Pahlavi Texts, Part IV (SBE37), E.W. West, tr. , at sacred-texts.com
I. One section is the Hakîdakânistân ('code of sequestrations'), particulars about a statement of seized property, the retention thereof, and how was the confinement of that which was animate; how it is when one keeps it in a shepherd's-dog's care, and how it is when in the sequestrator's care (hakîdakŏdârîh). 2. And when it is a seized horse of the warriors, how to keep it when it is not possible to retain it in confinement of any kind, and the damage which has arisen therefrom; what is the danger to occasion by it, how it is when the shelter (srâyisnŏ) 1 is on all sides, and how it is when on one side; while the trust, when there is shelter, is in the extent of the shelter, how much and of what kind is the shelter. 3. When it is a seized beast of burden, after its coming into the possession of the sequestrator (hakîdak-dâr), for how long he has to order work for the reasoning thought of the herdsman, and how is that of the sequestrator, in like manner, before he quite attains to his share; even through his own reasoning thought the work is authorisedly ordered, and how and in what manner is the ordering of his work. 4. And when the seized animal has offspring, in what mode he has to milk it, as well as the nourishment of the young, and whatever is on the same subject; also the sin owing to doing it unlawfully.
5. About the sequestrator when the beast of burden seized comes into his possession, how it is
when its special reputation is altered, and how it is when it comes with utility and advantage for him. 6. About the seizer's keeping a sheep, which is seized, in his flock; that is, how the custom is produced, owing to its milk being for the sacred feast, and the notification of the feasts is owing to the seized 1 sheep; when, too, it is not possible to keep it in the flock, what is the mode of confining it; and when it is not possible to keep it in confinement, what he has to do with it. 7. About the wool of a sheep which is seized; that is, how it is when the shearing is even before the various times specified, and the sin of shearing when it is before the time specified, or one shears when there is no reason for shearing. 8. About the lambing (gurûsîdŏ) of the sheep seized, and the sin owing to its not lambing.
9. About sheltering (srudanŏ) 2 the seized animal in the most public place in a house, village, community, or province. 10. About the sin of the shepherd when, without saving it for the sequestrator, and through the guilelessness of the sequestrator, he shall carry away a female; and the sin which is owing to the offence as regards unlawfully beating and wounding it, before it is seized for the buyers of meat (khûr-kharânŏ), and other offences regarding it. 11. About the time appointed, between the shepherd and the sequestrator, for leading and bringing the female, belonging to the sequestrator, to the place for which the time is appointed; in the case when the shepherd arrives and the sequestrator does
not, how that which belongs to the sequestrator is to come into the possession of the sequestrator, and when; when it is the sheep or beast of burden of a sequestrator 1, how it is to come into the possession of that sequestrator; when the sheep or beast of burden which is seized dies in the possession of the sequestrator, how and how long he has to shelter (srûdan) the young ones (gurûs) and wool of the same several sheep; and the sin when he does not shelter them, or does it otherwise.
12. About a sheep 2 which is mingled among the flock of any one that is in sequestration, how it is when the shepherd, and how it is when the shepherd's dog, is its own; and when it is mingled among any flock owing to sequestration, how it is when the shepherd, and how it is when the shepherd's dog, [who is its own] 3 goes to another flock; how it is when the first flock-owner, and how it is when the second, is its own. 13. About the killing of a seized sheep by a shepherd's dog for necessary provisions; that is, how it is allowable, and in what mode it is to be done.
14. About him unto whom the sheep or beast of burden which is seized is delivered when it comes into a district; and the sequestrator's informing the governor of the district, in whose herd the sheep or beast of burden which is seized remains, as to the species, colour, and form of it 4. 15. Watching over
a man with sheep, who is in a disabled state of illness owing to a wound received in his duty as regards slaughtering; the case when he is concealed from a passer-by (amat nîhân min vidâr) and there is protection, when he is an eater and there is no protection, when he is not eating and there is protection, and when he is not eating and there is no protection.
16. About the distraction 1 of a sequestrator as regards a sheep or beast of burden which is seized, when it is one out of four varieties 2, and when one out of three; when he nourishes it for half a year, and when for the duration of a year; when that which he obtains is a young one, and when that which he obtains is large, where and what is a shelter for it, and, as to the care of it, how it is when in a grain vault (kigârakŏ-1), and when it is under a tree; how it is when in a damaged cellar (varkhŏ-1-î kûstakŏ), and how it is when in a cage (pangar-1) which is not incomplete, but is broken, or is not incomplete and is sound, or is complete and sound.
17. About treasure which they find in the surroundings of a dwelling, and that which they find within the limits of the dwelling of any one. 18. About buried treasure when it is found by the side of a
road, and the ground is hard, how it is when it is one finger-breadth below, and how it is when it is two finger-breadths; as well as (ham-gûn) when the ground is soft, how it is when it is two finger-breadths below, and how it is when it is three finger-breadths. 19. When it is found within the road, and the ground is hard, how it is when it is two finger-breadths below, and how it is when it is three finger-breadths; and when the ground is soft, how it is when it is three finger-breadths below, and how it is when it is four finger-breadths. 20. When it is in an ascent or descent, there where one turns out from the road, and the ground is hard, how it is when it is below up to the instep 1, and how it is when it is up to the middle of the leg (patîstân) 2; and if soft, how it is when it is below up to the middle of the leg, and how it is when it is up to the knee. 21. When it is in a stream of water, and the ground is hard, how it is when it is below up to the knee, and how it is when it is up to mid-thigh; and when the ground is soft, how it is when it is below up to mid-thigh, and how it is when it is up to the testicles. 22. When it is in a ford through the water, and the ground is hard, how it is when it is below up to the testicles, and how it is when it is up to the navel; and when the ground is soft, how it is when it is below up to the navel, and how it is when it is up to the mouth. 23. And when it is in a kitchen (âskhânŏ), the middle of a garden (van), or a sheepfold (pâh-hastŏ); that is, how it is when it is not a permanent residence (afrâz-mânisnŏ) of anybody,
and how it is when it is a permanent residence 1.
24. About him who nourishes a sheep which is seized; that is, how it is when it is out of his store, and how it is when he nourishes it as it arrives. 25. About a dispute as regards a sheep that is seized, when one person says it was born of the colour of the mother, and another one says it was of her form 2, both being true; or one person mentions a single characteristic truly, and another one mentions many characteristics of it untruly; the cases when they mention its peculiarities otherwise, and in what manner and whatever is on the same subject. 26. About a sheep 3 seized, which has to pass on through the loftiest places in which there is lawfully shelter; and how there are three years, three existences (ahvôn), three places, nine occasions, and also many other regulations on the same subject.
131:1 Av. thrâ.
132:1 Instead of hakîdakŏ, 'seized,' the MS. has the very similarly written word avêzakŏ, 'pure.'
132:2 Compare srâyisnŏ in § 2, and srûdan in § 11.
133:1 Perhaps another sequestrator is meant.
133:2 The first case seems to be that of an unseized sheep in a seized flock, and the second that of a seized sheep in an unseized flock.
133:3 The words in brackets are supplied by guess, to fill up a blank space left by the repairer of the MS. on one of his patches.
133:4 Reading va-darand-î denman.
134:1 Reading hâzakŏ, but it is possibly a contracted form of ayâvakŏ, 'gain.'
134:2 If it were allowable to omit this word, âyûînakŏ, 'variety,' and to substitute 'gain' for 'distraction,' the sentence would stand as follows:'About the gain of a sequestrator as regards a sheep or beast of burden which is seized, when he nourishes it for one-fourth, when for one-third, when for half a year, and when for the duration of a whole year.' This seems more intelligible than the text as it stands in the MS.
135:1 Supposing that Pâz. âavad is intended for âfrapad.
135:2 That is, up to the shin.
136:1 The utility of these minute details was probably to determine how long the treasure had been buried, and for what purpose, and whether there was any possibility of the rightful owner being still alive.
136:2 Reading darand-î denman.
136:3 Supposing that pês stands for pâh.