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Romanised transliteration as printed by the translator, not the original script. This is what we hold.
1We will give a few instances of it, as found in the Vendidad itself. The process of the cleansing varies according to the degree of uncleanness; and, again, the degree of uncleanness depends on the state of the thing that defiles and the nature of the thing that is defiled. The uncleanness from the dead is the worst of all, and it is at its utmost when contracted before the Nasu has been expelled from the corpse by the Sag-did?: it can be cured only by means of the most complicated system of cleansing, the nine nights’ Barashniim %, If the Nasu has already been expelled from the corpse, as the defiling power was less, a simple washing once made, the Ghosel, is enough °. The defiling power of the Nasu reaches farther, if the death has just taken place, and if the dying creature occupied a higher rank in the scale of beings*; for the more recent the victory of the demon, or the higher the being he has overcome, the stronger he must have been himself. Menstruous women are cleansed by the Ghosel *. As for things they are more or less deeply defiled according to their degree of penetrability : metal vessels can be cleansed, earthen vessels cannot®; leather is more easily cleansed than woven cloth’; hard wood than soft wood °. Wet matter is a better conductor of uncleanness than dry matter, and corpses cease to defile after a year ®. 1 Farg. VIII, 35-36; 98-99; cf. VII, 29-30, and n. 6 to 30. ? Farg. IX. The Barashniim, originally meant to remove the uncleanness from the dead, became a general instrument of holiness. Children when putting on the Késtt (Farg. XVIII, 9, n. 3) perform it to be cleansed from the natural uncleanness they have contracted in the womb of their mothers. It is good for every one to perform it once a year. > Farg. VIII, 36. « Farg. V, 27 seq.; VII, 1 seq. 5 Farg. XVI, 12. * Farg. VII, 73 seq. 7 Farg. VII, 14 seq. ® Farg. VII, 28 seq. ® Farg. VIII, 33-34. (4) f Ixxxii VEND{DAD. B. § 17. In the cases heretofore reviewed, religious purposes are alone concerned. There is another order of laws, in which, although religion interferes, yet it is not the root of the matter; namely, the laws about contracts and assaults, to which the fourth Fargard is devoted, and which are the only remains extant of the civil and penal legislation of Zoroastrianism. The contracts were divided into two classes, according to their mode, and according to the valye of their object '. As to their mode they are word-contracts or hand-contracts: as to their object, they are sheep-contracts, oxcontracts, man-contracts, or field-contracts, which being estimated in money value are contracts to the amount of 3, 12, 500 istirs, and upwards %. No contract can be made void by the will of one party alone; he who breaks a contract is obliged to pay the value of the contract next higher in value. The family and the next of kin are, it would seem, answerable for the fulfilment of a contract, a principle of the old Indo-European civil law *,
2The family and the next of kin are, it would seem, answerable for the fulfilment of a contract, a principle of the old Indo-European civil law *, § 18. Assaults are of seven degrees: A4gerepta, avaoirista*, stroke, sore wound, bloody wound, broken bone, and manslaughter. The gravity of the guilt does not depend on the gravity of the deed only, but also on its frequency. Each of these seven crimes amounts, by its being repeated without having been atoned for, to the crime that immediately follows in the scale, so that an 4gerepta seven times _ repeated amounts to manslaughter. Cc. § 19. Every crime makes the guilty man liable to two penalties, one here below, and another in the next world. 1 See p. 35, 2. 3- ® An istir (orarhp) is as much as four dirhems (8payph). The dirhem is estimated by modern tradition as a little more than a rupee, but the authority is doubtful (see Sacred Books of the East, vol. xviii, p. 180, n. 2). ® Farg. IV, 5 seq. * Two different sorts of menaces; see IV, 17. INTRODUCTION, X. Ixxxiii The penalty here below consists of a certain number of stripes with the Aspahé-astra or the Sraoshé-arana '. The unit for heavy penalties is two hundred stripes; the crime and the criminal thus punished are called Peshétanu or Tanu-peretha (Parsi: Tanafahr). The two words literally mean, ‘one who pays with his own body,’ and ‘payment with one’s body,’ and seem to have originally amounted to ‘ worthy of death, worthiness of death ;’ and in effect the word Peshé-tanu is often interpreted in the Pahlavi Commentary by margarz4n, ‘worthy of death. But, on the whole, it was attached to the technical meaning of ‘one who has to receive two hundred strokes with the horse-whip?.’ The lowest penalty in the Vendidad is five stripes, and the degrees from five stripes to Peshétanu are ten, fifteen, thirty, fifty, seventy, ninety, two hundred. For instance, 4gerepta is punished with five stripes, avaoirista with ten, stroke with fifteen, sore wound with thirty, bloody wound with fifty, broken bone with seventy, manslaughter with ninety; a second manslaughter, committed without the former being atoned for, is punished with the Peshétanu penalty. In the same way the six other crimes, repeated eight, or seven, or six, or five, or four, or three times make the committer go through the whole series of penalties up to the Peshétanu penalty.
3In the same way the six other crimes, repeated eight, or seven, or six, or five, or four, or three times make the committer go through the whole series of penalties up to the Peshétanu penalty. 1 The general formula is literally, ‘Let (the priest ; probably, the Sraoshavarez) strike so many strokes with the Aspahé-astra, so many strokes with the Sraosh6-éarana,’ Astra means in Sanskrit ‘a goad,’ so that Aspahé-astra may mean ‘a horse-goad ;’ but Aspendifirji translates it by darra, ‘a thong,’ which suits the sense better, and agrees with etymology too (‘an instrument to drive a horse, a whip;’ astra, from the root az, ‘to drive;’ it is the Aspahé-astra which is referred to by Sozomenos II, 13: indow dpois xaAewds atriv tBacaveoay of péryor (the Sraosh&-varez), Bia(épevor spooxurijcas roy fArcv). Sraoshdé- Aarana is translated by £Abuk, ‘a whip,’ which agrees with the Sanskrit translation of the st-srésh54aranam sin, ‘yat tribhir gosarmasa/aghatdis prayasdityam bhbavati tavanmatram, a sin to be punished with three strokes with awhip.’ It seems to follow that Aspahé-astra and Sraoshé-sarana are one and the same instrument, designated with two names, first in reference to its shape, and then to its use (Sraoshé-Zarana meaning ‘the instrument for penalty,’ or “the instrument of the Sraoshf-varez?’). The Aspahé-astra is once called astra mairya, ‘the astra for the account to be given,’ that is, ‘for the payment of the penalty’ (Farg. XVIII, 4). * Farg. IV, 20, 21, 24, 25, 28, 29, 32, 33, 35, 36, 38; 39, 41, 42; V, 443 VI, 5) 9: 19, 48, &c. f 2 Ixxxiv VEND{DAD.
The source text as printed, transcribed diplomatically. Where the source language uses a non-Latin script that reaches us only through a Victorian romanisation, this layer is labelled transliteration, because that is what we hold.
Romanised transliteration as printed by the translator, not the original script. This is what we hold.
1We will give a few instances of it, as found in the Vendidad itself. The process of the cleansing varies according to the degree of uncleanness; and, again, the degree of uncleanness depends on the state of the thing that defiles and the nature of the thing that is defiled. The uncleanness from the dead is the worst of all, and it is at its utmost when contracted before the Nasu has been expelled from the corpse by the Sag-did?: it can be cured only by means of the most complicated system of cleansing, the nine nights’ Barashniim %, If the Nasu has already been expelled from the corpse, as the defiling power was less, a simple washing once made, the Ghosel, is enough °. The defiling power of the Nasu reaches farther, if the death has just taken place, and if the dying creature occupied a higher rank in the scale of beings*; for the more recent the victory of the demon, or the higher the being he has overcome, the stronger he must have been himself. Menstruous women are cleansed by the Ghosel *. As for things they are more or less deeply defiled according to their degree of penetrability : metal vessels can be cleansed, earthen vessels cannot®; leather is more easily cleansed than woven cloth’; hard wood than soft wood °. Wet matter is a better conductor of uncleanness than dry matter, and corpses cease to defile after a year ®. 1 Farg. VIII, 35-36; 98-99; cf. VII, 29-30, and n. 6 to 30. ? Farg. IX. The Barashniim, originally meant to remove the uncleanness from the dead, became a general instrument of holiness. Children when putting on the Késtt (Farg. XVIII, 9, n. 3) perform it to be cleansed from the natural uncleanness they have contracted in the womb of their mothers. It is good for every one to perform it once a year. > Farg. VIII, 36. « Farg. V, 27 seq.; VII, 1 seq. 5 Farg. XVI, 12. * Farg. VII, 73 seq. 7 Farg. VII, 14 seq. ® Farg. VII, 28 seq. ® Farg. VIII, 33-34. (4) f Ixxxii VEND{DAD. B. § 17. In the cases heretofore reviewed, religious purposes are alone concerned. There is another order of laws, in which, although religion interferes, yet it is not the root of the matter; namely, the laws about contracts and assaults, to which the fourth Fargard is devoted, and which are the only remains extant of the civil and penal legislation of Zoroastrianism. The contracts were divided into two classes, according to their mode, and according to the valye of their object '. As to their mode they are word-contracts or hand-contracts: as to their object, they are sheep-contracts, oxcontracts, man-contracts, or field-contracts, which being estimated in money value are contracts to the amount of 3, 12, 500 istirs, and upwards %. No contract can be made void by the will of one party alone; he who breaks a contract is obliged to pay the value of the contract next higher in value. The family and the next of kin are, it would seem, answerable for the fulfilment of a contract, a principle of the old Indo-European civil law *,
2The family and the next of kin are, it would seem, answerable for the fulfilment of a contract, a principle of the old Indo-European civil law *, § 18. Assaults are of seven degrees: A4gerepta, avaoirista*, stroke, sore wound, bloody wound, broken bone, and manslaughter. The gravity of the guilt does not depend on the gravity of the deed only, but also on its frequency. Each of these seven crimes amounts, by its being repeated without having been atoned for, to the crime that immediately follows in the scale, so that an 4gerepta seven times _ repeated amounts to manslaughter. Cc. § 19. Every crime makes the guilty man liable to two penalties, one here below, and another in the next world. 1 See p. 35, 2. 3- ® An istir (orarhp) is as much as four dirhems (8payph). The dirhem is estimated by modern tradition as a little more than a rupee, but the authority is doubtful (see Sacred Books of the East, vol. xviii, p. 180, n. 2). ® Farg. IV, 5 seq. * Two different sorts of menaces; see IV, 17. INTRODUCTION, X. Ixxxiii The penalty here below consists of a certain number of stripes with the Aspahé-astra or the Sraoshé-arana '. The unit for heavy penalties is two hundred stripes; the crime and the criminal thus punished are called Peshétanu or Tanu-peretha (Parsi: Tanafahr). The two words literally mean, ‘one who pays with his own body,’ and ‘payment with one’s body,’ and seem to have originally amounted to ‘ worthy of death, worthiness of death ;’ and in effect the word Peshé-tanu is often interpreted in the Pahlavi Commentary by margarz4n, ‘worthy of death. But, on the whole, it was attached to the technical meaning of ‘one who has to receive two hundred strokes with the horse-whip?.’ The lowest penalty in the Vendidad is five stripes, and the degrees from five stripes to Peshétanu are ten, fifteen, thirty, fifty, seventy, ninety, two hundred. For instance, 4gerepta is punished with five stripes, avaoirista with ten, stroke with fifteen, sore wound with thirty, bloody wound with fifty, broken bone with seventy, manslaughter with ninety; a second manslaughter, committed without the former being atoned for, is punished with the Peshétanu penalty. In the same way the six other crimes, repeated eight, or seven, or six, or five, or four, or three times make the committer go through the whole series of penalties up to the Peshétanu penalty.
3In the same way the six other crimes, repeated eight, or seven, or six, or five, or four, or three times make the committer go through the whole series of penalties up to the Peshétanu penalty. 1 The general formula is literally, ‘Let (the priest ; probably, the Sraoshavarez) strike so many strokes with the Aspahé-astra, so many strokes with the Sraosh6-éarana,’ Astra means in Sanskrit ‘a goad,’ so that Aspahé-astra may mean ‘a horse-goad ;’ but Aspendifirji translates it by darra, ‘a thong,’ which suits the sense better, and agrees with etymology too (‘an instrument to drive a horse, a whip;’ astra, from the root az, ‘to drive;’ it is the Aspahé-astra which is referred to by Sozomenos II, 13: indow dpois xaAewds atriv tBacaveoay of péryor (the Sraosh&-varez), Bia(épevor spooxurijcas roy fArcv). Sraoshdé- Aarana is translated by £Abuk, ‘a whip,’ which agrees with the Sanskrit translation of the st-srésh54aranam sin, ‘yat tribhir gosarmasa/aghatdis prayasdityam bhbavati tavanmatram, a sin to be punished with three strokes with awhip.’ It seems to follow that Aspahé-astra and Sraoshé-sarana are one and the same instrument, designated with two names, first in reference to its shape, and then to its use (Sraoshé-Zarana meaning ‘the instrument for penalty,’ or “the instrument of the Sraoshf-varez?’). The Aspahé-astra is once called astra mairya, ‘the astra for the account to be given,’ that is, ‘for the payment of the penalty’ (Farg. XVIII, 4). * Farg. IV, 20, 21, 24, 25, 28, 29, 32, 33, 35, 36, 38; 39, 41, 42; V, 443 VI, 5) 9: 19, 48, &c. f 2 Ixxxiv VEND{DAD.
The source text as printed, transcribed diplomatically. Where the source language uses a non-Latin script that reaches us only through a Victorian romanisation, this layer is labelled transliteration, because that is what we hold.
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