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Romanised transliteration as printed by the translator, not the original script. This is what we hold.
15. Are the wife, daughters, and sisters who shall take their share of the wealth responsible for? the religious rites of every kind, and is it necessary for them to order the annual ceremonies for that man at the daily and yearly Serzods, or not®? 6. The reply is this, that, when there is nothing therein on account of which I should so deem him otherwise than a man in sickness amd nearly passing away, 7z¢is not allowable to give z¢ up, except when z¢ zs for his debts, or his wife azd children, or an aged person (zarm4n) or father who is in Azs guardianship—whom it is indispensably necessary to maintain—and is such as, or as much as, is discreetly requisite for payment of the debt, or for the food, maintenance, azd protection of those that I have written about; then, however, zt is allowable to give it up away (birfind) from those of whom you have written, as much as during his consciousness. 7. In other sickness, not while passing away, whatever is given up by him himself during consciousness is allowable; when 4e zs not conscious 2/ is not allowable. 8. And on that which he says during unconsciousness ove is not reliant and 7¢ is not credible (vavar); du¢ that which ke says during ' K35 has ‘is it not necessary,’ by using 14, ‘not,’ instead of rai, ‘for,’ which latter reading is adopted in the text from Mrq, but it is doubtful which reading is the better one. The same variation occurs in § 5. . 3 Literally ‘are the rites on their necks.’ * Ceremonies for the dead have to be performed on the first four days, the tenth day, and then at the end of a month and a year from the time of death (see Sls. XVII, 5). CHAPTER LIV, 4-9. 185 consciousness, and that, too, which the same man gave unto a daughter when he was ill, if given by him consciously, are even then proceedings to be granted ; if given by him during unconsciousness it is just as though he died without an opportunity of speaking (av4ng-ptrfiz)}. g. Of the property left by will*, one share is needful for each separate daughter for whom a husband is not provided, and two shares for a wife who may be a privileged one*; and so long as the wife is living she exists as the house-mistress of the family; moreover, it is not needful to appoint an 1 For this uncommon word Mrq substitutes avik-andars, ‘intestate ;’ but the meaning is that the gift is as invalid as if he had been unable to make a declaration of his intentions.
2* Levatman andarz in K35, but M14 has avik andars, ‘without a will,’ which, at first sight, appears the more plausible reading (especially as avik, ‘without,’ is written very much like av4k, ‘ with, the P4z. synonym of levatman). But on further con- ‘sideration it seems equally probable that this section is intended to limit the power of a testator, so as to prevent him from dividing so much of his property as he leaves to his family in any unfair manner. The rule here laid down would, of course, also apply in cases of intestacy when the testator has no son; and is that given in the Persian Rivayats. * This does not imply that a man might have more wives than one, but that wives are of five classes, according to the circumstances of the marriage. A p&dakhshah or ‘privileged’ wife is one who was a maiden married with the consent of her parents who have another child. A yfikan or ‘only-child’ wife differs from the last merely by being an only child, and having, therefore, to give up her first child to her parents. A satar or ‘adopted’ wife is one who was a maiden enabled to marry by receiving a dowry from the relatives of a man who has died unmarried, on condition that half of her children shall belong to the deceased. A kakar or ‘serving’ wife is a widow who marries again. A khfid-sar4i or ‘self-disposing’ wife is one who marries without her parents’ consent (see Bd. XXXII, 6 n). 186 DADISTAN-! DIN{K. adopted son (satér), for the adopted son’s duty (satérih) remains with her, azd she manages to claim guardianship for the family from some man out of the relatives most nearly allied. 10. Out of the portion of the property for food and maintenance the wife should provide the daughters with husbands; and to keep going the necessities in the guardianship, the nurture which the deceased man afforded, and the ceremonies and good works imposed upon the family, azd thereby become indispensable, se herself is to take lapfuls and armfuls? out of the income (bar). 11. As ¢o the sisters of that man, if they have been necessarily in his guardianship, even as to nourishment, and there is no property for them in any other way, their food and maintenance are also needful to be out of the income of the property, unless? that man has otherwise devised, or the appointment of a husband is not provided on account of the non-subjection (16tt6 atrth) zz which they have been unto the guardianship of that man, or anything else opposed to it, so that nothing whatever of the property of that man is needful for them. 12. He who is a husband of one of the daughters is a leader in the management (dastdébarth) of the family, du¢ wth the concurrence of the house-mistress of the family, and even so when the action zs one which they should not do, and his son is not born, or becomes passing away®. 1 Literally ‘the bosom size and arm size,’ a Pahlavi idiom for ‘plenty.’ 2 In the Pahlavi text this latter half of the section precedes the foregoing provisional clauses.
31 Literally ‘the bosom size and arm size,’ a Pahlavi idiom for ‘plenty.’ 2 In the Pahlavi text this latter half of the section precedes the foregoing provisional clauses. * The meaning seems to be that so long as he has no son (who CHAPTER LIV, IO-—LV, 2. 187 13. As to a daughter not provided with a husband, should the one whose husband is not provided be an only chz/d, to keep er subject also to the housemistress of the family it is needful for her that there should be an adopted son in it; axa when they shall appoint 4er husband unto the adopted-sonship the property then comes over into his possession. 14. When the house-mistress of the family passes away, and the daughters are provided with husbands, the adopted-sonship is to be appointed. Cuapter LV. 1. As zo the fifty-fourth question azd reply, that which you ask is thus: What is the occupation and capacity (giriftarth) of the person that has to preserve those who are in their three nights’ ¢vza/s?, and who is he? 2. The reply is this, that it is said a husband (gabv4) is indispensable for preservation through the three nights’ ¢vza/s which shall be for a privileged wife, a father for those of a child, avd a master for those of a servant. would be a member of the family in direct descent through his mother) he can only assist and advise the widow, but on the birth of his son he can act more authoritatively, as the representative of the child. 1 Written aév6k-aé in P4zand. She becomes a yfikan or ‘only-child’ wife (see § gn) until she has given up her first child to her mother, after which she is a ‘ privileged’ wife. * The three nights after death (see Chap. XXIV). 188 DADISTAN-! DINIK. Cuapter LVI. 1. As to the fifty-fifth question azd reply, that which you ask is thus: What is this adopted-sonship and guardianship of the family, and what does it become ; 7 what manner is it necessary to appoint z¢, whence is it necessary to provide food and clothing for it, and how is it necessary to be for it ? 2. The reply is this, that the adopted-sonship is thus :—It is requisite whenever a man of the good religion is passing away, while 4e zs a complete ruler of a numerous household!, who has no wife and child that may be privileged? and acknowledged, mor associating brother, zor son by adoption, and his property is sixty stirs* of income. 3. The controlling (khddaytnag) of the property is to be publicly provided owt of the kindred of the deceased, and is called the adopted-sonship; and he is to be appointed to it who is the nearest of the same lineage (min ham-nafan), who w2// manage and keep the property united in its entirety.
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.
15. Are the wife, daughters, and sisters who shall take their share of the wealth responsible for? the religious rites of every kind, and is it necessary for them to order the annual ceremonies for that man at the daily and yearly Serzods, or not®? 6. The reply is this, that, when there is nothing therein on account of which I should so deem him otherwise than a man in sickness amd nearly passing away, 7z¢is not allowable to give z¢ up, except when z¢ zs for his debts, or his wife azd children, or an aged person (zarm4n) or father who is in Azs guardianship—whom it is indispensably necessary to maintain—and is such as, or as much as, is discreetly requisite for payment of the debt, or for the food, maintenance, azd protection of those that I have written about; then, however, zt is allowable to give it up away (birfind) from those of whom you have written, as much as during his consciousness. 7. In other sickness, not while passing away, whatever is given up by him himself during consciousness is allowable; when 4e zs not conscious 2/ is not allowable. 8. And on that which he says during unconsciousness ove is not reliant and 7¢ is not credible (vavar); du¢ that which ke says during ' K35 has ‘is it not necessary,’ by using 14, ‘not,’ instead of rai, ‘for,’ which latter reading is adopted in the text from Mrq, but it is doubtful which reading is the better one. The same variation occurs in § 5. . 3 Literally ‘are the rites on their necks.’ * Ceremonies for the dead have to be performed on the first four days, the tenth day, and then at the end of a month and a year from the time of death (see Sls. XVII, 5). CHAPTER LIV, 4-9. 185 consciousness, and that, too, which the same man gave unto a daughter when he was ill, if given by him consciously, are even then proceedings to be granted ; if given by him during unconsciousness it is just as though he died without an opportunity of speaking (av4ng-ptrfiz)}. g. Of the property left by will*, one share is needful for each separate daughter for whom a husband is not provided, and two shares for a wife who may be a privileged one*; and so long as the wife is living she exists as the house-mistress of the family; moreover, it is not needful to appoint an 1 For this uncommon word Mrq substitutes avik-andars, ‘intestate ;’ but the meaning is that the gift is as invalid as if he had been unable to make a declaration of his intentions.
2* Levatman andarz in K35, but M14 has avik andars, ‘without a will,’ which, at first sight, appears the more plausible reading (especially as avik, ‘without,’ is written very much like av4k, ‘ with, the P4z. synonym of levatman). But on further con- ‘sideration it seems equally probable that this section is intended to limit the power of a testator, so as to prevent him from dividing so much of his property as he leaves to his family in any unfair manner. The rule here laid down would, of course, also apply in cases of intestacy when the testator has no son; and is that given in the Persian Rivayats. * This does not imply that a man might have more wives than one, but that wives are of five classes, according to the circumstances of the marriage. A p&dakhshah or ‘privileged’ wife is one who was a maiden married with the consent of her parents who have another child. A yfikan or ‘only-child’ wife differs from the last merely by being an only child, and having, therefore, to give up her first child to her parents. A satar or ‘adopted’ wife is one who was a maiden enabled to marry by receiving a dowry from the relatives of a man who has died unmarried, on condition that half of her children shall belong to the deceased. A kakar or ‘serving’ wife is a widow who marries again. A khfid-sar4i or ‘self-disposing’ wife is one who marries without her parents’ consent (see Bd. XXXII, 6 n). 186 DADISTAN-! DIN{K. adopted son (satér), for the adopted son’s duty (satérih) remains with her, azd she manages to claim guardianship for the family from some man out of the relatives most nearly allied. 10. Out of the portion of the property for food and maintenance the wife should provide the daughters with husbands; and to keep going the necessities in the guardianship, the nurture which the deceased man afforded, and the ceremonies and good works imposed upon the family, azd thereby become indispensable, se herself is to take lapfuls and armfuls? out of the income (bar). 11. As ¢o the sisters of that man, if they have been necessarily in his guardianship, even as to nourishment, and there is no property for them in any other way, their food and maintenance are also needful to be out of the income of the property, unless? that man has otherwise devised, or the appointment of a husband is not provided on account of the non-subjection (16tt6 atrth) zz which they have been unto the guardianship of that man, or anything else opposed to it, so that nothing whatever of the property of that man is needful for them. 12. He who is a husband of one of the daughters is a leader in the management (dastdébarth) of the family, du¢ wth the concurrence of the house-mistress of the family, and even so when the action zs one which they should not do, and his son is not born, or becomes passing away®. 1 Literally ‘the bosom size and arm size,’ a Pahlavi idiom for ‘plenty.’ 2 In the Pahlavi text this latter half of the section precedes the foregoing provisional clauses.
31 Literally ‘the bosom size and arm size,’ a Pahlavi idiom for ‘plenty.’ 2 In the Pahlavi text this latter half of the section precedes the foregoing provisional clauses. * The meaning seems to be that so long as he has no son (who CHAPTER LIV, IO-—LV, 2. 187 13. As to a daughter not provided with a husband, should the one whose husband is not provided be an only chz/d, to keep er subject also to the housemistress of the family it is needful for her that there should be an adopted son in it; axa when they shall appoint 4er husband unto the adopted-sonship the property then comes over into his possession. 14. When the house-mistress of the family passes away, and the daughters are provided with husbands, the adopted-sonship is to be appointed. Cuapter LV. 1. As zo the fifty-fourth question azd reply, that which you ask is thus: What is the occupation and capacity (giriftarth) of the person that has to preserve those who are in their three nights’ ¢vza/s?, and who is he? 2. The reply is this, that it is said a husband (gabv4) is indispensable for preservation through the three nights’ ¢vza/s which shall be for a privileged wife, a father for those of a child, avd a master for those of a servant. would be a member of the family in direct descent through his mother) he can only assist and advise the widow, but on the birth of his son he can act more authoritatively, as the representative of the child. 1 Written aév6k-aé in P4zand. She becomes a yfikan or ‘only-child’ wife (see § gn) until she has given up her first child to her mother, after which she is a ‘ privileged’ wife. * The three nights after death (see Chap. XXIV). 188 DADISTAN-! DINIK. Cuapter LVI. 1. As to the fifty-fifth question azd reply, that which you ask is thus: What is this adopted-sonship and guardianship of the family, and what does it become ; 7 what manner is it necessary to appoint z¢, whence is it necessary to provide food and clothing for it, and how is it necessary to be for it ? 2. The reply is this, that the adopted-sonship is thus :—It is requisite whenever a man of the good religion is passing away, while 4e zs a complete ruler of a numerous household!, who has no wife and child that may be privileged? and acknowledged, mor associating brother, zor son by adoption, and his property is sixty stirs* of income. 3. The controlling (khddaytnag) of the property is to be publicly provided owt of the kindred of the deceased, and is called the adopted-sonship; and he is to be appointed to it who is the nearest of the same lineage (min ham-nafan), who w2// manage and keep the property united in its entirety.
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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