Pahlavi Texts, Part IV (SBE37), E.W. West, tr. , at sacred-texts.com
1. The fourth section, which is also called the law of the Hamêmâlistân ('accuser's code'), contains particulars about accusation, and about the false
accusation by any one, regarding any other, as to witchcraft, destroying a righteous man 1, theft, plunder, injuring the existence, minor injury 2 as regards several particular things, taking up a weapon, threatening with it 3, assault, tumult 4, incarcerating 5, false teaching, fettering, making dejected (nigûnŏ), giving no food, falsehood, speaking with wizard's spells, or with threats of danger, abstracting
the increase of labourers wages, wishing to cut (vurîdanŏ) and squeeze (pashkhâdanŏ) anything from any one, and seizing (magîdanŏ) it for fire and water, and whatever is on the same subject. 2. Also about the limitation of the accusation of sin therein, the retribution for it, and the dust, or ashes, or flour, for the eyes and the rest of the bodies of human beings, it now 1 speaks henceforth for thirty successive heads 2.
3. About the sin of making people eat bodily refuse 3, and bringing it unlawfully to their persons or clothes; and of going to a menstruous woman, or a wizard. 4. About a juvenile and well-behaved woman who comes out from a house of those of the good religion, and is considered as well taught. 5. About falsehood and slander, small and great, and whatever is on the same subject. 6. About the care of a pregnant woman in lawful reclining (khapâk), feasting (gashnŏ), and work.
7. About a householder who does not teach his own household, in order to teach the household of another; and whatever is on the same subject. 8. About a quiet and an unquiet person with equal opinionativeness, and the opinion which they have to form before beginning. 9. About the expediency or inexpediency of the opinion which is announced, and the reason of both. 10. About the man who, for fear of a counter-assault, runs away.
11. Also about not renouncing sin, neglecting complaints, and whatever is on the same subject.
[paragraph continues] 12. The difference of sin in priests from that in any one else, as regards its renunciation. 13. About the expediency of retribution, and the measure of the expediency. 14. About and to what extent is the authority of one's own priestly master, for allowing the sin which any other person may commit as regards a disciple of that same, and that, too, of his disciple affecting the soul.
15. About the chastisement of a judge who is releasing sinners, and whatever is on the same subject. 16. About the justifiableness of a plaintiff in committing illegality. 17. About seizing the purity produced for foreigners, and whatever is on the same subject. 18. About one worthy of death making supplication (lâvakŏ), co-operation with one worthy of death, and whatever is on the same subject. 19. About confession as regards anything, the object of confession, and whatever is on the same subject. 20. About exhibiting a liking for sin worthy of death.
21. About a blow with a weapon, which is incomplete or not incomplete, when adults or children shall inflict it, or when children with mutual assistance. 22. About a wounded person whose anguish was allayed by medicine, the arising of the anguish again from disease, when he died, and whatever is on the same subject.
23. About taking security (garôbŏ) from the defendant after the decree of the judges. 24. About the legal proceedings as to an offence when, owing to the incapability of the plaintiff, adjournment has always occurred, and a man would occasion an acceleration of the statement of law (dâdŏ vâk) and of the procedure of the plaintiff. 25. About appointing
a mediator (dâdak-gôbŏ), and the object of mediation.
26. About an assault (zatam) which is altogether of furious (pûr-tâk) origin. 27. And about a harmless (âzad) assault and striking back fairly to test a weapon, and, when it is not possible fairly, turning it into execution of duty, or giving of scars (pisangdas), or punishment; a statement of the change, and whatever is on the same subject. 28. About the limit of the punishment of a child for the sin it may commit. 29. About seeking an interpretation (pâdŏ-khân), the limit of interpreting, and whatever is on the same subject. 30. As regards a signal of approving the words of any one, on passing away, are these:About giving up anything, making a will about it, and renunciation of sin.
31. About committing an assault upon an unknown person at an indefinite time, and whatever is on the same subject. 32. About giving a weapon and telling some one to kill a foreigner who is taken for judicial investigation, and whatever is on the same subject. 33. About the great hinderers 1 who are slain by a righteous man, who the great hinderers are, and unto whom it occurs; when one has to command it as assistance for one or many, or they shall commit the assault in advance or afterwards, and whatever is on the same subject. 34. About the weapon they shall seize it is stated thus: 'I see a man and a sheep, I strike upon this and upon that, and it is gone:' and whatever is upon the same subject.
35. About petitioning, and the going of a frontier governor (marzpân) to the feet of tyrants (sâstârânŏ) to speak of regulations, and whatever is on the same subject. 36. Where and when one strikes a living person he vexes him, and the living person he strikes vexes him when dead; but he who strikes a dead person is vexed alive, and the dead person he strikes vexes him when dead; and whatever is on the same subject.
37. As to wood and useless pith (dîl), that which is for keeping is as far as a dimension that is mentioned, and one, therefore, passes it by not to burn; concerning also that wood which is only for the blast of a furnace (gûrîh zîgâ) as firewood, the burning and dimensions and blast of the furnace are stated, and whatever is on the same subject. 38. About the sin through which a man attains from atonement to the sacred-twig ordeal (baresmôk-varîh), and from the sacred-twig ordeal to the heat ordeal (garemôk-varîh) which has maintained the worthiness of an assault that is an actual inexcusability (akârîh) 1 to reasoning thought; and whatever is on the same subject.
39. About the excellence of physicians, their merit from doing good, and sin from not doing good; the quality that exists as regards medicines, seeking a physician for animals also, and whatever is on the same subject. 40. About a horse, which is new to the saddle (kôfak), being made tailless (kapk) and not feeding (akhavânŏ), how it is done, the sin owing to doing it unlawfully and heedlessly, the
wound and damage that arise from it, and whatever is on the same subject.
41. About several persons, when anything that is imperfect, or even not imperfect, as a weapon is convenient to them, and a wound occurs, and it is not evident which, or who, threw the weapon, it is not necessary to know its imperfection or lack of imperfection 1; and whatever is on the same subject. 42. About the three modes for thrusting a weapon are these details, that is, so much of it when one thrusts it on ground that is hard, or soft, or full of ruggednesses (âkârîgânakŏ); when one shall bear it up aloft, and the amount of the height; and when one impels it again with a sweep, or has to draw up its centre at the time of a sweep; and whatever is on the same subject. 43. About an assault and the most hurtful occasion when, for the same reason, they would celebrate a religious rite; the retribution on the spot, and the sentence upon the fourth occasion 2.
44. About incarcerating (handerêtŏ) in a frightful and inaccessible (avidarg) place, and among noxious creatures; the quantity of noxious creatures, and whatever is on the same subject. 45. About grasping the tail of an ox, or a horse, on which another sits, to hold it back, and whatever is on the same subject. 46. About threatening danger,
wizard's spells 1, and whatever is on the same subject.
47. About plaints as to the value of a lamb 2, or a sheep 3, or a beast of burden (stôr), or a human being (vîrôk) 4; either when the plaintiffs are one, or two, or three, or four, or many; how one has to summon the defendant, and how much time there is. 48. About when the controversy (han-bêshinîh) is as to theft (dûgô), and the confession as to plunder (avor); or the controversy is as to plunder, and the confession as to theft; and when the controversy is as to injuring the existence 5, and the confession as to minor injury; or the controversy is as to minor injury, and the confession as to injuring the existence; and when the controversy is as to theft and plunder, and the confession as to injuring the existence and minor injury; or the controversy is as to injuring the existence and minor injury, and the confession as to theft and plunder. 49. And when the controversy is about so much, and the confession about so much of a different kind; when the controversy is about so much, and the confession about more of a different kind; when the controversy is about so much, and the confession about less of a different kind; when the controversy is about so much, and the confession as to more of the same kind; and whatever is on the same subject.
50. About the sin of unfriendliness of a master towards a disciple, and whatever is on the same subject. 51. About taking a thief of any one's goods (aîsîgânŏ), conducting him to the judges, and whatever is on the same subject. 52. This, too, that when affliction has come upon a good man, the effort of every one, for removing that affliction, should continue just as though it happened to himself. 53. And when a good man is beaten through malice, the effort of every one, in demanding compensation for him from the smiter, should continue just as though it happened to himself. 54. And this, too, that, when there is no danger for one, the power of affording assistance is thus assistance of the innocent; and, as to the property which may be carried away from him, and of which they shall make no restitution, after as much as a Hâsar 1 the carrier off becomes guilty and liable to penalty.
55. About the distinction of indigenous and foreign (aîr va-an-aîr) thieves as to cold and the clothing given, and as to sickness and undergoing remedies. 56. About the hands of a foreigner being unfettered for no other reason but care of water and fire, to
preserve them from blood, filth, and injury (âsipŏ). 57. About the sin of not restraining him who is the first assailant of two combatants, as soon as his attack is seen. 58. About teaching the peace of renunciation of sin, the bond of worthiness of him of great power even when proffering union in renunciation with him of little power, and whatever is on the same subject.
59. On the nature of responding about the keeping away from one worthy of death which arises through great judiciousness, the reason of keeping, how to keep, and whatever is on the same subject. 60. And on the nature of responding when they ask in malice about a righteous man, when one knows his whereabouts, and when one does not know. 61. About how one is to give a weapon to generals (hên-gô-padânŏ) and august frontier governors.
62. About authorisedly shooting an arrow at one worthy of death, which is given again for killing him to any one unto whom the person worthy of death is consigned and becomes supplicating (lânakŏ) and goes to the middle of the distance, and they shall afford him assistance and enervate him for it, when, through the three words 1 which he utters, they do not deliver him up again. 63. About one worthy of death who is preserved with great judiciousness when the evidence, which they give before that about him, is through another one worthy of death, and whatever is on the same subject. 64. About evidence as to witchcraft and destroying a righteous man, that is, in what proportion
it is certain or doubtful. 65. About causing the execution of one worthy of death for entertaining fondness for witchcraft and laughing at witchcraft, and whatever is on the same subject.
43:1 These three modes are expressed by Pâz. ithrih, hidhih, and apavarâvarstih, which stand evidently for the original Avesta words ithra, hadha, and apaurvavarsta (see Chap. XXI, 6).
43:2 See § 2.
44:1 Pahl. aharûbŏkîh (= Av. ashavagha) must not be confounded with aharûbŏîh, 'righteousness,' for which aharâyîh is more commonly used.
44:2 These two kinds of injury, usually written bâîôdôk-zêdŏ and kâîtyôk-gadŏ in the Dinkard, are mentioned in Farh. Oîm, pp. 32, l. 8-34, l. 2, as follows:'Av. baodhagad = Pahl. bôdô-zêd and Av. baodhô-varstahê = Pahl. bôdôk-varst are as it were "observantly assaulted," and one mentions them most about the assault and injury of anything which is noticeable. Through falsehood other noticeable sin is small, and is subdued through being devoid of an injurer, as the assault and injury of anything through wear is a small sin. Kâîtyô-ged is a sin for mankind, which is a degree of Bôdôk-zêd, but less; so also the decree (dastînak) is different from Bôdôk-varst. The principal Bôdôk-zêd, that of animals with observance, the Bôdôk-zêd through wear, and the Kâîtyôk-zêd sin towards people are sins which are hamêmâlân ("affecting accusers"). The dissipating weapon for sin dissipates the sinfulness of the other sin, which is called rûbânîk ("affecting the soul").'
44:3 These two terms are âgêreptŏ and avôîristŏ (Av. âgereptem and avaoiristem) which are thus described in Farh. Oîm, p. 36, ll. 4-6: 'âgerept, "seized," is that when they shall take up a weapon for smiting an innocent person; avoîrist, "turning," is that when one turns the weapon upon an innocent person.'
44:4 See Chap. XVII, 6, for some of these terms.
44:5 Pahl. handerêtŏ which is thus described in Farh. Oîm, pp. 34, l. 8-35, l. 1: 'Av. handereiti, Pahl. handeretŏ, is that when, owing to negligence, one keeps any one exhausted; when one would make him fallen who is of the ruined, or him who is a master of arms, and has imprisoned him, the causing of much anguish thereby is the committal of incarceration.' See also § 44.
45:1 Pâz. knîn (= knûn).
45:2 Of which the details are not mentioned.
45:3 Pahl. hîkhar (Av. hikhra) is any refuse or dirt from the living body, or any liquid exudation from a corpse.
47:1 Doubtful: the word can be read freh-gasîgân on its first occurrence, and freh-gasîgânŏ on its last; but both reading and meaning are very uncertain.
48:1 It might be 'inevitability,' but this would render the ordeal unnecessary.
49:1 The fact of the wound being sufficient to prove the unlawfulness of using the weapon.
49:2 According to Vend. IV, 35, if a man wounds another so that the blood comes, and does this for the fourth time, he becomes an outcast and receives the maximum punishment. Also, when a person walks without the sacred girdle or shirt (Vend. XVIII, 59), it is at the fourth step that the demons possess him.
50:1 See Chap. XVII, 6.
50:2 Pahl. Av. asperenô (=Pahl. anaspôrîk) 'imperfect, immature;' an epithet for a lamb or kid.
50:3 Pahl. anûmôyê (Av. anumaya), probably 'bleater,' an epithet for a sheep or goat.
50:4 These four grades of value are mentioned in Vend. IV, 48.
50:5 See § 1.
51:1 A Hâsar (Av. hâthra) is a measure of distance, as well as of time. This is stated in Farh. Oîm, pp. 41, l. 11-42, l. 3, thus:'Of the Hâsar there are also several kinds that express measurement. A medium Hâsar on the ground, which they call also a Parasang, is a thousand steps of two feet which have to walk. With the lapse of time of a medium Hâsar the day and night are computed.' Again, p. 43, ll. 1-3 state that 'of twelve Hâsars is the longest day; that day and night in which is the longest day are twelve of the longest Hâsars, eighteen of the medium, and twenty-four of the least.' From this it appears that an average Hâsar of distance is a thousand paces, or Roman mile; and an average Hâsar of time is one hour and twenty minutes.
52:1 Possibly hûmat, hûkht, hûvarst, 'good thoughts, good words, and good deeds,' which would be accepted as a sign of repentance.