Chapter Xx, 14-26. 57
20. About litigation as to a costly article, when a
witness of its possession by the one party is combined
with non-possession by the other one with no witness,
or with its possession by the other one with a single
witness ; or the witness of one is with the sacred
beings, attd its possession by the other one is like-
wise not manifest ; when both parties are related
(khidyahlk), or both are unrelated (anazdlhlk);
and what kind of possession they say is most real.
21. About annulling the decision of a judge, and the
time it is done at the court of 2i chief judge, and also
owing to an ordeal for certainty ; and whatever is on
the same subject. 22. About the litigation of three
persons as to property it is declared, so much is
given to one on the day AAharmasr^ to the day
Vohfiman ^, to another one on the day Ar^avahi^t,
and possession is not made over to the third one
at all.
23. About selling property which is not one's own,
and whatever is on the same subject 24. About
controversy as to anything which ought not to occur.
25. About any essential dispute that any one has,
when agreeing thus : * I do not have it as my own,
but owing to the other person ; ' and whatever is on
the same subject. 26. About the litigation of an
IrAnian with a foreigner, or with foreigners, of a
Av. gaoyaoiti ?) is four, the Dashm6st (' distance-mark? ') is eight, and the Y%y&st (' stage ? ') is sixteen miles. This series of dis- tances is analogous to the Sanskrit series, but more elaborate ; the Hfisar is best compared with the Kro^a as the commonest unit of moderate distance, though less than half its usual length; the Agoy6st is nearly the same as the Gavjr^ta ; and the Y%ydst is analogous to the Yo^na, though nearly double its length.
^ That is, on the first or second day of the Parsi month ; and to the other on the third day.
58 f)tNKAi?D, BOOK VIII.
foreigner with an Iranian, or a slave with a man of
the country, as to a costly article ; attd whatever is
on the same subject. 27. About a much-clamouring
plaintiff having summoned defendants to the judges
regarding a decision, and about the perverted wordi-
ness and mixed verbiage in the legal proceedings ;
and whatever is on the same subject
28. About the time for a high-priest of property
and possessions, what is the specific necessity for a
high-priest, and whatever is on the same subject
29. About the fitness of a woman for evidence and
judgeship when guardian over herself, and the unfit-
ness of a privileged wife^ who is a foreigner and
worthy of death for only a single offence, even with
the authority of her husband ; and whatever is on
the same subject. 30. About the owner of a pledge
not depositing the pledge beforehand, and whatever
is on the same subject 31. About giving up the
property of partners, and whatever is on the same
subject 32. About the property that any one pos-
sesses, and is without any witness as to his owner-
ship and possession of it. 33. About the ordeal of
excessive eating (piArA-khftr&nS) for escaping
distress (mftst-kar ^Ih) ^jy plaintiffs and defendants
before driving each other into legal proceedings, and
whatever is on the same subject
34. About the legal proceedings as to a female *
they steal from some one, and she becomes a sup-
pliant of a thief; some one takes her by sequestra-
tion (^a>5l^aklh)^, and they steal her also from him ;
* See § II n. * A slave no doubt.
' This is the technical term for legal seizure, or sequestration (see Chap. XXXIX).
Chapter Xx, 27-43. 59
the original possessor (bdn) sees his own, not know-
ing she is back alive, when they become disputing
about her ; and whatever is on the same subject.
35. About property which is in the possession of
any one, when some one gives U up to some one else
in his sight, and he does not dispute iV. 36. About
a master teaching a disciple not to go back to legal
proceedings, and whatever is on the same subject
37. About controversy, with any one, as to special
property in righteous gifts, and whatever is on the
same subject.
38. About legal proceedings in which one accom-
plishes an ordeal three times, and it comes off in one
way; a»^ whatever is on the same subject. 39. About
the existence of the many kinds of speaking with
wizard's spells ^, and those with threats of danger ;
and about the usage in witchcraft as to the moderate
and justifiable production of mutual afflictiveness
thereby. 40. About which is the ordeal for one
worthy of death, the greatness and littleness of an
ordeal, and also this, that is, which are the blessed
among twenty of those undergoing ordeals. 4 1 . About
the proportion of firewood, and from which tree it
ought to be good; and again, too, the several ap-
pliances and formulas that are necessary in accom-
plishing the ordeal. 42. And this, too, that when
the man is aware of his own truth, even though he
be aware of ii, the fire speaks in the words of men
thus : * Walk not on to me ! for I chastise during
one s progress/ 43. About one still mediating in
legal proceedings as to a thief who has acted
faithfully about quitting confinement and fetters to
^ See Chap. XVII, 6.
6o dInkard, book viii.
cause a ceremonial \ and whatever is on the same subject.
44. About the wealth of a priest who is not keep-
ing his property in edifices (aAzdei'iklh) or domains
(mat 4), 6u/ goes on with Ais occupation ; and when
he passes away, to whom and how ii has to come.
45. About litigation as to property from the residuary
wealth of fathers, about keeping it together (vd-
ham-d&r), and whatever is on the same subject.
46. About the amount of retribution, in confine-
ment, fettering, and punishment, for a lamb*, a
sheep, or a beast of burden, which is stolen ; and
whatever is on the same subject. 47. About a de-
fendant regarding whom three plaintiffs complain, all
three as comrades, one as to a lamb, one as to o,
sheep, and one as to a beast of burden ; and whose
answer is first given, 48. About the litigation of
three persons as to a costly article which remains
apart from thent, he who deposited it being a strong
person, and the ownership of not even one of them
being certain. 49. About the coming of retribution
to three persons who, all three as comrades, have
stolen a lamb from one, a sheep from anot/ier one,
and a beast of burden from a third one.
50. About the reason of the justifiableness, and
that also of the unjustifiableness, of confining a
fel/ozihcountrymsLXi for his own theft, and whatever
is on the same subject 51. About the extent of
continuance in hearing a defendant, and this, too, as
to a plaintiff ; also about the time appointed for
speaking, and its extent. 52. And about this,
' Or it may be * to provide supplies/ > See Chap. XIX, 47.
Chapter Xx, 44-60. 61
namely, when any one has made an accusation about
any other, and goes back at the time appointed, and^
before a reply is given, he shall make out another
accusation about the same man, to which of the two
accusations a reply is to be first given. 53. About
the reason of the hardship of legal proceedings ;
about what man it is whose statement is second,
third, fourth, and last in conducting legal proceed^
ings; and about the twenty-two stratagems in con-
ducting legal proceedings.
54. About the cancelling (p&^y&r&nth) of an
ordeal, even that which is accomplished with three
selected witnesses. 55. About the season of the hot
ordeal, and also that of the cold ; and whatever is
on the same subject 56. About one, in a procedure,
demanding an ordeal, the other one having appointed
the time for the supreme priest, and whatever is on
the same subject 5 7. About the benediction of the
supreme priest on making, or changing, a decision ;
also this, namely, which are the blessings for chang-
ing, through their nature, a decision which is made.
58. About evidence of walking upon a water-skin
(khlk) tf;»^ putting something inside ^V, (^assault and
wounds, ^wealth which they squander (nikizend)
and a righteous gift, of a damaged and sequestrated
thing; and <2/^ rubbing up (pi^S-mili^no) and buy-
ing it strengthened ^, and at a price. 59. On litiga-
tion about the ownership of a wife, cattle, trees, and
land; and whatever is on the same subject. 60.
About the certainty of the statement of several
leaders of an affair, as to that on which their affair
^ Pdz. adganghen for Av. aoganghem=ao^anghem (see also Chap. XLI, 17, 18),
62 DfNKAlU), BOOK VIII-
depends^ and of the supreme priest, or three wit-
nesses, in every legal proceeding. 6i. About in-
crimination (alrikhtakih) of several kinds as to
statements in legal proceedings, arid whatever is on
the same subject. 62. About the modes of action
for eradicating the deceptions (fr^z/5&n6-fit&r) of
apostates, and whatever is on the same subject.
63. About cases where the virtuousness of the
thoughts, words, and deeds of mankind is all derived
from the virtuousness of the beneficent spirit, and
mankind themselves shall render it their own, and,
in that way, its reward reaches them; and thdr
viciousness is all derived from the viciousness of the
evil spirit, and mankind themselves shall render it
their own, and, in that way, its bridge penalty^
reaches them.
64. About the injuriousness due to unrenounced
sinfulness, that is, what is injured by the first,
second, third, fourth, or fifth unrenounced Aredfij
sin \ 65. About where and which is the speaking
with threats of danger ^ and which is the taking up
of a weapon (4g6rept6), not the turning it down,
that becomes a TandpAhar sin * ; also the sin which
is owing to such sin.
* The decision announced at the -^nva^ bridge (see Chap. XIV, 8), as to the fate of the soul until the renovation of the universe, after the account of its good works and sins has been accurately balanced.
' Farh. Otm, p. 36, 11. 6, 7, has ' when through sinfulness one
lays a weapon upon a sinner, the name is Aredii^.'
» See Chaps. XVII, 6, XIX, i.
* Whereby a person becomes an outcast and worthy of death. According to Vend. IV, 67-72, 75-78, 81-84, this occurs on the eighth committal of an Ag^repto, on the seventh of an Av6trijt6, and on the sixth of an AredCij ; or on the first committal of any of the three, if the criminal refuses to atone for it.
Chapter Xx, 61-73, 63
66. About the case where aru has to atone, and
who does it; he who undergoes the sacred-twig
ordeal has atoned best ; and which is the least heat
ordeal. 67. About two men having seized pro-
perty together, and having together, at the time,
demanded a judge and ordeal about it ; and when
one seizes the property some time earlier, and the
other one demands the judge and ordeal earlier ; and
whatever is on the same subject 68. About some
one carrying off the property of a person from the
custody of another person in sight of the same, and
he who kept it before is, within a H4sar\ a witness
before the judge as to its custody or possession;
and also when the witness of it has not come
within the Hasar ; and whatever is on the same
subject.
69. About cases where the decision of the judge
is to be made from the Avesta and Zand *, or from
the common consent of the good ^ and whatever is
on the same subject. 70. About the justifiable
selling of a man, a sheep, or a beast of burden, as
free from defect when its defect is not obvious ; also
about the symptoms of their defects. 71. About
the case where and how far a decision, about which
one is in dispute, is a solitary statement, or more.
72. About the object of the appointment of a
judge, the eminence of an appointed judge, and
whatever is on the same subject. 73. About the
reasonableness of the severity and want of severity
^ Eighty minutes on the average (see Chap. XIX, 54 n), but varying from one hour to two, according to the duration of day- light.
• That is, from the scriptural law and its commentary.
' That is, according to precedents recorded by the priesthood.
64 dInkard, book viii.
of judges. 74. And this, too, that the judgeship is
to be given to him who is acquainted with the law
(ik&s-di^/) * ; and the object of acquaintance with the
law. 75. About the case where there are a supreme
judge of the law, a plaint, a defence, an arrangement
of legal proceedings, and an award; and through
what sin it becomes injustice. 76. And this, too,
that the justice of him who may therein commit
falsehood, as regards so many essential decisions, is
injustice.
77. About the many who may seize wealth, which
is the property of some one, with their own hands ;
and^ when they litigate about it, he says it is his
own property, whereby they are convicted. 78.
About incrimination of five kinds as to whatever
property is on the spot, ^?r at a distance (pa van
hisar) ; a«flf whatever is on the same subject 79.
About putting apart, keeping apart ^ and two apart
before being put away; also about litigation as to
keeping apart, and whatever is on the same subject
80. And when some one has to deliver property
which is a person's own to some one else, in the
