Translated by E. W. West, from Sacred Books of the East, Oxford University Press, 1897.
1. One section of the first thirty of the Husparum [1] is the Aerpatistan [2] ('priest code'), particulars about a case where one has to provide for a priestly assembly (aerpatistan), which is a birth; how the case is when it is important to go, how it is when one stays at his own house, and how it is when it is not allowable to go; also deciding about the chief priest (aerpatô), and the proportion of priests (âsrûkô) who are superior, of those who are intermediate, and of those who are inferior in the estimation of the wisdom of the righteous. 2. About the priest whom one is sending, and the wayfaring garments and appliances which are to be given to him.
3. About the disciple, as reverent towards the chief priest; the labor in receiving the sacred words and teaching them to the disciple; the advice of the chief priest to the priests; and the muttered phrases at the time of contamination by dead matter. 4. About what priest -- on the arrival of a priest back at the district from which one sends him -- is to be appointed, as priest for the district from which he came, by the district governor and those of the district, for teaching and instruction in the district.
5. About which are those reckoned as the five dispositions [3] of a priest that are the glorification of the priest's statements of the law, from the first of his statements in succession unto the last, and what-ever is on the same subject.
6. About the subjects regarding which a priest of concealed parentage is to be asked, with the prelude and sequel of the same subject. 7. About the bridge penalty [4] of a priest through sinfulness, in a separate fargard [5]. 8. About a priest they may carry away from a district, owing to anxiety for forming a priestly assembly, who becomes worried in forming it.
9. About the superiority of priests in means of knowledge, one as regards another; the extent of superiority through which the greater suitability for authority, of one as regards another [6], arises; and whatever is on the same subject.
NOTES:
[1] Corresponding to the seventeenth word, â, in the Ahunwar, according to B. P. Riv.; and it is the seventeenth Nask in an Rivayats. This name should probably be Avisp-kharam, meaning 'free from all defect;' but it is called Hûspârâm, Aspâram, or Aspârûm in the Rivayats, which also state that it contained sixty-four, or sixty, kardah or subdivisions. The former number agrees with the total of the sections mentioned in Chap. 28, 32, 36.
[2] A considerable portion of this section is still extant, combined with a larger portion of the next section the Nirangistan, whose name is applied to the whole text.
[3] See Bd. 19.36 n.
[4] See chap. 20.63.
[5] See Chap. 1.20.
[6] Reading sajâktarîh-i aêvakô min tanê pavan patîh, but there are only faint traces of the third, fourth, and fifth words, as the decayed folio of the manuscript has been patched, and the repairer forgot to record the missing words at the time he did missing work. His marginal note refers to a defect in the next line of the manuscript.
1. One section is the Nirangistân ('ritual code'), particulars about the ritual of the ceremonial of the sacred beings, that which is important and goes to the bridge of judgment [1] the exceeding meritoriousness owing to an ample number of Raspis [2] in the ceremonial; and, as to the Avesta, the Zot and Raspi are both for various phrases, those which are for the speaking of the one are for the hearing of the other. 2. About the sacred cake [3], and whatever is on the same subject. 3. About abstaining from the drinking of wines at the same time as the ceremonial. 4. About the quality (sâmân) of the voice in reciting the Avesta in a ceremonial, and the Avesta which is twice recited and thrice or four times recited. 5. About the ceremonial, and the conducting of that ceremonial whose zot, or raspi, is a tanapuhr sinner [4]. 6. About the zot duty of a woman [5] or child. 7. About a decision as regards him who is cursed by the Mazda-worshipping religion.
8. About the sin of him who does not solemnize a season-festival [6], and how the case is when it is solemnized by him. 9. About the limits of the five periods [[gahs]] [7] of the day and night, and the ceremonies of the same periods. 10. About the kinds of peculiarity of the things for the season-festivals and other good works produced authorizedly.
11. About the quantity of holy-water which is due to one sheep [8], the inspection and consideration in providing the sheep, the freedom from sickness due to contamination and other defects even in a lawful place, and the exemption from the appliances and attacks of noxious creatures; the ritual for making it [9], and deciding about the maker, producer, and carrier. the taster and the giver to him. 12. The reason of the slaughter, and whatever is on the same subject.
13. About the position and duty of the zot and raspis in the ceremonial. 14. About the perfect ceremonial, the gift to a righteous man who has become a teacher and examiner of the wisdom of the righteous, and whatever is on the same subjects.
15. About the sacred shirt [[sudre]] and thread-girdle [[kusti]], that is, from what it is proper to make them, and whatever is on the same subjects. 16. About gathering and tying the sacred twigs, and on the same subject. 17. About the proportion of firewood in various parts of the ceremonial, and the mode of bringing it forward; that for the household fire, and the priestly fire of Bahiram (Warharan).
18. About a ceremonial amid great opulence, that which is amid medium opulence, that which is amid little opulence, and a decision as regards want of opulence. 19. About always celebrating the ceremonies of the sacred beings for that which has occurred, and not neglecting them in any way. 20. About the cases where mankind observantly, and also unobservantly, celebrate the ceremonies of the sacred beings; that is, which is he who observantly and he who unobservantly does so; with advice about observantly celebrating the ceremonies of the sacred beings.
21. About the cleanliness of the body and clothing of the celebrator of the ceremony, the assurance of his mind from sin, the ablution of the apparatus of the place of the exalted (vulandânîh), the cleanliness of the place of the ceremonial) the distance therefrom for any degree of manifest pollution and stench, and whatever is on the same subject.
22. About the ceremonial of the waters and their creatures, the vigor [10] of healthfulness, the possession of the brilliancy of heaven, the bountifulness of the spirit of the waters, and whatever is on the same subject. 23. About the celebration of a ceremonial, which is an ordinance of duties for the sake of a happy state of gladness (khûp parkânîh) and happy consequences; and also many other statements on the same subject. 24. About the ceremonial as proper and improper, beneficial and not beneficial.
25. About the families of Zartosht, Hvov [11], and Vishtasp, as regards the account (aûshmûrishnô) and ceremonial of the religion and their nature.
NOTES:
[1] The Chinwad bridge, at which the departed soul is believed to give a full account of its actions during life (see Chap. 14.8).
[2] See Chap. 7.5.
[3] The dron, or sacred cake, is a small pancake which is consecrated in the ceremonies, and dedicated to some particular spirit by means of a shnuman, or propitiatory dedication (see Sls. 3.32). It is tasted by the priests and by the participators in certain ceremonies (see Haug's Essays, pp. 396, 404, 408).
[4] See Chap. 20.65.
[5] See Sls 10.35.
[6] See Chap. 7.1.
[7] The periods, or watches, are from dawn till noon, noon till 3 P.M., 3 P.M. till dusk, dusk till midnight, and midnight till dawn.
[8] When slaughtered to provide the necessary meat-offerings (See Sls. 11.4-6).
[9] The holy-water apparently.
[10] Or it may be 'holy-water.'
[11] An ancestor of several persons mentioned in the Avesta, including the two brothers, Jamasp the prime minister of king Vishtasp, and Frashostar the father-in-law of Zartosht.
1. One section is the Gôharîkistân ('quality code'), particulars about natural superiority; not the modified (gashtakô), but the lawful, approved [1], and specific state of superiority; not acquired by the slender power [2] of the world, but by seeking virtuous living through causing the prosperity of every person; also the authorization of superiority, and the proportion of advantage therein. 2. About a superiority unimpoverished (anyûrûzd), with one unimpoverished with a nature unspent (an-aûrûzd), with one unspent with an impoverished (nyûrûzd), and one impoverished with an impoverished; also the extent of impoverishment and non-impoverishment, that is, with whom it is not customarily of much consequence (pavan freh-ar'jô), with whom it is so customarily, and with whom, owing to an exception, it is not customarily of much consequence on account of its much consequence for an uninformed person, that is, with whom it is as it were proper with a servant of sin. 3. And superiority is a furtherance of living beings, and pervades the natural extent thereof.
4. About him who would sell property not his own, and him who would buy it. 5. About selling a sheep frequenting the house, and one not frequenting the house. 6. About various precautions as to samples of various things. 7. About selling beasts of burden, cattle, slaves, servants, and other property, of the nature of whose species one is aware through speaking about the nature of different species ; and the retribution for the sin of whatever is on the same subject. 8. That which is an obvious agreement for selling with defects [3], when it is declared of beasts of burden; and that which is ever defective on selling.
9. About a house in which a person, or dog, has passed away through contagious sickness, and the clothing which the man wore owing to that sickness; that is, how it is when spoiled for selling for three years, how it is when it is so for two years, and how it is when it is so for one year. 10. About a house in which a person, or dog, has reposed in a contagious sickness, and not passed away after his descent therefrom; and the clothing which the man wore in that sickness; that is, how it is when spoiled for selling for two years, how it is when it is so for one year, and how it is when it is so for thirty nights; and whatever is on the same subject.
11. About forming a family (gôharîk kardanô) with foreigners, that is, how it is when allowable. 12. About a sheep of good breed for the three nights [4], and its slaughter after the three nights; likewise many other decisions as regards superiority and sheep of a good breed.
NOTES:
[1] Assuming that pashandak stands for pasandak; otherwise, we may read pishonîk, 'provided.'
[2] Reading tang-kayîh, but it may be tund-karîh, 'the severe labor.'
[3] That is, without a warranty.
[4] The three nights after death; the sheep is to be slaughtered on the fourth day, including the day of death (see Sls. 17.2-5).
1. A miscellaneous section is about taking anything which is not one's own at the lime when he does not think that they see him and they do see him, at the time when he thinks that they see him and they do not see him, and at the time when he thinks that they see him and they do see him. 2. About giving righteous instruction, that is, what happens, and how, at the time when the follower [1] asks again. 3. About the sin of imprisoning the needy, exalting falsehood, and approving deceit.
4. About the action and command which diminish, or alter, a liberal gift to any one. 5. About the limit of the open-handedness of a wife who should be privileged, and who is reverent towards her husband, out of anything that has not reached the husband; how it is when the husband is foolish, how it is when it is legally, how when derived from what is legally property, and how about that which is unspent savings (anyûrûzd chabun); also the limit of the reverence of a wife for a husband, and whatever is the same subject.
6. About causing the conveyance of a maiden from the house of her fathers, or guardians, to the village of her husband, to hold the position of house-mistress of the husband; of the wife when she becomes reverent and propitiatory towards him, and admonishing her when she speaks thus: 'I am thy wife, but I will not perform a wife's duties for thee;' also the quarreling of a husband with his wife, and carrying it on to the bridge of judgment.
7. About the blood on a woman who wants washing, and the bridge penalty upon him who has sexual intercourse with a woman who wants washing, with her who is a foreigner, or any other of those not authorizedly for intercourse; the confusion of germs by the woman who grants intercourse to foreigners, and other sin which they may commit about like matters. 8. About a wife claimed from foreigners; that is, how it is when allowable,
9. About the preparation of a wife for the control of a son, the period for it and for suckling, and the wish for a son which is present with a husband. 10. About the sin of a man owing to rejecting the controlling of his son by a sister or grown-up daughter. 11. About three things through which mankind become sinful and injuring their own property, and the possession of them is not to be taken away. 12. About those who may not inflict lawful chastisement with oppressive demeanor.
13. About that which a man is to be made to provide in feasting and gifts, for his store of good works, on his wife bringing forth. 14. How it is when he is a man of wisdom, and how it is when he is a disciple; how it is when it is a male birth, and how it is when it is a female. 15. The advantage and benefit therefrom; the religious announcement of a name for the newborn, should it be a male, or should it be a female; the good work owing to the decision of a religious appointment of a name for the progeny, [and the sin] [2] owing to giving again to it a name of the idolaters (dêvîyastân).
16. About the ritual and usage in admitting the male to a sheep, owing to which the male is a gratifier of the impregnated female nature, and a protection of the female nature; and the want of training and freedom from defect of the progeny; a proper condition of the flock, too, arises likewise through worshipping the sacred beings and providing the sacred feast; also about the shepherd's dog and the blessing for him. 17. About the regard of the shepherd for the breeding of the sheep. 18. About the work of the ceremonial and of providing the sacred feast, and the advantage for the sheep from the same cause. 19. About the Mazda-worshipping district-breeding of the does in a district, through providing careful nurture for the dogs, which is a good work owing to the same cause.
20. About the object of payment for teaching the Zot duty, for the guardianship of the fire, for the publication and watching of worship, and for other labor, and whatever is on the same subject.
21. About the lawful guardianship of a child, the child who is lamp-light and the father who is the fire, and whatever is on the same subject. 22. bout sickness owing to the look of an evil eye, or the vicinity of a menstruous woman, because those with an evil eye, or menstruous, are thereby harmful. 23.. About what is the kind of watching for the admitters of fear; the fearful and whatever is on the same subject. 24. And that in case of descending from a house on the outside.
25. About lawful arrangements for supplies, in union and assistance one towards the other; about payment for the labor in the lawful arrangement; and whatever is on the same subject. 26. About the produce of property for the multitude, and that also for one's own association; that is, how it is when taking it authorizedly, and how it is when not doing so; and whatever is on the same subject.
27. The special generosity of judges in conveying property back to its owners; the advantage from just judges, and the harm from unjust sentencing and false decisions. 28. So, also, the advantage from truly demanding, truly answering, and assisting the just; the enmity and harm from falsely demanding, falsely investigating, and assisting a false demander and false investigation; but not the enmity and secret harm of a complaint of the wretched. 29. Advice to judges about just decision and abstinence from false decision; and, secondly, the reward of their just decision, and the awful bridge judgment of false decision; the accountability in the spiritual existence in the case of judges, the praise of truth are contempt of falsity, the gratification of the sacred beings and vexation of the demons from just judgment and turning away from false decision, and whatever is on the same subject.
30. About what place the appointment by Ohrmazd in the original creation brought the corn to [3], which arrived for use in the nourishment and assistance of mankind and animals; the sowing of corn from the bodies of Mashye and Mashyane [4]; and whatever is on the same subject. 31.. About the labor in sowing and cultivating corn, and whatever is in the business of agriculturists; perseverance in agriculture, and the limit of its allotment, owing to suitable participation and inevitable participation in agriculture; whatever is about the shepherd and whatever is about the agriculturist, and the adjudication between them. 32. About the corn which is sown, that which is reaped, that which is for an increase (pavan nad-aê), and that which is for other things.
33. About the excitement of anyone, owing to his blood. 34. About those kinds of ownership of land and other things that are best. 35. About him who sees some one conducting water for cultivation, when the person unauthorizedly sows the land of the observer who does not dispute about it with fearlessness and effectual resistance. 36. About the selling of supplies granted, which may be done in hunger, nakedness, and fear; and whatever is on the same subject.
37. About the supremacy of sin, both that which arises on the spot, and that at a distance (pavan hasar); and whatever is on the same subject. 38. About the atonability of every sin, and the bridge judgment for destroying a righteous man, for witchcraft, and for carrying evil (agîh) to fire and water. 39. About atonement for the sin of Yat, Bazai, Khor, Aredush, Avoirisht, Agerept [5], and giving no food, through giving of scars (pisanj-das) [6], labor, and punishment; the kinds of horsewhip and scourge, and how the penitential effect of both arises. 40. When a sinner dies outright on account of the penalty of giving of scars, or the performance of the labor, or the exertion of effecting the penance of punishment, and when a man has died penitent, but incapable of a desire [7] for the retribution of sin, and has not atoned in the worldly existence, what the nature of his soul's helplessness is, owing to sin. 41. About those for whom there is no retribution for sin.
42. About what is the kind of contest of a poor 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 repayment of the property. 43. About being delivered into distress and disaster [8], and the decision thereon. 44. About the oppressiveness of the much pollution of greediness (âzô) which is owing to all its fiendishness, and the arrangement of the creator about it for restraining the same fiend [9] 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 it nurturable.
NOTES:
[1] See Chap. 22.6 n.
[2] Here, again, the repairer of the manuscript has forgotten to note the words in brackets which he had cut out of the folio before patching it.
[3] According to Bd. 10.1, 14.1, 27.2, fifty-five species of grain sprang up originally where the primeval ox passed away; a statement which does not agree with that hinted at in this section.
[4] See Chap. 13.1.
[5] These six names are applied to the various grades of assault and wounding, for which a special scale of punishment is appointed (see Sls. 1.1, 2, 11.1, 2, 16.1, 5). Here the list begins at the most heinous end of the scale, and the last three names, which refer to the lightest offenses, have been already explained in Chaps. 19.1 n, 20.64 n. The first three names are explained in Farh. Oim, pp. 36, l. 7-37, l. 2, as follows: ' For whatever reaches the source of life the name is Khor; one explains Bazai as "smiting," and Yat as "going to," though it be possible for the soul of man to be withstanding; and a counterstroke is the penalty for a Yat when it has been so much away from the abode or life.' These six gradations of crime, therefore, range from the infliction of the nearest possible approximation to a fatal 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 offenses there is much difference of statement. In the old law of the Vendidad there are seven gradations of such crime, the lowest four corresponding in name with the lowest four here, and all punishable by lashes, with a horsewhip, or scourge, varying from five to two hundred in number, according to the heinousness of the offense and the number of times it has been committed.
[6] By scourging, as prescribed in the Vendidad.
[7] Owing to sickness, or any other disabling cause.
[8] Paz. vôighn.
[9] The fiend of greediness, Az.
1. One section of the 'next twenty contains particulars about the rite of an ordeal accomplished, also the modes of one's preservation or incrimination therein, and whatever is on the same subject.
1. One section is about the mode and object of confinement as regards a beast of burden, sheep, and dog that are mad (dêvânakô), and the operation of the affliction (vakhsishnô); also to what extent is their restoration; and when not restored, but come for slaughter, the care of them even in confinement, and whatever is on the same subject. 2. About the harm (vinâs) which the beast of burden, sheep, and dog shall commit. 3. About the sin which killed one who is no offender [1]. 4. About the care and remedy for a sick dog, and whatever is on the same subject.
NOTES:
[1] Whether the sick animal, or a man attacked by it, is uncertain.
1. One section is miscellaneous: about the object of amassing property lawfully produced, or derived from (frôdô mm) what is legally property; the production authorizedly of what is derived from that which is legally property, and the production unauthorizedly 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 possessions given, and 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 sinfulness 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 exhausted.
8. About a foreigner when an Iranian asks him for a reward for assistance in battle with his fellow-tribesmen, and the foreigner does not become generous, though the recompense is for the generosity of the Iranians.
9. About the offering up (madam dahishnô) of water; that which is an appointed indicator (numûdâr), 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 (ûzhdahînâk), in like manner, of something of the things of a righteous gift, through the moistened peculiarity and distinction 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 (tôkhmakô-1), 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 whatever is on the same subject.
10. About the five best and five worst actions, the seven [2] heinous sins, and the three sins that are very ill-atoned for. 11. About the sin of staining with bodily refuse, injuring the existence [3], and of a 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 justifiability of clothing, arms, equipments, and other things being given to foreigners, besides promoting their service and business, and giving them any assistance whatever, or listening to that which relates to assistance; likewise listening to drunkards. 14. About unlawfully destroying and cutting plants, truth a decision about it.
15. About the sin of digging a grave [4] for burying a corpse, whether of the idolaters (dêvîyastân) or non-idolaters, and of supplying clothing for the corpse of a dead one of the idolaters. 16. About him who threw bodily refuse [5] on to fire or water, or any place or garment on which it is not authorizedly cast, to make Mazda-worshippers polluted; and whatever is on the same subject.
17. An account of water as regards the description and extent of moisture of the land. 18. About the sin owing to rendering anything useless through water or fire. 19. 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 mankind, one as regards the other, and through their perfect sympathy together.
NOTES:
[1] The Pahl. text is pavan mamanîh va-kadâmîh-i namîdô. Possibly namîdô, 'moistened,' may stand for numûdô, 'indicated;' but the whole sentence is more or less obscure.
[2] 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. 72.2-9.
[3] Pahl. bâîôdôk-zêdô, see Chap. 19.1 n.
[4] Assuming that gôbar khechîrûntanô stands for gôbar (Pers. gôr) khefrûntanô.
[5] See Chap. 19.3.
1. One section contains particulars about the science (dânishnô) of seeking a son, advice about it from revelation (dênô), the advantage of offspring for the admonitory explanation of revelation within one's 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 arising 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 of occurrence; 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 [1] 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 form of the body. 6. The effect upon the offspring which is furnished with subjection to the male, so far as the complete effecting of it is within the limit for its authorization [2]; the time (vidanâânag [3]) 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 (tanûgân); and which is the first bone become possessed of marrow, apart from the other bones; as it is reported. 8. About the admissibility of the elaboration of 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 (dâigânîh), except that relating to the navel string of the child; also its first and second food, and when the midwifery 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, cow, and woman; and whatever is on the same subject. 11. About the spiritual perception of a newborn 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 vigor 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 affliction 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 Az-i Dahâk [4] [[Zohak]] in oppression, as the serpent Srôbar [5] in witchcraft, as Tur-i Bradrok-resh [6], the karb [7], in destroying the 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 offspring from intercourse with divers males, and whatever is on the same subject.
15. About the increasing vigor of the female from the mounting of the male, and the diminished vigor of the male from mounting on to the female.
NOTES:
[1] Assuming that gêsî-hastanô stands for gâsî-hastanô in all three occurrences of the word. This is rather doubtful, because the noun gâs, 'position,' occurs twice in close connection with the uncertain word, and is correctly spelt.
[2] The Pahl. text is as follows: 'Kâr-î madam zâkô levatman dên kushn spar, vad spôr kârîh zyash dên sâmân padash radakîh.'
[3] This unusual hybrid word is evidently intended as a Zvârish equivalent of the Iranian zamânah, and is composed of vidanâ (= Ch. ..., which is the usual Zvârish for zamân) + ânag (= ânah, the final syllables of zamânah). The central syllable of zamânah is, therefore, twice represented in the Zvârish vidanâânag. The hybrid occurs again, in Bk. 9, Chap. 17.3, 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-dô-ahûg, 'and the dual existence,' with some degree of probability.
[4] See Chap. 13.8 n, and compare the account of the seven special evil-doers in Dd. 72.3-9.
[5] The Av. azi syvara of Y. 9.11 (W), Yt. 19.40; a terrible serpent slain by Kersasp the Saman, as mentioned again in Bk. 9, Chap. 15.2.
[6] Also written Brâdrôk-rêsh; he was one of the Turanian priesthood who persecuted Zartosht in his youth, and probably the same as Pers. Bartarush (the Bradar-vakhsh of Sd. 9.5) who is said to have killed Zartosht in the end. But, as he was one of five brothers, three of whose names were much alike (see Byt. 2.3 n), his identification is rather uncertain.
[7] Av. karapan. In Dk. Book 7 the karbs are often mentioned as enemies of Zartosht, both before and after his birth. Some are named, such as Durasrob, Bradrok-resh, Vaedvoisht, and Jeshmak. The Karap of the district where the mother of Zartosht was born banishes her for witchcraft, and must, therefore, have been the official head of the district. Durasrob, the karb, travels sometimes with a disciple (havisht), so his title was probably a priestly one. The karb is also often mentioned with the Kay, or Kik (Av. kavan or kavi), the title of an equally obnoxious class; both Kiks and karbs being termed 'demon worshippers,' or idolaters; and the Pahlavi translators of the Avesta speak of them, rnetaphorically, as 'blind and deaf' to the sacred beings.
1. Six [1] fargards of one section of the last fourteen contains particulars about the enumeration of species of ownership, their precedence one over the other, and their good report in conducting legal proceedings. 2. About property that is brought up to the judges, which, owing to an accuser, becomes a source of 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 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 (vindishnô) of fellow-combatants and fellow-subordinates, with a statement about them. 6. About the coming of land, property, or anything, held by foreigners, into the princely possession of one from Iran.
7. About the guardianship of a family (dûdakô); 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 (vindishnô) of wife and child.
10. About the trouble of the business of obtaining (vindishnô) a wife, and also her marriage, owing to the urgency of the husband, after the trouble. 11. 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-bûkhtîkîh), the surplus property, the wealth that becomes quite sacrificed (zadakô), and whatever is on the same subject. 15. About property that comes to next of kin through relationship, and that through adoption. 16. About the residue that lapses into ways of righteousness.
17. About where and in whom, after the father, is the prerogative as to a daughter being given away to a husband.
NOTES:
[1] These are called 'five fargards' in Dd. 61.3 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.
1. One section of the seven [1] at the end contains particulars about the daily food 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 characteristics 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 (padân) with the flocks (ramân), 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 priestly instructor (radô) and pupil [2], and their meritoriousness together; the fame of the priestly instructor for priestly instruction, and that of the disciple (hâvishtô) 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 of ceremonial priests (rad-pîshakânô), 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 [3], 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 [4] 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 laboring person.
11. About important gifts to the worthy, atonement for deprival of food (atapdâdô-vijârishnîh) [5], and disbursements (aûrûzdân) of that which is legally, and also of that which is derived from what is legally, property among impoverished (nyûrûzd) supplicants. 12. The depriver of food is he who is for early atonement, and they who severally exist, through grazing [6] and bringing forth, are they who severally are also in loss of vitality, through deprival of the food of strength and intellect; even a powerful man is prostrated thereby; the food which is suitable as atonement for deprival of food, and that which is not suitable.
13. About that through which the indispensable creation of a debt arises, and whatever is on the same subject. 14. Where it is the healing of the sick, the spiritual debt is unto the archangel Ardwahisht [7], and that which is worldly unto the physician's anteroom (dâlânakô).
15. About the worthiness of a good physician for every benefit, and the unworthiness of a bad physician for any benefit. 16. About each one of the plants being produced by Ohrmazd for the subjugation of one disease at least. 17. About the protectiveness and preciousness of the profession of medicine; the advantage and reasoning thought of a physician due to the carrying on of his medical practice; the pleasant food, the handsome clothing and the swift steed for a physician; and his wealth being as much as that of an average man in a house, village, community, or province. 18. About the diligently remedial hand of the physician for the sick opportunely mindful yet without chastisement.
19. About the sin of a physician through handling (sûdakîh) 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 (sêjô), and that which is trivial.
21. About the fee [8] 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 announced for the cure, and also that which is not announced; from whom that only which is announced for it, from whom a meal (pishôn-l), and from whom nothing whatever of worldly reward comes.
23. About the physician whom one hears [9] 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 it, and how it is when it is not possible to test it. 25. 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, and, as regards a limb of any one, there is not anything 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 Iran 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 Iran. 28. About the fee for a foreign physician, and much else on the same subject. 29. The medical treatment of mankind, and also about the medical treatment of beasts of burden and cattle.
30. About the sin owing to entrusting him who is unfit for a duty. 31. About the greater suitability of a priest than of a 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 unauthorized (a-dastôbar) dwelling in the locality of other persons, and whatever 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.
35. About the greatness of eminence of the abode of priestly authorities (radânô), both for procedure and for petitions [10]: the openness of the doors of a priestly authority; the want of eminence of any one through every kind of offense to others, which is owing to his closed doors and evil eminence in every mode; and whatever is on the same subject. 36. About the extent of splendor (lîyânô) and pomp-diffusing (vafsh-afgânô) tokens from the abode of fires, and the arrangement as regards him who casts the allotted twigs and charcoal (khâr akhgar) into them. 37. About conveying prosperity (padîkhûîh) [11] to the abode of fires appropriately to the capability of everyone.
38. About the quality (sâmân) of water oozing out (aîrîdô) and that which is flowing in a channel (nâêv-tâk). 39. About the characteristics of specified works which are contiguous in a place between two frontiers (mar'zô).
40. About a decision as to a sheep free from unlawful influence -- and so also as to one under unlawful influence -- which goes to the pasture of others with thievish intention, neglecting its own; and as to that which does so not with thievish intention. 41. About the quantity which one has to provide, in the duration of a day and night, on admitting to pasture and corn, in the case of an ox without defect (anâgânô); or of another kind, or a horse, or a sheep, or a goat, or a pig, or an animal of any other kind.
42. About the distance of a residence of mankind from a river flowing in a channel. 43. About the period for letting a sheep graze at pleasure in a pasture, and that for restraining it; the time for not cutting trees, and that for little slaughter of sheep. 44. About an article of clothing which is associated with defense, for fear of enemies, and becomes quite a good omen (sukûn) among mankind, being imperceptible and appropriate. 45. About a tree with stem uprooted, where and how it is allowable.
46. About a leader's causing a march of whatever kind, the people being in motion through fear, and they drive the sheep which are with the army on account of molestation; also making the sheep decide as to the pasture near to the road within reach, the pasturing of the first of the species of sheep, and letting them forth to pasture in succession unto the last, and the reason of it.
47. About a person who is of note [12] on account of wealth, and whatever is on the same subject. 48. About this intermixture of with-the-stream and against-the-stream, with banks and without banks, and waters running and down-pouring (nîyâpân), on the road; that is, which of the waters, running or down-pouring, is to be earlier reverenced by him who is returning from the road, and the reason of it. 49. About the subordination of the disciple unto the priest, as to eating, drinking, and plenty, goodness and preciousness; and whatever is on the same subject.
50. About that which occurs when foreigners come to the frontier of Iran, and shall do damage to Iran; and the frontier governors and fellow-champions have to repel the foreigners by fighting, to save the Iranian people and property which were to be made foreign; and whatever is on the same subject.
51. About the advantage of punishing a violent thief by the members of the assembly, that owing to reliance upon the actions and convictions of the ancients, that owing to forming many priestly assemblies, that owing to providing a disciple for a priest, that through passing away after being high-priest, that through doing so without being high-priest, and that of much information on similar statements prior to any other resources.
52. Perfect is the excellence of righteousness.
NOTES:
[1] 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. 36.1 n.
[2] Pahl. radûnê (Av. ratunaya).
[3] That of disinterested and devoted friendship, as appears from the examples given.
[4] By falsely recommending him as a worthy object of charity.
[5] See Book 17.6 n.
[6] Reading charishnô, 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.
[7] The personification of 'perfect righteousness' (Av. Asha Vahishta) whose special duty is stated to be the care of fire (see Sls. 15.5, 12, 13), and whose name, often written Ardavahisht or Ardvahist in Pahlavi, is applied to the second month and third day of the month in the Parsi year (see Chap. 20.22). He is here connected with the healing of the sick, because of his association with Airyaman, the smiter of diseases (see Vend. 22, Yt. 3, S. 1.3, 2.3).
[8] In Vd. 7.36-44 (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 Husparum Nask corresponded with that of the Vendidad on the same subject it is impossible to determine, because we have always to recollect that this summary of the contents of the Nasks was compiled from their Pahlavi versions (see Chap. 1.3) which included extensive commentaries, adapting the original Avesta statements to the altered circumstances of Sasanian times.
[9] Or 'satisfies' (shnâyêdô).
[10] These six words should, perhaps, be appended to the next clause of the sentence.
[11] By providing fuel and other necessaries.
[12] Reading mûn sakhûnag. Another guess would be min nîshôn-î (for nîshân-î), in which case the translation would be 'a person free from indications relating to wealth.'
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