^ It might be * inevitability,' but this would render the ordeal unnecessary.
Chapter Xix, 35-46. 49
wound and damage that arise from it, and whatever is on the same subject.
41. About several persons, when anything that is
imperfect, or even not imperfect, as a weapon is con-
venient to them, and a wound occurs, and it is not
evident which, or who, threw the weapon, it is not
necessary to know its imperfection or lack of imper-
fection^ ; and whatever is on the same subject 42.
About the three modes for thrusting a weapon are
these details^ that is, so much of it when one thrusts
it on ground that is hard, or soft, or full of
ruggednesses (^^&rtg&nak5) ; when one shall bear
it up aloft, and the amount of the height ; and when
one impels it again with a sweep, or has to draw up
its centre at the time of a sweep ; and whatever is
on the same subject 43« About an assault and the
most hurtful occasion when, for the same reason,
they would celebrate a religious rite; the retribu-
tion on the spot, and the sentence upon the fourth
occasion*.
44. About incarcerating (hander6t6) in a fright-
ful and inaccessible (avi^arg) place, and among
noxious creatures ; the quantity of noxious creatures,
and whatever is on the same subject 45. About
grasping the tail of an ox, or a horse, on which
another sits, to hold it back, and whatever is on
the same subject 46. About threatening danger,
* The fact of the wound being sufficient to prove the unlawful- ness of using the weapon.
' According to Vend. IV, 35, if a man wounds another so that the blood comes, and does this for the fourth time, he becomes an outcast and receives the maximum punishment. Also, when a person walks without the sacred girdle or shirt (Vend. XVIII, 59), it is at \}cLt fourth step that the demons possess him.
50 DiNKAiO), BOOK VIII.
wizard's spells ^ and whatever is on the same sub- ject.
» See Chap. XVII, 6.
* Pahl. Av. as/eren6 (=PahL anas/6r!k) 'imperfect, imma- ture ;' an epithet for a Iamb or kid.
' Pahl. aniimdy^ (Av. anumay a), probably 'bleater,' an epithet for a sheep or goat.
* These four grades of value are mentioned in Vend. IV, 48.
* See § I.
Chapter Xix, 47-56. 51
50. About the sin of unfriendliness of^ master
towards a disciple, and whatever is on the same
subject 5 1 . About taking a thief of any one s goods
(ai^lg&n5), conducting him to the judges, ^i«fl? what-
ever is on the same subject 52. This, too, that
when affliction has come upon a good man^ the
effort of every one, for removing that affliction,
should continue just as though it happened to him-
self. 53. And when a good tnan is beaten through
malice, the effort of every one, in demanding com-
pensation for him from the smiter, should continue
just as though it happened to himself. 54. And
this, too, that, when there is no danger for one, the
power of affording assistance is thus assistance ofxh^
innocent; and, as to the property which may be
carried away from him, and of which they shall
make no restitution, after as much as a HAsar^ the
carrier off becomes guilty and liable to penalty.
55. About the distinction of indigenous and foreign
(atr va-an-a!r) thieves as to cold and the clothing
given, and as to sickness and undergoing remedies.
56. About the hands of a foreigner being unfettered
for no other reason but care of water and fire, to
^ A Hdsar (Av. hdthra) is a measure of distance, as well as of time. This is stated in Farh. Oim, pp. 41^ 1. 11-42, 1. 3, thus : — ' Of the HSsar there are also several kinds that express measure- ment. A medium Hdsar on the ground, which they call also a Parasang, is a thousand steps of two feet which have to walk. With the lapse of time of a medium HIsar the day and night are computed.' Again, p. 43, 11. 1-3 state that ' of twelve H&sars is the longest day ; that day and night in which is the longest day are twelve of the longest Hisars, eighteen of the medium, and twenty- four of the least/ From this it appears that an average H&sar of distance is a thousand paces, or Roman mile; and an average Hasar of lime is one hour and twenty minutes.
52 DtNKAiU), BOOK VIII.
preserve them from blood, filth, and injury (isipo).
5 7. About the sin of not restraining him who is the
first assailant of two combatants, as soon as his
attack is seen. 58. About teaching the peace of
renunciation of sin^ the bond of worthiness of him
of great power even when proffering union in renun-
ciation with him of little power, and whatever is on
the same subject.
59. On the nature of responding about the keep-
ing away from one worthy of death which arises
through great judiciousness, the reason of keeping,
how to keep, and whatever is on the same subject.
60. And on the nature of responding when they
ask in malice about a righteous man, when one
knows his whereabouts, and when one does not know.
61. About how one is to give a weapon to generals (h6n-g6-parfin6) and august frontier governors.
62. About authorisedly shooting an arrow at om
worthy of death, which is given again for killing
him to any one unto whom the person worthy of
death is consigned ^;^^ becomes supplicating (l&nakd)
and goes to the middle of the distance, and they
shall afford him assistance and enervate him for it,
when, through the three words ^ which he utters,
they do not deliver him up again. 63. About one
worthy of death who is preserved with great
judiciousness when the evidence, which they give
before that about him, is through another one
worthy of death, and whatever is on the same sub-
ject. 64. About evidence as to witchcraft and
destroying a righteous man^ that is, in what propor-
* Possibly hiimat, hiikht, hdvarjt, 'good thoughts, good
words, and good deeds,' which would be accepted as a sign of
repentance.
Chapter Xix, 57-Xx, 5. 53
tion it is certain or doubtful. 65. About causing the
execution of one worthy of death for entertaining
fondness for witchcraft and laughing at witchcraft,
and whatever is on the same subject.
Chapter XX.
NtkdMm Nask.
I. In the fifth section are twenty-four particulars*
about the standing up and going forth of a man
with a weapon and angry thoughts towards another
man ; and also when he takes a beast of burden^
saddles it, and sits upon it, takes the rein* (aydkham)
in hand and walks away; this, too, that, when he
arrives there, he smites that tnan, or some one else ;
and whatever is on the same subject. 2. About
what one has to do when the conversation of two
men is ^^/^the destruction of a righteous man, ^high-
way robbery, and ^the cursing owing thereto ; and
whatever is on the same subject. 3. About what
one has to do when, of two men who are on the same
road, one slays a righteous man ; and about the
other when he is fearless, and when he is fearful.
4. About preserving one worthy of death when it
is requisite for medical purposes (be^ashkth),
though the plaintiff is ^ a different opinion ; and
whatever is on the same subject
5. About the needlessness of plaintiffs and defen- • dants speaking as to the substance (min tan6) of
^ It is not clear whether these twenty-four particulars are to be sought in the details of § i, or in the whole chapter, or some por- tion of it
* Merely a guess.
54 bXnkard, book viii.
the law, when the witness and judge is the supreme
priest ; the confidence which they may pkce in the
decision of the supreme priest, due to his own know-
ledge and evidence, when, moreover, ^Aey have not
to atone in the body ; and the want of confidence in
another judge when, moreover, they have to atone in
the body, and the needfulness of plaintiffs and defen-
dants speaking on the substance (va/ tan ft) of the
law, even when the judge is aware of the law. 6.
About unauthorised combatants, become mutually
sinful, when, to dissipate (slkhtano) a wound of
the one, he would make the other one worthy of
death. 7. About supplies (pishon)^ in travelling
together, and their renewal ; and whatever is on the
same subject.
8. About inflicting penalties by magistrates, the
assistance of the unmagisterial given to magistrates,
the assistance of the magistrates, and the exemption
of these latter from atonement to those former;
likewise about conversation as to an assault, and
whatever is on the same subject. 9. About the
evasion of penalty by men at the time when a sin
may be committed, and the arrest of their nearest
relations being important, in whatever measure im-
plicated therein and impossible to consider innocent ;
how to confine and make them really coerced to
seek a remedy, «;^rf whatever is on the same subject.
ID. About the powerfulness which comforts in sin
where there is any special worthiness, and the reason
* Compare Pers. bijin^, Av. fshaoni. In some cases it might perhaps be read pikhvd, and be traced to Av. pithwa. The word often occurs, as in § 11, Chaps. XXIII, 3, 15, XXVI, lo, XXVII, 4, 6, XXXI, 25, 36, XXXVII, 5, 7, 22, XLI, 19, 23, XLIII, 19, and its meaning, ' provision, or nourishment,' is well ascertained.
Chapter Xx, 6-13. 55
of any worthiness ; the want of power where there is
special unworthiness, and the reason of any un-
worthiness ; the production of the good works of
one towards another of the powerful, and of the sin
of one of those lacking power ; and whatever is on
the same subject.
1 1. About the plaint which 07ie has to argue, and
for the defendant to dispute ; the time for making
the statement (g6bd) when the defendant does not
come, or comes not to conduct the business; the
several peculiarities of plaintiff and defendant, the
time for conducting being on the day before yester-
day, the firm one and the powerless, the incrimination
therein, the death-blow on the exhaustion of the
possessions of the plaintiff, and provisions for con-
ducting the legal proceedings; a privileged wife*
shall be capable of making a plaint yj?r her husband,
and of informing the husband of the plaint ; when
her property is anything whatever, and nothing is
manifest as to that wealth, she is to be admitted for
evidence ; and whatever is on the same subject.
1 2. About the ordeal of those who have atoned,
^ those undergoing the sacred- twig ordeal, and of
those undergoing the heat ordeal, who are pure ; the
freedom from falsehood of which, each separately,
which they, every one of them, request when the
ordeal is not that for their own station, but that for
the station of others ; and whatever is on the same
subject. 13. About the object of any evidence, and,
on account of the reason of its propriety, the impro-
priety of any one being without evidence ; and what-
^ One married to her husband with the parents' consent, and never betrothed to another, so that she and her children belong to him in both worlds (see Bd. XXXII, 6 n).
56 d!nkaiu), book viii.
ever is on the same subject. 14. About the reality
of a statement due to an ordeal, and so many having
gone to the ordeal place for the sake of watching the
first-comer and after-comer ; the time of perform-
ance, the statement, the ceremonial and the invul-
nerableness due to it ; the kinds of incrimination,
how to protect the limbs by which the ordeal is
accomplished, ^»af each one ^ the formulas (nlrang)
of protection ; the superintendence for observing the
ceremonial, and the decision about the acquitted or
convicted one. 15. This, too, that is, whose going
to the ordeal place is first, second, third, fourth, fifth,
sixth, seventh, eighth, ninth, and tenth ; and by whom
is the command to be given. 1 6. About the business
of the ordeal attendants (var aAstlgind). 17. About
incrimination through confession, or some other rea-
son, the reliance restored thereby, and whatever is
on the same subject 18. About a thief destroying
life and escaping, the suspicion owing thereto, about
any one, as to assisting the thief, and whatever is on
the same subject. 19. About there being no ordeal
for those confessing, and so also as regards those of
good repute ; accusation as to the existence of a
limit to the good repute, even that which is for the
extent of a Yfl^dst, a Dashmest, an Agoy6st, a
Taiar, and a H4sar^ at the least.
