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Pahlavi Texts, Part IV (SBE37), E.W. West, tr. [1892], at sacred-texts.com
Nîkâdûm Nask.
1. In the fifth section are twenty-four particulars 1 about the standing up and going forth of a man with a weapon and angry thoughts towards another man; and also when he takes a beast of burden, saddles it, and sits upon it, takes the rein 2 (ayôkham) in hand and walks away; this, too, that, when he arrives there, he smites that man, or some one else; and whatever is on the same subject. 2. About what one has to do when the conversation of two men is of the destruction of a righteous man, of highway robbery, and of the cursing owing thereto; and whatever is on the same subject. About what one has to do when, of two men who are on the same road, one slays a righteous man; and about the other when he is fearless, and when he is fearful. 4. About preserving one worthy of death when it is requisite for medical purposes (bezashkîh), though the plaintiff is of a different opinion; and whatever is on the same subject.
5. About the needlessness of plaintiffs and defendants speaking as to the substance (min tanû) of
the law, when the witness and judge is the supreme priest; the confidence which they may place in the decision of the supreme priest, due to his own knowledge and evidence, when, moreover, they have not to atone in the body; and the want of confidence in another judge when, moreover, they have to atone in the body, and the needfulness of plaintiffs and defendants speaking on the substance (val tanû) of the law, even when the judge is aware of the law. 6. About unauthorised combatants, become mutually sinful, when, to dissipate (sîkhtanŏ) a wound of the one, he would make the other one worthy of death. 7. About supplies (pishôn) 1 in travelling together, and their renewal; and whatever is on the same subject.
8. About inflicting penalties by magistrates, the assistance of the unmagisterial given to magistrates, the assistance of the magistrates, and the exemption of these latter from atonement to those former; likewise about conversation as to an assault, and whatever is on the same subject. 9. About the evasion of penalty by men at the time when a sin may be committed, and the arrest of their nearest relations being important, in whatever measure implicated therein and impossible to consider innocent; how to confine and make them really coerced to seek a remedy, and whatever is on the same subject. 10. About the powerfulness which comforts in sin where there is any special worthiness, and the reason
of any worthiness; the want of power where there is special unworthiness, and the reason of any unworthiness; the production of the good works of one towards another of the powerful, and of the sin of one of those lacking power; and whatever is on the same subject.
11. About the plaint which one has to argue, and for the defendant to dispute; the time for making the statement (gôbŏ) when the defendant does not come, or comes not to conduct the business; the several peculiarities of plaintiff and defendant, the time for conducting being on the day before yesterday, the firm one and the powerless, the incrimination therein, the death-blow on the exhaustion of the possessions of the plaintiff, and provisions for conducting the legal proceedings; a privileged wife 1 shall be capable of making a plaint for her husband, and of informing the husband of the plaint; when her property is anything whatever, and nothing is manifest as to that wealth, she is to be admitted for evidence; and whatever is on the same subject.
12. About the ordeal of those who have atoned, of those undergoing the sacred-twig ordeal, and of those undergoing the heat ordeal, who are pure; the freedom from falsehood of which, each separately, which they, every one of them, request when the ordeal is not that for their own station, but that for the station of others; and whatever is on the sane subject. 13. About the object of any evidence, and, on account of the reason of its propriety, the impropriety of any one being without evidence; and whatever
is on the same subject. 14. About the reality of a statement due to an ordeal, and so many having gone to the ordeal place for the sake of watching the first-comer and after-comer; the time of performance, the statement, the ceremonial and the invulnerableness due to it; the kinds of incrimination, how to protect the limbs by which the ordeal is accomplished, and each one of the formulas (nîrang) of protection; the superintendence for observing the ceremonial, and the decision about the acquitted or convicted one. 15. This, too, that is, whose going to the ordeal place is first, second, third, fourth, fifth, sixth, seventh, eighth, ninth, and tenth; and by whom is the command to be given. 16, About the business of the ordeal attendants (var aûstîgânŏ). 17. About incrimination through confession, or some other reason, the reliance restored thereby, and whatever is on the same subject. 18. About a thief destroying life and escaping, the suspicion owing thereto, about any one, as to assisting the thief, and whatever is on the same subject. 19. About there being no ordeal for those confessing, and so also as regards those of good repute; accusation as to the existence of a limit to the good repute, even that which is for the extent of a Yûgyâst, a Dashmest, an Agoyôst, a Takar, and a Hâsar 1 at the least.
20. About litigation as to a costly article, when a witness of its possession by the one party is combined with non-possession by the other one with no witness, or with its possession by the other one with a single witness; or the witness of one is with the sacred beings, and its possession by the other one is likewise not manifest; when both parties are related (khidyahîk), or both are unrelated (anazdîhîk); and what kind of possession they say is most real. 21. About annulling the decision of a judge, and the time it is done at the court of a chief judge, and also owing to an ordeal for certainty; and whatever is on the same subject. 22. About the litigation of three persons as to property it is declared, so much is given to one on the day Aûharmazd to the day Vohûman 1, to another one on the day Ardavahist, and possession is not made over to the third one at all.
23. About selling property which is not one's own, and whatever is on the same subject. 24. About controversy as to anything which ought not to occur. 25. About any essential dispute that any one has, when agreeing thus: 'I do not have it as my own, but owing to the other person;' and whatever is on the same subject. 26. About the litigation of an Irânian with a foreigner, or with foreigners, of a
foreigner with an Irânian, or a slave with a man of the country, as to a costly article; and whatever is on the same subject. 27. About a much-clamouring plaintiff having summoned defendants to the judges regarding a decision, and about the perverted wordiness and mixed verbiage in the legal proceedings; and whatever is on the same subject.
28. About the time for a high-priest of property and possessions, what is the specific necessity for a high-priest, and whatever is on the same subject. 29. About the fitness of a woman for evidence and judgeship when guardian over herself, and the unfitness of a privileged wife 1 who is a foreigner and worthy of death for only a single offence, even with the authority of her husband; and whatever is on the same subject. 30. About the owner of a pledge not depositing the pledge beforehand, and whatever is on the same subject. 31. About giving up the property of partners, and whatever is on the same subject. 32. About the property that any one possesses, and is without any witness as to his ownership and possession of it. 33. About the ordeal of excessive eating (pâûrû-khûrânŏ) for escaping distress (mûst-kar zîh) by plaintiffs and defendants before driving each other into legal proceedings, and whatever is on the same subject.
34. About the legal proceedings as to a female 2 they steal from some one, and she becomes a suppliant of a thief; some one takes her by sequestration (hakîdakîh) 3, and they steal her also from him;
the original possessor (bûn) sees his own, not knowing she is back alive, when they become disputing about her; and whatever is on the same subject. 35. About property which is in the possession of any one, when some one gives it up to some one else in his sight, and he does not dispute it. 36. About a master teaching a disciple not to go back to legal proceedings, and whatever is on the same subject. 37. About controversy, with any one, as to special property in righteous gifts, and whatever is on the same subject.
38. About legal proceedings in which one accomplishes an ordeal three times, and it comes off in one way; and whatever is on the same subject. 39. About the existence of the many kinds of speaking with wizard's spells 1, and those with threats of danger; and about the usage in witchcraft as to the moderate and justifiable production of mutual afflictiveness thereby. 40. About which is the ordeal for one worthy of death, the greatness and littleness of an ordeal, and also this, that is, which are the blessed among twenty of those undergoing ordeals. 41. About the proportion of firewood, and from which tree it ought to be good; and again, too, the several appliances and formulas that are necessary in accomplishing the ordeal. 42. And this, too, that when the man is aware of his own truth, even though he be aware of it, the fire speaks in the words of men thus: 'Walk not on to me! for I chastise during one's progress.' 43. About one still mediating in legal proceedings as to a thief who has acted faithfully about quitting confinement and fetters to
cause a ceremonial 1, and whatever is on the same subject.
44. About the wealth of a priest who is not keeping his property in edifices (aûzdesîkîh) or domains (matâ), but goes on with his occupation; and when he passes away, to whom and how it has to come. 45. About litigation as to property from the residuary wealth of fathers, about keeping it together (vâham-dâr), and whatever is on the same subject.
46. About the amount of retribution, in confinement, fettering, and punishment, for a lamb 2, a sheep, or a beast of burden, which is stolen; and whatever is on the same subject. 47. About a defendant regarding whom three plaintiffs complain, all three as comrades, one as to a lamb, one as to a sheep, and one as to a beast of burden; and whose answer is first given. 48. About the litigation of three persons as to a costly article which remains apart from them, he who deposited it being a strong person, and the ownership of not even one of them being certain. 49. About the coming of retribution to three persons who, all three as comrades, have stolen a lamb from one, a sheep from another one, and a beast of burden from a third one.
50. About the reason of the justifiableness, and that also of the unjustifiableness, of confining a fellow-countryman for his own theft, and whatever is on the same subject. 51. About the extent of continuance in hearing a defendant, and this, too, as to a plaintiff; also about the time appointed for speaking, and its extent. 52. And about this,
namely, when any one has made an accusation about any other, and goes back at the time appointed, and, before a reply is given, he shall make out another accusation about the same man, to which of the two accusations a reply is to be first given. 53. About the reason of the hardship of legal proceedings; about what man it is whose statement is second, third, fourth, and last in conducting legal proceedings; and about the twenty-two stratagems in conducting legal proceedings.
54. About the cancelling (pâdyârânîh) of an ordeal, even that which is accomplished with three selected witnesses. 55. About the season of the hot ordeal, and also that of the cold; and whatever is on the same subject. 56. About one, in a procedure, demanding an ordeal, the other one having appointed the time for the supreme priest, and whatever is on the same subject. 57. About the benediction of the supreme priest on making, or changing, a decision; also this, namely, which are the blessings for changing, through their nature, a decision which is made.
58. About evidence of walking upon a water-skin (khîk) and putting something inside it, of assault and wounds, of wealth which they squander (nikizend) and a righteous gift, of a damaged and sequestrated thing; and of rubbing up (pâdŏ-mâlisnŏ) and buying it strengthened 1, and at a price. 59. On litigation about the ownership of a wife, cattle, trees, and land; and whatever is on the same subject. 60. About the certainty of the statement of several leaders of an affair, as to that on which their affair
depends, and of the supreme priest, or three witnesses, in every legal proceeding. 61. About incrimination (aîrikhtakîh) of several kinds as to statements in legal proceedings, and whatever is on the same subject. 62. About the modes of action for eradicating the deceptions (frêvôânŏ-fitâr) of apostates, and whatever is on the same subject.
63. About cases where the virtuousness of the thoughts, words, and deeds of mankind is all derived from the virtuousness of the beneficent spirit, and mankind themselves shall render it their own, and, in that way, its reward reaches them; and their viciousness is all derived from the viciousness of the evil spirit, and mankind themselves shall render it their own, and, in that way, its bridge penalty 1 reaches them.
64. About the injuriousness due to unrenounced sinfulness, that is, what is injured by the first, second, third, fourth, or fifth unrenounced Aredûs sin 2. 65. About where and which is the speaking with threats of danger 3, and which is the taking up of a weapon (âgêreptŏ), not the turning it down, that becomes a Tanâpûhar sin 4; also the sin which is owing to such sin.
66. About the case where one has to atone, and who does it; he who undergoes the sacred-twig ordeal has atoned best; and which is the least heat ordeal. 67. About two men having seized property together, and having together, at the time, demanded a judge and ordeal about it; and when one seizes the property some time earlier, and the other one demands the judge and ordeal earlier; and whatever is on the same subject. 68. About some one carrying off the property of a person from the custody of another person in sight of the same, and he who kept it before is, within a Hâsar 1, a witness before the judge as to its custody or possession; and also when the witness of it has not come within the Hâsar; and whatever is on the same subject.
69. About cases where the decision of the judge is to be made from the Avesta and Zand 2, or from the common consent of the good 3, and whatever is on the same subject. 70. About the justifiable selling of a man, a sheep, or a beast of burden, as free from defect when its defect is not obvious; also about the symptoms of their defects. 71. About the case where and how far a decision, about which one is in dispute, is a solitary statement, or more.
72. About the object of the appointment of a judge, the eminence of an appointed judge, and whatever is on the same subject. 73. About the reasonableness of the severity and want of severity
of judges. 74. And this, too, that the judgeship is to be given to him who is acquainted with the law (âkâs-dâd) 1; and the object of acquaintance with the law. 75. About the case where there are a supreme judge of the law, a plaint, a defence, an arrangement of legal proceedings, and an award; and through what sin it becomes injustice. 76. And this, too, that the justice of him who may therein commit falsehood, as regards so many essential decisions, is injustice.
77. About the many who may seize wealth, which is the property of some one, with their own hands; and, when they litigate about it, he says it is his own property, whereby they are convicted. 78. About incrimination of five kinds as to whatever property is on the spot, or at a distance (pavan hâsar); and whatever is on the same subject. 79. About putting apart, keeping apart 2, and two apart before being put away; also about litigation as to keeping apart, and whatever is on the same subject. 80. And when some one has to deliver property which is a person's own to some one else, in the
sight of him whose own it is, and he who is seizing upon it disputes about it as his own property; and whatever is on the same subject.
81. About disputing the debts of fathers when one of their associates is confessing them, and the rest have come, and it is possible for them to dispute them, but they do not dispute. 82. And about the progress of a dispute of one of the associates as to the whole debt of one's fathers. 83. About the possibility of children being worthy of death, for wizard's spells, when with their guardian; and of a woman being so when guardian of herself. 84. About a case where the amount of a lamb (midat-î asperenŏ) is the lowest, and the amount of a human being (vîrôk mozd) is the highest 1. 85. About theft and plunder as regards one's own property, when one brings it away from the possession of some one without dispute. 86. About the triumph of him who, falsely investigating, may act judicially by illegally-issued incentives, when he institutes legal proceedings for the sake of appearances 2; as distinguished from him who is truly seeking and truly investigating.
87. About the statements of a litigation of man and wife, which is justifiably brought on 3. 88. And also this, namely, when she sees herself injured, or defence is possible by means of that which
is discharged by two fingers 1, it is justifiable when they shall institute no litigation but seizing. 89. About the person who has become privileged to give away a daughter to a husband, her father having passed away. 90. About the sin of making a damsel (kanîk) weary of her husband. 91. About the sin as regards property in this action, either produced where the action for this purpose is really devoid of illiberality (adahisnîh), or to commit in order that they shall give me a wife even when they do not give her on that account. 92. About the sin of giving a girl (kanîk) for a girl, or other living thing, or of speaking thus: 'Do thou go in unto my sister, or daughter, while I, too, will go in unto thine.' 93. And the sin as regards the person of my wife, too, which is owing to that sin. 94. About one obtaining back the value which he gives away for a girl, when the girl is not that value in wedlock. 95. About a girl who, after fifteen years of age, is not given to a husband; and her father, to satisfy her menstrual excitement (dashtân-mêyah vigârdanŏ), and to sustain it, becomes sinful and harbours a paramour; and whatever is on the same subject.
96. About having given food, and anything except a wife, to any one who praises the Mazda-worshippers’ religion of another, even though it be through fear; also this, that it is only he, when he has thereby become quite of the same tenets with the religion of the Mazda-worshippers, to whom the gift of a wife worthy of a man (vîr masâî) is then to be presented.
[paragraph continues] 97. About committing the sin of giving no food 1, which is one of those worthy of death. 98. About the duty imposed of chastising a wizard for the Tanâpûhar sin 2 of assisting a demon 3, so that one's duty is manifold, and to be accomplished during several years.
99. About the day and night which are longest, medium, and shortest; that is, how many Hâsars 4 they are, each separately; and, as to their occurrence, in what control is the appointed time which is really theirs, each one, as to period. 100. About the Para-sang 5 which is the longest, medium, and shortest and whatever is owing to their subdivision.
101. About the work and fodder (vâsân) 6 of an injured beast of burden, by day and night. 102. About a sheep which kills a person, and whether its owner be innocent, or sinful, through not putting a tether (band) upon it; and the reason of the sinfulness and innocence therein. 103. About the period that extends from certainty to dubiousness, even though it be for the supreme priest, or one provides three witnesses; and how long it is. 104. About the multitude of witnesses who give no evidence, together with the judge who is unjustly deciding.
105. About the injuriousness (âzârîkîh), for the
priestly authorities, of anything that is given to the unworthy. 106. About what kind of gift, that is given, was accepted; that is, how, when given by one when another claims it, it returns to him; how, and in what proportion, when the other does not claim it, its expediency does not arise; and whatever is on the same subject. 107. About a case where there is property of several kinds which a man has given away as a righteous gift, and it is allowable. 108. About the case where whatever is given and reaches some one, when he gives it and does not say how it was given, it becomes a righteous gift. 109. And about its not having become a gift, through fear of whatever is its danger.
110. About the theft and extortion of him who does not maintain the wives and children of persons in his control, to preserve and nourish them, through fear. 111. About the allotment of punishment for the limbs of sinners, and upon which limbs is the allotment. 112. About the atonement for sin where it is most irksome. 113. About the amount of retribution for an assault (zatam) which may be committed upon one worthy of death who is preserved through great judiciousness.
114. About Aûharmazd having given all prosperity to Zaratûst and the disciples of Zaratûst; the theft and extortion which have arisen in a man when he has not given to a worthy person any of the prosperity that has befallen him; and whatever is on the same subject. 115. About how an animate being is situated who is in a place apart (aham), and when he dies in innocence and keeping apart 1, his
wound being also through duty; and whatever is on the same subject. 116. About the advantage and pleasure of keeping a promise (mitro-dârîh), and the gravity, harm, and vexation owing to various degrees of promise-breaking (mitrôk-drûgîh); also how a promise is kept. 117. About the grievous sinfulness of strife, insincerity (avâkhîh), and slander, and the harm that proceeds therefrom; also the frost (pazd) and punishment provided for them 1, and whatever is on the same subject.
118. About having given frontier people 2 as hostages (garôbŏ) to foreigners who have demanded a ransom (navisnŏ). 119. About taking up (lâlâ gêrefstanŏ) anything whatever that is precious to a foreigner, and has become of exceeding value, when they give it up as a ransom 3 to Irân; the extreme value of a youth (tigil) when they shall carry him off as a hostage from the foreigners, in place of ransom; and how they are to keep both. 120. About the grievous sinfulness of a man stealing back his ransom from foreigners, though it be his own son. 121. About the sinfulness of the governor (sardâr) of a province through any harm that occurs in the province owing to his elevation and evil commands.
122. About the existence of so many thieves assisting a thief with special ransom, and what kind of reward (navisnŏ) one is to use with thieves, to
deceive with great judiciousness. 123. About attaching to the neck of a thief the thing which was stolen by him, for his personal identification, and conducting him to the judges. 124. About the non-atonement of thieves, by any amount of anything whatever, without confession as regards their own sin. 125. About the assistance to possession which is claimed by any one from the authorities (padân), when his property is stolen or extorted.
126. About the grievous sinfulness and deceitfulness of many kinds which occur when a woman who is given away with her concurrence, and her acceptance is announced, is given to another man; and whatever is on the same subject. 127. About the unjustifiableness of the wisdom of a man, through which he took away property in dispute, from him who was ignorant, before there was certainty about it. 128. About making intercession in a dispute, for him who is ignorant, with the judge and other authorities and chiefs, even including the king of kings 1, when there is no intercessor for him. 129. About the reason of the fitness of a man for sovereignty, and the lodgment of Aûharmazd upon the limited (tang) person of him who is a good ruler.
130. About the five special ordinances (dâdistân) that are certain; these are without ordeal, because they are to be considered as certain, and the penalties thereof are to be fully inflicted. 131. About investigation after confession. 132. About squandering (nikizand) wealth of which the custom (dastôbar) of maintaining is begging for it. 133. About the progress (sakisnŏ) of legal proceedings not having
occurred, which is not demanded on account of the existence of want of power, and the number of kinds of that want of power. 134. About a woman without a guardian, when she takes a paramour, and whatever is on the same subject.
135. About bringing a written statement into judicial proceedings, and whatever is on the same subject. 136. About the sin of frightening any one from his place, when he shall move on account of that fright, and the amount of movement and harm which will come upon him therefrom. 137. The delivery back of that which is extorted from one's hands or keeping; that is, how it is to be considered as delivered.
138. About the obviousness of a minor adjudication from that which is greater. 139. About the extreme benefit and peace, even in this world, through a wife and children and grandchildren, and also the prosperity, as regards produce and even wealth thereby, taking away the disputes that arise. 140. About the grievous sinfulness of wealth acquired through unnatural intercourse 1, the annihilation of the spiritual faculties (maînôgânŏ). 141. About a decree in which the decision is of three descriptions, about three persons. 142. About a tree which, when stolen away, is the death-blow (mât) of a hundred pure birds (vâê), and a thousand birds arise.
143. About a sin which, owing to deceiving previously, has to increase (frâz mastanŏ) its extent, and to fully taste the extremest crime of a dagger
[paragraph continues] (dahrakŏ) of several of the smallest finger breadths. 144. About the sin of defiling four-footed females. 145. About keeping back one of the combatants from fighting, and whatever is on the same subject. 146. About counter-assaults of eight kinds, assault when an infidel shall commit it upon one of the good religion, and whatever is on the same subject. 147. About a counter-assault of a heretic (dûs-dênô) when an arch-heretic (sarîtar-dênô) is slain.
148. About not leaving any property in the keeping of one worthy of death. 149. About such numbers of abettors of sin being with the sinner, and whatever is on the same subjects. 150. About the injury of a plaint and defence, and the dwelling, property, and feast of the good, by that person who extols the presidentship which is given him, but who is not fit for the presidentship. 151. About the sinfulness of a judge when he shall make a decision for any one according to his origin. 152. About the grievous sinfulness of delivering the person of an Irânian to a foreigner, and whatever is on the same subject.
153. About the greatness of the gift of a righteous man, as compared with (min) the gift of another, for Rashnû 1, the just, to proclaim among the creatures and to accept. 154. This, too, that, when they encounter an apostate and it is necessary to hold a controversy, though there be danger for the hands or feet, or though even for the head, there is to be no refraining from asserting that which is true.
[paragraph continues] 155. This, too, that he who does not assert, on account of fondness for wealth, or dislike for his own people, vexes water and fire and the righteous man, and disturbs even the reposing archangels from their thrones.
156. About the grievous sinfulness of making the righteous dissevered (aûskâftakŏ). 157. About the bad properties produced by the evil spirit, adjudication attentive to lying evidence and false, in opposition to Rashnû, the just, and through discontent at the advantage due to Rashnû, owing to the impossibility of the occurrence of those mischiefs being produced at Rashnû's judgment seat, there where they do not give decisions for the wretched for the sake of the aristocratic multitude (âzâd hâvandîh râî). 158. And about the aristocratic multitude which comes to Rashnû owing to taking bribes, and went with a complaint to Aûharmazd, and whatever is on the same subject. 159. About a just judge who is appointed one of an assembly for the opposition of thieves, oppressors, and destroyers of the righteous.
160. About the possibility of the coming of every one, through diligence, to the best existence. 161. About the superiority (masîh) of true justice over (min) other good works, and the grievous sinfulness owing to false justice, and when they shall not deliver a sentence with a full understanding of the true from the false.
162. About solemnizing and learning by heart (narm kardanŏ) the Gâthas, the Hâdokht 1, and
the Vastag 1, through knowing the foundations (pâyakân) thereof; the sin owing to not knowing them, and whatever proceeds therefrom. 163. About the greatness of the law through decrees and judgments from other discourses (srôbân).
164. About property of seven kinds, of which one says that it is not allowable to take it as security for other property. 165. About ten friends with different assertions on the same subject.
166. And about the apportionment of this discourse there are complete decisions of several other kinds, and into those, too, it advances and thereby introduces much adjudication which takes heed, in every one, of words and deeds of many kinds, and is specifically and also intelligibly apportioned.
167. Perfect excellence is righteousness.
53:1 It is not clear whether these twenty-four particulars are to be sought in the details of § 1, or in the whole chapter, or some portion of it.
53:2 Merely a guess.
54:1 Compare Pers. bising, Av. fshaoni. In some cases it might perhaps be read pîkhvô, and be traced to Av. pithwa. The word often occurs, as in § 11, Chaps. XXIII, 3, 15, XXVI, 10, XXVII, 4, 6, XXXI, 25, 36, XXXVII, 5, 7, 22, XLI, 19, 23, XLIII, 19, and its meaning, 'provision, or nourishment,' is well ascertained.
55:1 One married to her husband with the parents’ consent, and never betrothed to another, so that she and her children belong to him in both worlds (see Bd. XXXII, 6 n).
56:1 The relative lengths of these five measures of distance are stated in Farh. Oîm, p. 41, ll. 9-11, as follows:—'So much as two Dashmêst (Av. dakhshmaiti) is as much as a Yûgyast (Av. yugyasti); so much as two Agoyôhast is as much as a Dashmêst; so much as two Takar is as much as an Agoyôhast; and so much as two Hâsar (Av. hâthra) is as much as a Takar (Av. takara).' As the average Hâsar is a Roman mile (see Chap. XIX, 54 n), the Takar ('run?') is two, the Agoyôst or Agoyôhast ('cattle-run?' p. 57 Av. gaoyaoiti?) is four, the Dashmêst ('distance-mark?') is eight, and the Yûgyâst ('stage?') is sixteen miles. This series of distances is analogous to the Sanskrit series, but more elaborate; the Hâsar is best compared with the Krosa as the commonest unit of moderate distance, though less than half its usual length; the Agoyôst is nearly the same as the Gavyûta; and the Yûgyâst is analogous to the Yogana, though nearly double its length.
57:1 That is, on the first or second day of the Parsi month; and to the other on the third day.
58:1 See § 11 n.
58:2 A slave no doubt.
58:3 This is the technical term for legal seizure, or sequestration (see Chap. XXXIX).
59:1 See Chap. XVII, 6.
60:1 Or it may be 'to provide supplies.'
60:2 See Chap. XIX, 47.
61:1 Pâz. aôganghen for Av. aoganghem = aoganghem (see also Chap. XLI, 17, 18).
62:1 The decision announced at the Kînvad bridge (see Chap. XIV, 8), as to the fate of the soul until the renovation of the universe, after the account of its good works and sins has been accurately balanced.
62:2 Farh. Oîm, p. 36, ll. 6, 7, has 'when through sinfulness one lays a weapon upon a sinner, the name is Aredûs.'
62:3 See Chaps. XVII, 6, XIX, 1.
62:4 Whereby a person becomes an outcast and worthy of death. According to Vend. IV, 67-72, 75-78, 81-84, this occurs on the eighth committal of an Âgêreptŏ, on the seventh of an Avôîristŏ, and on the sixth of an Aredûs; or on the first committal of any of the three, if the criminal refuses to atone for it.
63:1 Eighty minutes on the average (see Chap. XIX, 54 n), but varying from one hour to two, according to the duration of daylight.
63:2 That is, from the scriptural law and its commentary.
63:3 That is, according to precedents recorded by the priesthood.
64:1 This term is explained in an extract from some Nask (compare Chap. XLIII, 9) quoted in Farh. Oîm, pp. 17, l. 9-18, l. 5, as follows:—'Av. kô asti dkaêshô vivisdâtô, which is the judge who is acquainted with the law? Av. yô aêta pairi arethra frazânaiti, he who thoroughly understands the adjudication from the statements [even though he does not easily understand many of the statements, and though it be not easy as regards the statements which are not numerous, is an official who is acquainted with the law (kardâr-î âkâs-dâd); and he who does not thoroughly understand the adjudication from the statements, even though the statements are not numerous, and it be not easy for him as regards them, is to be still considered as unacquainted with the law (anâkâs-dâd)].'
64:2 Compare § 115.
65:1 The minimum and maximum grades of value mentioned in Chap. XIX, 47. Here it is evident that mîdat and mozd are synonyms, the former being, no doubt, the Zvâris, or Semitic, equivalent of the latter, compare Chald. מִדַּה.
65:2 Pahl. khâkûnîhâ, literally 'through making a dust.'
65:3 Or it may be 'of a man and a woman who is domineeringly plundered.'
66:1 That is, in some very easy way. The intention was probably to discourage petty disputes between man and wife, by not interfering with the stronger party when aggrieved.
67:1 See Chap. XVII, 6.
67:2 See § 65.
67:3 Reading dêv-vigîn which is miswritten
.
67:4 See Chap. XIX, 54 n.
67:5 A distance of four Hâsars (Bd. XVI, 7), or as far as a far-seeing man can distinguish a black ox from a white one (Bd. XXVI, 2). It is usually from 3½ to 4 English miles, but in Pahlavi texts it often stands for a Hâsar, or Roman mile, both being measures for long distances.
67:6 Or 'rations' (vâyagân).
68:1 Compare § 79.
69:1 In hell (compare AV. XL, 7).
69:2 Pahl. mar’zânân, which might be supposed to be a defective writing of margar’gânân, 'those worthy of death' (the two letters equivalent to rga being omitted), but see Chap. XXI, 13.
69:3 The MS. pâk is evidently a defective writing for navâk which is written correctly in the next clause of this section.
70:1 The Persian monarch.
71:1 Vâmkûnîh, compare Pers. bâmûn. It cannot be 'making loans, or money-lending,' because that would be spelt âvâmkûnîh.
72:1 The angel of justice who weighs the good works of the departed soul against its sins, in order to decide its fate till the end of time.
73:1 Here written Hâdôîtô; the name of the twentieth Nask (see Chap. XLV).
74:1 The name of the eleventh Nask (see Chap. XII).