Contracts and Outrages

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). How 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.

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.

I a.

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 flies from the depths of the vale to the top of the mountain: it flies to some one of the trees there, of the hard-wooded 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 pay 1?

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 Peshôtanus 2, shut out from the way of holiness, whose souls will cry and wail 1! so numberless are the beings that die upon the face of the earth.’

I b. 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 Peshôtanus, 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?

Ahura Mazda answered: ‘Water kills no man: Astô-vîdhôtu 1 ties the noose around his neck, and, thus tied, Vaya 2 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 there 5.’

II b. 9 (29). O Maker of the material world, thou Holy One! Does fire kill?

Ahura Mazda answered: ‘Fire kills no man: Astô-vîdhôtu 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 there 6.’

10 (34). O Maker of the material world, thou Holy One! If the summer is past and the winter has come, what shall the worshippers of Mazda do 7?

Ahura Mazda answered: ‘In every house? in every borough 1, they shall raise three small houses for the dead 2.’

11 (37). O Maker of the material world, thou Holy One! How large shall be those houses for the dead?

Ahura Mazda answered: ‘Large enough not to strike the skull, or the feet, or the hands of the man, if he 3 should stand erect, and hold out his feet, and stretch out his hands: such shall be, according to the law, the houses for the dead.

12 (41). ‘And they shall let the lifeless body lie there, for two nights, or for three nights, or a month long, until the birds-begin to fly 4, the plants to grow, the floods to flow, and the wind to dry up the waters from off the earth 5.

13 (44). ‘And as soon as the birds begin to fly, the plants to grow, the floods to flow, and the wind to dry up the waters from off the earth, then the worshippers of Mazda shall lay down the dead (on the Dakhma) his eyes towards the sun.

14 (46). ‘If the worshippers of Mazda have not, within a year, laid down the dead (on the Dakhma), his eyes towards the sun, thou shalt prescribe for that trespass the same penalty as for the murder of one of the faithful. And there shall it lie until the corpse has been rained on, until the Dakhma has been rained on, until the unclean remains have been rained on, until the birds have eaten up the corpse.’

IV. 15 (49). O Maker of the material world, thou Holy One! Is it true that thou, Ahura Mazda, sendest the waters from the sea Vouru-kasha 1 down with the wind and with the clouds?

16 (51). That thou, Ahura Mazda, makest them flow down to the corpses 2? that thou, Ahura Mazda, makest them flow down to the Dakhmas? that thou, Ahura Mazda, makest them flow down to the unclean remains? that thou, Ahura Mazda, makest them flow down to the bones? and that then thou, Ahura Mazda, makest them flow back unseen? that thou, Ahura Mazda, makest them flow back to the sea Pûitika 3?

17 (53). Ahura Mazda answered: ‘It is even so as thou hast said, O righteous Zarathustra! I, Ahura Mazda, send the waters from the sea Vouru-kasha down with the wind and with the clouds.

18 (55). ‘I, Ahura Mazda, make them stream down to the corpses; I, Ahura Mazda, make them stream down to the Dakhmas; I, Ahura Mazda, make them stream down to the unclean remains; I, Ahura Mazda, make them stream down to the bones; then I, Ahura Mazda, make them flow back unseen; I, Ahura Mazda, make them flow back to the sea Pûitika 1.

19 (56). ‘The waters stand there boiling, boiling up in the heart of the sea Pûitika, and, when cleansed there, they run back again from the sea Pûitika to the sea Vouru-kasha, towards the well-watered tree 2, whereon grow the seeds of my plants of every kind by hundreds, by thousands, by hundreds of thousands.

20(60). ‘Those plants, I, Ahura Mazda, rain down upon the earth 2, to bring food to the faithful, and fodder to the beneficent cow; to bring food to my people that they may live on it, and fodder to the beneficent cow.’

V 21 (63). ‘This 1 is the best of all things, this is the fairest of all things, even as thou hast said, O righteous Zarathustra!’

With these words the holy Ahura Mazda rejoiced the holy Zarathustra 2: ‘Purity is for man, next to life, the greatest good 3, that purity that is procured by the law of Mazda to him who cleanses his own self with good thoughts, words, and deeds 4.’

22 (68). O Maker of the material world, thou Holy One! This law, this fiend-destroying law of Zarathustra, by what greatness, goodness, and fairness is it great, good, and fair above all other utterances?

23 (69). Ahura Mazda answered: ‘As much above all other floods as is the sea Vouru-kasha, so much above all other utterances in greatness, goodness, and fairness is this law, this fiend-destroying law of Zarathustra.

24 (70). ‘As much as a great stream flows swifter than a slender rivulet, so much above all other utterances in greatness, goodness, and fairness is this law, this fiend-destroying law of Zarathustra.

‘As high as the great tree 5 stands above the small plants it overshadows, so high above all other utterances in greatness, goodness, and fairness is this law, this fiend-destroying law of Zarathustra.

25, 26 (73-81). ‘As high as heaven is above the earth that it compasses around, so high above all other utterances is this law, this fiend-destroying law of Mazda.

‘Therefore, when the Ratu has been applied to 1 when the Sraoshâ-varez has been applied to 2; whether for a draona-service 3 that has been undertaken 4, or for one that has not been undertaken 5; whether for a draona that has been offered up, or for one that has not been offered up; whether for a draona that has been shared, or for one that has not been shared 6; the Ratu has power to remit him 1/3 of the penalty he had to pay 1: if he has committed any other evil deed, it is remitted by his repentance; if he has committed, no other evil deed, he is absolved by his repentance for ever and ever 2.’

VI. 27 (82). O Maker of the material world, thou Holy One! If there be a number of men resting in the same place, on adjoining carpets, on adjoining pillows, be there two men near one another, or five, or fifty, or a hundred, close by one another; and of those people one happens to die; how many of them does the Drug Nasu envelope with infection, pollution, and uncleanness 3?

28 (86). Ahura Mazda answered: ‘If the dead one be a priest, the Drug-Nasu rushes forth 4, O Spitama Zarathustra! she falls on the eleventh and defiles the ten 5.

‘If the dead one be a warrior, the Drug Nasu rushes forth, O Spitama Zarathustra! she falls on the tenth and defiles the nine.

‘If the dead one be a husbandman, the Drug Nasu rushes forth, O Spitama Zarathustra! she falls on the ninth and defiles the eight.

29 (92). ‘If it be a shepherd’s dog, the Drug Nasu rushes forth, O Spitama Zarathustra! she falls on the eighth and defiles the seven.

‘If it be a house dog, the Drug Nasu rushes forth, O Spitama Zarathustra! she falls on the seventh and defiles the six.

30 (96). ‘If it be a Vohunazga dog 1, the Drug Nasu rushes forth, O Spitama Zarathustra! she falls on the sixth and defiles the five.

‘If it be a young dog 2, the Drug Nasu rushes forth, O Spitama Zarathustra! she falls on the fifth and defiles the four.

31 (100). ‘If it be a Sukuruna dog 3, the Drug Nasu rushes forth, O Spitama Zarathustra! she falls on the fourth and defiles the three.

‘If it be a Gazu dog 4, the Drug Nasu rushes forth, O Spitama Zarathustra! she falls on the third and defiles the two.

32 (104). ‘If it be an Aiwizu dog, the Drug Nasu rushes forth, O Spitama Zarathustra! she falls on the second and defiles the next.

‘If it be a Vîzu dog, the Drug Nasu rushes forth, O Spitama Zarathustra! she falls on the next, she defiles the next.’

33 (108). O Maker of the material world, thou Holy One! If it be an Urupi dog 1, how many of the creatures of the good spirit does it directly defile, how many does it indirectly defile in dying?

34 (110). Ahura Mazda answered: ‘An Urupi dog does neither directly nor indirectly defile any of the creatures of the good spirit, but him who smites and kills it; to him the uncleanness clings for ever and ever 2.’

35 (113). O Maker of the material world, thou Holy One! If the dead one be a wicked, two-footed ruffian, an ungodly Ashemaogha 3 how many of the creatures of the good spirit does he directly defile, how many does he indirectly defile in dying?

36 (115). Ahura Mazda answered: ‘No more than a frog does whose venom is dried up, and that has been dead more than a year 4. Whilst alive, indeed, O Spitama Zarathustra! that wicked, two-legged ruffian, that ungodly Ashemaogha, directly defiles the creatures of the good spirit, and indirectly defiles them.

37 (119). ‘Whilst alive he smites the water 1; whilst alive he blows out the fire 2; whilst alive he carries off the cow 3; whilst alive he smites the faithful man with a deadly blow, that parts the soul from the body 4; not so will he do when dead.

38 (120). ‘Whilst alive, indeed, O Spitama Zarathustra! that wicked, two-legged ruffian, that ungodly Ashemaogha, never ceases depriving the faithful man of his food, of his clothing, of his house, of his bed, of his vessels 5; not so will he do when dead.’

VII. 39 (122). O Maker of the material world, thou Holy One! When into our houses here below we have brought the fire, the baresma, the cups, the Haoma, and the mortar 6, O holy Ahura Mazda! if it come to pass that either a dog or a man dies there, what shall the worshippers of Mazda do?

40 (125). Ahura Mazda answered: ‘Out of the house, O Spitama Zarathustra! shall they take the fire, the baresma, the cups, the Haoma, and the mortar; they shall take the dead one out to the proper place 7 whereto, according to the law, corpses must be brought, to be devoured there.’

41 (128). O Maker of the material world, thou Holy One! When shall they bring back the fire into the house wherein the man has died?

42 (129). Ahura Mazda answered: ‘They shall wait for nine nights in winter, for a month in summer, and then they shall bring back the fire to the house wherein the man has died.’

43 030. O Maker of the material world, thou Holy One! And if they shall bring back the fire to the house wherein the man has died, within the nine nights, or within the month, what penalty shall they pay?

44 (134). Ahura Mazda answered: ‘They shall be Peshôtanus: two hundred stripes with the Aspahê-astra, two hundred stripes with the Sraoshô-karana.’

VIII. 45 (135) 1. O Maker of the material world, thou Holy One! If in the house of a worshipper of Mazda there be a woman with child, and if being a month gone, or two, or three, or four, or five, or six, or seven, or eight, or nine, or ten months gone, she bring forth a still-born child, what shall the worshippers of Mazda do?

40 (139). Ahura Mazda answered: ‘The place in that Mazdean house whereof the ground is the cleanest and the driest, and the least passed through by flocks and herds, by Fire, the son of Ahura Mazda, by the consecrated bundles of baresma, and by the faithful;’–

47 (143). O Maker of the material world, thou Holy One! How far from the fire? How far from the water? How far from the consecrated bundles of baresma? How far from the faithful?

48 (144). Ahura Mazda answered: ‘Thirty paces from the fire; thirty paces from the water; thirty paces from the consecrated bundles of baresma; three paces from the faithful;–

49 (145). ‘On that place shall the worshippers of Mazda erect an enclosure 1, and therein shall they establish her with food, therein shall they establish her with clothes.’

50 (147). O Maker of the material world, thou Holy One! What is the food that the woman shall first take?

51 (148). Ahura Mazda answered: ‘She shall drink gômêz 2 mixed with ashes, three cups of it, or six, or nine, to wash over the grave within her womb.

52 (151). ‘Afterwards she may drink boiling 3 milk of mares, cows, sheep, or goats, with pap or without pap 4; she may take cooked meat without water, bread without wafer, and wine without water 5.’

53 (154). O Maker of the material world, thou Holy One! How long shall she remain so? How long shall she live only on that sort of meat, bread, and wine?

54 (155). Ahura Mazda answered: ‘Three nights long shall she remain so; three nights long shall she live on that sort of meat, bread, and wine. Then, when three nights have passed, she shall wash her body, she shall wash her clothes, with gômêz and water, by the nine holes 1, and thus shall she be clean.’

55 (157). O Maker of the material world, thou Holy One! How long shall she remain so? How long, after the three nights have gone, shall she sit confined, and live separated from the rest of the worshippers of Mazda, as to her seat, her food, and her clothing?

56 (158). Ahura Mazda answered: ‘Nine nights long shall she remain so: nine nights long, after the three nights have gone, shall she sit confined, and live separated from the rest of the worshippers of Mazda, as to her seat, her food, and her clothing. Then, when the nine nights have gone, she shall wash her body, and cleanse her clothes with gômêz and water 2.’

57 (160) 3. O Maker of the material world, thou Holy One! Can those clothes, when once washed and cleansed, ever be used either by a Zaotar, or by a Hâvanan, or by an Âtare-vakhsha, or by a Frabaretar, or by an Âbered, or by an Âsnâtar, or by a Rathwiskar, or by a Sraoshâ-varez 1, or by any priest, warrior, or husbandman 2?

58 (162). Ahura Mazda answered: ‘Never can those clothes, even when washed and cleansed, be used either by a Zaotar, or by a Hâvanan, or by an Âtare-vakhsha, or by a Frabaretar, or by an Âbered, or by an Âsnâtar, or by a Rathwiskar, or by a Sraoshâ-varez, or by any priest, warrior, or husbandman.

59 (164). ‘But if there be in a Mazdean house a woman who is in her sickness, or a man who has become unfit for work 3, and who must sit in the place of infirmity 4, those clothes shall serve for their coverings and for their sheets 5, until they can withdraw and move their hands 6.

60 (168). ‘Ahura Mazda, indeed, does not allow us to waste anything of value that we may have, not even so much as an Asperena’s 1 weight of thread, not even so much as a maid lets fall in spinning.

61 (170). ‘Whosoever throws any clothing on a dead body 2, even so much as a maid lets fall in spinning, is not a pious man whilst alive, nor shall he, when dead, have a place in the happy realm 3.

62 (174). ‘He shall go away into the world of the fiends, into that dark world 4, made of darkness, the offspring of darkness

5. To that world, to the dismal realm, you are delivered by your own doings, by your own souls, O sinners!’