, and the sin when z¢ zs not lawfully done.

34. About selecting a pasture, one ranked above the others; that is, how 40 do z¢ lawfully, the sin when one shall do z¢ otherwise, azd, owing to that, he is really injured, oy occasions injury. 35. About what is the mode of construction of a lawfullyformed farm-house (dast-kadak9), the dwelling of the people, azd the place of the beasts of durden and cattle ; a/so the sin when one shall construct zt otherwise, and, owing to that, he is really injured, or occasions injury.

36. A decision about a@ case when one person has lawfully to force away a beast of burden from a control unlawfully exercised, and another person intrudes unauthorisedly, amd vexes the district authorities (pad-dihandn). 37. Also when demg done un-

? Intended for ceremonial purification.

CHAPTER XXXVIII, 30-47. 127

37. Also when demg done un-

? Intended for ceremonial purification.

CHAPTER XXXVIII, 30-47. 127

w lawfully, and the beast dezng away from its control unlawfully exercised, the other person intrudes lawfully; and when both fersons act unlawfully, or when both acé lawfully. 38. About lawfully tying, whereby things are hung up; aad the sin when, ¢hrough an unlawfully-tied fastening, anything is injured, or occasions injury. 39. About unlawfully keeping horses in a stable (Akhdr), and the sin owing to the unlawfulness. 40. And, as regards the cutting of trees and shrubs, where and how z¢ zs lawfully done, and the harm azd sin owing to not lawfully cutting. 41. About the mode of washing clothing, azd the sin owing to different modes. 42. About the mode of walking in, amd the sin owing to unusual walking in. 43. About the custom of a man of the sagacious (d4n4kvar4n) on passing through water, and the harm and sin owing to acting otherwise.

44. About the kinds of canals (n4i)! and fords, from those for two men passing, up to those for many; the dimensions of those whzch are large, and how much ¢hey are each separately sun& into the ground, without collecting water, when the ground is hard, and how much when zé zs soft. 45. The extent of their outer* banks, ad the inspection as to the banks when the water is brackish, warm, and flowing; how far when outside of the water, and how far when in the water. 46. When 7¢ zs brackish, cold, azd flowing; or brackish, warm, and stagnant; or sweet, warm, avd flowing ; how far when in the water, and how far when outside. 47. And, whenp. 128 brackish, cold, axd stagnant; or sweet, cold, and flowing ; or sweet, warm, and stagnant; how far when in the water, and how far when outside of the water. 48. What is the customary operation as regards the inspection of the banks; how is the stagnation (astintd@an6) within a pool dammed up (zaréh-st4nd-aé), and the stone-woré inside, from the canal which is for ten men passing, up to that for many; and how is the damming up inside of the canal, the stagnation within the pool dammed up, or the reedy jungle (vésak5) when distributed and it becomes tall.

* For irrigation.

* Reading virfinag, but the word is miswritten nfrang-f.

49. What are the mode and means of maintaining the supervision of a canal; which is that which one should maintain over the water of the canal when half is distributed, ov, when not, one-third; and which is that when one-third is distributed, ov, when not, one-fourth ; @ superviston which is animate or inanimate, azd after those which are inanimate means are provided’, the former animate omes are then at rest ; avd the harm and sin when they shall act otherwise. 50. And, as regards the same, what is the mode of passage of animals of various species, by swimming across the water ; and the sin, owing to acting otherwise, when harm occurs. 51. About the trampling down at a ford ¢hrough water, when one is newly completing z¢, and when the water is brackish and flowing, when z¢ zs brackish and stagnant, when 7¢ zs sweet and flowing, and when 7¢ zs sweet and stagnant; the reason of passing through on it, and such and such ways for proceeding at

' In the shape of sluices for regulating the supply of water for irrigation,

CHAPTER XXXVIII, 48-59. 129

will thereon; so, also, observation as to the water which Aas remained behind for flowing, and the harm and sin when one does not properly observe 2¢, but walks on.

52. About two of the warriors who meet together on the road, which of them was éusy about the protection of ks horse, and which about the preparation of food; aéso the usage avd other ¢hings in similar matters. 53. The sin of aving eaten food for refreshment on the road, that is, how the custom is a sin when they can act otherwise.

54. About the remedies for sheep and beasts of burden which reinfuse fresh life; and the extent of. keeping the sheep, goat, cow, mare, ass, pig}, and woman with the male. 55. About beasts of burden, sheep (anim44nd), and women, for whom, on account of contraction of orifice, there 7s a use of means for making z¢ not painful (atQtakd). 56. About the extent of the distance of a male beast from the female when it is necessary to be watchful. 57. About the distance that a man das to remove an ox that Aas destroyed some concealed hay (barkasag giyah) which is the hay of others, when they quarrel with him ; how it is when z¢ zs allowable to bring ¢he ox back to Azs home; and whatever is on the same subject.

58. About the security of a man from the death (adsh) of Azs fathers, and danger having arisen for him from a mouth of bad omen. 59. About the sin of a father owing to a child, when, decng given by him to an ill-behaved person ?, he calls ¢¢ and, when

1 Instead of khar va-khaz(ir4, the MS, has khér va-zak-i ras.

* Assuming that min€namak®6-1 stands for epénamaké-1; [37] Kp. 130 it comes, ¢Aere may occur the sin of unlawfully terrifying sheep, and the beast of durden is beaten ; and whatever is on the same subject. 60. About bringing! a plant which is a medicinal herb, and whatever is on the same subject.

it comes, ¢Aere may occur the sin of unlawfully terrifying sheep, and the beast of durden is beaten ; and whatever is on the same subject. 60. About bringing! a plant which is a medicinal herb, and whatever is on the same subject.

61. About a sociable feast (ham-m y4zdth) with idolators, that is, how it is when held authorisedly, and how it is when z¢ zs not; and, when one gives the sociable feast, how it is when they are to be considered unhonoured, and how it is when they are to be considered more honoured even than the Iranians.
62. And about the broken victuals which the idolators have eaten and drunk therein.

63. About the proportion of meat with the bread in atonement for deprival of food*. 64. About an ordeal which is severe, and one which zs not severe ; and the evidence of acquittal from the achievement thereof. 65. About the secrets of the religion, and the sin owing to their being disclosed (gushfftd).
66. About the sin of speaking evil words to the wives of others. 67. About the extent of the most inferior house, village, community, amd province ; and that of the most superior. 68. And about what was the mode of residence of Frashdéstar and GamAsp ° in a plundering (l4iskar) army, and their habits.

the copyist having mistaken ap for a2, and substituted the Zvdris equivalent min for the latter which he supposed was a separate word.

1 Or ‘abstracting.’

® See Chaps. XVII, 6, XXXVII, 11.

* Two brothers who were contemporaries of Zaratfist. Frashéstar was his father-in-law, and Gamasp was prime minister of king Vistasp.

CHAPTER XXXVIII, 60—XXXIX, 5. 131

CHAPTER XX XIX.
Sakédim Nask.

1, One section is the Hakidakanist4n (‘code of sequestrations’), particulars about a statement of seized property, the retention thereof, azd how was the confinement of that whzch was animate; how it is when one keeps z¢ in a shepherd’s-dog’s care, and how it is when in the sequestrator’s care (Lakidak6darth). 2. And when zé¢ zs a seized horse of the warriors, how to keep z# when it is not possible to retain z¢ in confinement of any kind, and the damage which as arisen therefrom; what is the danger to occasion by it, how it is when the shelter (srayisn6)? is on all sides, azd how it is when on one side; while the trust, when ¢here zs shelter, is in the extent of the shelter, how much azd of what kind is the shelter. 3. When 7¢ zs a seized beast of burden, after zts coming into the possession of the sequestrator (ZaAtdak-d4r), for how long 4e has to order work for the reasoning thought of the herdsman, azd how is that of the sequestrator, zz like manner, before he quite attains to his share ; even through his own reasoning thought the work is authorisedly ordered, and how and in what manner is the ordering of his work. 4. And when the seized animal has offspring, 7” what mode fe has to milk zé, as well as the nourishment of the young, and whatever is on the same subject; also the sin owing to doing z¢ unlawfully.

4. And when the seized animal has offspring, 7” what mode fe has to milk zé, as well as the nourishment of the young, and whatever is on the same subject; also the sin owing to doing z¢ unlawfully.

5. About the sequestrator when the beast of burden seized comes into his possession, how it is

2 Av. thra,
K 2

p. 132

when its special reputation is altered, axd how it is when it comes with utility and advantage for him. 6. About the seizer’s keeping a sheep, which is seized, in #ts flock; that is, how the custom is produced, owing to its milk deeng for the sacred feast, and the notification of the feasts is owing to the seized?! sheep; when, too, it is not possible to keep z¢ in the flock, what is the mode of confining z¢#; and when it is not possible to keep z¢ in confinement, what he has to do with it. 7. About the wool of a sheep which is seized; that is, how it is when the shearing is even before the various times specified, azd the sin of shearing when z¢ zs before the time specified, ov one shears when there is no reason for shearing. 8. About the lambing (gurfsid6) of the sheep seized, and the sin owing to z¢s not lambing.

g. About sheltering (srudan5)? the seized animal in the most public place in a house, village, community, ov province. 10. About the sin of the shepherd when, without saving z¢ for the sequestrator, and through the guilelessness of the sequestrator, he shall carry away a female; avd the sin which is owing to the offence as regards unlawfully beating and wounding 2¢, before z¢ 7s seized for the buyers of meat (khdr-khar4n$), and other offences regarding it. 311. About the time appointed, between the shepherd and the sequestrator, for leading and bringing the female, de/onging to the sequestrator, to the place for which the time is appointed ; 2” the case when the shepherd arrives and the sequestrator does

' Instead of hakidak6, ‘seized,’ the MS. has the very similarly written word avégak6, ‘pure.’ * Compare srayisn6 in § 2, and srfidan in § 11.

CHAPTER XXXIX, 6-15. 133

not, how that which de/ongs ¢o the sequestrator is to come into the possession of the sequestrator, and when ; when z¢ zs the sheep or beast of burden of a sequestrator?, how z¢zs to come into the possession of that sequestrator ; when the sheep ov beast of durden which is seized dies in the possession of the sequestrator, how and how long Ae has to shelter (srddan) the young ones (gur{is) and wool of the same several sheep ; avd the sin when he does not shelter chem, or does z¢ otherwise.

12, About a sheep ? which is mingled among the flock of any one that is in sequestration, how it is when the shepherd, a7d how it is when the shepherd’s dog, is its own; and when it is mingled among any flock owing to sequestration, how it is when the shepherd, azd how it is when the shepherd’s dog, [who is its own]* goes to another flock ; how it is when the first flock-owner, avd how it is when the second, is its own. 13. About the killing of a seized sheep éy a shepherd’s dog for necessary provisions ; that is, how 7¢ zs allowable, and zz what mode z¢ zs to be done.

14. About him unto whom the sheep ov beast of burden which is seized zs delivered when it comes into a district ; azd the sequestrator’s informing the governor of the district, in whose herd the sheep or beast of burden which is seized remains, as to the species, colour, and form of it*. 15. Watching over

' Perhaps another sequestrator is meant.

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

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

* Reading va-darand-f denman.

p. 134

a man with sheep, who is in a disabled state of illness owing to a wound vccezved in his duty as regards slaughtering; the case when 4e zs concealed from a passer-by (amat nthAn min vid4r) and there is protection, when 4e zs an eater and there is no protection, when e zs not eating and there is protection, and when 4e zs not eating and there is no protection.

16. About the distraction' of a sequestrator as regards a sheep or beast of burden which is seized, when z/ zs one out of four varieties 2, and when one out of three; when he nourishes 2z¢ for half a year, and when for the duration of a year; when that which he obtains is a young ome, and when that which he obtains is large, where azd what is a shelter for it, and, as ¢o the care of it, how it is when 7 a grain vault (¢ig4rak6-1), azd when it is under a tree; how it is when zz a damaged cellar (varkh6-1-t kQstak6), and how it is when zx a cage (pangar-1) which is not incomplete, 6ué zs broken, or zs not incomplete and zs sound, or zs complete and sound.

17. About treasure which ¢hey find in the surroundings of a dwelling, ad that which they find within the limits of the dwelling of any one. 18. About buried treasure when it is found by the side of a

* Reading hdzaké, but it is possibly a contracted forin of ay dvaké, ‘gain.’

* If it were allowable to omit this word, 4yfinaké, ‘ variety,’ and to substitute ‘gain’ for ‘distraction,’ the sentence would stand as follows :—‘ About the gain of a sequestrator as regards a sheep or beast of burden which is seized, when he nourishes #/ for onefourth, when /or one-third, when for half a year, and when for the duration of a whole year.’ This seems more intelligible than the text as it stands in the MS.

CHAPTER XXXIX, 16-23. 135

road, and the ground is hard, how it is when it is one finger-dreadth below, and how it is when 7¢ zs two finger-dveadths ; as well as (ham-g fin) when the ground is soft, how it is when it is two fingerbreadths below, and how it is when 2¢ zs three fingerbreadths. 19. When it is found within the road, and the ground is hard, how it is when it is two fingerbreadths below, and how it is when z¢ zs three fingerbreadths,; and when the ground is soft, how it is when it is three finger-readths below, and how it is when 7¢ zs four finger-dreadths. 20. When 27? zs in an ascent oy descent, there where ove turns out from the road, and the ground is hard, how it is when it is below wf to the instep’, and how it is when 2z¢ zs up to the middle of the leg (patist4n)?; axdzf soft, how it is when it is below up to the middle of the leg, and how it is when 7¢ zs up to the knee. 21. When z¢2sin a stream of water, and the ground is hard, how it is when it is below up to the knee, and how it is when z¢ zs up to mid-thigh; and when the ground is soft, how it is when it is below up to midthigh, axd how it is when z¢ zs up to the testicles. 22. When 2? zs in a ford through the water, and the ground is hard, how it is when it is below up to the testicles, and how it is when z¢ zs up to the navel ; and when the ground is soft, how it is when it is below xf ¢o the navel, and how it is when 7¢ zs up to the mouth. 23. And when z¢ zs in a kitchen (askh4nd), the middle of a garden (van), ov a sheepfold (pah-hastd); that is, how it is when z zs not a permanent residence (afrédz-mAnisnd) of any-

1 Supposing that Paz. Aavad is intended for 4frapad. * That is, up to the shin.

p. 136

body, azd how it is when z¢ zs a permanent residence 3.

24. About 42m wha nourishes a sheep which is seized ; that is, how it is when 2¢ zs out of his store, and how it is when he nourishes it as it arrives.
25. About a dispute as regards a sheep that is seized, when one Jerson says z¢ was born of the colour of the mother, and another one says it was of her form’, both demg true; or one person mentions a single characteristic truly, and another one mentions many characteristics of it untruly; the cases when they mention zés peculiarities otherwise, avd in what manner; and whatever is on the same subject. |
26. About a sheep? seized, which as to pass on through the loftiest places in which ¢here is lawfully shelter ; ad how there are three years, three exist- -ences (ahvén), three places, nine occasions, and also many other regulations on the same subject.

CHAPTER XL.
Sakidim Nask.

1. One section is the ZiyA4nakist4n (‘code of the injured’), about anything which is animate—and that which 7s inanimate—injured through lawfully living, giving, receiving, ov delivering back ; the duty of protection and care for both kinds; the nourish-

CHAPTER XL.
Sakidim Nask.

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

5 Reading darand-f denman.

* Supposing that pés stands for pah.

CHAPTER XXXIX, 24-XL, 5. 137

ment, extension, sustentation, stimulation, establish-— ment, consolation, and also gratification of an animate being ; and the retribution for sin due to unlawfulness as regards the same matters.

2. About an example of a damaged gift, zz the case when one gives the thing ¢o a poor (gadak) person at an appointed time, ad when at one unappointed ; axd zm the case when one gives him an increase, where avd what is the increase. 3. A decision about a shepherd when they shall bring 42m back an animal}, when damaged, before z¢s subdivision; what he obtains for the damaged animal when not delivered back at the time of subdivision ; when the duty about it is dictated by a religious man, and when he keeps 2¢ in 42s own possession.

4. About property which is inanimate, whose subdivisions, each separately, when ome keeps them in use*, and when in reserve (armést6), are greater and less in value; that is, through so much effecting of penance (av4kangisnd) worthily, ov through so much bringing of interest; and thé capital is the same 7” value, the increase Jeng the growth of dividends.

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

1 Probably one sold by him to a butcher.

* For trading, or pious purposes.
* Suffering wrongs without complaint being meritorious.

p. 138

CHAPTER XLI.
Sakidim Nask.

1. One section of the /asé twenty-two is the Vakhshistan (‘z#crease code’), particulars about the progress of increase. 2. About atonement, surrender, and compensation for anything, through dispelling z¢ by compensating, atoning, avd surrendering to 42m whose own z¢ 7s; the period thereof not bezng appointed. 3. When he, whose origination of compensation, atonement, avd surrender is his own, has appointed the period thereof, the growing of the sin actively, after the appointed time, is increase.

4. About increase? which is active (kavdak5), and that which is existent (zistak6); how it is when the existent becomes quite active, and how it is when both are suppressed (arméstt-att). 5. About the extraction of increase upon increases which they may occasion #p to an equality ; where and which z¢ zs. 6. About a righteous gift; that is, how it is when overwhelmed by impoverishment, and how it is when its increase still proceeds.

5. About the extraction of increase upon increases which they may occasion #p to an equality ; where and which z¢ zs. 6. About a righteous gift; that is, how it is when overwhelmed by impoverishment, and how it is when its increase still proceeds.

7. About the progress of interest (vakhsh) upon effective wealth, when there is interest for it, and the interest thereon accumulates; also that which does not progress ; how it is when the debtor (@v4m-hémé6nd), even on bringing back the wealth, is opulent, azd the lender (¢v4m nafsman) is opulent on asking for z¢; how it is when each is not opulent, azd the debtor was not opulent ‘on asking for zt; and how it is when the lender (@v4m khvés)

? As this word is written vakhs (=n4s) it is doubtful whether vakhsh, ‘increase,’ or vinds, ‘sin,’ is intended ; and the context is insufficient to solve the doubt.

CHAPTER XLI, I-I4. 139

is opulent on asking for z¢, and the debtor is not opulent through the wealth.

8. About where azd when the life (zistand) of the lender has once passed away, how z¢ zs when the loan is to be issued anew at the end of the issue (zihtsn6), and how it is when 2¢ das existed in force, through the one issue 4y the deceased, and the interest accrues. 9. When the debtor passes away, how it is when he puts the interest into the property of any one through adoption, ad how it is when 2¢ zs the interest of the possessor of the wealth in both worlds.

10. About the peculiarity of retribution, the selfretribution of one liable to retribution for others, and the limit of one’s own retribution. 11. About the penalty (tavan) of him who, purchasing axzmads for impregnation, gives each a bad male ; when ¢hey are not pregnant, azd when they may produce; and whatever is on the same subject. 12. About the time of allowing the admission of the male ¢o the beast of burden, sheep, and camel, and the time of consignment ¢o each separate male for whom reception remains; the case when z¢ zs the time for admission of the male (gQsn-hilih), ad the case when z¢ 2s such a consignment as when the period, which is really originating with the admission of the male, has continued. 13. When, on account of no consignment ¢o the male at the proper time, the female goes on unimpregnated, and there is no pregnancy of the cow, mare, camel, sheep, goat, or pig, each separately, how much the penalty is; a/so the sin they commit.

14. About the camel, mare, cow, or sheep, unto whom ¢here is damaged milk, void of butter (akarag), owing to the appointed time one postpones; also the

p. 140

14. About the camel, mare, cow, or sheep, unto whom ¢here is damaged milk, void of butter (akarag), owing to the appointed time one postpones; also thep. 140 average and least milk of the mare, cow, goat, and sheep, that is, the measure of their one milking, each separately. 15. About the camel, that is, how much is its production of hair in a year, and the extent that the camel is surpassing therein among cattle; of them is also the ass that they allow to be seized upon for as much value as that of the oxen, and the mode of beating them up. 16. Where and how it is when the females of the camel and horse are a multiplying (afztn6) cenazng to dissatisfaction ; the increase even of increases of the ox, sheep, and goat progresses, and of them how much less is the multiplying of the female—which is an increase of increases dending to dissatisfaction, where z¢ zs extending over them—to be produced than that of the male.

17. The camel which is injured o# the road, beyond the end of the appointed time, when they keep it a¢ work unlawfully and the road is bad, when aé¢ work unlawfully avd the road is good, and when comfortable at pasture, where seizing upon it becomes ‘ending to dissatisfaction in several ways, and they are severally buying z# when really invigorated’, or af a price.

18. For how much increase of increases he stands up who is buying also an invigorated dog, or pig, at a price; and when 2¢ zs ¢ha? the increase and increase of increases remain undeveloped in them, as it does whenever property, oz which the interest of the residue and income accumulates, is still for the children of the well-destined.

* Paz. aésanghen, both here and in § 18, no doubt for Av. aoganghem, as in Chap. XX, 58, the Av. » g and » s being much alike.

CHAPTER XLI, 15-26. 141

19. About 42m whose supplies some one is silently (ag6p5) buying up, and the seller and important holder is quite bereaved, so that the bereaver has plenty for one deprived of food om a summer's day, and plenty for him who is so also om a winter's day (dim-iftk); adso the supplying of mankind and fire lawfully, in the beginning, for a summer's day and night, azd that for a winter's one}, 20. About clothing when 2¢ is ‘hat which one strips off for donation. 21. About the penalty for a first deprival of food, and the sin of it; adso the penalty of the second and third, up to the tenth.