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

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

* See Chap. XIII, 8 n, and compare the account of the seven special evil-doers in Dd. LXXII, 3-9.

■ The Av. azi srvara of Yas. IX, 11 (W.), Yt. XIX, 40; a
terrible serpent slain by Keres&spa the Sdman, as mentioned again
in Bk. IX, Chap. XV, 2.

* Also written Brd^r6k-rfsh ; he was one of the TMnian priest- hood who persecuted Zaratdjt in his youth, and probably the same as Pers. BartarQsh (the Brd</ar-vakhsh of Sd. IX, 5) who is said to have killed Zaratftjt in the end. But, as he was one of five brothers, three of whose names were much alike (see Byt. II, 3 n), his identification is rather uncertain.

* Av. karapan. In Dk. Bk. VII the Karaps are often men-

112 dInKAJZD, book VIII.

righteous, and as a deceiving apostate in falsehood.
14. About the grievous sinfulness of a woman, just
delivered and giving milk, whose progeny is the off-
spring from intercourse with divers males, and what-
ever is on the same subject

15. About the increasing vigour of the female
from the mounting of the male, and the diminished
vigour of the male from mounting on to the female.

Chapter XXXVI.

HUspdram Nask.

I. Six ^ Fargards of one section of the last fourteen
contain particulars about the enumeration of species
of ownership, their precedence one over the other,
and their good report in conducting legal proceed-
ings. 2. About property that is brought up to the
judges, which, owing to an accuser, becomes a source
^litigation for a judge. 3. About a decree as to
restoring possession, or as to keeping possession, of
whatever is among such matters. 4. About property

tioned as enemies of Zaratikt, both before and after his birth. Some are named, such as Ddrdsrdb, Bri^r6k-r6sh, Va6dv6ijt, and (yash- mak. The Karap of the district where the mother of ZaratQjt was born banishes her for witchcraft, and must, therefore, have been the official head of the district. DClrisrdb, the Karap, travels some- times with a disciple (hdvixt), so his title was probably a priestly one. The Karap is also often mentioned with the Kai, or Kik (Av. kavan or kavi), the title of an equally obnoxious class; both Ktks and Karaps being termed ' demon-worshippers,' or idolators ; and the Pahlavi translators of the Avesta speak of them, meta- phorically, as ' blind and deaf to the sacred beings.

^ These are called * five Fargards' in Dd. LXI, 3 which appears to refer to §§ 7, 13. Or it may be * seven,' if we consider the ' seven ' of the next chapter as completing the last fourteen sections of this Nask.

which is, or is brought, out of the possession of a
defendant, and property which is extorted from a
man by worrying, or by a noticeable crime upon
him ; with a statement about it.

5. About the earnings (vindi^nS) of fellow-com-
batants and fellow-subordinates, Tvitk a statement
about them. 6. About the coming of land, pro-
perty, or anything, held by foreigners, into the
princely possession of one from Irdn.

7. About the guardianship of a family (dd^fakS) ;
likewise the varieties of it, and the fitness of a man
for it. 8. About one's own family, and whatever is
on the same subject 9. About the income (vin-
di Jn6) of wife and child.

10. About the trouble (^the business ^obtaining
(vindi^no) a wife, and also her marriage, owing to
the urgency of the husband, after the trouble. 1 1,
About her guardian and paramour, and whatever
is on the same subject. 12, About the proportion
who have to keep a wife to seek for offspring,
and the proportion who have to satisfy menstrual
excitement.

13. About adoption; likewise the varieties of it,
and fitness for it ; the violation of adoption, the sin
of the son who is accepted, and whatever is on the
same subject. 14. About the partnership of brothers
that has existed, is formed, or is designed ; its
abandonment (a-bftkhtlkth), the surplus property,
the wealth that becomes quite sacrificed (zafl?ak6),
aTid whatever is on the same subject. 15. About
property that comes to next of kin through relation-
ship, and that through adoption. 16. About the
residue that lapses into ways of righteousness.

1 7. About where and in whom, after the father, is

114 DiNKA^D, BOOK VIII.

the prerogative as to a daughter being given away to a husband.

Chapter XXXVII. HUspdram Nask.

1 . One section of the seven ^ at the end contains
particulars about the daily/^^^of a grown-up man,
a pregnant woman, her who is childless, and a child,
as provided by law ; also that of a shepherd's dog, a
village dog, and a blood-hound ; and the character-
istics of these three kinds of dog.

2. About the sign of a person s conversion to the
religion. 3. About association of several kinds, and
one of them is that of the keepers (paflfin) with the
flocks (ram4n), and the flocks in connection with the
keepers ; and of what kind is the meritoriousness of
the keepers of those flocks, as to guardianship of
every description ; the happy effects of the flock,
and those of the keeper, of every description ; the
advantage from this association, and whatever is on
the same subject. 4. One is the association of
priesdy instructor (raflfo) and pupiP, and their
meritoriousness together ; the fame of the priestly
instructor for priestly instruction, and that of the
disciple (h4vi^t6) for every kind of learning derived
from the priestly instructor, and every kind that the
priestly instructor imparts to the pupil; and the
happy effects of the priestly instructor, of every
kind, in similar matters. 5. One is the association

^ It is doubtful whether seven sections are meant, or whether we should read ' the seven Fargards at the end of one section/ See, however, Chap. XXXVI, i n. ■ Pahl. ra</iin6 (Av. ratunaya).

of ceremonial priests (ra^-pl^akdno), the worthiness
of a man for the sacerdotal leadership, supplies for
the whole of the ceremonial priests, and whatever is
on the same subject 6. About the highest of all
associations \ and about the lawful and virtuous
existence of this same association, when there are
two men in a case where he who is opulent is always
necessary for him who is in innocence, and has given
him the wealth that he asks for ; or where, when the
one shall commit sin, wealth is an affliction to the
other ; or the ownership, as to that which the one
obtains, is as much even that of the other ; or, on the
passing away of the one, it is mingled with the wealth
of the other ; and whatever is on the same subject

7. About the punishment of the sin of him for
whom one lies ^ to him by whom provision is made,
by thought or by word, and given to him who is
worthy. 8. About a father s making a child aware
of the sin at the time of the sin. 9. About the sin
of taking the course of a false guide and exalting
falsehood, and whatever is on the same subject.
10. The sin of extorting supplies for a beast of
burden from a lonely labouring person.

II. About important gifts to the worthy, atone-
ment for deprival of food (atapdd^6-vi^4rijnlh) ^
and disbursements (aiirAzdin) of that which is
legally, and also of that which is derived from what
is legally, property among impoverished (nyArflzd)
supplicants. 12. The depriver of food is he who is
for early atonement, and they who severally exist,

' That of disinterested and devoted friendship, as appears from the examples given.

' By falsely recommending him as a worthy object of charity. • See Chap. XVII, 6 n.

ii6 bInkard, book viil

through grazing ^ and bringing forth, are iAey who
severally are also in loss of vitality, through deprival
of the food of strength and intellect ; even a powerful
man is prostrated thereby ; tiie food which is suitable
as atonement for deprival of food, and that which is
not suitable.

13. About that through which the indispensable
creation 0/ a debt arises, and whatever is on the
same subject 14. Where t^ is the healing 0/ the
sick, the spiritual deii is unto the archangel Ashava-
hist 2, and that which is worldly unto the physician s
anteroom (dfilinakS).

15. About the worthiness o/sl good physician for
every benefit, and the un worthiness o/a, bad physician
for any benefit. 16. About each one of the plants
detng" produced by Afiharma-^^ for the subjugation of
one disease at least. 1 7. About the protectiveness
and preciousness of the profession of medicine ; the
advantage and reasoning thought of a physician due
to the carrying on of Ats medical practice ; the
pleasant food, the handsome clothing, and the swift
steed for a physician ; and Ais wealth detng- as much
as that of an average man in a house, village, com-
munity, or province. i8. About the diligently

* Reading ^arijno, but part of the first letter has been cut off by the repairer of the MS. The semi-starvation of cattle is being referred to,

* The personification of 'perfect righteousness' (Av. ashava- hi jta) whose special duty is stated to be the care of fire (see Sis. XV, 5, 12, 13), and whose name, often written Arda^dhist or Ar^- avahijt in Pahlavi, is applied to the second month and third day of the month in the Parsi year (see Chap. XX, 22). He is here con- nected with the healing of the sick, because of his association with

Airyaman, the smiter of diseases (see Vend. XXII, Yt. Ill, Sir. I, Ai| 3).

Chapter Xxxvii, 1 3-25. Ii7

remedial hand of the physician for the sick, oppor- tunely mindful, yet without chastisement

1 9. About the sin of a physician through handling
(sti^aklh) and having spread a disease by walking
up to the sick, because that is when he would have
been innocent through not having gone. 20. About
a great pestilence (s^^8), and that which is trivial.

21. About the fee^ of a physician for curing a
sick person of disease of the whole body, and of
each one of the members ; even of him who has
cured chieftains, both those of the lower grades and
him who is the supreme king of kings, and so also
various destitute people. 22. About the mode and
extent of delivering up fees to a physician, after the
declaration of the sick person being well ; that is,
from whom comes the physician's fee which is an-
nounced for the cure, and also that which is not
announced ; from whom that only which is announced
for it, from whom a meal (pish6n-l), and from
whom nothing whatever of worldly reward comes.

23. About the physician whom one hears* and asks
for medical treatment. 24. About a test as to the
competency of a physician ; that is, how it is to be
made, how it is when it is possible to test ity and
how it is when it is not possible to test it. 25.

* In Vend. VII, 36-44 (W.) we have some of the old Avesta laws regarding medical men and their fees. How far the Avesta text of this section of the Hiispiram Nask corresponded with that of the Vendid&d on the same subject it is impossible to determine, because we have always to recollect that this summary of the con- tents of the Nasks was compiled from their Pahlavi versions (see Chap. I, 3) which included extensive commentaries, adapting the original Avesta statements to the altered circumstances of Sasanian times.

• Or ' satisfies' (shn&y6</8).

ii8 d!nkaiu), book viii.

About the sin of a physician who is not tested, and
also of him whom it is not possible to test, when he
shall undertake the medical treatment of others,
andy as regards a limb of any one, there is not any-
thing which is another's test of him, nor even that
which is not another's test of him> nor that which is
a trial of him.

26. About how long is the duration of having
sought a physician in Ir&n whereafter it is allowable,
through not obtaining one, to seek him even from
foreigners. 27. The sin of having sought one from
foreigners, when one can obtain a physician in Irin.
28. About the fee for a foreign physician, and much
else on the same subject. 29. The medical treat-
ment of mankind, and also about the medical treat-
ment of beasts of burden and cattle.

30. About the sin owing to intrusting him who is
unfit for a duty. 31. About the greater suitability
of a priest than of 2. disciple for duty and position ; a
trusty person is also obtaining the important rather
than obtaining a desire for the important, and even so
far as being a potter rather than an astrologer, and
being careful rather than a potter ; and the reason
of it.

32. About preparing an unauthorised (a-das t6bar)
dwelling in the locality of other persons, and what-
ever is on the same subject 33. About boundaries
where there is a place of residence for people, and
whatever is on the same subject. 34. About what
description of testimony of one of the good religion
is received as evidence regarding an infidel, and of
an infidel as regards one of the good religion.

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