^ Supposing that madam stands for maman; the two words being sometimes confounded.
" Who allows the debtor a longer time for repayment.
' Literally ' bodily form.' The seizure of a slave of the debtor to work off the amount of the debt is evidently meant.
* Reading va-sfl>^ifn5 instead of the very similarly- written liikizxsno, ' explanation,' of the MS.
Chapter Xu, 27-34. 143
severally, to the end of the winter as regards the
cloak, and to the end of the summer as regards the
water-skin ; that is, for how much gain upon that
one cloak, or water-skin, is the retribution of the
confiscator to whom // is appertaining ^ ; and what-
ever IS on the same subject.
31. About the increase of grains, and that of
sheep with the progeny, milk, and wool that they
may severally produce. 32. About the confiscation of
clothes and implements by delivering them back to
him who specially reckons many as his own * ; that
is, how the produce (vakhsh) increases when he
orders their use imperfectly, how it does when he
does so not imperfectly, and how it does when he
keeps them in inactivity. 33. About the produce of
land on which grain is cast, and of that on which it
is not cast (va-zak-1 an-madam ramltunt6)',
when by delivery thereof it is self-exhausted.
34. And so also the produce of ornaments of gold
and silver, and of red-coloured things, with many
regulations on the same subject and what is con-
nected therewith.
^ This seems the more probable meaning if we are to understand that the confiscation has been actually carried out at an improper season; but, if we suppose that it is avoided on account of the season, it would be better to translate as follows : — *For how much gain upon that one cloak, or water-skin, is the confiscator, to whom it ts appertaining, to be compensated.'
' Possibly referring to the seizure of articles sold by a dealer, but not paid for/
• The form an of the negative prefix is here used because the Zvirir an-madam is replaced by the Pdz. an-az'ar in pronun- ciation.
144 dInkamd, book viil
Chapter XLIL Sakddiim Nask.
I. One section, the Varistin {^ordeal code')f
contains particulars of that which, when it becomes
manifest in any one, is indicative as to witchcraft ;
the bringing of remedies for the person who is ren-
dered sickly by a wizard ; the execution of the
wizard, what the religious rite is in the legal pro-
ceedings, and the case when there is a religious rite
in the legal proceedings. 2. About the case when,
for want of legal proceedings, he is executed without
the religious rite; and what it is when^ he dies
through his own destruction of some one.
3. About the accomplishment of an ordeal by
which, through the power of the spirit, there arises
a manifestation of acquittal or incrimination of those
maintaining inconsistencies as to witchcraft, de-
stroying a righteous man^ or other concealed insti-
gations of sin 2 ; the time of its performance, and the
place of hurtfulness of its continuance. 4, About
the place of accomplishment ; in what manner is the
selection (fragdr^ano), limitation, ^^^ preparation
of the abode in which the ordeal is performed ; that
which is to be carried forth to that abode, and that
of which the carrying thereto is to be avoided ; who
is to be admitted to that abode, afid who is not to
be admitted ; and that which, when it occurs there,
* We should probably read ' and about the case when/ supposing that ma man stands for madam, the reverse of what occurs in Chap. XLI, 28.
• That is, when there is no evidence of the crime beyond the suspicions, real or assumed, of the accusers.
Chapter Xlii, I-Xliii, 4. 1 45
is a disturbance of the work, they separate (van^end) therefrom.
5. About those belonging to the place of ordeal
(varistdnlkS-n) and other officials there, the rites
and customs therein, the ceremonial to be celebrated
in the abode, and the invocation of the sacred beings
for assistance. 6. What is the mode of performing
the hot and cold ordeal ; how is the leading forth of
the accomplishers thereto, and of what Avesta is
their uplifted recitation ; how is the accomplishment
of the hot and cold ordeal, and the manifestation of
the acquitted and incriminated thereby; and many
statements (g6kdn) on the same subject.
Chapter XLII I. Sak&dAnt Nask.
I. One section is miscellaneous: about having
sought an assistant who is brought, that is, in what
mode it is proper ; and the payment of an assistant
who is a member of the community (dfihm)\ and
also that of a foreigner (an -Air), in the same affair.
2. About how the coming of a man to confinement
and fettering is through his own wealth, and what-
ever is on the same subject. 3. About confession
through one, two, and three statements ; and what-
ever is about it. 4. About the contempt of a
disciple for a priestly master, which is an annoyance
to him ; the property belonging to the master, and
the squandering that occurs in it.
* The contradistiflction here indicated between ddhm and an- Atr is an important coniinnation of Geldner's definition of Av. dahma as * VoUbtirger oder Mitglieder' (see Studien ziun Avesta, 1882, p. 14).
146 d!nKAJU), book VIII.
5. The sin that is lis own penalty through 6eing^
liable to penalty, and the transgressor whose penalty
is owing thereto ; when they would unlawfully bring
a penalty upon one liable to penalty, or one thereby
inflicts a penalty upon him, of which one is aware
that Ae is not capable (pattikS); and the time which
one liable to penalty Aas for the payment of that
penalty of his is until Ats attaining to opulence,
when, after the appointment about the penalty, he
becomes capable of an . atonement 6. About the
accumulation (gan^lh) of sin through the expedients
of the wrathful (garmakAn), which are connected
with much destruction of the righteous. 7. About
the sin owing to which, among those that are wrath-
ful, Ae who Aas drunk from a well on a road, or
path, conceals the water for the sake of conceal-
ment.
8. About the sin of a judge who pronounces the
sinner io be in innocence, and the innocent to be in
some sinfulness. 9. About a judge acquainted with
the law^ for ten years, him who is for eleven, him
who is for twelve, him who is for thirteen, him who
is for fourteen, and him who is for fifteen ; that is,
their decisions, each separately, on several specially
prominent objects of acquaintance with the law, as
regards decision and judgment
10. About a daughter whose religious control,
during the life of her father, resides in her mother
for the joint life of the mother, but for * the author-
ised giving her away there is the father. 11. About
a daughter who is unprovided with a husband, and
^ See Chaps. XX, 74, XXII, 21. ' Reading rdt instead of li, 'not.'
who has no father and no mother, nor yet any of the
brothers of the departed parents, and it is not even
allowable to give herself away into guardianship by
a husband.
12. About property which is bequeathed by will
on passing away; that is, how it is when given,
and how it is when it does not exist. 13. About
the privilege of a father in giving property to his
children according to his wish, and a son who is
irreverent towards his father, so that * same of the
property of the father goes to the worthy mother ;
also when they would make irreverence towards the
father the imputed characteristic (bdkht nt^AnO),
where a decree about the property of the father is
decided upon ; and whatever is on the same subject,
as regards the extent of irreverence of the son
towards the father, and the sin of it.
14. About the sin of a son^ who is accepted,
when he recoils from that acceptance ; the accepter
of a living, or even a departed, father is so because
it is the will of the people, and also for the worldly
fame of a soul of the departed ; and the ceremonial
and obeisance are, moreover, for those of them
within their own dwelling, owing to letting forth
their generosity, and they shall provide them.
15. About the production and arising of even
that property which a liberal person has not seen,
if there be any one who ^ has not lived liberally.
^ As a^gh also means 'where,' it is rather uncertain whether the irreverence is supposed to be the cause, or the effect, of the special provision for the mother which afterwards becomes a source of litigation.
' An adopted son must be meant
' Supposing that min stands for mdn.
148 DiNKARD, BOOK VIIL
16. About the production and arising of something
of the property of a damsel, even when she gives it
by design only to him who is worthy.
17. About a damsel whom an idolator (dfeytyast)
carries off from her own master, and would give to a
Ma^^a-worshipper ; that is, how it is justifiable for
the Ma^^a-worshipper, Aavin£' had that damsel in
Ais possession, to seek a son by Aer, so long as the
guardianship o/the woman is with that man. 18.
About a mother 6eing- guardian over a living father,
owing to iAeir having a son. 19. About the proper
completion of a provision— that was for the decision
of the supreme judge, on various statements, and
was never otherwise — which is the provision of htm
who is a high-priest of the religion.
20. About the sin of a father through not satisfy-
ing the menstrual excitement of a daughter who has
attained the capability of having a son (berman
ra^lh) ; what it is when, through not satisfying tlie
menstrual excitement of the daughter, he is sinful ;
and how it is when the daughter herself is sinful ;
also the symptoms of attaining the capability of
having a son.
21. About where and which is that sin on the
committal of which inadvertently one attains to
deliverance thus, when it comes to his knowledge it
is through a determined renunciation it goes away
from its source ; also which is that committal inad-
vertently which does not occur through him who is
mtelligent. 22. About the four more heinous yi?r;»^
of demon-service (^6d4-ya^aklh), and the three
worst sins wherein they shall perform them ; the ten
^stences that are furtherances, and the nine that are
destroyers, ^/the world.
Chapter Xliii, 1 6-2 7. 1 49
23. About a true statement through which, when
one utters it, he is wicked and worthy of death. 24.
About driving the bestowable benefit of the spiritual
existence away from the world, when he who is
destroying a righteous man walks openly in the
world ; how one section of the spirit's earth is that
of a people ^ destroying the righteous man, and the
complaiftt of the spirits of fire, water, and plants,
owing thereto ; also how the bestowal of the allot-
ment of a leading man is upon his inferiors. 25.
About the three kinds of righteous men ; one that
is greater than water and earth, animals and plants,
one that is equal to them, and one that is less ; and
what is the arl^ngement of — as it were — the con-
joined formation of those who are somewhat outside
of the three kinds.
26. About the grievous hn^^trjudgment for carry-
ing forth dead matter to water, or to fire, with which
there is evidence ; and the heaviness of the spirit due
to dead matter in the water. 27. The good work
of him who brings the dead matter ^ of man or dog,
* Some neighbouring nation of unbelievers is probably meant, such as the Byzantines ; as we must always recollect that the com- piler is summarizing the contents of the Pahlavi commentary written in Sasanian times (see Chap. I, 3).
' See Chap. XXVII, 4. It appears from this section that the dead matter of an evil creature, such as a snake or frog, was con- sidered to pollute the water as much as that of a good creature. § 28, however, admits the expediency of killing noxious creatures in the water when it is impossible to take them out beforehand ; and this is in accordance with Vend. V, 35-38 (W.) which teaches that an apostate defiles no one when dead (any more than a dried-up frog that has been dead a year), because he defiles while living. This rule was evidently intended to remove all scruples as to killing such creatures, but it applies to them only when recently killed ; hence the necessity of removing them, from any place liable to
150 DiNKAiU), BOOK VIII.
or that of the serpent or frog, out of the water. 28.
About the destruction of the serpent and frog, and
other aquatic noxious creatures, in the water when it
is only thus possible, and carrying them out from it
when it is possible. 29. About the gratification of
the spirit of the world, and the vexation of the
demons, owing to the destruction of them.
30. Where and what are the tokens of the good ^
management and well-operating drinking-party (td^-
tlh) of a neighbour not of the same district (aham-
shatrd nazd). 31. About the sin of him who, after
joininga drinking-party from sunset (hCl-frishmdk-
di^6), pulverizes the road (r4h tekhnun^d?6),
keeps the door opened, and would unlawfully make
an uproar.
32. About Atiharma^flf having produced the
bodies and members of animals — through having
created the body of the sole-created ox with satisfac-
tion, as assistance for mankind — because they are
repeated for protection, and also for the ceremonial
for sacred beings specially declared. 33. About
the reason of making offerings (aAst6frf//6) to
the sacred beings, for the increase of power of the
allotters of destiny in the allotment of destiny ; the
connection of that acknowledgement (parfiri^nS)
and of the benefit and advantage of the recompense
thereof; the proper maintenance of that acknow-
ledgement, through the means and efficacy of the
spiritual XixiA^^-judgment of sin, and the fear of
worldly disaster and harm from not properly main-
taining the perpetual acknowledgement in force
