28, 29 (91-95). ‘He who does not till the earth, O Spitama Zarathu-stra! with the left arm and the right, with the right arm and the left, unto him thus says the Earth: “ O thou man! who dost not till me with the left arm and the right, with the right arm and the left, ever shalt thou stand at the door of the stranger, among those who beg for bread; ever shalt thou wait there for the refuse that is brought unto thee 3, brought by those who have profusion of wealth.”’
30 (96). O Maker of the material world, thou Holy One! What is the food that fills the law of Mazda4?
Ahura Mazda answered: ‘ It is sowing corn again and again, O Spitama Zarathurtra!
31 (99). ‘He who sows corn, sows holiness: he 1 From the Vendidad Sadah.
4 Or ‘ bearing corn first for thee.’ ‘ When something good grows up, it will grow up for thee first ’ (Comm.)
3 ‘They take for themselves what is good and send to thee what is bad’ (Comm.)
* Literally, ‘ What is the stomach of the law?’
makes the law of Mazda grow higher and higher: he makes the law of Mazda as fat as he can with a hundred acts of adoration, a thousand oblations, ten thousand sacrifices \ 32 (105). ‘When barley is coming forth, the Daevas start up1 2; when the corn is growing rank 3> then faint the Daevas’ hearts; when the corn is being ground 4, the Dafivas groan; when wheat is coming forth, the Daevas are destroyed. In that house they can no longer stay, from that house they are beaten away, wherein wheat is thus coming forth \ It is as though red hot iron were turned about in their throats, when there is plenty of corn.
33 (1 1 1). ‘ Then let (the priest) teach people this holy saying: “No one who does not eat, has strength to do works of holiness, strength to do works of husbandry, strength to beget children. By eating every material creature lives, by not eating 34(116). O Maker of the material world, thou Holy One! Who is the fifth that rejoices the Earth with greatest joy?
1 The translation ‘acts of adoration’ and ‘oblations’ is doubtful: the words in the text are <hrn£ \ey6/i(va, which arc traditionally translated ‘ feet’ and ‘ breasts.’ The Commentary has as follows: ‘ He makes the law of Mazda as fat as a child could be made by means of a hundred feet, that is to say, of fifty servants walking to rock him; of a thousand breasts, that is, of five hundred nurses; of ten thousand sacrifices performed for his weal.’
8 John Barleycorn got up again, And sore surpris’d them all.
8 Doubtful; possibly, * When sudhus (a sort of grain) is coming forth.’
4 Doubtful; possibly, ‘When pirtra (a sort of grain) is coming forth.’
8 Doubtful.
* See Farg. IV, 47.
Ahura Mazda answered: ‘ [It is he who tilling the earth, O Spitama Zarathustra! kindly and piously gives1 to one of the faithful.]
35 (118). ‘ He who tilling the -earth, 0 Spitama Zarathuitra! would not kindly and piously give to one of the faithful, he shall fall down into the darkness of Spewta Armaiti 2, down into the world of woe, the dismal realm, down into the house of hell.’
IV.
36 (122). O Maker of the material world, thou Holy One! If a man shall bury in the earth either the corpse of a dog or the corpse of a man, and if he shall not disinter it within half a year, what is the penalty that he shall pay?
Ahura Mazda answered: ‘ Five hundred stripes with the Aspahe-astra 3, five hundred stripes with the Sraosh6-/£’arana.'
37 (126). O Maker of the material world, thou Holy One! If a man shall bury in the earth either the corpse of a dog or the corpse of a man, and if he shall not disinter it within a year, what is the penalty that he shall pay?
Ahura Mazda answered: ‘ A thousand stripes with the Aspahe-astra, a thousand stripes with the Sraosho-^arana.’
38 (130). O Maker of the material world, thou Holy One! If a man shall bury in the earth either the corpse of a dog or the corpse of a man, and if he shall not disinter it within the second year, what 1 The Asho-d&d or alms. The bracketed clause is from the Vendid&d S&dah.
* The earth.
is the penalty for it? What is the atonement for it? What is the cleansing from it?
39(135). Ahura Mazda answered: ‘For that deed there is nothing that can pay, nothing that can atone, nothing that can cleanse from it; it" is a trespass for which there is no atonement, for ever and ever.’
‘ It is so, if the sinner be a professor of the law of Mazda, or one who has been taught in it 1. But if he be not a professor of the law of Mazda, nor one who has been taught in it 2 3, then this law of Mazda takes his sin from him, if he confesses it 2 and resolves never to commit again such forbidden deeds.
41 (142). ‘The law of Mazda indeed, O Spitama Zarathustra! takes away from him who confesses it the bonds of his sin 4; it takes away (the sin of) breach of trust 5 6; it takes away (the sin of) murdering one of the faithful0; it takes away (the sin of) burying a corpse7; it takes away (the sin of) 1 As he must have known that he was committing sin.
9 If he did not know that he was committing sin.
3 If he makes Patet (see Introd. V, 22), and says to himself, ‘I will never henceforth sin again’ (Comm.)
4 If not knowingly committed; see § 40 and the following notes.
* Draosha: refusing to give back a deposit (Comm, ad IV, 1): ‘ He knows that it is forbidden to steal, but he fancies that robbing the rich to give to the poor is a pious deed’ (Comm.)
6 Or better, ‘ a Mazdean,’ but one who has committed a capital crime; ‘ lie knows that it is allowed to kill the margarzan, but he does not know that it is not allowed to do so without an order from the judge.' Cf. VIII, 74 note.
7 ‘He knows that it is forbidden to bury a corpse; but he fancies that if one manages so that dogs or foxes may not take it to the fire and to the water, he behaves piously ’ (Comm.) See Introd. V, 9.
deeds for which there is no atonement; it takes away the heaviest penalties of sin 1; it takes away any sin that may be sinned.
42 (149). ‘ In the same way the law of Mazda, O Spitama Zaratlnwtra! cleanses the faithful from every evil thought, word, and deed, as a swift-rushing mighty wind cleanses the plain -.
‘So let all the deeds thou doest be henceforth good, O Zarathustra! a full atonement for thy sin is effected by means of the law of Mazda.’
Contracts and Outrages.
2. Classification of contracts; 3-4. Damages for breach of contract; 5-10. Kinsmen responsible; II- 16. Penalties for breach of contract.
18- 21. Menaces; 22-25. Assaults; 30-33. Wounds; 34-36. Wounds causing blood to flow; 37-39/ Broken bones; 40-43. Manslaughter; Clauses 44-45 refer to contracts, and ought to be placed after § 16. Clauses 47-49, which are in praise of physical weal, have been probably misplaced here from the preceding Fargard (see Farg. Ill, 33). The right order of this chapter would, therefore, seem to be as follows: 1-16; 44-45; 17—43 5 46; 49(bis)-55.
1 Or, possibly, * the sin of usury.’ ‘ He knows that it is lawful to take high interest, but he docs not know that it is not lawful to do so from the faithful ’ (Comm.)
I.
i. He that does not restore (a thing lent), when it is asked for back again, steals the thing; he robs the man1. So he does every day, every night, as long as he keeps in his house his neighbour s property, as though it were his own 2.
II a.
2 (4). O Maker of the material world, thou Holy One! How many in number are thy contracts, O Ahura Mazda?
Ahura Mazda answered: * They arc six in number 3. The first is the word-contract 4; the second 1 4 1 Te is a thief when he takes with a view not to restore; he is a robber when, being asked to restore, he answers, I will not' (Comm.)
2 Every moment that he holds it unlawfully, he steals it anew. ‘ The basest thing with Persians is to lie; the next to it is to be in debt, for this reason among many others, that he who is so, must needs sink to lying at last’ (Herod. I, 183). The debtor in question is of course the debtor of bad faith, ‘ he who says to a man, Give me this, I will restore it to thee at the proper time, and he says to himself, I will not restore it' (Comm.)
The following classification is in fact twofold, the contracts being defined in the first two clauses by their mode of being entered into, and in the last four by their amount. Yet it appears from the following clauses that even the word-contract and the hand-contract became at last, or were misunderstood as, indicative of a certain amount. The commentators, however, were unable to determine that amount, or, at least, they do not state how much it was, which they do with regard to the last four.
4 The contract entered into by simple word of mouth. * The immortal Zartujt Isfitam&n asked of the good, beneficent Hormazd, “ Which is the worst of the sins that men commit? ” The good, beneficent Hormazd answered, “There is no sin worse than when a man, having given his word to another, there being no witness but myself, Hormazd, one of them breaks his word and says, I don't know anything about it...there is no sin worse than this ” ' is the hand-contract 1; the third is the contract to the amount of a sheep 2; the fourth is the contract to the amount of an ox 3; the fifth is the contract to the amount of a man4; the sixth is the contract to the amount of a field5 6 7, a field in good land, a fruitful one, in good bearing0/ II b.
3 (13). If a man make the word-contract a mere word \ it shall be redeemed by the hand-contract; he shall give in pledge 8 the amount of the handcontract.
4 (16).. The hand-contract 9 shall be redeemed by the sheep-contract; he shall, give in pledge the amount of the sheep-contract. The sheep-contract shall be redeemed by the ox-contract; he shall give in pledge the amount of the ox-contract. The oxcontract shall be redeemed by the man-contract; he 1 ‘When they strike hand in hand and make then agreement by word* (Gr. Rav. 1. 1.) It would be of interest to know whether word and hand are to be taken in the strict meaning or if they allude to certain formulas and gestures like those in the Roman stipulatio.
2 ‘Viz. to the amount of 3 istirs [in weight]/ (Comm.) An istir {(TTaTTjp) is as much as 4 dirhems (dpaxw). On the value of the dirhem, see Introd. V, 22.
3 ‘To the amount of 12 istirs (=48 dirhems),' (Comm.)
4 ‘ To the amount of 500 istirs (=2000 dirhems)/ The exact translation would be rather, ‘The contract to the amount of a human being/ as the term is applied to promises of marriage and to the contract between teacher and pupil.
6 A sort of gloss added to define more accurately the value of the object and to indicate that it is greater than that of the preceding one.
7 If he fail to fulfil it. 8 Or, ‘ as damages (?)/ 9 The breach of the hand-contract.
shall give in pledge the amount of the man-contract. The man-contract shall be redeemed by the fieldcontract; he shall give in pledge the amount of the field-contract.
lie.
5 (24). O Maker of the material world, thou Holy One! If a man break the word-contract, how many are involved in his sin1?
Ahura Mazda answered: ‘His sin makes his Nabdnazdwtas* answerable for the3 three hundredfold atonement.’
6 (26). O Maker of the material world, thou Holy One! If a man break the hand-contract, how many are involved in his sin?
Ahura Mazda answered: ‘ His sin makes his N abanazdi.s'tas answerable for the six hundred-fold atonement V 1 Literally, how much is involved? The joint responsibility of the family was a principle in the Persian law, as it was in the old German law, which agrees with the statement in Am. Marccllinus: * Leges apud eos impendio formidatae, et abominandac aliac, per quas ob noxam unius omnis propinquitas periL^ (XX11I, 6).
2 The next of kin to the ninth degree.
8 See § 11. This passage seems to have puzzled tradition. The Commentary says, ‘ How long, how many years, has one to fear for the breach of a word-contract? — the Nabanazdirtas have to fear for three hundred years;’ but it does not explain farther the nature of that fear; it only tries to reduce the circle of that liability to narrower limits: ‘ only the son born after the breach is liable for it; the righteous arc not liable for it; when the father dies, the son, if righteous, has nothing to fear from it/ And finally, the Ravaets leave the kinsmen wholly aside; the penalty falling entirely upon the real offender, and the number denoting only the duration of his punishment in hell: ‘ He who breaks a word-contract, his soul shall abide for three hundred years in hell' 4 See § 12. c His soul shall abide for six hundred years in heir 7 (28). O Maker of the material world, thou Holy One! If a man break the sheep-contract, how many are involved in his sin?
Ahura Mazda answered: ‘His sin makes his NabS.nazdi.ytas answerable for the seven hundredfold atonement1 2 * 4/ 8 (30). O Maker of the material world, thou Holy One! If a man break the ox-contract, how many are involved in his sin?
Ahura Mazda answered: ‘His sin makes his Nabanazdbtas answerable for the eight hundredfold atonement V 9 (32). O Maker of the material world, thou Holy One! If a man break the man-contract, how many are involved in his sin?
Ahura Mazda answered: ‘ His sin makes his NabSnazdutas answerable for the nine hundred-fold atonement V 10 (34). O Maker of the material world, thou Holy One! If a man break the field-contract, how many are involved in his sin?
Ahura Mazda answered: ‘ His sin makes his Nabanazdii'tas answerable for the thousand-fold atonement V II d.
11 (36). O Maker of the material world, thou Holy One! If a man break the word-contract, what is the penalty that he shall pay?
Ahura Mazda answered: ‘ Three hundred stripes 1 See§ 13. ‘Ilis soul shall abide for seven hundred years in 2 See § 14. ‘ His soul shall abide for eight hundred years in hell.’
8 See § 15. ‘ His soul shall abide for nine hundred years in hell.’
4 See § 16. ‘ His soul shall abide for a thousand years in hell.’
with the Aspahe-ai'tra, three hundred stripes with the Sraosho-Z’arana V 12 (39). O Maker of the material world, thou Holy One! If a man break the hand-contract, what is the penalty that he shall pay?
Ahura Mazda answered: ‘ Six hundred stripes with the Aspahe-astra, six hundred stripes with the Sraosho-z&arana V 13 (42). O Maker of the material world, thou Holy One! If a man break the sheep-contract, what is the penalty that he shall pay?
Ahura Mazda answered: ‘ Seven hundred stripes with the Aspahe-artra, seven hundred stripes with the Sraosho-X’arana V 14 (45). O Maker of the material world, thou Holy One! If a man break the ox-contract, what is the penalty that he shall pay?
Ahura Mazda answered: ‘ Eight hundred stripes with the Aspahe-ajtra, eight hundred stripes with the Sraosho-Z’arana V 15 (48). O Maker of the material world, thou Holy One! If a man break the man-contract, what is the penalty that he shall pay?
Ahura Mazda answered: ‘ Nine hundred stripes with the Aspahe-ajtra, nine hundred stripes with the S raosh o-/’a ran a R.’
16(51). O Maker of the material world, thou Holy One! If a man break the field-contract, what is the penalty that he shall pay?
1 One tanafuhr and a half, that is 1800 dirhems.
2 Three tanaffihrs, or 3600 dirhems.
2 Three tanaffihrs and a half, or 4200 dirhems. • 4 Four tanaffihrs, or 4800 dirhems.
6 Four tanaffihrs and a half, or 5400 dirhems.
Ahura Mazda answered: ‘ A thousand stripes with the Aspahe-aitra, a thousand stripes with the Sraosho-^arana V III a.
17(54). If a man rise up to smite a man, it is an Agerepta 1 2. If a man. come upon a man to smite him, it is an Avaoimta. If a man actually smite a man with evil aforethought, it is an A red us. Upon the fifth Aredus3 he becomes a Peshotanu4.
18 (58). O Maker of the material world, thou Holy One! He that committeth an Agerepta, what penalty shall he pay?
Ahura Mazda answered: ‘ Five stripes with the Aspahe-astra, five stripes with the Sraosho-Z’arana; on the second Agerepta, ten stripes with the Aspahe-astra, ten stripes with the Sraoshd-iarana; on the third, fifteen stripes with the Aspahe-aitra, fifteen stripes with the Sraosho-ztarana.
19 (63). ‘ On the fourth, thirty stripes with the 1 Five tanaffthrs, or Cooo dirhems.
3 In this paragraph are defined the first three of the eight outrages with which the rest of the Fargard deals. Only these three are defined, because they are designated by technical terms. We subjoin the definitions of them found in a Sanskrit translation of a Patet (Paris, Bibl. Nat. f. B. 5, 154), in which their etymological meanings arc better preserved than in the Zend definition itself: — Agerepta, ‘ seizing,’ is when a man seizes a weapon with a view to smite another.
Avaoirirta, ‘brandishing,’ is when a man brandishes a weapon with a view to smite another.
Aredur is when a man actually smites another with a weapon, but without wounding him, or inflicts a wound which is healed within three days.
3 Viz. on the sixth commission of it, as appears from § 28.
4 He shall receive two hundred stripes, or shall pay 1200 dirhems (see Introd. V, 19).
Aspahe-astra, thirty stripes with the Sraosho-^arana; on the fifth, fifty stripes with the Aspahe-astra, fifty stripes with the Sraosho-^arana; on the sixth, sixty stripes with the Aspahe-a.ctra, sixty stripes with the SraoshcV/'arana; on the seventh, ninety stripes with the Aspahe-astra, ninety stripes with the Sraosho-A’arana.’
20 (67). If a man commit an Agerepta for the eighth time, without having atoned for the preceding, what penalty shall he pay?
Ahura Mazda answered: ‘He is a Peshdtanu: two hundred stripes with the Aspahe-aitra, two hundred stripes with the Sraosho-£arana.’
21 (70). If a man commit an Agerepta1 * 3 and refuse to atone for it -, what penalty shall he pay?
Ahura Mazda answered: ‘He is a Peshotanu: two hundred stripes with the Aspahe-astra, two hundred stripes with the Sraosho-/’arana.’
22 (73). O Maker of the material world, thou Holy One! If a man commit an AvaoirLsta, what penalty shall he pay?
Ahura Mazda answered: ‘Ten stripes with the Aspahe-a.ftra, ten stripes with the Sraosho-Z’arana; on the second Avaoiri.rta, fifteen stripes with the Aspahe-astra, fifteen stripes with the Sraoshd-^arana.
23 (75). ‘ On the. third, thirty stripes with the Aspahe-a-rtra, thirty stripes with the Sraosho-Z’arana; on the fourth, fifty stripes with the Aspahe-a^tra, fifty stripes with the Sraosho-A’arana; on the fifth, seventy stripes with the Aspahe-artra, seventy 1 Even though the Agerepta has been committed for the first time.
3 If he does not offer himself to bear the penalty, and does not p.rform the Patet (see Introd. V, 22).
4* stripes with the Sraosho-Z’arana; on the sixth, ninety stripes with the Aspahe-astra, ninety stripes with the Sraosho-Z’arana/ * 24 (76). O Maker of the material world, thou Holy One! If a man commit an Avaoimta for the seventh time, without having atoned for the preceding, what penalty shall he pay?
Ahura Mazda answered: ‘ He is a Peshotanu: two hundred stripes with the Aspahe-astra, two hundred stripes with the Sraosho-Airana.’
25 (77). O Maker of the material world, thou Holy One! If a man commit an Avaoimta, and refuse to atone for it, what penalty shall he pay?
Ahura Mazda answered: ‘He is a Peshotanu: two hundred stripes with the Aspahe-astra, two hundred stripes with the Sraosho-Airana.’
26 (79). O Maker of the material world, thou Holy One! If a man commit an Arcdiw, what penalty shall he pay?
Ahura Mazda answered: ‘ Fifteen stripes with the Aspahe-astra, fifteen stripes with the Sraosho-<£arana.
27(81). ‘On the second Arcdar, thirty stripes with the Aspahe-artra, thirty stripes with the Sraosho-Z’arana; on the third, fifty stripes with the Aspahe-attra, fifty stripes with the Sraosho-Z’arana; on the fourth, seventy stripes with the Aspahc-artra, seventy stripes with the Sraosho-^arana; on the fifth, ninety stripes with the Aspahe-astra, ninety stripes with the Sraosh6-/'arana.’
28. O Maker of the material world, thou Holy One! If a man commit an Aredus for the sixth time, without having atoned for the preceding, what penalty shall he pay?
VF.NdIdAd.
Ahura Mazda answered: ‘ He is a Peshotanu: two hundred stripes with the Aspahe-attra, two hundred stripes with the Sraosho-^arana.’
29 (82). O Maker of the material world, thou Holy One! If a man commit an Aretlus, and refuse to atone for it, what penalty shall he pay?
Ahura Mazda answered: 1 He is a Peshotanu: two hundred stripes with the Aspahe-astra, two hundred stripes with the Sraoslio-^arana.’
30 (85). O Maker of the material world, thou Holy One! If a man smite another and hurt him sorely, what is the penalty that he shall pay?
31(87). Ahura Mazda answered: ‘ Thirty stripes with the Aspahe-aytra, thirty stripes with the Sraoshd-Aarana; the second time, fifty stripes with the Aspahe-astra, fifty stripes with the Sraosho-/’arana; the third time, seventy stripes with the Aspahe-a.stra, seventy stripes with the Sraosho-Z’arana; the fourth time, ninety stripes with the Aspahe-aytra, ninety stripes with the Sraosho-£arana.’
32 (89). If a man commit that deed for the fifth time, without having atoned for the preceding, what is the penalty that he shall pay?
Ahura Mazda answered: ‘ He is a Peshotanu: two hundred stripes with the Aspahe-aytra, two hundred stripes with the Sraosho-^arana.’
33 (90). If a man commit that deed and refuse to atone for it, what is the penalty that he shall pay?
Ahura Mazda answered: ‘ He is a Peshotanu: two hundred stripes with the Aspahd-aytra, two hundred stripes with the Sraosho-^arana.’
34 (93)- O Maker of the material world, thou Holy One! If a man smite another so that the blood comes, what is the penalty that he shall pay?
Ahura Mazda answered: ‘ Fifty stripes with the Aspahe-aytra, fifty stripes with the Sraosho-Z’arana; the second time, seventy stripes with the Aspaheaytra, seventy stripes with the Sraosh6-/C’arana; the third time, ninety stripes with the Aspahe-aytra, ninety stripes with the Sraosho-^arana.’
35 (95)* If he commit that deed for the fourth time, without having atoned for the preceding, what is the penalty that he shall pay?
Ahura Mazda answered: ‘ He is a Pesh6tanu: two hundred stripes with the Aspahe-aytra, two hundred stripes with the Sraosho-^arana.’
36 (96). O Maker of the material world, thou Holy One! If a man smite another so that the blood comes, and if he refuse to atone for it, what is the penalty that he shall pay?
Ahura Mazda answered: ‘ He is a Peshotanu: two hundred stripes with the Aspahe-aytra, two hundred stripes with the Sraosho-/tarana.’
37 (99)' O Maker of the material world, thou Holy One! If a man smite another so that he breaks a bone, what is the penalty that he shall pay?
Ahura Mazda answered: ‘Seventy stripes with the Aspahe-aytra, seventy stripes with the Sraoshd->£arana; the second time, ninety stripes with the Aspahe-aytra, ninety stripes with the Sraosho-^arana.’
38 (102). If he commit that deed for the third time, without having atoned for the preceding, what is the penalty that he shall pay?
Ahura Mazda answered: ‘ He is a Peshotanu: two hundred stripes with the Aspahe-astra, two hundred stripes with the Sraosho-^arana.’
39 (104). O Maker of the material world, thou Holy One! If a man smite another so that he breaks a bone, and if he refuse to atone for it, what is the penalty that he shall pay?
Ahura Mazda answered: ‘ He is a Peshotanu: two hundred stripes with the Aspahe-a^tra, two hundred stripes with the Sraosho-^arana.’
40 (106). O Maker of the material world, thou Holy One! If a man smite another so that he gives up the ghost, what is the penalty that he shall pay?
Ahura Mazda answered: ‘Ninety stripes with the Aspahe-artra, ninety stripes with the Sraoshd- /arana.’
41 (109). If he commit that deed again, without having atoned for the preceding, what is the penalty that he shall pay?
Ahura Mazda answered: ‘ He is a Peshotanu: two hundred stripes with the Aspahe-astra, two hundred stripes with the Sraosho-Airana.’
42 (112). O Maker of the material world, thou Holy One! If a man smite another so that he gives up the ghost, and if he refuse to atone for it, what is the penalty that he shall pay?
Ahura Mazda answered: ‘ He is a Peshotanu: two hundred stripes with the Aspahe-astra, two hundred stripes with the Sraosho-^arana.’
43 (115). And they shall thenceforth in their doings walk after the way of holiness, after the. word of holiness, after the ordinance of holiness.
lie1.
44 (i 1 8). If men of the same faith, either friends or brothers, come to an agreement together, that one may obtain from the other, either goods a, or a wife 8, or knowledge i, let him who wants to have goods have them delivered to him; let him who wants to have a wife receive and wed her; let him who wants to have knowledge be taught the holy word.
45 (123). He shall learn on, during the first part of the day and the last, during the first part of the night and the last, that his mind may be increased in knowledge and wax strong in holiness: so shall he sit up, giving thanks and praying to the gods, that he may be increased in knowledge: he shall rest during the middle part of the day, during the middle part of the night, and thus shall he continue until he can say all the words which former Aethrapaitis 5 have said.
Ill b.
46 (128). Before the water and the blazing fire'1, 1 We return here to contracts; the proper place of §§ 44-45 is after § 16.
2 The goods-contract is a general expression for the sheep, ox, and field-contracts (sec above, § 2).
:| Woman is an object of contract, like cattle or fields; she is disposed of by contracts of the fifth sort, being more valuable than cattle and less so than fields. She is sold by her father or her guardian, often from the cradle. ‘ Instances are not wanting of the betrothal of a boy of three years of age to a girl of two’ (see Dosabhoy Framjee’s work on The Parsces, p. 77 J cf. ‘A Hill to Define and Amend the Law relating to Succession, Inheritance, Marriage, &c.,’ Bombay, 1864).
* The contract between pupil and teacher falls into the same class (the man-contract, see p. 35, n. 4).
6 A teaching priest (Parsi H6rbad).
6 Doubtful. This clause is intended, as it seems, against false VENDiuAD.
O Spitama Zarathustra! let no one make bold to deny having received from his neighbour the ox or the garment (he has received from him).
47 (130)...Verily I say it unto, thee, O Spitama Zarathiutra! the man who has a wife is far above him who begets no sons 1; he who keeps a house is far above him who has none; he who has children is far above the childless man; he who has riches is far above him who has none.
48 (134). And of two men, he who fills himself with meat is filled with the good spirit 2 much more than he who does not do so 3; the latter is all but dead; the former is above him by the worth of an Asperena *, by the worth of a sheep, by the worth of an ox, by the worth of a man.
49 (T37)- ^ >s this man that can strive against the onsets of Ast6-vldhotu 6; that can strive against oaths. The water and the blazing fire are the water and the fire before which the oath is taken (see § 54 n.); putting aside §§ 47-49, which are misplaced from Farg. Ill, 34, one comes to § 50, in which the penalty for a false oath is described.
1 4 In Persia there arc prizes given by the king to those who have most children' (Herod. I, 136). ‘He who has no child, the bridge (of paradise) shall be barred to him. The first question the angels there will ask him is, whether he has left in this world a substitute for himself; if he answers, No, they will pass by and he will stay at the head of the bridge, full of grief and sorrow' (Saddar 1 8; Hyde 19). The primitive meaning of this belief is explained by Brahmanical doctrine; the man without a son falls into hell, because there is nobody to pay him the family worship.
a Or, 4 with Vohu Mano,' who is at the same time the god of good thoughts and the god of cattle (see Introd. IV, 33).
3 4 There are people who strive to pass a day without eating, and who abstain from any meat; we strive too and abstain, namely, from any sin in deed, thought, or word:...in other religions, they fast from bread; in ours, we fast from sin' (Saddar 83; Hyde 25).
4 A dirhem. 6 See Introd. IV, 26.
the self-moving arrow 1; that can strive against the winter fiend, with thinnest garment on; that can strive against the wicked tyrant and smite him on the head; it is this man that can strive against the ungodly Ashemaogha who does not eat 2.
49 (bis)...The very first time when that deed3 has been done, without waiting until it is done again *.
50(143). Down there5 the pain for that deed shall be as hard as any in this world: should one cut off the limbs from his perishable body with knives of brass, yet still worse shall it be.
51 (146). Down there the pain for that deed shall be as hard as any in this world: should one nail5 his perishable body with nails of brass, yet still worse shall it be.
52 (149). Down there the pain for that deed shall be as hard as any in this world: should one by force throw his perishable body headlong down a precipice a hundred times the height of a man, yet still worse shall it be.
53 (I52)- Down there the pain for that deed shall be as hard as any in this world: should one by force impale 7 his perishable body, yet still worse shall it be.
54(154). Down there the pain for that deed shall be as hard as any in this world: to wit, that deed which is done, when a man, knowingly lying, confronts the brimstoned, golden8, truth-knowing9 1 See Introd. IV, 26. 2 See Introd. Ill, 10.
3 The taking of a false oath. 4 See Introd. V, 18.
6 In hell. 6 Doubtful. 7 Doubtful.
3 The water before which the oath is taken contains some incense, brimstone, and one danak of molten gold (Gr. Rav. 101).
9 Doubtful. Possibly ‘bright.’
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water with an appeal unto Rashnu r and a lie unto Mithra 2.
55 (I56)* O Maker of the material world, thou Holy One! He who, knowingly lying, confronts the brimstoned, golden, truth-knowing water with an appeal unto Rashnu and a lie unto Mithra, what is the penalty that he shall pay 3?
Ahura Mazda answered: ‘ Seven hundred stripes with the Aspahe-artra, seven hundred stripes with the Sraosh6-£arana.’
This chapter and the following ones, to the end of the twelfth, deal chiefly with uncleanness arising from the dead, and with the means of removing it from men and things.
The subjects treated in this Fargard are as follows: — I (1-7). If a man defile the fire or the earth involuntarily, or unconsciously, it is no sin.
II (8-9). Water and fire do not kill.
III (10-14). Disposal of the dead during winter.
IV (15-20). IIow the Dakhmas are cleansed by water from the heavens.
V (21-26). On the excellence of purity and of the law that shows how to recover it, when lost.
VI (27-38). On the defiling power of the Nasu being greater or less, according to the greater or less dignity of the being that dies.
VII (39-44). On the management of sacrificial implements defiled by the dead.
•l The god of truth. The formula is as follows: 4 Before the Amshaspand Bahman, before the Amshaspand Ardibehesht, here lighted up...&c., I swear that I have nothing of what is thine, N. son of N., neither gold, nor silver, nor brass, nor clothes, nor any of the things created by Ormazd’ (1. 1. 96).
a See Introd. IV, 8. He is a Mithra- dru^, ‘one who lies to Mithra/ 3 In this world.
VIII (45-62). On the treatment of a woman who has been delivered of a still-born child; and what is to be done with her clothes.
Ia.
1. There dies a man in the depths of the vale: a bird takes flight from the top of the mountain down into the depths- of the vale, and it eats up the corpse of the dead man there: then, up it flics from the depths of the vale to the top of the mountain: it flies to some one of the trees there, of the hardwooded or the soft-wooded, and upon that tree it vomits, it deposits dung, it drops pieces from the corpse.
2 (7). Now, lo! here is a man coming up from the depths of the vale to the top of the mountain; he comes to the tree whereon the bird is sitting; from that tree he wants to take wood for the fire. He fells the tree, he hews the tree, he splits it into logs, and then he lights it in the fire, the son of Ahura Mazda. What is the penalty that he shall pay1?
3(11). Ahura Mazda answered: ‘There is no sin upon a man for any dead matter that has been brought by dogs, by birds, by wolves, by winds, or by flies.
4 (12). ‘For were there sin upon a man for any dead matter that might have been brought by dogs, by birds, by wolves, by winds, or by flies, how soon this material world of mine would have in it only Peshotanus2, shut out from the way of holiness, 1 For defiling the fire by bringing dead matter into it, see Farg. VII, 25 seq. The Vendidad Sadah has here, ‘ Put ye only proper and well-examined fuel (in the fire).’ For the purification of unclean wood, see Farg. VII, 28 seq.
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whose souls will cry and wail 1! so numberless are the beings that die upon the face of the earth/ lb.
5 (15). O Maker of the material world, thou Holy One! Here is a man watering a corn field. The water streams down the field; it streams again; it streams a third time; and the fourth time, a dog, a fox, or a wolf carries a corpse into the bed of the stream: what is the penalty that the man shall pay 2?
6 (19). Ahura Mazda answered: ‘ There is no sin upon a man for any dead matter that has been brought by dogs, by birds, by wolves, by winds, or by flies.
7 (20). ‘ For were there sin upon a man for any dead matter that might have been brought by dogs, by birds, by wolves, by winds, or by flies, how soon this material world of mine would have in it only Peshotanus, shut out from the way of holiness, whose souls will cry and wail! so numberless are the beings that die upon the face of the earth.'
II a.
8 (23). O Maker of the material world, thou Holy One! Does water kill 3 * * * * 8?
1 After their death, ‘ When the soul, crying and beaten off, is driven far away from paradise’ (Comm.) Possibly, ‘Whose soul shall fly (from paradise) amid howls’ (cf. Farg. XIII, 8).
a For defiling the earth and the water: ‘ If a man wants to irrigate a field, he must first look after the water-channel, whether there is dead matter in it or not If the water, unknown to him, comes to a corpse, there is no sin upon him. If he has not looked after the rivulet and the stream, he is unclean’ (Saddar 75; Hyde 85).
8 Water and fire belong to the holy part of the world, and come Ahura Mazda answered: ' Water kills no man: Ast6-vidh6tu 1 ties the noose around his neck, and, thus tied, Vaya2 carries him off: then the flood takes him up 3, the flood takes him down 4, the flood throws him ashore; then birds feed upon him, and chance brings him here, or brings him there8.’
II b.
II b.
9 (29). O Maker of the material world, thou Holy One! Does fire kill?
Ahura Mazda answered: ‘Fire kills no man: Ast6-vldh6tu ties the noose around his neck, and, thus tied, Vaya carries him off. The fire burns up life and limb, and then chance brings him here, or brings him there6.’
III.
10 (34). O Maker of the material world, thou Holy One! If the summer is past and the winter has come, wrhat shall the worshippers of Mazda do7?
from God: how then is it that they kill? ‘Let a Gueber light a sacred fire for a hundred years, if he once fall into it, he shall be burnt/ Even the Mobeds, if we may trust Elisaeus, complained that the fire would burn them without regard for their piety, when to adore it they came too near (Vartan’s War, p. 2 1 1 of the French translation by l’Abbd Garabed). The answer was that it is not the fire nor the water that kills, but the demon of Death and Fate.
‘ Nothing whatever that I created in the world, said Ormazd, does harm to man; it is the bad Nai (lege Vai) that kills the man' (Gr.
1 Literally, ‘binds him;’ see Introd. IV, 26; cf. Farg. XIX, 29.
2 ‘The bad Vai’ (Comm.); see Introd. IV, 17.
3 To the surface. 4 To the bottom.
6 Or perhaps, ‘ When he departs, it is by the will of Destiny that he departs ’ (Comm.)
6 See preceding note.
7 In case a man dies during the snowy season, while it is diffi- VEND1DAD.
Ahura Mazda answered: ‘In every house, in every borough1, they shall raise three small houses for the dead 2.’