' Farh. Otm, p. 35, 11. 1-4, has ^Av, mithdsist and its ex- planation '' false teaching " are that when one teaches a false way to any one ; even when he unaccustomedly shows it rightly to any one, it is a committal of Mithosdst by him.'
' Compare Pers. tabah, t6, t6t. Farh. Otm, p. 38, 11. 2-4, has ' Ataftdd</ is that when one keeps back food and drink, whereby there is hunger and thirst.' It is worthy of death (see Chap. XX, 97).
* Farh. Otm, p. 34, 11. 3-5, has *Av. ydtukhta, through wizard's spells (y&tiik-g6bijnth&), is that when one shall speak thus: ''I will destroy thee through witchcraft ; " when one says " through the spirits' lack of good religion " it is of the same kind.'
" Farh. Oim, p. 34, 11. 5, 6, has * Av, dudhuwi buzda, threats of danger (saham-numdyixnth), is that when one speaks thus: I will strike with worldly weapons.'"
Chapter Xvii, 5 -Xviii, J. 4 1
in conflict, it then occurs when one has stood up for
beginning it and the assault is committed, on one by
the other, and not before. 7. And this, too, that
engaging in conflict occurs as regards adult with
adult, childless women with childless women, preg-
nant women with pregnant women, and children of
seven years with children of seven years — but, as
regards children of seven years in sight of their
fathers, it becomes an engaging in conflict of the
fathers — and the decision about it is this, that the
atonement for every sin which may be committed
through engaging in conflict goes to the priestly
authorities.
8. About the affliction of ^ pure lord who sees
anyone who has been useless (abftn) unto his slave,
though the slave is beseeching, and does not contend
for his ownership. 9. About sin affecting accusers ^
not being atoned for by any other good work, ex-
cept unto the accuser himself ; also about the slaying
of a servant together with his lord, and whatever is
on the same subject.
10. About slaying by untaught children of seven
years, or even of eight years in sight of ''their
fathers ; and the criminality of the fathers therein,
when it is possible for them to hinder it and they do
not hinder it, and when it is not possible for them
to hinder it.
Chapter XVIII.
Ntk&Mm Nask.
I. The third section is the R^shist&n {'wound
code'), particulars about cutting, tearing, cleaving,
^ A sin which injures another person, or any good creation, who must be satisfied by compensation before the sin can be remitted.
42 DtNKAlU), BOOK VIII.
disembowelling, stabbing, gnawing \ rupturing, hack-
ing, mutilating, and withering ^ ; such as are all called
wounds. 2. The upheaving circular movement of a
certain serpent-scourge*, the throwing down of the
person, and the flow of blood from the bodies of the
people.
3. How the various members are divided into
seventy-six that are more particularly called prin-
cipal, which are comprised in two classes ; two of
these, which are clothed a^id different, one from the
other, are female, and some out of the surrounding
parts (girv6gdnlh), which are apart from eight of
the principal, that are comprised in the members of
the two classes and among those seventy-six — and
which, in like manner, are different one from the
other — are female, and are of different purpose and
different design, one from the other.
4. These, too, namely, when any one, through an
assault, produces, for any other, stupefaction, swell-
ing, or leanness, blackness*, or paleness, shortness,
or tallness, want of intelligence, much eating, little
eating, or moderate eating, indolence, or diligence,
or dulness of hearing ; or he wishes to speak some
words, and they strike him in return ; or one alto-
gether diminishes any one's speech, sight, or hearing.
^ Or, perhaps, khvSyijno (compare Pers. 'A^yidan) may mean ' biting/
* The last four terms are, in Pahlavi: jk6nijn6, khiir</5 kar^ano, ttshi^ano, and khfij'tni^/ano.
' The mdr-gan6 (Av. khrafstraghna), we are told in Pahl. Vend. XVIII, 6, ' may be made of anything, hut a leathern one is good' (see also Bd. XXVIII, 22). Intended as a snake-killer, it was misused as a scourge for human beings.
* Assuming that v6jih, 'excess,' is a miswriting of siyahih.
CHAPTER XVIII, 2-XlX, I. 43
wisdom, strength, or semen, milk, or pregnancy; or
when one destroys the spleen (s^ur) or milk of
females, or, in revenge (g!/ar), kills his son out-
right ; or when they would inflict a wound upon a
wound, and one s blood goes streaming forth.
7. The ritual for the departure of a wound and
the departure of pain, watching over it for the dura-
tion of three nights or a year, its greater wretched-
ness or less wretchedness, its cure (s/6rlklh) or
incurableness, and whatever is on the same subject.
8. Trivial enumerations, and decisions upon each
separately.
Chapter XIX.
NtkdMm Nask.
I. The fourth section, which is also called the law
of the Ham^m&listS^n {'accusers code'), contains
particulars about accusation, and about the false
* These three modes are expressed by PSz. ithrih, hidhih, and apavar^var^tih, which stand evidently for the original Avesta words ithra, hadha, and apaurvavauta (see Chap. XXI, 6).
* See § 2.
44 dInka/?/), book VIII.
accusation by any one, regarding any other, as to
witchcraft, destroying a righteous man^, theft,
plunder, injuring the existence, minor injury* as
regards several particular things, taking up a
weapon, threatening with it^ assault, tumult*, incar-
cerating\ false teaching, fettering, making dejected
(nigtino), giving no food, falsehood, speaking with
wizard's spells, or with threats of danger, abstracting
* Pahl. ahariibokih (=Av. ashavagha) must not be con-
founded with aharfiboth, * righteousness,' for which ahar&yth is
more commonly used.
* These two terms are dg^repto and avdtrijto (Av. dgerep- tem and avaoirixtem) which are thus described in Farh. Olra, p. 36, 11. 4-6: *&gerept, "seized," is that when they shall take up a weapon for smiting an innocent person; avoirixt, " turning," is that when one turns the weapon upon an innocent person!
* See Chap. XVII, 6, for some of these terms.
' Pahl. handerfito which is thus described in Farh. Otm, pp. 34, 1. 8-35, 1. I': ^ Av, handereiti, PahL handereto, is that when, owing to negligence, one keeps any one exhausted ; when one would make him fallen who is of the ruined, or him who is a master of arms, and has imprisoned him, the causing of much anguish thereby is the committal of incarceration.' See also § 44.
Chapter Xix, I-Ii. 45
the increase of labourers* wages, wishing to cut
(vu riband) and squeeze (pashkhd^and) anything
from any one, and seizing (ma^l^/ano) it for fire and .
water, and whatever is on the same subject 2.
Also about the limitation of the accusation of sin
therein, the retribution for tV, and the dust, or ashes,
or flour, for the eyes and the rest of the bodies of
human beings> it now^ speaks henceforth for thirty
successive heads ^
3. About the sin of making people eat bodily
refuse', and bringing it unlawfully to their persons
or clothes ; and of gomg to a menstruous woman, or
a wizard. 4. About a juvenile and well-behaved
woman who comes out from a house of those of the
good religion, and is considered as well taught. 5.
About falsehood and slander, small and great, and
whatever is on the same subject. 6. About the
care of a pregnant woman in lawful reclining
(khap&k), feasting (^ashno), and work.
7. About a householder who does not teach his
own household, in order to teach the household of
another ; and whatever is on the same subject. 8.
About a quiet and an unquiet person with equal
opinionativeness, and the opinion which they have to
form before beginning. 9. About the expediency or
inexpediency of the opinion which is announced,
and the reason of both. 10. About the man who,
for fear of a counter-assault, runs away.
II. Also about not renouncing sin, neglecting complaints, and whatever is on the same subject.
^ Pdz. knin (=kniin). ' Of wliich the details are not mentioned. ' Pahl. hikhar (Av. hikhra) is any refuse or dirt from the living body, or any liquid exudation from a corpse.
46 dInkard, book viii.
1 2. The difference of sin in priests from that in any
one else, as regards its renunciation. 13. About the
expediency of retribution, and the measure of the
expediency. 14. About and to what extent is the
authority of one's own priestly master, for allowing
the sin which any other person may commit as
regards a disciple of that same, and that, too, of his
disciple affecting the soul.
15. About the chastisement of a judge who is
releasing sinners, and whatever is on the same sub-
ject. 16. About the justifiableness of a plaintiff in
committing illegality. 1 7. About seizing the purity
produced for foreigners, and whatever is on the
same subject 18. About one worthy of death
making supplication (l&vako), co-operation with
one worthy of death, and whatever is on the same
subject. 19. About confession as regards anything,
the object of confession, and whatever is on the
same subject. 20. About exhibiting a liking for sin
worthy of death.
21. About a blow with a weapon, which is incom-
plete or not incomplete, when adults or children
shall inflict zV, or when children with mutual assist-
ance. 22. About a wounded person whose anguish
was allayed by medicine, the arising of the anguish
again from disease, when he died, and whatever is
on the same subject.
23. About taking security (gardbo) from the
defendant after the decree of the judges. 24. About
the legal proceedings as to an offence when, owing
to the incapability of the plaintiff, adjournment has
always occurred, and a man would occasion an ac-
celeration of the statement of law (d4^6 vkK) and of
the procedure of the plaintiff. 25. About appointing
Chapter Xix, 12-34. 47
a mediator (dd^3^ak-g6b6), and the object of media- tion.
26. About an assault (zatam) which is altogether
of furious (pAr-tik) origin. 27. And about a harm-
less (dz^d) assault and striking back fairly to test a
weapon, a?td, when it is not possible fairly, turning
i£ into execution of duty, or giving of scars (pi^an^-
das), or punishment ; a statement of the change,
and whatever is on the same subject. 28. About
the limit of the punishment of a child for the sin it
may commit. 29. About seeking an interpretation
{pSid6-kh&n)y the limit of interpreting, and whatever
is on the same subject. 30. As regards a signal of
approving the words of any one, on passing away,
are these : — About giving up anything, making a
will about it, and renunciation of sin.
31. About committing an assault upon an un-
known person at an indefinite time, and whatever is
on the same subject. 32. About giving a weapon
and telling some one to kill a foreigner who is taken
for judicial investigation, and whatever is on the
same subject. 33. About the great hinderers* who
are slain by a righteous man, who the great hin-
derers are, and unto whom it occurs ; when one has
to command it as assistance for one or many, or they
shall commit the assault in advance or afterwards,
and whatever is on the same subject. 34. About
the weapon they shall seize it is stated thus : ' I see
a man and a sheep, I strike upon this and upon that,
and it is gone : ' and whatever is upon the same
subject.
* Doubtful: the word can be read freh-gasJgin on its first occurrence, and freh-gajfgSno on its last; but both reading and meaning are very uncertain.
48 DtNKAiO), BOOK VIII.
35. About petitioning, a;^^/ the going of a frontier
governor (mar'-srp^n) to the feet of tyrants (s5,st4-
rino) to speak of regulations, and whatever is on
the same subject. 36. Where and when one strikes
a living person he vexes him, and the living person
he strikes vexes him when dead ; but he who strikes
a dead person is vexed alive, and the dead person he
strikes vexes him when dead ; and whatever is on
the same subject.
37. As to wood and useless pith (dil), that which
is for keeping is as far as a dimension that is men-
tioned, and oney therefore, passes it by not to burn ;
concerning also that wood which is only for the blast
of a furnace (gflrlh zlgi) as firewood, the burning
and dimensions and blast of the furnace are stated,
and whatever is on the same subject. 38. About
the sin through which a man attains from atonement
to the sacred-twig ordeal (baresmdk-varlh), and
from the sacred-twig ordeal to the heat ordeal
(garem6k-varlh) which has maintained the worthi-
ness of an assault that is an actual inexcusability
{akkri\i)^ to reasoning thought ; and whatever is on
the same subject.
39. About the excellence of physicians, their merit
from doing good, and sin from not doing good ; the
quality that exists -as regards medicines, seeking a
physician for animals also, and whatever is on the
same subject. 40. About a horse, which is new to
the saddle (kdfak), being made tailless (kap>&) and
not feeding (akhavAno), how it is done, the sin
owing to doing it unlawfully and heedlessly, the