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Preserved in the archive of the housea source of Pahlavi Texts, Part III (SBE Vol. 24)

> These six names are apptied to the various grades of assault and wounding, for which a special scale of punishment is appointed (see Sis. I, 1, 2, XI, i, 2, XVI, i, 5). Here the list begins at the most heinous end of the scale, and the last three names, which refer to the lightest oflFences, have been already explained in Chaps. XIX, 1 n, XX, 64 n. The first three names are explained in Farh. Ofm, pp. 36, 1. 7-37, 1. 2, as follows: — *For whatever reaches the source of life the name is Khdr ; one explains B^f^di as " smiting," and Ydt as " going to," /kough it be possible/^ the soul of man to be withstanding; afid a counterstroke is the penalty for a YSt when it kas been so much aivqy from the abode of life.' These six gradations of crime, therefore, range from the infliction of the nearest possible approximation to a fatd wound, down to the merely constructive assault of seizing a weapon. All authorities agree in estimating the relative heinousness of the first four crimes by the following numbers: 180, 90, 60, and 30; but regarding the amounts for the two lighter offences there is much difference of statement. In the old law of the Vendfdd^ there are seven grada- tions of such crime, the lowest four corresponding in name with the lowest four here, and all punishable by lashes, with a horse-whip, or scourge, varying from five to two hundred in number, according to the heinousness of the offence and the number of times it has been committed.

* By scourging, as prescribed in the Vendtd&</.

' Owing to sickness, or any other disabling cause.

Chapter Xxxi, 40-Xxxiii, I. Io5

42. About what is the kind of contest of a p<Jor
man, plundered of his property; first, as regards the
oppressor who was the plunderer, and, afterwards,
having petitioned for criminal proceedings, through
the judges, as regards his oppressor, until their repay-
ment of the property. 43, About being delivered
into distress and disaster ^ and the decision thereon.
44. About the oppressiveness of the much pollution
of greediness {dz^S) which is owing to all its fiendish-
ness, aftd the arrangement of the creator about it for
restraining the same fiend* from destroying the whole
worldly creation. 45. About the great judiciousness
of a man in want of power being good, for preserving
his own life and making // nurturable.

Chapter XXXII.

HUspdram Nask.

I. One section of the next twenty contains par-
ticulars about the rite of an ordeal accomplished,
also the modes of one's preservation or incrimination
therein, and whatever is on the same subject.

Chapter XXXIII.

Hiispdram Nask.

I. One section is about the mode and object of
confinement as regards a beast of burden, sheep, and
dog that are mad (d^v^nakS), and the operation
of the affliction (vakhsi^nS) ; also to what extent is
their restoration ; and when not restored, but come
for slaughter, the care of them even in confinement,

. ^ PSz. vdighn. ' The fiend of greediness, Azh,

io6 d!nkaijd, book viii.

and whatever is on the same subject. 2, About the
harm (vinAs) which the beast of burden, sheep, and
dog shall commit 3. About the sin which killed
one who is no offender \ 4. About the care and
remedy /or a sick dog, and whatever is on the same
subject.

Chapter XXXIV. H'dspdram Nask.

1. One section is miscellaneous : about the object
of amassing property lawfully produced, or derived
from (fr6^6 min) what is legally property; the
production authorisedly of what is derived from that
which is legally property, and the production un-
authorisedly of that which is legally property thereby
become one, at first, as regards the very virtuous
or vicious legal proceedings therein.

2. About the lawful time for giving up a maiden
to her husband, the completion of her possessions,
and whatever is on the same subject. 3. About the
impoverishment owing to the completion of the pos-
sessions given, ^i«^/ whatever is on the same subject
4. About a father who has sons, and for which of
them a wife is to be earlier sought 5. Also about
which of his daughters is to be given away to a
husband, and whatever is on the same subject

6. About the progressive meritoriousness of a
righteous gift for a woman, and the grievous sinful-
ness owing to its being dissipated. 7. About wealth
through a righteous gift, the announcement of its
manifest acceptance, and the acknowledgment of its
acceptance in words, as a completed act that is so far
exhaus ed.

* Whether the sick animal, or a man attacked by it, is uncertain.

CHAPTER XXXIII, 2-XXXIV, II. tOf

8. About a foreigner when an Ir&nian asks Aim
for a reward for assistance in battle with his fellow-
tribesmen, and the foreigner does not become
generous, though the recompense is for the gene-
rosity of the Iranians.

9* About the offering up (madam dahi^nS) of
water; that which is an appointed indicator (numd-
dkr), and that which is no indicator ; that which is
an indicator of complete presentation, and that of
partial presentation ; that water which is continually
producing the offering up (A^^dahfnAk), in like
manner, of something of the things of a righteous
gift, through the moistened peculiarity and distinc-
tion^ of an offering-producing gift of a male from that
of a female ; and that which is an indicator both
male and female, and a voice producing offerings, is
animate, or inanimate, or derived from the inanimate ;
that which is an indicator is a germ (tdkhmako-l),
that which is in a germ is of one species, that which
is in a species is of one form, and the proportion
that is appointed is completed, though the purpose
for which it is appointed has not arisen ; and what-
ever is on the same subject.

lo. About the five best and five worst actions,
the seven ^ heinous sins, and the three sins that are
very ill-atoned for. 1 1« About the sin of staining
with bodily refuse, injuring the existence ', and of a

^ The Pahl. text is pavan mamanih va-ka^dmth-i nam! ^6.
Possibly namt^5, ' moistened,' may stand for numii</5, 'indicated;'
but the whole sentence is more or less obscure.

* Written 4 + 2 {= six) in the MS., but this is a most unusual way of writing ' six ; ' it is more probable that we ought to read 4 + 3, the usual mode of writing * seven.' ' Seven evil-doers of sin of a heinous kind ' are detailed in Dd. LXXII, 2-9.

> Pahl. b&td^dk-ze A see Chap. XIX, i n.

io8 DtNKAlZi), BOOK VIII.

death-producing formation as to clothing. 12.
About the sin owing to idleness when, moreover,
that which they might do is good. 13. About a
decision as to the justifiableness of clothing, arms,
equipments, and other things being given to
foreigners, besides promoting their service and
business, zxiA giving them any assistance whatever,
or listening to that which relates to assistance ; like-
wise listening to drunkards. 14. About unlawfully
destroying and cutting plants, ivith a decision
about it.

15. About the sin of digging a grave ^ for burying
a corpse, whether of the idolators (d^vlyastS^n) or
non-idolators, and of supplying clothing for the
corpse of a dead one of the idolators. 16. About
him who threw bodily refuse * on to fire or yvater, or
any place or garment on which it is not authorisedly
cast^ to make Ma^rfa-worshippers polluted ; and
whatever is on the same subject.

1 7. An account of water as regards the description
«;eaf extent of moisture of the land. 18. About the
sin owing to rendering anything useless through
water or fire. 1 9. About carrying off two-thirds of
the misery from the world, by eradicating it from the
creatures through all the illumination of fires ; and
carrying off all adversity from the period of the
creatures, through the freedom from malice of man-
kind, one as regards the other, and through their
perfect sympathy together.

* Assuming that gdbar /t^e^lrQntano stands for gdbar (Pers. g6r) ^^efrfintan6. » See Chap. XIX, 3.

Chapter XXXV. HUspdram Nask.

1. One section contains particulars about the
science (dini^nd) of seeking a son, advice about it
from revelation (d6n6), the advantage of offspring
for the admonitory explanation of revelation within
ones self, and the harm owing to neglecting the
advice of the same.

2. About what happens in the begetting of a son ;
the first sexual excitement it should produce for the
female, the second, third, fourth, and fifth ; the aris-
ing of a son in the world, and also the milk, owing
to her impregnation. 3. And, when it is so that it
amounts to a son, which of the two, male or female,
is sooner emitting the germs at the time <2^ occur-
rence ; and how and how long both have remained,
at the time, in semination, how long in connection,
and how long in bleeding. 4. When and wherefrom
various expectations are produced to contend about,
and when and by what signs the male sex, or female
sex, of the offspring has become manifest.

5. When the localization ^ regarding it is arranged,
and, as to the members, which is the first member
therein, and their being produced, each consecutively,
till the bodily form is complete ; which, and in what
position, is the localization of the members after the
complete production of the form of the body, and
the purpose as regards the position and localization
of the members after the complete production of the

^ Assuming that g8st-hastan& stands for gist-hastan5 in all three occurrences of the word. This is rather doubtful, because the noun g&s, ' position,' occurs twice in close connection with the uncertain word, and is correctly spelt.

no DtNKAlO), BOOK VIII.

form of the body. 6. The effect upon the offspring
which v^ furnished \i\^ subjection to the male, so far
as the complete effecting of it is within the limit for
its authorisation^; the time (vidan&inag^) of the
offspring with the female, the period of its turning
downwards for birth, and the occurrence of birth at
the same time.

7. About the growth of life, too, with the bodily organs (tan(ig&n); ^«fl^ which is the first bone be* come possessed of marrow, apart from the other bones, as it is reported. 8. About the admissibility of the elaboration ^the male sex, or female sex, within it, by the guardian spirit of the righteous, at the fifth month ; and the ceremony for the guardian spirit of the righteous for the sake of the arrival of a male child.

9. About the act of childbirth by a pregnant
woman before recourse to midwifery (diiginlh),
except that relating to the navel string of the child ;
also its first and second food, and when the mid-
wifery is that of her mother; what is the kind of
milk, and the care of the child at the time, its
bandaging, sleeping, nourishment, and protection ;
and the sin owing to acting unlawfully in such
matters. 10. About how many months is the bearing
of the offspring in the womb of the camel, horse, ass,

* The Pahl. text is as follows : — ' KSr-t madam ziko-i levatman d6n kujn s^ar, vad s/6r kdrih zyaj d^n sdmdn pa^/a^ ra^/akih/

^ This unusual hybrid word is evidently intended as a Zvdrif equivalent of the Ir&nian zamdnah, and is composed of vidand (=Ch. W*^, which is the usual Zvdrij for zamdn) + inag (=dnah, the final syllables of zamanah). The central syllable of zamdnah is, therefore, twice represented in the Zvdrij vida- nidnag. The hybrid occurs again, in Bk. IX, Chap. XVII, 3, in a phrase where it can only mean * time, period.' If it were not for this after-occurrence, the word here might be read va-d6-ahiig, * and the dual existence,' with some degree of probability.

Chapter Xxxv, 6-1 3, Iii

COW, and woman ; and whatever is on the same sub-
ject II. About the spiritual perception of ^ new-
bom child, and its coming into the boundaries of
worldly comprehension on the same subjects.

12. About the habits through which multitudes of
mankind attain to the acme of beautiful form : that
of desire for women, that of swiftness which is owing
to the strength of the leg, and that of powerfulness
which is owing to the vigour of the body, that of
desire for wealth, that of speaking in an assembly,
and that of speaking at a distance, that through
which any one uncontrolled comes to a downfall, that
through which there is more knowledge of obedience,
and that through which a counteraction of the afflic-
tion of the race arises.

13. About the vicious desire of the performer
and permitter of unnatural intercourse; also their
violent lustfulness, heinous practice, and corrupt,
polluted bodies, blighted in destiny; great through
their destruction of life in the things which they
see, and every greatness inevitably provides them a
merited death ; as great in sinfulness as AzA Dahdk ^
in oppression, as the serpent Sr6bar^ in witchcraft,
as Tftr-1 Br^r6-r6sh ^ the Karap *, in destroying the

Scanned original of Pahlavi Texts (E. W. West) — Google-digitized scan set (includes Part III material)
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