/ Intended for ceremonial purification.
Chapter Xxxviii, 3o-47. 12/
lawfully, and the beast being away from its control
unlawfully exercised, the other person intrudes law-
fully; and when \ioiki persons act unlawfully, or when
both act lawfully. 38. About lawfully tying, whereby
things are hung up ; and the sin when, through an
unlawfully-tied fastening, anything is injured, or
occasions injury. 39.. About unlawfully keeping
horses in a stable (&khAr), and the sin owing to the
unlawfulness. 40. And, as regards the cutting of
trees and shrubs^ where and how it is lawfully done^
and the harm and sin owing to not lawfully cutting.
41. About the mode of washing clothing, and the sin
owing to different modes. 42. About the mode
of walking in, and the sin owing to unusual
walking in. 43. About the custom of a man of
the sagacious (d&n^kvar^n) on passing through
water, and the harm and sin owing to acting
otherwise.
44. About the kinds of canals (n&t) ^ and fords,
from those for two men passing, up to those for
many ; the dimensions of those which are large, and
how much they are each separately sunk into the
ground, without collecting water, when the ground
is hard, and how much when it is soft. 45. The
extent of their outer ^ banks, and the inspection as
to the banks when the water is brackish, warm, and
flowing; how far when outside of the water, and
how far when in the water. 46. When it is brackish,
cold, a;^ flowing; or brackish, warm, and stagnant;
or sweet, warm, and flowing ; how far when in the
water, and how far when outside. 47. And, when
* For imgation.
* Reading vtr^nag, but the word is miswritten ntrang-f.
128 DfNKAiZD, BOOK VIII.
49. What are the mode and means of maintaining
the supervision of a canal ; which is that which one
should maintain over the water of the canal when
half is distributed, or^ when not, one-third ; and
which is that when one-third is distributed, or^
when not, one-fourth ; a supervision which is animate
or inanimate, and after those which are inanimate
means are provided ^y the former animate ones are
then at rest ; and the harm and sin when they shall
act otherwise. 50. And, as regards the same, what
is the mode ^passage of animals of various species,
by swimming across the water ; and the sin, owing
to acting otherwise, when harm occurs. 5 1 . About
the trampling down at a ford through water, when
one is newly completing it, and when the water is
brackish and flowing, when it is brackish and stag-
nant, when // is sweet and flowing, and when it is
sweet and stagnant ; the reason of passing through
on it, and such and such ways for proceeding at
^ In the shape of sluices for regulating the supply of water for irrigation.
Chapter Xxxviii, 48-59. 129
will thereon ; so, also, observation as to the water
which Aas remained behind for flowing, and the
harm and sin when one does not properly observe iV,
6ui walks on«
52. About two of the warriors who meet together
on the road, which 0/ them was busy about the pro-
tection of his horse, and which about the preparation
of food ; also the usage and other things in similar
matters. 53. The sin of having eaten food for
refreshment on the road, that is, how the custom is
a sin when they can act otherwise.
54. About the remedies for sheep and beasts of
burden which reinfuse fresh life ; and the extent of
keeping the sheep, goat, cow, mare, ass, pigS and
woman with the male. 55. About beasts of burden^
sheep (anflmifino), and women, for whom, on ac-
count of contraction of orifice, there is a use of means
for making it not painful (atAtako). 56. About the
extent of the distance of a male beast from the
female when it is necessary to be watchful. 57.
About the distance that a man has to remove an ox
that has destroyed some concealed hay (barkasag
giyah) which is the hay of others, when they quarrel
with him ; how it is when it is allowable to bring the
ox back to his home ; and whatever is on the same
subject.
58. About the security of a man from the death
(adsh) of his fathers, and danger having ^rxstVi for
him from a mouth ^bad omen. 59. About the sin
of a father owing to a child, when, being given by
him to an ill-behaved person 2, he calls it and^ when
^ Instead of khar va-khaziir&, the MS. has kh6r va-zak-i ra».
I30 d!nkaw), book viii.
it comes, there may occur the sin of unlawfully
terrifying sheep, ?ind the beast of burden is beaten ;
and whatever is on the same subject. 60. About
bringing^ a plant which is a medicinal herb, and
whatever is on the same subject.
61. About a sociable feast (ham-my4zd!h) with
idolators, that is, how it is when held authorisedly,
and how it is when it is not ; and^ when one gives
the sociable feast, how it is when they ure to be con-
sidered unhonoured, and how it is when they are to
be considered more honoured even than the Ir&nians.
62. And about the broken victuals which the idolators
have eaten and drunk therein.
63. About the proportion of meat with the bread
in atonement for deprival of food *. 64. About an
ordeal which is severe, and one which is not severe ;
and the evidence of acquittal from the achievement
thereof. 65. About the secrets of the religion, and
the sin owing to their being disclosed (gush ft ft 6).
66. About the sin of speaking evil words to the
wives of others. 67. About the extent of die most
inferior house, village, community, ^«^i? province ; and
that of the most superior. 68. And about what wa^
the mode of residence of Frashdjtar and (^imisp ^
in a plundering (l&l^kar) army, and their habits.
the copyist having mistaken ap for az^ and substituted the Zvfim equivalent min for the latter which he supposed was a separate word.
* Or * abstracting/
" See Chaps. XVII, 6, XXXVII, 11.
• Two brothers who were contemporaries of Zaratftjt Fra-
shdxtar was his father-in-ktw, and (rim&sp was prime minister of
king ViJt&sp.
Chapter Xxxviii, 60-Xxxix, 5. I31
Chapter XXXIX. SakddUm Nask.
I. One section is the /^a>^l^akinist4n (^ code of sequestrations'), particulars about a statement of seized property, the retention thereof, and how was the confinement of that which was animate ; how it is when one keeps it in a shepherd*s-dog s care, and how it is when in the sequestrator s care (^a>6l^/ak6- ddrfh). 2. And when it is a seized horse of the warriors, how to keep // when it is not possible to retain it in confinement ofzny kind, and the damage which has arisen therefrom ; what is the danger to occasion by it, how it is when the shelter {srS.y i^no) ^ is on all sides, and how it is when on one side ; while the tru$t, when there is shelter, is in the extent of the shelter, how much and ^what kind is the shelter. 3. When it is a seized beast of burden, after its coming into the possession of the sequestrator (^a^I- ^/ak-dir), for how long he hcLS to order work for the reasoning thought of the herdsman, and how is that of the sequestrator, in like manner, before he quite attains tcJ his share ; even through his own reasoning thought the work is authorisedly ordered, and how and in what manner is the ordering of his work. 4, And when the seized animal has offspring, in what mode he has to milk it, as well as the nourishment of the young, and whatever is on the same subject; also the sin owing to doing it unlawfully.
5. About the sequestrator when the beast of burden seized comes into his possession, how it is
* Av. thrl K 2
132 DtNKAUi), BOOK VIII.
when its special reputation is altered, and how it is
when it comes with utility and advantage for him.
6. About the seizer s keeping a sheep, which is seized,
in his flock; that is, how the custom is produced,
owing to its milk being for the sacred feast, and the
notification of the feasts is owing to the seized^
sheep ; when, too, it is not possible to keep // in the
flock, what is the mode of confining it ; and when it
is not possible to keep it in confinement, what he has
to do with it 7. About the wool of a sheep which
is seized ; that is, how it is when the shearing is
even before the various times specified, and the sin
of shearing when it is before the time specified, or
one shears when there is no reason for shearing. 8.
About the lambing (gurA^l^o) of th« sheep seized,
and the sin owing to its not lambing.
9. About sheltering (sru^an6)*the seized animal
in the most public place in a house, village, com-
munity, or province. 10. About the sin of the shep-
herd when, without saving it for the sequestrator,
and through the guilelessness of the sequestrator,
he shall carry away a female ; and the sin which is
owing to the offence as regards unlawfully beating
and wounding it, before it is seized for the buyers of
meat (khAr-kharS.n6), and other offences regarding
it. II. About the time appointed, between the
shepherd and the sequestrator, for leading and bring-
ing the female, belonging to the sequestrator, to the
place for which the time is appointed ; in the case
when the shepherd arrives and the sequestrator does
^ Instead of ^a^i</ak6, 'seized,' the MS. has the very similarly written word avi'zzkb, 'pure/
' Compare sr^yijno in § 2, and srft(/an in § ii.
Chapter Xxxix, 6-1 5, I33
not, how that which belongs to the sequestrator is to
come into the possession of the sequestrator, and
when ; when it is the sheep or beast of burden of a
sequestrator^, how it is to come into the possession of
that sequestrator ; when the sheep or beast of burden
which is seized dies in the possession of the seques-
trator, how and how long he has to shelter (srA^fan)
the young ones (gurA^) and wool of the same several
sheep ; and the sin when he does not shelter them^
or does it otherwise.
1 2. About a sheep * which is mingled among the
flock of any one that is in sequestration, how it is
when the shepherd, afid\iOVi it is when the shepherd s
dog, is its own ; and when it is mingled among any
flock owing to sequestration, how it is when the
shepherd, and how it is when the shepherd's dog,
[who is its own]* goes to another flock ; how it is
when the first flock-owner, and how it is when the
second, is its own. 13. About the killing of a seized
sheep by a shepherd's dog for necessary provisions ;
that is, how it is allowable, and in what mode it is
to be done.
14.' About him unto whom the sheep or beast of
burden which is seized is delivered when it comes
into a district ; and the sequestrator s informing the
governor of the district, in whose herd the sheep or
beast of burden which is seized remains, as to the
species, colour, and form of it*. 15. Watching over
^ Perhaps another sequestrator is meant.
' The first case seems to be that of an unseized sheep in a seized flock, and the second that of a seized sheep in an unseized flock.
^ The words in brackets are supplied by guess, to fill up a blank space left by the repairer of the MS. on one of his patches.
* Reading va-darand-f denman.
134 d!nkaj2i>, book vni.
a man with sheep, who is in a disabled state of ill-
ness owing to a wound received in his duty as regards
slaughtering ; the case when he is concealed from a
passer-by (amat nth&n min viflfir) and there is
protection, when he is an eater and there is no pro-
tection, when he is not eating and there is protec-
tion, and when he is not eating and there is no
protection.
1 6. About the distraction * of a sequestrator as
regards a sheep or beast of burden which is seized,
when it is one out of four varieties 2, and when one
out of three ; when he nourishes // for half a year,
and when for the duration of a year ; when that
which he obtains is a young one, and when that
which he obtains is large, where and what is a
shelter for it, and, as to the care of it, how it is
when in a grain vault (iigirako-l), andv^Yitn it is
under a tree ; how it is when i^i a damaged cellar
(varkhS-l-l kfl^takS), and how it is when in a cage
(pan^ar-1) which is not incomplete, but is broken,
or ts not incomplete and is sound, or is complete
and sound.
17- About treasure which they find in the sur-
roundings of a dwelling, and that which they fi^jd
within the limits of the dwelling of any one. 1 8. About
buried treasure when it is found by the side of a
