The Zend-Avesta, Part I: The Vendîdâd — SBE Vol. 4 (trans. James Darmesteter, 1880)

Open to allEdited by F. Max Müller; translated by Müller, Legge, Bühler, West, Darmesteter, Palmer, Telang, Thibaut, Jolly, Rhys Davids, Oldenberg, Jacobi, Bloomfield and others297 segments · 100 pp
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The translator’s English as printed (James Darmesteter). The original-language text is not held; names are romanised as the translator printed them.

7 (22). ‘It is the fourth of these sins when a man has intercourse with a woman who has the whites or sees the blood, the man that has done the deed becomes a Peshdtanu °.

8 (25). ‘It is the fifth of these sins when a man has intercourse with a woman quick with child ‘, whether the milk has already come to her breasts or has not yet come: she may come to grief thereby; if she come to grief thereby °, the man who has done the deed becomes a Peshétanu.

' He who gives too hot food to a dog so as to burn his throat is margarz4n (guilty of death); he who gives bones to a dog so as to tear his throat is margarz4n (Gr. Rav. 639).

* If a bitch is big with young and a man shouts or throws stones at her, so that the whelps come to mischief and die, he is margarzan (Gr. Rav. 639).

* See Farg. XVI, 14 seq.

‘ When she has been pregnant for four months and ten days, as it is then that the child is formed and a soul is added to its body (Anquetil II, 563).

5 Or better, ‘ifthe childdie.’ ‘If a man come to his wife [during her pregnancy] so that she is injured and bring forth a still-born child, he is margarzan’ (Old Rav. 115 b).

(4) N

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II a.

9 (30). ‘If a man come near unto a damsel, either dependent on the chief of the family or not dependent, either delivered [unto a husband] or not delivered’, and she conceives by him, let her not, being ashamed of the people, produce in herself the menses, against the course of nature, by means of water and plants *.

10 (34). ‘ And if the damsel, being ashamed of the people, shall produce in herself the menses against the course of nature, by means of water and plants, it is a fresh sin as heavy [as the first] *.

11 (36). ‘If a man come near unto a damsel, either dependent on the chief of the family or not dependent, either delivered [unto a husband] or not delivered, and she conceives by him, let her not, being ashamed of the people, destroy the fruit in her womb. —

12 (38). ‘And if the damsel, being ashamed of the people, shall destroy the fruit in her womb, the sin is on both the father and herself, the murder

1 “Whether she has a husband in the house of her own parents or has none; whether she has entered from the house of her own parents into the house of a husband [depending on another chief of family] or has not’ (Comm.)

* By means of drugs.

8 «Tt is a tanffdhr sin for her: it is sin on sin’ (the first sin being to have allowed herself to be seduced), Comm. ‘If there has been no sin in her (if she has been forced), and if a man, knowing her shame, wants to take it off her, he shall call together her father, mother, sisters, brothers, husband, the servants, the menials, and the master and the mistress of the house, and he shall say, ‘‘ This woman is with child by me, and I rejoice in.it;” and they shall answer, ‘‘ We know it, and we are glad that her shame is taken off her ;” and he shall support her as a husband does’ (Comm.)

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p. 179

is on both the father and herself ; both the father and herself shall pay the penalty for wilful murder '.

II b.

13 (40). ‘If a man come near unto a damsel, either dependent on the chief of the family or not dependent, either delivered [unto a husband] or not delivered, and she conceives by him, and she says, “IT have conceived by thee;” and he replies, “Go then to the old woman? and apply to her for one of her drugs, that she may procure thee miscarriage ;”

14 (43). ‘And the damsel goes to the old woman and applies to her for one of her drugs, that she may procure her miscarriage ; and the old woman brings her some Banga, or Shaéta, a drug that kills in the womb or one that expels out of the womb, or some other of the drugs that produce miscarriage and [the man says], “Cause thy fruit to perish!” and she causes her fruit to perish; the sin is on the head of all three, the man, the damsel, and the old woman.

15 (49). ‘If a man come near unto a damsel, either dependent on the chief of the family or not dependent, either delivered [unto a husband] or not delivered, and she conceives by him, so long shall he support her, until the child be born.

16 (51). ‘If he shall not support her, so that the child comes to grief‘, for want of proper support, he shall pay for it the penalty for wilful murder.’

? For baodhé-varsta; cf. VII, 38.

* The nurse (Framjf) or the midwife.

* Banga is bang or mang, a narcotic made from hempseed, shaéta is another sort of narcotic.

* And dies. .

N 2

p. 180

17 (54). O Maker of the material world, thou Holy One! If she be near her time, which is the worshipper of Mazda that shall support her ?

18 (56). Ahura Mazda answered: ‘If a man come near unto a damsel, either dependent on the chief of the family or not dependent, either delivered [unto a husband] or not delivered, and she conceives by him, so long shall he support her, until the child be born }.

19 (58). ‘If he shall not support her?....

‘It lies with the faithful to look in the same way after every pregnant female, either two-footed or fourfooted, two-footed woman or four-footed bitch.’

III.

20 (61). O Maker of the material world, thou Holy One! If (a bitch §) be near her time, which is the worshipper of Mazda that shall support her ?

21 (63). Ahura Mazda answered: ‘He whose house stands nearest, the care of supporting her is his‘; so long shall he support her, until the whelps be born.

22 (65). ‘If he shall not support her, so that the

*$18=§ 15.

* The sentence is left unfinished: Framjf fills it with the words in § 16, ‘so that the child,’ &c. It seems as if § 17, 18 were no part of the original text, and as if § 17 were a mere repetition of § 20, which being wrongly interpreted as referring to a woman would have brought about the repetition of § 15 as an answer. See § 20.

* The subject is wanting in the text: it is supplied from the Commentary and from the sense.

See § 20.

* The subject is wanting in the text: it is supplied from the Commentary and from the sense.

‘©The bitch is lying on the high road: the man whose house has its door nearest shall take care of her. If she dies, he shall carry her off [to dispose of the body according to the law]. One must support her for at least three nights: if one cannot support her any longer, one intrusts her to a richer man’ (Comm. and Framji).

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whelps come to grief, for want of proper support, he shall pay for it the penalty for wilful murder.’

23 (68). O Maker of the material world, thou Holy One! If a bitch be near her time and be lying in a stable for camels, which is the worshipper of Mazda that shall support her ?

24 (70). Ahura Mazda answered: ‘ He who built the stable for camels or whoso holds it !, the care of supporting her is his; so long shall he support her, until the whelps be born.

25 (76). ‘If he shall not support her, so that the whelps come to grief, for want of proper support, he shall pay for it the penalty for wilful murder.’

26 (77), O Maker of the material world, thou Holy One! If a bitch be near her time and be lying in a stable for horses, which is the worshipper of Mazda that shall support her ?

27 (78). Ahura Mazda answered: ‘He who built the stable for horses or whoso holds it, the care of supporting her is his; so long shall he support her, until the whelps be born.

28 (81). ‘If he shall not support her, so that the whelps come to grief, for want of proper support, he shall pay for it the penalty for wilful murder.’

29 (84). O Maker of the material world, thou Holy One! If a bitch be near her time and be lying in a stable for oxen, which is the worshipper of Mazda that shall support her ?

30 (86). Ahura Mazda answered: ‘He who built the stable for oxen or whoso holds it, the care of supporting her is his; so long shall he support her, until the whelps be born.

? «In pledge or for rent’ (Framjt).

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31 (89). ‘If he shall not support her, so that the whelps come to grief, for want of proper support, he shall pay for it the penalty for wilful murder.’

32 (92). O Maker of the material world, thou Holy One! If a bitch be near her time and be lying in a sheep-fold, which is the worshipper of Mazda that shall support her?

33 (94). Ahura Mazda answered: ‘He who built the sheep-fold or whoso holds it, the care of supporting her is his; so long shall he support her, until the whelps be born.

34 (97). ‘If he shall not support her so that the whelps come to grief, for want of proper support, he shall pay for it the penalty for wilful murder.’

35 (100). O Maker of the material world, thou Holy One! If a bitch be near her time and be lying on the earth-wall', which is the worshipper of Mazda that shall support her ?

36 (102). Ahura Mazda answered: ‘He who erected the wall or whoso holds it, the care of supporting her is his; so long shall he support her, until the whelps be born.

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7 (22). ‘It is the fourth of these sins when a man has intercourse with a woman who has the whites or sees the blood, the man that has done the deed becomes a Peshdtanu °.

8 (25). ‘It is the fifth of these sins when a man has intercourse with a woman quick with child ‘, whether the milk has already come to her breasts or has not yet come: she may come to grief thereby; if she come to grief thereby °, the man who has done the deed becomes a Peshétanu.

' He who gives too hot food to a dog so as to burn his throat is margarz4n (guilty of death); he who gives bones to a dog so as to tear his throat is margarz4n (Gr. Rav. 639).

* If a bitch is big with young and a man shouts or throws stones at her, so that the whelps come to mischief and die, he is margarzan (Gr. Rav. 639).

* See Farg. XVI, 14 seq.

‘ When she has been pregnant for four months and ten days, as it is then that the child is formed and a soul is added to its body (Anquetil II, 563).

5 Or better, ‘ifthe childdie.’ ‘If a man come to his wife [during her pregnancy] so that she is injured and bring forth a still-born child, he is margarzan’ (Old Rav. 115 b).

(4) N

p. 178

II a.

9 (30). ‘If a man come near unto a damsel, either dependent on the chief of the family or not dependent, either delivered [unto a husband] or not delivered’, and she conceives by him, let her not, being ashamed of the people, produce in herself the menses, against the course of nature, by means of water and plants *.

10 (34). ‘ And if the damsel, being ashamed of the people, shall produce in herself the menses against the course of nature, by means of water and plants, it is a fresh sin as heavy [as the first] *.

11 (36). ‘If a man come near unto a damsel, either dependent on the chief of the family or not dependent, either delivered [unto a husband] or not delivered, and she conceives by him, let her not, being ashamed of the people, destroy the fruit in her womb. —

12 (38). ‘And if the damsel, being ashamed of the people, shall destroy the fruit in her womb, the sin is on both the father and herself, the murder

1 “Whether she has a husband in the house of her own parents or has none; whether she has entered from the house of her own parents into the house of a husband [depending on another chief of family] or has not’ (Comm.)

* By means of drugs.

8 «Tt is a tanffdhr sin for her: it is sin on sin’ (the first sin being to have allowed herself to be seduced), Comm. ‘If there has been no sin in her (if she has been forced), and if a man, knowing her shame, wants to take it off her, he shall call together her father, mother, sisters, brothers, husband, the servants, the menials, and the master and the mistress of the house, and he shall say, ‘‘ This woman is with child by me, and I rejoice in.it;” and they shall answer, ‘‘ We know it, and we are glad that her shame is taken off her ;” and he shall support her as a husband does’ (Comm.)

p. 179

p. 179

is on both the father and herself ; both the father and herself shall pay the penalty for wilful murder '.

II b.

13 (40). ‘If a man come near unto a damsel, either dependent on the chief of the family or not dependent, either delivered [unto a husband] or not delivered, and she conceives by him, and she says, “IT have conceived by you;” and he replies, “Go then to the old woman? and apply to her for one of her drugs, that she may procure you miscarriage ;”

14 (43). ‘And the damsel goes to the old woman and applies to her for one of her drugs, that she may procure her miscarriage ; and the old woman brings her some Banga, or Shaéta, a drug that kills in the womb or one that expels out of the womb, or some other of the drugs that produce miscarriage and [the man says], “Cause your fruit to perish!” and she causes her fruit to perish; the sin is on the head of all three, the man, the damsel, and the old woman.

15 (49). ‘If a man come near unto a damsel, either dependent on the chief of the family or not dependent, either delivered [unto a husband] or not delivered, and she conceives by him, so long shall he support her, until the child be born.

16 (51). ‘If he shall not support her, so that the child comes to grief‘, for want of proper support, he shall pay for it the penalty for wilful murder.’

? For baodhé-varsta; cf. VII, 38.

* The nurse (Framjf) or the midwife.

* Banga is bang or mang, a narcotic made from hempseed, shaéta is another sort of narcotic.

* And dies. .

N 2

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17 (54). O Maker of the material world, you Holy One! If she be near her time, which is the worshipper of Mazda that shall support her ?

18 (56). Ahura Mazda answered: ‘If a man come near unto a damsel, either dependent on the chief of the family or not dependent, either delivered [unto a husband] or not delivered, and she conceives by him, so long shall he support her, until the child be born }.

19 (58). ‘If he shall not support her?....

‘It lies with the faithful to look in the same way after every pregnant female, either two-footed or fourfooted, two-footed woman or four-footed bitch.’

III.

20 (61). O Maker of the material world, you Holy One! If (a bitch §) be near her time, which is the worshipper of Mazda that shall support her ?

21 (63). Ahura Mazda answered: ‘He whose house stands nearest, the care of supporting her is his‘; so long shall he support her, until the whelps be born.

22 (65). ‘If he shall not support her, so that the

*$18=§ 15.

* The sentence is left unfinished: Framjf fills it with the words in § 16, ‘so that the child,’ &c. It seems as if § 17, 18 were no part of the original text, and as if § 17 were a mere repetition of § 20, which being wrongly interpreted as referring to a woman would have brought about the repetition of § 15 as an answer. See § 20.

* The subject is wanting in the text: it is supplied from the Commentary and from the sense.

See § 20.

* The subject is wanting in the text: it is supplied from the Commentary and from the sense.

‘©The bitch is lying on the high road: the man whose house has its door nearest shall take care of her. If she dies, he shall carry her off [to dispose of the body according to the law]. One must support her for at least three nights: if one cannot support her any longer, one intrusts her to a richer man’ (Comm. and Framji).

p. 181

whelps come to grief, for want of proper support, he shall pay for it the penalty for wilful murder.’

23 (68). O Maker of the material world, you Holy One! If a bitch be near her time and be lying in a stable for camels, which is the worshipper of Mazda that shall support her ?

24 (70). Ahura Mazda answered: ‘ He who built the stable for camels or whoso holds it !, the care of supporting her is his; so long shall he support her, until the whelps be born.

25 (76). ‘If he shall not support her, so that the whelps come to grief, for want of proper support, he shall pay for it the penalty for wilful murder.’

26 (77), O Maker of the material world, you Holy One! If a bitch be near her time and be lying in a stable for horses, which is the worshipper of Mazda that shall support her ?

27 (78). Ahura Mazda answered: ‘He who built the stable for horses or whoso holds it, the care of supporting her is his; so long shall he support her, until the whelps be born.

28 (81). ‘If he shall not support her, so that the whelps come to grief, for want of proper support, he shall pay for it the penalty for wilful murder.’

29 (84). O Maker of the material world, you Holy One! If a bitch be near her time and be lying in a stable for oxen, which is the worshipper of Mazda that shall support her ?

30 (86). Ahura Mazda answered: ‘He who built the stable for oxen or whoso holds it, the care of supporting her is his; so long shall he support her, until the whelps be born.

? «In pledge or for rent’ (Framjt).

p. 182

31 (89). ‘If he shall not support her, so that the whelps come to grief, for want of proper support, he shall pay for it the penalty for wilful murder.’

32 (92). O Maker of the material world, you Holy One! If a bitch be near her time and be lying in a sheep-fold, which is the worshipper of Mazda that shall support her?

33 (94). Ahura Mazda answered: ‘He who built the sheep-fold or whoso holds it, the care of supporting her is his; so long shall he support her, until the whelps be born.

34 (97). ‘If he shall not support her so that the whelps come to grief, for want of proper support, he shall pay for it the penalty for wilful murder.’

35 (100). O Maker of the material world, you Holy One! If a bitch be near her time and be lying on the earth-wall', which is the worshipper of Mazda that shall support her ?

36 (102). Ahura Mazda answered: ‘He who erected the wall or whoso holds it, the care of supporting her is his; so long shall he support her, until the whelps be born.

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