FARGARD IV.

The Zend Avesta, Part I (SBE04), James Darmesteter, tr. [1880], at sacred-texts.com

Contracts and Outrages.

1-16. Contracts (see Introd. V, 17):--

2. Classification of contracts;

3-4. Damages for breach of contract;

5-10. Kinsmen responsible;

11-16. Penalties for breach of contract.

17-55. Outrages (see Introd. V, 18)

18-21. Menaces;

22-25. Assaults;

26-29. Blows;

30-33. Wounds;

34-36. Wounds causing blood to flow;

37-39. Broken bones;

40-43. Manslaughter;

46, 49 (bis)-55. False oaths.

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. III, 33). The right order of this chapter would, therefore, seem to be as follows: 1-16; 44-45 17-43; 46; 49 (bis)-55.

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I.

1. He that does not restore (a thing lent), when it is asked for back again, steals the thing; he robs the man ¹. 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 are six in number ³. The first is the word-contract ⁴; the second

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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 man ⁴ the sixth is the contract to the amount of a field ⁵, a field in good land, a fruitful one, in good bearing ⁶.'

II b.

3 (13). If a man make the word-contract a mere word ⁷, it shall be redeemed by the hand-contract; he shall give in pledge ⁸ the amount of the hand-contract.

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 ox-contract shall be redeemed by the man-contract; he

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shall give in pledge the amount of the man-contract. The man-contract shall be redeemed by the field-contract; he shall give in pledge the amount of the field-contract.

II c.

5 (24). O Maker of the material world, thou Holy One! If a man break the word-contract, how many are involved in his sin ¹?

Ahura Mazda answered: 'His sin makes, his Nabânazdistas ² answerable for the ³ three hundred-fold 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 Nabânazdistas answerable for the six hundred-fold atonement ⁴.'

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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 Nabânazdistas answerable for the seven hundred-fold atonement ¹!'

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 Nabânazdistas answerable for the eight hundred-fold atonement ².'

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 Nabânazdistas answerable for the nine hundred-fold atonement ³.'

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 Nabânazdistas answerable for the thousand-fold atonement ⁴.'

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

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with the Aspahê-astra, three hundred stripes with the Sraoshô-karana ¹.'

12 (39). O Maker of the material world, thou Holy One ¹ If a man break the hand-contract, what is the penalty that he shall pay?

Ahura Mazda answered: 'Six hundred stripes with the Aspahê-astra, six hundred stripes with the Sraoshô-karana ².'

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 Aspahê-astra, seven hundred stripes with the Sraoshô-karana ³.'

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 Aspahê-astra, eight hundred stripes with the Sraoshô-karana ⁴.'

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 Aspahê-astra, nine hundred stripes with the Sraoshô-karana ⁵.'

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?

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Ahura Mazda answered: 'A thousand stripes with the Aspahê-astra, a thousand stripes with the Sraoshô-karana ¹.'

III a.

17 (54). If a man rise up to smite a man, it is an Âgerepta ². If a man come upon a man to smite him, it is an Avaoirista. If a man actually smite a man with evil aforethought, it is an Aredus. Upon the fifth Aredus ³ he becomes a Peshôtanu ⁴.

18 (58). O Maker of the material world, thou Holy One! He that committeth an Âgerepta, what penalty shall he pay?

Ahura Mazda answered: ‘Five stripes with the Aspahê-astra, five stripes with the Sraoshô-karana; on the second Âgerepta, ten stripes with the Aspahê-astra, ten stripes with the Sraoshô-karana; on the third, fifteen stripes with the Aspahê-astra, fifteen stripes with the Sraoshô-karana.

19 (63). 'On the fourth, thirty stripes with the

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[paragraph continues] Aspahê-astra, thirty stripes with the Sraoshô-karana; on the fifth, fifty stripes with the Aspahê-astra, fifty stripes with the Sraoshô-karana; on the sixth, sixty stripes with the Aspahê-astra, sixty stripes with the Sraoshô-karana; on the seventh, ninety stripes with the Aspahê-astra, ninety stripes with the Sraoshô-karana.'

20 (67). If a man commit an Âgerepta for the eighth time, without having atoned for the preceding, what penalty shall he pay?

Ahura Mazda answered: 'He is a Peshôtanu: two hundred stripes with the Aspahê-astra, two hundred stripes with the Sraoshô-karana.'

21 (70). If a man commit an Âgerepta ¹ and refuse to atone for it ², what penalty shall he pay?

Ahura Mazda answered: 'He is a Peshôtanu: two hundred stripes with the Aspahê-astra, two hundred stripes with the Sraoshô-karana.'

22 (73). O Maker of the material world, thou Holy One! If a man commit an Avaoirista, what penalty shall he pay?

Ahura Mazda answered: ‘Ten stripes with the Aspahê-astra, ten stripes with the Sraoshô-karana; on the second Avaoirista, fifteen stripes with the Aspahê-astra, fifteen stripes with the Sraoshô-karana.

23 (75). 'On the third, thirty stripes with the Aspahê-astra, thirty stripes with the Sraoshô-karana; on the fourth, fifty stripes with the Aspahê-astra, fifty stripes with the Sraoshô-karana; on the fifth, seventy stripes with the Aspahê-astra, seventy

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stripes with the Sraoshô-karana; on the sixth, ninety stripes with the Aspahê-astra, ninety stripes with the Sraoshô-karana.'

24 (76). O Maker of the material world, thou Holy One! If a man commit an Avaoirista for the seventh time, without having atoned for the preceding, what penalty shall he pay?

Ahura Mazda answered: 'He is a Peshôtanu: two hundred stripes with the Aspahê-astra, two hundred stripes with the Sraoshô-karana.'

25 (77). O Maker of the material world, thou Holy One! If a man commit an Avaoirista, and refuse to atone for it, what penalty shall he pay?

Ahura Mazda answered: 'He is a Peshôtanu: two hundred stripes with the Aspahê-astra, two hundred stripes with the Sraoshô-karana.'

26 (79). O Maker of the material world, thou Holy One! If a man commit an Aredus, what penalty shall he pay?

Ahura Mazda answered: ‘Fifteen stripes with the Aspahê-astra, fifteen stripes with the Sraoshô-karana.

27 (81). 'On the second Aredus, thirty stripes with the Aspahê-astra, thirty stripes with the Sraoshô-karana; on the third, fifty stripes with the Aspahê-astra, fifty stripes with the Sraoshô-karana; on the fourth, seventy stripes, with the Aspahê-astra, seventy stripes with the Sraoshô-karana; on the fifth, ninety stripes with the Aspahê-astra, ninety stripes with the Sraoshô-karana.'

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?

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Ahura Mazda answered: 'He is a Peshôtanu: two hundred stripes with the Aspahê-astra, two hundred stripes with the Sraoshô-karana.'

29 (82). O Maker of the material world, thou Holy One! If a man commit an Aredus, and refuse to atone for it, what penalty shall he pay?

Ahura Mazda answered: 'He is a Peshôtanu: two hundred stripes with the Aspahê-astra, two hundred stripes with the Sraoshô-karana.'

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 Aspahê-astra, thirty stripes with the Sraoshô-karana; the second time, fifty stripes with the Aspahê-astra, fifty stripes with the Sraoshô-karana; the third time, seventy stripes with the Aspahê-astra, seventy stripes with the Sraoshô-karana; the fourth time, ninety stripes with the Aspahê-astra, ninety stripes with the Sraoshô-karana.'

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 Peshôtanu: two hundred stripes with the Aspahê-astra, two hundred stripes with the Sraoshô-karana.'

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 Peshôtanu: two hundred stripes with the Aspahê-astra, two hundred stripes with the Sraoshô-karana.'

34 (93). O Maker of the material world, thou Holy One! If a man smite another so that the

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blood comes, what is the penalty that he shall pay?

Ahura Mazda answered: 'Fifty stripes with the Aspahê-astra, fifty stripes with the Sraoshô-karana; the second time, seventy stripes with the Aspahê-astra, seventy stripes with the Sraoshô-karana; the third time, ninety stripes with the Aspahê-astra, ninety stripes with the Sraoshô-karana.'

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 Peshôtanu: two hundred stripes with the Aspahê-astra, two hundred stripes with the Sraoshô-karana.'

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 Peshôtanu: two hundred stripes with the Aspahê-astra, two hundred stripes with the Sraoshô-karana.'

57 (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 Aspahê-astra, seventy stripes with the Sraoshô-karana; the second time, ninety stripes with the Aspahê-astra, ninety stripes with the Sraoshô-karana.'

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 Peshôtanu:

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two hundred stripes with the Aspahê-astra, two hundred stripes with the Sraoshô-karana.'

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 Peshôtanu: two hundred stripes with the Aspahê-astra, two hundred stripes with the Sraoshô-karana.'

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 Aspahê-astra, ninety stripes with the Sraoshô-karana.'

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 Peshôtanu: two hundred stripes with the Aspahê-astra, two hundred stripes with the Sraoshô-karana.'

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 Peshôtanu: two hundred stripes with the Aspahê-astra, two hundred stripes with the Sraoshô-karana.'

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.

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II e ¹.

44 (118). If men of the same faith, either friends or brothers, come to an agreement together, that one may obtain from the other, either goods ², or a wife ³, or knowledge ⁴, 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 Aêthrapaitis ⁵ have said.

III b.

46 (128). Before the water and the blazing fire ⁶,

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[paragraph continues] 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 Zarathustra! 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 ⁴, by the worth of a sheep, by the worth of an ox, by the worth of a man.

49 (137). It is this man that can strive against the onsets of Astô-vîdhôtu ⁵; that can strive against

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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.

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49 (bis). . . . The very first time when that deed ³ has been done, without waiting until it is done again ⁴.

50 (143). Down there ⁵ 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 nail ⁶ 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.

53 052). Down there the pain or 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, golden ⁸, truth-knowing ⁹

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water with an appeal unto Rashnu ¹ and a lie unto Mithra ².

55 (156). 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 Aspahê-astra, seven hundred stripes with the Sraoshô-karana.'

Footnotes

34:1 'He 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.)

34:2 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.)

34:3 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.

34:4 The contract entered into by simple word of mouth. 'The immortal Zartust Isfitamân 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?"' (Gr. Rav. 94).

35:1 '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.

35:2 'Viz. to the amount of 3 istîrs in weight,' (Comm.) An istîr (στατήρ) is as much as 4 dirhems (δραχμή). On the value of the dirhem, see Introd. V, 22.

35:3 'To the amount of 12 istîrs (=48 dirhems),' (Comm.)

35:4 'To the amount of 500 istîrs (= 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.

35:5 'Upwards of 500 istîrs.'

35:6 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.

35:7 If he fail to fulfil it.

35:8 Or, 'as damages (?).'

35:9 'The breach of the hand-contract.'

36:1 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. Marcellinus: 'Leges apud eos impendio formidatae, et abominandae aliae, per quas ob noxam unius omnis propinquitas perit' (XXIII, 6).

36:2 The next of kin to the ninth degree.

36:3 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 Nabânazdistas 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 are 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' (Gr. Rav. 94).

36:4 See § 12. 'His soul shall abide for six hundred years in hell' (Gr. Rav. l. l.)

37:1 See § 13. 'His soul shall abide for seven hundred years in hell' (Gr. Rav. l. l.)

37:2 See § 14. 'His soul shall abide for eight hundred years in hell.'

37:3 See § 15. 'His soul shall abide for nine hundred years in hell.'

37:4 See § 16. 'His soul shall abide for a thousand years in hell.'

38:1 One tanâfûhr and a half, that is 1800, dirhems.

38:2 Three tanâfûhrs, or 3600 dirhems.

38:3 Three tanâfûhrs and a half, or 4200 dirhems.

38:4 Four tanâfûhrs, or 4800 dirhems.

38:5 Four tanâfûhrs and a half, or 5400 dirhems.

39:1 Five tanâfûhrs, or 6000 dirhems.

39:2 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 are better preserved than in the Zend definition itself:--

Âgerepta, 'seizing,' is when a man seizes a weapon with a view to smite another.

Avaoirista, 'brandishing,' is when a man brandishes a weapon with a view to smite another.

Aredus is when a man actually smites another with a weapon, but without wounding him, or inflicts a wound which is healed within three days.

39:3 Viz. on the sixth commission of it, as appears from § 28.

39:4 He shall receive two hundred stripes, or shall pay 1200 dirhems (see Introd. V, 19).

40:1 Even though the Âgerepta has been committed for the first time.

40:2 If he does not offer himself to bear the penalty, and does not perform the Patet (see Introd. V, 22).

45:1 We return here to contracts; the proper place of §§ 44-45 is after § 16.

45:2 The goods-contract is a general expression for the sheep, ox, and field-contracts (see above, § 2).

45:3 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 Parsees, p. 77; cf. 'A Bill to Define and Amend the Law relating to Succession, Inheritance, Marriage, &c.,' Bombay, 1864).

45:4 The contract between pupil and teacher falls into the same class (the man-contract, see p. 35, n. ⁴).

45:5 A teaching priest (Parsi Hêrbad).

45:6 Doubtful. This clause is intended, as it seems, against false p. 46 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. III, 34, one comes to § 50, in which the penalty for a false oath is described.

46:1 'In Persia there are 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 18; 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.

46:2 Or, 'with Vôhu Manô,' who is at the same time the god of good thoughts and the god of cattle (see Introd. IV, 33).

46:3 '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).

46:4 A dirhem.

46:5 See Introd. IV, 26.

47:1 See Introd. IV, 26.

47:2 See Introd. III, 10.

47:3 The taking of a false oath.

47:4 See Introd. V, 18.

47:5 In hell.

47:6 Doubtful.

47:7 Doubtful.

47:8 The water before which the oath is taken contains some incense, brimstone, and one danak of molten gold (Gr. Rav. 101).

47:9 Doubtful. Possibly 'bright.'

48:1 The god of truth. The formula is as follows: '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 an), of the things created by Ormazd' (l. l. 96).

48:2 See Introd. IV, 8. He is a Mithra-drug, 'one who lies to Mithra.'

48:3 In this world.