* The angel of justice who weighs the good works of the de- parted soul against its sins, in order to decide its fate till the end of time.
Chapter Xx, 144-162. 73
155, This, too, that he who does not assert, on
account of fondness for wealth, or dislike for his
own peopUy vexes water and fire and the righteous
man, and disturbs even the reposing archangels from
their thrones.
156. About the grievous sinfulness of making the
righteous dissevered (aft ^k^ftako). 157. About the
bad properties produced by the evil spirit, adjudica-
tion attentive to lying evidence and false, in opposi-
tion to Rashnfi, the just, and through discontent at
the advantage due to Rashnft, owing to the impossi-
bility of the occurrence of those mischiefs being
produced at Rashnft's judgment seat, there where
they do not give decisions for the wretched for the
sake of the aristocratic multitude (dzkd hivandth
T&\). 158. And about the aristocratic multitude
which comes to Rashnfi owing to taking bribes, and
went with a complaint to Aflharmasrflf, and whatever
is on the same subject. 159. About a just judge
who is appointed one of an assembly for the opposi-
tion of thieves, oppressors, and destroyers of the
righteous.
1 60. About the possibility of the coming of every
one, through diligence, to the best existence. 161.
About the superiority (maslh) of true justice over
(min) other good works, and the grievous sinfulness
owing to false justice, and when they shall not
deliver a sentence zvitA a full understanding of the
true from the false.
162. About solemnizing and learning by heart (narm kar^/anfi) the G&thas, the H&rfokht^ and
^ Here written Hiddlid; the name of the twentieth Nask (see Chap. XLV).
74 DfNKARD, BOOK VIII.
the Va^tag\ through knowing the foundations
(piyakAn) thereof; the sin owing to not knowing
them^ ^r«^/ whatever proceeds therefrom. 163. About
the greatness of the law through decrees and judg-
ments from other discourses (sr6bin).
164. About property of seven kinds, of which one
says that it is not allowable to take it as security
for other property. 165. About ten friends with
different assertions on the same subject.
166. And about the apportionment of this dis-
course there are complete decisions of several other
kinds, and into those, too, it advances and thereby
introduces much adjudication which takes heed, in
every one, of words and deeds of many kinds, and
is specifically tf»//also intelligibly apportioned.
167. Perfect excellence is righteousness.
Chapter XXI.
I. The first of eighteen sections of the GanabS.-
sar-ni^a^* contains particulars about the thief, with
his arrest as the special thief of that which is seized
(tereft6) by him; the premeditated sin, the im-
prisonment and fettering, the punishment appointed
for atonement of the sin, the execution of the duty,
^ The name of the eleventh Nask (see Chap. XII).
' Corresponding to the sixteenth word, ahur&i, in the Ahun- avair, according to £. P. Riv. ; but it is the eighteenth Nask in other Rivdyats. Ganabd-sar-ni^a</ means ' the thiefs head downstricken ; ' but it is misread Dv&sH^fad, Dv&sHii\^d, Dvdsrii- ^d, or Dvisrdb, in the Rivdyats, which also state that it contained sixty-five kardah, or subdivisions, which agree with the numbers of sections mentioned in Chaps. XXI, XXIII, XXIV. This Nask is evidently named from the contents of its first section, and possibly from its initial words.
Chapter Xx, 163-Xxi, 6. 75
and the amount of the reward (mvisn) ; the amount
of speciality in the ransom (naz^&k) of every one,
each separately; the act and place of punishment,
what is the person who is strangling and the mode,
how those who are therein strangling are drawn
forth (na-8r!-alt6) successively, and which is set to
work first.
2. About a person whose offending limbs are
bound, the degree of tightness of the binding and
fettering, and the formula (ntrang) of fiezng' hound
for the sin of theft. 3. About imprisonment, and
the imprisonment which accusers Aave to provide, a/
their own expense, t/ they are those who are privi-
leged; and whatever is on the same subject. 4.
The number of places for fetters, and those which
the thief, whoever Ae is, possesses, each separately.
5. How far, how, and for what putting on of fetters
(garov-dahijnlh) those accusers Aave to provide a
thief s fetters, too, a^ their own expense, t/ they are
those who are privileged ; the place for the requisite
privileged putting on of fetters, the sin owing to
putting on more fetters of a different kind, and that
which is owing to neglecting the putting on of the
fetters which ikey have to provide; the limit as
regards the deserving of more fettering, the number
of grades of theft beyond the limit of deserving
fettering, and those which are below the limit of
deserving fettering.
6. About the kinds of theft, and the excessive
sinfulness of a thief through cutting^ and wounding
the body; the undiscoverableness which is specially
as regards a thief at a distance (pa van hdsar), he
76 DiNKAiJD, BOOK VIII.
who is on the spot being he who is within one step ;
theft, with plunder, injuring the existence^, minor
injury, and other sins, may be in confederacy^ before-
hand or afterwards. 7. About the thievish design
of a theft which is not abetted (14 ham), a theft
with equal shares, and a theft with different shares.
8. About the sin of assisting a thief (d£l^ alyy&-
rak), of making investigation and releasing, of a
sentence of acquittal, and ofdL, listener to a thief; he
who is a giver of assistance to a thief is carried off
for theft ; also decisions about theft by a child, by a
childless woman, and by her who is pregnant ; like-
wise their maintenance and earnings (vindi^no) in
retributive work, and the work of a pregnant thief.
9. About the accumulated property of the in-
numerable which they would keep away from thieves,
both the thief by means of his hands, and him who is
a thief not by means of his hands. 10. About the
testimony of a thief, that is, for what it is admissible
when ^ he advances as a thief; how at the //»^ when
a is necessary to seize and bind hinty and how at the
time when it is necessary to flatter (ni v&khtanS) and
deceive him until one attains to absolute power
(kim-kdr Ih) thereby. 11. About rewards (naz/i^no)
with thieves. 1 2. About the difference of theft from
plunder.
1 3. About property which any one, carrying it off,
* See Chap. XIX, i.
* Piz. hidhih, probably for a Pahl. adjective ha</ak from Av. had ha, and referring to accomplices before and after the fact (see Chap. XVIII, 5).
' Assuming that mAn stands for amat, their Irinian equivalents being nearly alike, and the latter word being used in the succeed- ing clauses.
Chapter Xxi. 7-Xxii, 3. 77
has to bring back to its owners ; such as that which
the frontier people may take away from foreigners,
that which the judge may take away from thieves,
and the share which he may take away from any one
not interfering * with thieves. 14. And about pro-
tectors and defenders of a thief, and also many other
legal decisions as regards theft.
Chapter XXII.
Gafiabd'Sar-nigaA Nask.
I . The second * section is miscellaneous (h a m -
d&£/ak5): about the authority for the enquiry
(khvdst-raflfaklh) of a father into the sin of a
grown-up son, when unaware of the sin of his son at
the time it is committed ; that of^, son into that of a
father, and pothers grown-up, as to one another,
when they are not abettors of the sin ; and that of a
husband into the sin of a wife, when not and when *
co-operating and unrestraining. 2. About arrival at
the period for the teaching of children by a guardian
or father, and the mode of his teaching ; the period
at which the sin of a child has reached a beginning,
the extent of the sin of childhood, the retribution in
childhood, and that also at maturity; the sin due to
not teaching a child who is to be taught, and what-
ever is on the same subject.
3. About the freedom from slaughter which is to
^ Av. asterethwan. The share being a bribe for purchasing non-interference. In each case the property is to be restored to its original owner who had been robbed by the foreigners or thieves.
* Perhaps the repetition of the word a mat, *and when' is a bhinder of the copyist
78 DtNKAl^D, BOOK VIII.
keep away the destruction of the world ; and what
is the mode of distributing the property of a man of
the valiant after his slaughter. 4. About the sin of
having given implements of slaughter to a woman, a
child, or a foreigner. 5. About a woman who, as
regards two men worthy of death, demands the
head of the one, and is seeking a son in the other
one.
6. About a warrior, without provisions (atd^ako),
who, on the march, has come upon pasture, corn,
and sheep whose shepherd ^ is a stranger to him, and
whatever is on the same subject 7. About con-
sidering property inexpedient, and the decision
thereon.
8. About the amount of delay of a judge on
becoming aware that the plaintiff is falsely petitioning
and the defendant is falsely confessing. 9. About
the amount of delay of the judge, and in the court
of justice (di^ g&s) ; and whatever is on the same
* The Pahlavi word is written -0-00 twenty-four times, and «t)H)0 once, in this Book, but its reading is not quite certain. It means 'shepherd' throughout Chaps. XXIII, XXXIX, and in XXXI, ly, 31, XL, 3; but is used for 'herdsman' in XXXIX, 3, and for * follower * in XXXI, 2. This last meaning is strongly in favour of the reading pasig, for pastk, 'following,' an adjectival form derived from pas, 'after,' which, when used as a noun, would imply ' one who follows,' as drovers and shepherds are accustomed to do, with a few local exceptions. The Pahlavi spelling of the word is uniformly inconsistent with the reading pds, 'guard, pro- tector ; ' and it seems hazardous to trace it to a possible Avesta adjective pasvya, from pasu, 'a sheep,' because the latter word becomes pdh in Pahlavi. The word also occurs in Pahl. Vend XV, 116; it is a transcript of Av. fsh^nghf and fsh^nghyd in Yas. XXXI, 10 b, XLIX, 9 a, and of fshfi in Vend XIII, 10, 11; so that it may perhaps be read fsheg, or fshfi, as a mere transcript from the Avesta.
CHAPTER XXII, 4~l8. 79
subject. lo. About a decision regarding a judge
who explained a doubtful opinion as a certainty,
and that which is certain as a doubtful decision, and
would make an undecided matter decided, ii.
About the opinion as to certainty and that as to
doubtfulness, making a decision, and whatever is on
the same subject
12. About the business ^commissioned judges,
from him who is lowest to him who is highest, one
above the other one. 13. Decisions about adjudica-
tion; that which is legal when two judges are
together, that which is legal with either ^w^ judge or
two judges together, and whatever is on the same
subject 14. About the statements of a decision
regarding interpretations (pi//6-khfin4n6)\ and
whatever is on the same subject 15. About the
proportion of the time of judges for decision, that
for summoning witnesses to the judges, and that for*
the proceedings {%ak\sw<S). 16. About the judge
who is doubly satisfied 2, and him who is not doubly
satisfied; also the time from a judge's not being
doubly satisfied till his being doubly satisfied. 17.
About a judge of four customs, and his decision
thereon ; one who knows the decree and would act
to effect it, and one who knows // and would not
act 18. About the supremacy of a judge as to
adjudication so far as there is a false decision therein ;
how it is when he is at a distance (pavan hisar),
and how it is when he is on the spot ; he who is at a
^ Pahl. pi^o-khin = Pers. p&rAv4n.
' P&z. vaydzuxt, Av. vaydzu^td^dvaydzu^td. Farh. Oim, p. 43, II. 10-12, has 'the Vaydziutd, who is a judge, explains this, so that the petitioner who is doubtful is a hearer of certainty; it is, as cm says, deliberately weighed/
8o DtNKAJU), BOOK VIII.
distance becomes a superior therein, when he comes
back to the place of justice before the end of a
Hisar ^ 19. About other false teaching of a judge
which is manifest therefrom, and the retribution for
the false teaching ; the false summoning, false in-
vestigation, and false evidence of the complainant
(mftst-h6m6nd) having been his own, and a separate
atonement unto the afflicted one has to atone for the
affair ; it having been mitigated by no good work.
20. About the trouble of adjudication to the priestly
authorities (raflfin). 21. About the proficiency of^
woman or child who is acquainted with the law*, for
a judgeship, being above that of a full-grown man
unacquainted with the law.
22. About assisting the want of one's own disciple
for a master for the recited law, and the sin due to
not assisting, such as that when, wanting assistance,
it is allowable yj?r the afflicted one to beg an assistant
from foreigners, and according to his petition is the
bringing of a foreigner for assistance ; and whatever
is on the same subject. 23. About the supremacy
of Rashntl ^ the righteous.
24. About several persons who are engaged in
legal proceedings about the keeping and non-division
of property not their own, and the decision as regards
for whom one has in keeping that property which is
not his own. 25. About actions which are not in-
consistent and those which are inconsistent. 26,
About the decision of a judge of congregational
actions.
