4. Contracts and Outrages

1"He that does not restore a loan to the man who lent it, steals the thing and robs the man. This he doeth every day, every night, as long as he keep in his house his neighbor's property, as though it were his own."

2O Maker of the material world, thou Holy One! How many in number are thy contracts, O Ahura Mazda?

3Ahura Mazda answered:--

4"They are six in number, O holy Zarathustra. The first is the word-contract; the second is the hand-contract; the third is the contract to the amount of a sheep; the fourth is the contract to the amount of an ox; the fifth is the contract to the amount of a man; the sixth is the contract to the amount of a field, a field in good land, a fruitful one, in good bearing. The word-contract is fulfilled by words of mouth. It is cancelled by the hand-contract; he shall give as damages the amount of the hand-contract. The hand-contract is cancelled by the sheep-contract; he shall give as damages the amount of the sheep-contract. The sheep-contract is cancelled by the ox-contract; he shall give as damages the amount of the ox-contract. The ox-contract is cancelled by the man-contract; he shall give as damages the amount of the man-contract. The man-contract is cancelled by the field-contract; he shall give as damages the amount of the field-contract."

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

6Ahura Mazda answered:--

7"His sin makes his Nabânazdistas answerable for three hundred years."

8O Maker of the material world, thou Holy One! If a man break the hand-contract, how many are involved in his sin?

9Ahura Mazda answered:--

10"His sin makes his Nabânazdistas answerable for six hundred years."

11O Maker of the material world, thou Holy One! If a man break the sheep-contract, how many are involved in his sin?

12Ahura Mazda answered:--

13"His sin makes his Nabânazdistas answerable for seven hundred years."

14O Maker of the material world, thou Holy One! If a man break the ox-contract, how many are involved in his sin?

15Ahura Mazda answered:--

16"His sin makes his Nabânazdistas answerable for eight hundred years."

17O Maker of the material world, thou Holy One! If a man break the man-contract, how many are involved in his sin?

18Ahura Mazda answered:--

19"His sin makes his Nabânazdistas answerable for nine hundred years."

20O Maker of the material world, thou Holy One! If a man break the field-contract, how many are involved in his sin?

21Ahura Mazda answered:--

22"His sin makes his Nabânazdistas answerable for a thousand years."

23O Maker of the material world, thou Holy One! If a man break the word-contract, what is the penalty that he shall pay?

24Ahura Mazda answered:--

25"Three hundred stripes with the Aspahê-astra, three hundred stripes with the Sraoshô-karana."

26O Maker of the material world, thou Holy One! If a man break the hand-contract, what is the penalty that he shall pay?

27Ahura Mazda answered:--

28"Six hundred stripes with the Aspahê-astra, six hundred stripes with the Sraoshô-karana."

29O Maker of the material world, thou Holy One! If a man break the sheep-contract, what is the penalty that he shall pay?

30Ahura Mazda answered:--

31"Seven hundred stripes with the Aspahê-astra, seven hundred stripes with the Sraoshô-karana."

32O Maker of the material world, thou Holy One! If a man break the ox-contract, what is the penalty that he shall pay?

33Ahura Mazda answered:--

34"Eight hundred stripes with the Aspahê-astra, eight hundred stripes with the Sraoshô-karana."

35O Maker of the material world, thou Holy One! If a man break the man-contract, what is the penalty that he shall pay?

36Ahura Mazda answered:--

37"Nine hundred stripes with the Aspahê-astra, nine hundred stripes with the Sraoshô-karana."

38O Maker of the material world, thou Holy One! If a man break the field-contract, what is the penalty that he shall pay?

39Ahura Mazda answered:--

40"A thousand stripes with the Aspahê-astra, a thousand stripes with the Sraoshô-karana."

41If a man rise up with a weapon in his hand, it is an Âgerepta. If he brandish it, it is an Avaoirista. If he actually smite a man with malicious aforethought, it is an Aredus. Upon the fifth Aredus he becomes a Peshôtanu.

42O Maker of the material world, thou Holy One! He that committeth an Âgerepta, what penalty shall he pay?

43Ahura Mazda answered:--

44"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; on the fourth, thirty stripes with the 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."

45If a man commit an Âgerepta for the eighth time, without having atoned for the preceding, what penalty shall he pay?

46Ahura Mazda answered:--

47"He is a Peshôtanu: two hundred stripes with the Aspahê-astra, two hundred stripes with the Sraoshô-karana."

48If a man commit an Âgerepta, and refuse to atone for it, what penalty shall he pay?

49Ahura Mazda answered:--

50"He is a Peshôtanu: two hundred stripes with the Aspahê-astra, two hundred stripes with the Sraoshô-karana."

51O Maker of the material world, thou Holy One! If a man commit an Avaoirista, what penalty shall he pay?

52Ahura Mazda answered:--

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

54O 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?

55Ahura Mazda answered:--

56"He is a Peshôtanu: two hundred stripes with the Aspahê-astra, two hundred stripes with the Sraoshô-karana."

57O 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?

58Ahura Mazda answered:--

59"He is a Peshôtanu: two hundred stripes with the Aspahê-astra, two hundred stripes with the Sraoshô-karana."

60O Maker of the material world, thou Holy One! If a man commit an Aredus, what penalty shall he pay?

61Ahura Mazda answered:--

62"Fifteen stripes with the Aspahê-astra, fifteen stripes with the Sraoshô-karana.

63"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."

64O 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?

65Ahura Mazda answered:--

66"He is a Peshôtanu: two hundred stripes with the Aspahê-astra, two hundred stripes with the Sraoshô-karana."

67O 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?

68Ahura Mazda answered:--

69"He is a Peshôtanu: two hundred stripes with the Aspahê-astra, two hundred stripes with the Sraoshô-karana."

70O 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?

71Ahura Mazda answered:--

72"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."

73If a man commit that deed for the fifth time, without having atoned for the preceding, what is the penalty that he shall pay?

74Ahura Mazda answered:--

75"He is a Peshôtanu: two hundred stripes with the Aspahê-astra, two hundred stripes with the Sraoshô-karana."

76If a man commit that deed and refuse to atone for it, what is the penalty that he shall pay?

77Ahura Mazda answered:--

78"He is a Peshôtanu: two hundred stripes with the Aspahê-astra, two hundred stripes with the Sraoshô-karana."

79O Maker of the material world, thou Holy One! If a man smite another so that the blood come, what is the penalty that he shall pay?

80Ahura Mazda answered:--

81"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."

82If he commit that deed for the fourth time, without having atoned for the preceding, what is the penalty that he shall pay?

83Ahura Mazda answered:--

84"He is a Peshôtanu: two hundred stripes with the Aspahê-astra, two hundred stripes with the Sraoshô-karana."

85O Maker of the material world, thou Holy One! If a man smite another so that the blood come, and if he refuse to atone for it, what is the penalty that he shall pay?

86Ahura Mazda answered:--

87"He is a Peshôtanu: two hundred stripes with the Aspahê-astra, two hundred stripes with the Sraoshô-karana."

88O Maker of the material world, thou Holy One! If a man smite another so that he break a bone, what is the penalty that he shall pay?

89Ahura Mazda answered:--

90"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."

91If he commit that deed for the third time, without having atoned for the preceding, what is the penalty that he shall pay?

92Ahura Mazda answered:--

93"He is a Peshôtanu: two hundred stripes with the Aspahê-astra, two hundred stripes with the Sraoshô-karana."

94O Maker of the material world, thou Holy One! If a man smite another so that he break a bone, and if he refuse to atone for it, what is the penalty that he shall pay?

95Ahura Mazda answered:--

96"He is a Peshôtanu: two hundred stripes with the Aspahê-astra, two hundred stripes with the Sraoshô-karana."

97O Maker of the material world, thou Holy One! If a man smite another so that he give up the ghost, what is the penalty that he shall pay?

98Ahura Mazda answered:--

99"Ninety stripes with the Aspahê-astra, ninety stripes with the Sraoshô-karana."

100If he commit that deed again, without having atoned for the preceding, what is the penalty that he shall pay?

101Ahura Mazda answered:--

102"He is a Peshôtanu: two hundred stripes with the Aspahê-astra, two hundred stripes with the Sraoshô-karana."

103O Maker of the material world, thou Holy One! If a man smite another so that he give up the ghost, and if he refuse to atone for it, what is the penalty that he shall pay?

104Ahura Mazda answered:--

105"He is a Peshôtanu: two hundred stripes with the Aspahê-astra, two hundred stripes with the Sraoshô-karana.

106"And they shall thenceforth in their doings walk after the way of holiness, after the word of holiness, after the ordinance of holiness.

107"If men of the same faith, either friends or brothers, come to an agreement together, that one may obtain from the other either goods, or a wife, or knowledge, let him who desires goods have them delivered to him; let him who desires a wife receive and wed her; let him who desires knowledge be taught the holy word, 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 intelligence and wax strong in holiness. So shall he sit up, in devotion and prayers, that he may be increased in intelligence: 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 Aêthra-paitis have said.

108"Before the boiling water publicly prepared, O Spitama Zarathustra! let no one make bold to deny having received from his neighbor the ox or the garment in his possession.

109"Verily I say it unto thee, O Spitama Zarathustra! the man who has a wife is far above him who lives in continence; 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. And of two men, he who fills himself with meat receives in him Vohu Manô much better than he who does not do so; the latter is all but dead; the former is above him by the worth of an Asperena, by the worth of a sheep, by the worth of an ox, by the worth of a man. This man can strive against the onsets of Astô-vidhôtu; he can strive against the well-darted arrow; he can strive against the winter fiend, with thinnest garment on; he can strive against the wicked tyrant and smite him on the head; he can strive against the ungodly fasting Ashemaogha.

110"On the very first time when that deed has been done, without waiting until it is done again, down there the pain for that deed shall be as hard as any in this world: even as if one should cut off the limbs from his perishable body with knives of brass, or still worse; down there the pain for that deed shall be as hard as any in this world: even as if one should nail his perishable body with nails of brass, or still worse; down there the pain for that deed shall be as hard as any in this world: even as if one should by force throw his perishable body headlong down a precipice a hundred times the height of a man, or still worse; down there the pain for that deed shall be as hard as any in this world: even as if one should by force impale his perishable body, or still worse; down there the pain for this deed shall be as hard as any in this world: to-wit, the deed of a man, who, knowingly lying, confronts the brimstoned, golden, truth-knowing water with an appeal unto Rashnu and a lie unto Mithra."

111O 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?

112Ahura Mazda answered:--

113"Seven hundred stripes with the Aspahê-astra, seven hundred stripes with the Sraoshô-karana."

114[Footnote 11: This chapter is the only one in the Vendîdâd that deals with legal subjects.]