* Reading 4v gamaké, ‘ water-cup;’ but it is written like az simak6 in the MSS.
180 DADISTAN-? DINiK.
is not manifest, in this way, that he drinks as much
wine as was tried by him when he became no worse
éy drinking z#. 10. It is necessary to consider hem
whose religion is unseen, whose religion is wrong,
and him who is a child furnished even with the
realities of religion, in this way, that he becomes
worse through faving drunk wine. 11. When apart
from the decision there is no assignable (bangisnik)
reason as regards 7¢, the share of wine which they
gave not authorisedly who themselves drank wine,
one considers as some of the wine on z¢s demg given
more authorisedly 3.
CuHaPpter LII.
1. As ¢o the fifty-first question azd reply, that
which you ask is, thus: Zere zs a man who hands
over a dirham? as regards five bushels (kafiz) of
1 The meaning appears to be that, when there is no special reason to the contrary, the quantity of wine one may have already drunk elsewhere is to be considered as part of one’s allowance.
Chapter Li, Io-—Lii, 4. 181
wheat, thus: ‘I give this to thee as an instalment
(bén-ae)! of five bushels of wheat at the end of
a month;’ and during the month, azd at z¢s end,
those five bushels of wheat become five ézmes the
price ; would they authorisedly seize the five bushels
of wheat when winnowed (pékht6é karvd5) by him,
through that instalment which he handed over, or
not?
2. The reply is this, that when they who shall
take his dirham ave to intrust the five bushels of
wheat, unsuspiciously azd by their own will, fo him
to winnow, even so as ¢hey are advisedly and un-
suspiciously winnowed by him they should take chem
just as winnowed; /¢fzs is the decision authorisedly
given. 3. But when z¢ is winnowed by him on
account of very grievous necessity for payment, z¢
is more suitable for the soul to beg the giver of the
money, who is the purchasing payer ?, for some of
that excess of undivided (ap4r) profit. 4. For he
has to consider the profit of 4zs successors as among
the profit of money on the spot *—wex more than
gold. It is safer, however, to rely upon the average weight of the Sasanian dirham coins, which, according to Dr. Mordtmann’s state- ment in ZDMG. vol. xii, pp. 44, 45, is about 63 grains, or 52 annas’ worth of silver; so that the stir would be 252 grains or 22% annas. But the actual value of such coins of former times can be ascertained only from the quantity of corn, or other weli-defined necessary of life, which they would purchase.
delivery. ? Reading zednunand dfikhtar, but, perhaps, this is a corrup- tion of zednfininida4r, ‘a causer of purchase, a broker.’
* That is, ‘ready money.’
182 DADISTAN-} DINiK.
such instalment demanded —and not as a fresh carrying off of a gift?.
Cuapter LITT.
1. As to the fifty-second question azd reply, that
which you ask is thus: Z/ people of the good religion,
in ¢heiy country or out of cheery country, shall buy axd
sell with those of a different religion as regards
cattle, ov shall lay hold of t:aders(vanikgardn) and
shall sell to them, what is then the decision about
it? 2. When ¢hose of the good religion shall not
buy, as they have not come wp Zo the price, but Zhe
orthodox dealers shall sell to traders and those of
a different religion, what is then the decision about
it? 3. Anxd about him, of whom the means of
existence (zivisnéd mindavam) are such, what is
then the decision ?
4. The reply is this, that it would be very grievously
sinful, and it would be an evil occupation to transact
such business through the influence of opportunity,
and to seek profit unauthorisedly in that manner.
5. But if z¢ de the means of existence of those of
the good religion of whom you have written, and ¢hey
are not able to seek z¢ in any other business aud
proper occupation which woz/d de a less sinful means
of existence, complete ? purchasers who ave acquired
* That is, having made a bargain, he is not to be aggrieved at any unexpected excess of profit made in good faith by the other parties to the bargain; a rather high standard of commercial morality.
’ The word is pfir, but it may be suspected of being a blunder, as tOra, ‘ox,’ would be a more likely word.
Chapter Liii, I—Liv, 3. 183
the good religion shall sell unto those of the good
religion!; because it is possible for him Zo de less
sinful a whom 2z¢ is allowable to beg the life of a
comrade, for still the rule of a righteous man, with
the righteous who are in his guardianship, is to live.
6. So it is possible, when they shall sell cattle for
slaughter and foreign eating, many cattle—amounting
even to a diminution of the maintenance of Iran—
are more wretched than a righteous man forced to
kill ¢hem through a living becoming unobtainable and
the fear of death. |
CuHaApTerR LIV.
1. As ¢o the fifty-third question and reply, that
which you ask is thus: A man whose wife, daughters,
sisters, and relations are many, and wo is the master
of much wealth, becomes sick, avd during the sick-
ness fas given this hoard of wealth unto one
daughter. 2. And his other sisters and daughters
are not contented therewith, avd speak thus: ‘ This
wealth ought ¢o have been given during health and
consciousness, not during sickness ; and now it should
not be allowable to give anything whatever unto
any one during sickness, for if anything happens”
the wealth all comes back for division amongst zs.’
3. Would it be allowable to give anything whatever
of that wealth to any one, during sickness, or not?
1 Who would not be likely to kill the animal, and with whom they could come to an understanding as to its good treatment, so as to avoid the sin of b6dy6zédih (see Chap. XLIX, 5 n).
? M14 has ‘if he gives anything.’
184 DADISTAN-I DINIK.
4. Is it necessary! for one of such wife, daughters,
and sisters as ¢here happen éo de to appoint an adopted
son for that man, because of that wealth, or not?
5. 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 pervzods, 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 avd nearly passing
away, 2Z is not allowable to give z¢ up, except when 2¢
7s for his debts, or his wife azd children, or an aged
person (zarmAn) or father who is in #zs guardian-
ship—whom it is indispensably necessary to main-
tain—azd 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 adout; then, however, zt is allowable to
give it up away (birtind) from those of whom you
have. written,as much as during his consciousness.
7. In other sickness, not while passing away, what-
ever is given up by him himself during conscious-
ness is allowable; when Ze zs not conscious 2¢ is not
allowable. 8. And on that which he says during
unconsciousness ove is not reliant and z¢ is not
credible (vavar); du¢ that which e says during
1 K35 has ‘is it not necessary,’ by using 14, ‘not,’ instead of rai, ‘for, which latter reading is adopted in the text from Mra, but it is doubtful which reading is the better one. The same variation occurs in § 5.
* 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 (avang-pirdz)).
9. Of the property left by will?, one share is
needful for each separate daughter for whom a
husband is not provided, azd two shares for a wife
who may be a privileged oxe*; 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 Mrgq substitutes avik-andarg,
‘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 andarg in K35, but Mr4 has avik andarg, ‘without a will,’ which, at first sight, appears the more plausible reading (especially as avik, ‘without,’ is written very much like avak, ‘ with, the Paz. 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 Rivdyats.
* This does not imply that a man might have more wives than one, but that wives are of five classes, according to the circum- stances of the marriage. A padakhshah 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-? DINIK.
adopted son (satér), for the adopted son’s duty
(satorih) 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 hus-
bands; and to keep going the nécessities in the
guardianship, the nurture which the deceased man
afforded, axd the ceremonies axa good works im-
posed upon the family, azd thereby become indis-
pensable, she 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 ap-
pointment of a husband is not provided on account
of the non-subjection (16it6 airih) 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 (dastdébarith) of the
family, dt wth the concurrence of the house-mistress
of the family, and evex so when the action zs one
which they should not do, and his son is not born,
or becomes passing away.
? Literally ‘the bosom size and arm size,’ a Pahlavi idiom for ‘plenty.’
* 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-Ly, 2. 187
13. As ¢o a daughter not provided with a husband,
should the one whose husband is not provided be
an only chz/d}, to keep her subject also to the house-
mistress of the family it is needful for her chat there
should be an adopted son in it; azd when they shall
appoint “er 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 to the fifty-fourth question azd reply, that
which you ask is thus: What is the occupation and
capacity (giriftarih) of the person ¢hat has to pre-
serve those who are in their three nights’ ¢rza/s?,
and who is he?
2. The reply is this, that it is said a husband
(gabra) is indispensable for preservation through
the three nights’ ¢vza/s which shall be for a privileged
wife, a father for those of a child, azd a master for
those of a servant.
