^ This term is explained in an extract from some Nask (com- pare Chap. XLIII, 9) quoted in Farh. Oim, pp. 17, 1. 9-18, 1. 5, as follows:— * -4 z^. kd asti £^ka6sh6 vivijddtd, which is the judge who is acquainted with the law? Av, yd afeta pairi arethra frazdnaiti, he who thoroughly understands the adjudication from the statements [even though he does not easily understand many of the statements, and though // de not easy as regards the statements which are not numerous, is an oflScial who is acquamted with the law(karflrdr-i dkds-d&</); and Ae who does not thoroughly under- stand the adjudication from the statements, even though the state- ments are not numerous, and i'/ be not tzsy /or htm as regards theniy is to be still considered as unacquainted with the law (anakas-da</)].'
' Compare § 115.
Chapter Xx, 74-88. 65
Sight of him whose own it is, and he who is seizing
upon ii disputes about // as his own property; and
whatever is on the same subject
81. About disputing the debts of fathers when
one of iA^r associates is confessing tAemy and the
rest have come, and it is possible for them to dis-
pute iAem, but they do not dispute. 82. -^im? about
the progress of a dispute of one of the associates as
to the whole debt of onis fathers. 83. About the
possibility of children being worthy of death, for
wizard's spells, when with their guardian ; and of a
woman being so when guardian of herself. 84.
About a case where the amount of a lamb (m!dat-l
as/eren6) is the lowest, and the amount of a human
being (vlr6k mozd) is the highest ^ 85. About
theft and plunder as regards one's own property,
when one brings it away from the possession of some
one without dispute. 86. About the triumph of
him who, falsely investigating, may act judicially by
illegally-issued incentives, when he institutes legal
proceedings for the sake of appearances ^ ; as distin-
guished from him who is truly seeking and truly
investigating.
87. About the statements of a litigation of man
and wife, which is justifiably brought on^. 88.
And also this, namely, when she sees herself in-
jured, or defence is possible by means of that which
* The minimum and maximum grades of value mentioned in Chap. XIX, 47. Here it is evident that mtdat and mozd are sjoionyms, the former being, no doubt, the Zvdrij, or Semitic, equivalent of the latter, compare Chald. HTO,
* Pahl. khikiinfhi, literally 'through making a dust.'
' Or it may be 'of a man and a woman who is domineeringly plundered.'
66 DtNKAJU), BOOR VIIL
is discharged by two fingers \ it is justifiable when
they shall institute no litigation but seizing. 89.
About the person who has become privileged to give
away a daughter to a husband, her father having
passed away. 90. About the sin of making a
damsel (kanlk) weary of her husband. 91. About
the sin as regards property in this action, either pro-
duced where the action for this purpose is really
devoid of illiberality (adahi^nlh), or to commit in
order that they shall give me a wife even when they
do not give her on that account 92. About the sin
of giving a girl (kantk) for a girl, or odier living
thing, or of speaking thus : * Do thou go in unto my
sister, or daughter, while I, too, will go in unto
thine/ 93. And the sin as regards the person of
my wife, too, which is owing to that sin. 94. About
ofte obtaining back the value which he gives away
for a girl, when the girl is not that value in wedlock.
95. About a girl who, after fifteen years of age, is not
given to a husband ; and her father, to satisfy her
menstrual excitement (dash t&n-mSyah vi^4r^an6),
uTtd to sustain it, becomes sinful and harbours a
paramour ; afid whatever is on the same subject
96. About having given food, a»^ anything except
a wife, to any one who praises the Masa&i-worshippers
religion of another, even though it be through fear ;
also this, that it is only he, when he has thereby
become quite of the same tenets with the religion of
the Masr^a-worshippers, to whom the gift of a wife
worthy of a man (vlr masil) is then to be pre-
* That is, in some very easy way. The intention was probably to discourage petty disputes between man and wife, by not inter- fering with the stronger party when aggrieved
Chapter Xx, 89-105. 67
sented. 97. About committing the sin of giving no
food \ which is one of those worthy of death. 98.
About the duty imposed of chastising a wizard for
the TanSpOhar sin ^ of assisting a demon •, so that
one's duty is manifold, and to be accompHshed during
several years.
99. About the day and night which are longest,
medium, and shortest ; that is, how many HSsars *
iAey are, each separately; and, as to their occurrence,
in what control is the appointed time which is really
theirs, each one, as to period. 100. About the Para-
sang * which is the longest, medium, and shortest ;
and whatever is owing to their subdivision.
loi. About the work and fodder (v&s&n)* of an
injured beast of burden, by day and night. 102.
About a sheep which kills a person, and whether its
owner be innocent, or sinful, through not putting a
tether (band) upon it; and the reason of the sinful-
ness and innocence therein. 103. About the period
that extends from certainty to dubiousness, even
though it be for the supreme priest, or one provides
three witnesses; and how long it is. 104. About
the multitude of witnesses who give no evidence,
together with the judge who is unjustly deciding.
105. About the injuriousness (^^drlklh), for the
^ See Chap, XVII, 6. » See § 65.
' Reading d6v-vi^tn which is miswritten ^w^jk)*
* See Chap. XIX, 54 n.
' A distance of four Hdsars (Bd. XVI, 7), or as far as a far-seeing man can distinguish a black ox from a white one (Bd. XXVI, 2). It is usually from 3^ to 4 English miles, but in Pahlavi texts it often stands for a Hdsar, or Roman mile, both being measures for long distances.
• Or 'rations* (v&jagftn),
68 DiNKAIW), BOOK VIII.
priestly authorities, of anything that is given to the
unworthy. io6. About what kind of gift, that is
given, was accepted ; that is, how, when given by
one when another claims /V, it returns to him ; how,
and in what proportion, when the other does not
claim it, its expediency does not arise ; and whatever
is on the same subject. 107. About a case where
there is property of several kinds which a man has
given away as a righteous gift, and it is allowable.
108. About the case where whatever is given and
reaches some one, when he gives it and does not say
how it was given, it becomes a righteous gift. 109.
And about its not having become a gift, through fear
of whatever is its danger.
1 10. About the theft and extortion of him who
does not maintain the wives and children of persons
in his control, to preserve and nourish them, through
fear. iii. About the allotment of punishment for
the limbs of sinners, and upon which limbs is the
allotment. 112. About the atonement for sin where
it is most irksome. 113. About the amount of
retribution for an assault (zatam) which may be
committed upon one worthy of death who is preserved
through great judiciousness.
114. About AOharma^^/ having given all pros-
perity to ZaratArt and the disciples of ZaratClrt ; the
theft and extortion which have arisen in a man when
he has not given to a worthy person any of the
prosperity that has befallen him; and whatever is
on the same subject 115. About how an animate
being is situated who is in a place apart (aham), and
when he dies in innocence and keeping apart \ his
* Compare § 79.
Chapter Xx, 106~122. 69
wound being also through duty; and whatever is on
the same subject. ii6. About the advantage and
pleasure of keeping a promise (mitro-dirlh), and
the gravity, harm, and vexation owing to various
degrees of promise-breaking (mitr6k-drA^lh); also
how a promise is kept. 1 1 7. About the grievous
sinfulness of strife, insincerity (avAkhlh), and slander,
and the harm that proceeds therefrom; also the
frost (pazd) and punishment provided for them *,
and whatever is on the same subject.
122. About the existence of so many thieves
assisting a thief with special ransom, and what kind
of reward (nat^i^nS) one is to use with thieves, to
' In hell (compare AV. XL, 7).
• Pahl. mar'sindn, which might be supposed to be a defective writing of margar'^&n&n, * those worthy of death ' (the two letters equivalent to rga being omitted), but see Chap. XXI, 13.
' The MS. pdk is evidently a defective writing for naz'^k which is written correctly in the next clause of this section.
70 dInka/^d, book VIII.
deceive with great judiciousness. 123. About at-
taching to the neck of a thief the thing which was
stolen by him, for his personal identification, and
conducting him to the judges. 124. About the non-
atonement of thieves, by any amount of anything
whatever, without confession as regards their own
sin. 125. About the assistance to possession which
is claimed by any one from the authorities (pa^4n),
when his property is stolen or extorted.
126. About the grievous sinfulness a«^ deceitful-
ness of many kinds which occur when a woman who
is given away with her concurrence, and her accept-
ance is announced, is given to another man ; and
whatever is on the same subject. 127. About the
unjustifiableness of the wisdom of a man, through
which he took away property in dispute, from him
who wc^ ignorant, before there was certainty about
it. 128. About making intercession in a dispute, for
him who is ignorant, Tvith the judge and other
authorities and chiefs, even including the king of
kings *, when there is no intercessor for him. 1 29.
About the reason of the fitness of^ man for sove-
reignty, and the lodgment (t/* Adharma^ra? upon the
limited (tang) person of him who is a good ruler.
130. About the five special ordinances (di^/istin)
that are certain ; these are without ordeal, because
th^ are to be considered as certain, and the penalties
thereof are to be fully inflicted. 131. About investi-
gation after confession. 132. About squandering
(nikizand) wealth of which the custom (dastdbar)
of maintaining is begging for it. 133. About the
progpress (saii^nd) of legal proceedings not having
* The Persian monarch.
Chapter Xx, 123-143. 71
occurred, which is not demanded on account of the
existence of want of power, and the number of kinds
of that want of power. 1 34. About a woman with-
out a guardian, when she takes a paramour, and
whatever is on the same subject.
135. About bringing a written statement into
judicial proceedings, and whatever is on the same
subject. 1 36. About the sin of frightening any one
from his place, when he shall move on account of
that fright, and the amount of movement and harm
which will come upon him therefrom. 137. The
delivery back of that which is extorted from ones
hands or keeping ; that is, how it is to be considered
as delivered.
138. About the obviousness of a minor adjudication
from that which is greater. 139. About the ex-
treme benefit and peace, even in this world, through
a wife and children and grandchildren, and also the
prosperity, as regards produce and even wealth
thereby, taking away the disputes that arise. 1 40.
About the grievous sinfulness of wealth acquired
through unnatural intercourse \ the annihilation of
the spiritual faculties (matndg&n5). 141. About a
decree in which the decision is of three descriptions,
about three persons. 142. About a tree which,
when stolen away, is the death-blow (mit) of a
hundred pure birds (vdS), and a thousand birds
arise.
143. About a sin which, owing to deceiving pre-
viously, has to increase {^rdz mastan5) its extent,
and to fully taste the extremest crime of a dagger
* Vdmkfinth, compare Pers. b&miin. It cannot be 'making
loans, or money-lending,' because that would be spelt <f9&m-
kftnth.
72 DtNKAJU), BOOK VIII.
(dahrako) of several o/the smallest finger- ^readiAs.
144. About the sin of defiling four-footed females.
145. About keeping back one of the combatants from fighting, and whatever is on the same subject.
146. About counter-assaults of eight kinds, assault
when an infidel shall commit ti upon one of the good
religion, and whatever is on the same subject 147.
About a counter-assault of a heretic (d0^-d6n6)
when an arch-heretic (sarltar-d6n6) is slain.
1 48. About not leaving any property in the keep-
ing of one worthy of death. 149. About such
numbers of abettors of sin deing^ with the sinner,
and whatever is on the same subjects. 150. About
the injury of a plaint and defence, and the dwelling,
property, and feast 0/ the good, 6y that person who
extols the presidentship which is given him, Sul who
is not fit for the presidentship. 151. About the
sinfulness of a judge when he shall make a decision
for anyone according to his origin. 152. About the
grievous sinfulness of delivering the person of an
Irdnian to a foreigner, ««// whatever is on the same
subject
1 53. About the greatness of the gift of a righteous
man, as compared with (m i n) the gift of another,
for RashnO \ the just, to proclaim among the crea-
tures and to accept 154. This, too, that, when
they encounter an apostate and it is necessary to
hold a controversy, though fAere be danger for the
hands or feet, or though even for the head, there is
to be no refraining from asserting that which is true.
