Ahura Mazda answered: * It is the same guilt as though he should serve bad food to a master of a house of middle rank.’
22 (59). O Maker of the material world, thou Holy One! If a man give bad food to aVohunazga dog, of what sin is he guilty?
Ahura Mazda answered: ‘ It is the same guilt as though he should serve bad food to a holy man, in the character of a priest1, who should come to his house.’
23 (61). O Maker of the material world, thou Holy One! If a man give bad food to a young dog, of what sin is he guilty?
Ahura Mazda answered: ‘ It is the same guilt as though he should serve bad food to a young man, born of pious parents, and who can answer for himself2 3.’
24 (63). O Maker of the material world, thou Holy One! If a man shall give bad food to a shep- herd’s dog, what is the penalty that he shall pay?
Ahura Mazda answered: ‘He is a Peshotanu: two hundred stripes with the Aspahe-a.y|$a, two hundred stripes with the Sraosho-zkirana V 1 The Vohunazga dog has no domicile, therefore he is not com- pared with the master of a house; as he smites the Nasu, he is like a holy man, of the wandering class, a sort of begging friar.
* Probably, ‘Who has performed the nfi-zftd, fifteen years old.’ The young dog enters the community of the faithful at the age of four months, when he can smite the Nasu.
3 ‘ I also saw the soul of a man, whom demons, just like dogs, ever tear. That man gives bread to the dogs, and they eat it not; 158 vendIdAd.
25 (66). O Maker of the material world, thou Holy One! If a man shall give bad food to a house dog, what is the penalty that he shall pay?
Ahura Mazda answered: ‘Ninety stripes with the Aspah£-aytra, ninety stripes with the Sraosh6- ^arana.'
26 (69). O Maker of the material world, thou Holy One! If a man shall give bad food to a Vohunazga dog, what is the penalty that he shall Pay?
Ahura Mazda answered: ‘ Seventy stripes with the Aspahe-astra, seventy stripes with the Sraosh6- A'arana.’
27 (72). O Maker of the material world, thou Holy One! If a man shall give bad food to a young dog, what is the penalty that he shall pay?
Ahura Mazda answered: ‘ Fifty stripes with the Aspahe-astra, fifty stripes with the Sraosh6-A’arana.
28 (75). ‘ For it is the dog, of all the creatures of the good spirit, that most quickly decays into age, while not eating near eating people, and watching goods none of which it receives. Bring ye unto him milk and fat with meat; this is the right food for the dog1.’
but they ever devour the breast, legs, belly, and thighs of the man. And I asked thus: What sin was committed by this body, whose soul suffers so severe a punishment? Srosh the pious and A taro the angel said thus: This is the soul of that wicked man who, in the world, kept back the food of the dogs of shepherds and house- holders; or beat and killed them’ (Ardai Viraf XLVIII, translated by Haug).
1 ‘ Whenever one eats bread one must put aside three mouthfuls and give them to the dog...for among all the poor there is none poorer than the dog’ (Saddar 31; Hyde 35).
FARGARD XIII.
V.
29 (80). O Maker of the material world, thou Holy One! If there be in the house of a wor- shipper of Mazda a mad dog, or one that bites without barking, what shall the worshippers of Mazda do?
30(82). Ahura Mazda answered: ‘They shall' put a wooden collar around his neck, and they shall tie him to a post, an asti 1 thick if the wood be hard, two astis thick if it be soft. To that post they shall tie him; by the two sides 2 of the collar they shall tie him.
31 (86). ‘If they shall not do so, and the mad dog, or the dog that bites without barking, smite a sheep or wound a man, the dog shall pay for it as for wilful murder 3.
32 (88). ‘ If the dog shall smite a sheep or wound a man, they shall cut off his right ear. If he shall smite another sheep or wound another man, they shall cut off his left ear.
33 (90). ‘If he shall smite a third sheep or wound a third man, they shall cut off his right foot 4. If he shall smite a fourth sheep or wound a fourth man, they shall cut off his left foot.
1 A measure of unknown amount. Aspendi&rji reads irti, ‘a brick’ thick.
2 By the forepart and the back part of it.
3 As there is no essential difference between man and beast, the beast must answer for its guilt. According to Solon’s law, the dog who has bitten any one must be delivered to him tied up to a block four cubits long (Plutarchus, Solon 24); the horse who has killed a man is put to death (Eusebius, Prep. Evang. 5).
4 ‘ They only cut off a piece, of flesh from the foot’ (Brouillons d’Anquetil).
l60 VENDtDAD.
34 (92). ‘ If he shall for the fifth time smite a sheep or wound a man, they shall cut off his tail.
‘ Therefore they shall tie him to the post; by the two sides of the collar they shall tie him. If they shall not do so, and the mad dog, or the dog that bites without barking, smite a sheep or wound a man, he shall pay for it as for wilful murder.’
35 (97)- O Maker of the material world, thou Holy One! If there be in the house of a wor- shipper of Mazda a scentless dog, or a mad dog, what shall the worshippers of Mazda do?
Ahura Mazda answered: ‘ They shall attend him to heal him, in the same manner as they would do for one of the faithful.'
36 (100). 0 Maker of the material world, thou Holy One! If they try to heal him and fail, what shall the worshippers of Mazda do?
37 (102). Ahura Mazda answered: ‘ They shall put a wooden collar around his neck, and they shall tie him to a post, an a-fti thick if the wood be hard, two astis thick if it be soft. To that post they shall tie him; by the two sides of the collar they shall tie him.
38 (102). ‘ If they shall not do so, and the scent- less dog fall into a hole, or a well, or a precipice, or a river, or a canal, and he be wounded and die thereof, they shall be Peshotanus. • VI.
39(106). ‘The dog, O Spitama Zarathurtra! I, Ahura Mazda, have made self-clothed and self-shod, watchful, wakeful, and sharp-toothed, born to take his food from man and to watch over man’s goods. I, Ahura Mazda, have made the dog strong of body FARGARD XIII.
against the evil-doer, and watchful over your goods, when he is of sound mind.
40(112). ‘And whosoever shall awake at his voice, neither shall the thief nor the wolf steal any- thing from his house, without his being warned; the wolf shall be smitten and torn to pieces; he is driven away, he flees away.’
VII.
41 (115). O Maker of the material world, thou Holy One! Which of the two wolves deserves more to be killed, the one that is born of a he-dog and of a she-wolf, or the one that is born of a she- dog and of a he-wolf?
Ahura Mazda answered: ‘ Of these two wolves, the one that is born of a he-dog and of a she-wolf deserves more to be killed than the one that is born of a she-dog and of a he-wolf.
42 (1 1 7). ‘ For there are born of a he-dog and of a she-wolf such dogs as fall on the shepherd’s dog, on the house dog, on theVohunazga dog, on the trained dog, and destroy the folds; such dogs are born as are more murderous, more mischievous, more destructive to the folds than any other dogs.
43 (121). ‘And there arc born of a he-dog and of a she-wolf such wolves as fall on the shepherd’s dog, on the house dog, on the Vohunazga dog, on the trained dog, and destroy the folds; such wolves are born as are more murderous, more mischievous, more destructive to the folds than any other wolves.
VIII.
VIII.
44 (124). ‘A dog has the characters of eight different sorts of peopje: — ‘ He has the character of a priest, M vendIdAd.
‘ He has the character of a warrior, ‘ He has the character of a husbandman, ‘ He has the character of a strolling singer, ' He has the character of a thief, ‘ He has the character of a wild beast, ‘ He has the character of a courtezan, ‘ He has the character of a child.
45 (126). ‘He eats broken food, like a priest1; he is grateful, like a priest; he is easily satisfied 2, like a priest; he wants only a small piece of bread, like a priest; in these things he is like unto a priest.
‘ He marches in front, like a warrior; he fights for the beneficent cow, like a warrior 3; he goes first out of the house, like a warrior 4 *; in these things he is like unto a warrior.
46 (135). ‘ He is watchful and sleeps lightly, like a husbandman; he goes first out of the house, like a husbandman3; he returns last into the house, like a husbandman 6; in these things he is like unto a husbandman.
‘ He sings like a strolling singer; he is intrusive 7, like a strolling singer; he is meagre, like a strolling singer; he is poor, like a strolling singer; in these things he is like unto a strolling singer.
47(143). ‘He likes darkness, like a thief; he prowls about in darkness, like a thief; he is a shame- 2 Doubtful.
3 ‘He keeps away the wolf. and the thief’ (Comm.)
4 This clause is, as it seems, repeated here by mistake from § 46.
6 When taking the cattle out of the stables.
* When bringing the cattle back to the stables.
7 Doubtful.
FARGARD XIII.
less eater, like a thief; he is an unfaithful keeper, like a thief1; in these things he is like unto a thief.
‘ He likes darkness, like a wild beast 2; he prowls about in darkness, like a wild beast; he is a shame- less eater, like a wild beast; he is an unfaithful keeper, like a wild beast; in these tilings he is like unto a wild beast.
48 (153). ‘He sings, like a courtezan; he is in- trusive, like a courtezan; he walks about the roads, like a courtezan; he is meagre, like a courtezan; he is poor, like a courtezan; in these things he is like unto a courtezan.
‘ He likes sleeping, like a child; he is apt to run away3, like a child; he is full of tongue, like a child; he goes on all fours4, like a child; in these things he is like unto a child IX.
49 (163). ‘If those two clogs of mine, the shep- herd’s dog and the house dog, pass by the house of any of my faithful people, let them never be kept away from it.
‘For no house could subsist on the earth made by Ahura, but for those two dogs of mine, the shep- herd’s dog and the house dog5.’
50(166). O Maker of the material world, thou 1 * When one trusts him with something, he eats it’ (Comm.)
* According to Asp.
8 He is fearful. * Doubtful.
8 ‘ But for the dog not a single head of cattle would remain in existence’ (Saddar 31; Hyde 35).
164 VENDfDAD.
Holy One! When a dog dies, with marrow and seed 1 dried up, whereto does his ghost go?
51 (167). Ahura Mazda answered: ‘ It passes to the spring of the waters 2, O Spitama Zarathustra! and there out of every thousand dogs and every thousand she-dogs, two water dogs are formed, a water dog and a water she-dog3.
52 (170). ‘ He who kills a water dog brings about a drought that dries up pastures. Before that time, 0 Spitama Zaratlnutra! sweetness and fat- ness would flow out from that land and from those fields, with health and healing, with fulness and increase and growth, and a growing of corn and grass.’
53 (171). 0 Maker of the material world, thou Holy One! When are sweetness and fatness to come back again to that land and to those fields, with health and healing, with fulness and increase and growth, and a growing of corn and grass?
54, 55 (r 72). Ahura Mazda answered: ‘Sweet- ness and fatness will never come back again to that land and to those fields, with health and healing, with fulness and increase and growth, and a growing of corn and grass, until the murderer of the water dog has been smitten to death and the holy soul of the dog has been offered up a sacrifice, for three days 1 Marrow is the scat of life, the spine is ‘ the column and the spring of life' (Yt. X, 71); the sperm comes from it (Bundahw XVI). The same theory prevailed in India, where the sperm is called ma^a-samudbhava, ‘what is bom from marrow;' it was followed by Plato (Timaeus 74, 91; cf. Plut. De Plac. Philos. V, 3, 4), Jind disproved by Aristotle (De Part. Anim. Ill, 7).
2 To the spring of Ardvt SCira, the goddess of waters.
8 There is therefore in a single ws.ter dog as much life fed holi- ness as in a thousand dogs. This accounts for the following.
FARGARD XIV. 165 and three nights with fire blazing, with baresma tied up, and with Haoma uplifted \ 56 (1 74). [‘ Then sweetness and fatness will come back again to that land and to those fields, with health and healing, with fulness and increase and growth, and a growing of corn and grass V] Fargard XIV.
This Fargard is nothing more than an appendix to the last clauses in the preceding Fargard (§ 50 seq.) IIow the murder of a water dog may be atoned for is described in it at full length. As the water dog is the holiest of all dogs and, as it were, a link between the dog and God, the process of atonement must he one of an extraordinary character. It is this chapter, more than any other, which may make it doubtful whether the legislation of the Vcndidad has ever existed as real and living law. See, however, Introduction V, 20.
1. Zarathiutra asked Ahura Mazda: 'O Ahura Mazda, most beneficent Spirit, Maker of the mate- rial world, thou Holy One! He who smites one of those water dogs that are born one from a thousand dogs and a thousand she-dogs1 2 3 4 5, so that he gives up the ghost and the soul parts from the body, what is the penalty that he shall pay?’
2 (4). Ahura Mazda answered: 'He shall pay ten thousand stripes with the Aspahe-astra, ten thousand stripes with the Sraosho-^arana ® 1 The zanda ravan, the same sacrifice as is offered up for three days and three nights after the death of a man for the salvation of 3 See preceding page; cf. Introd. IV, 35, and Orm. Ahr. § 230.
4 See preceding Fargard, §*51.
5 He shall pay 50 tanafuhrs (=15000 istirs = 60000 dirhems; VEND? DAD.
‘ He shall godly and piously bring unto the fire of Ahura Mazda 1 ten thousand loads of hard, well dried, well examined 2 wood, as an atonement unto the soul (of the water dog).
3 (6). ‘He shall godly and piously bring unto the fire of Ahura Mazda ten thousand loads of soft wood, of Urvisna, Vohu-gaona, Vohu-kereti, Hadha- naepata 3, or any sweet-scented plant, as an atone- ment unto the soul (of the water dog).
4 (7). ‘ He shall godly and piously tie and con- secrate ten thousand bundles of baresma; he shall offer up to the good waters ten thousand Zaothra libations with the Haoma and the sacred meat4, cleanly prepared and well strained, cleanly prepared and well strained by a pious man r’, as an atonement unto the soul (of the water dog).
5 (9). ‘He shall kill ten thousand snakes of those that go upon the belly; he shall kill ten thousand sec Introd. V, 21). ‘If he can afford it, he will atone in the manner slated in the Avcsta; if he cannot afford it, it will be sufficient to perform a complete Iza.me (sacrifice)/ (Comm.)
1 To the altar of the RahrSm fire.
2 * It is forbidden to take any ill-smelling thing to the fire and to kindle it on it; it is forbidden to kindle green wood, and even though the wood were hard and dry, one must examine it three times, lest there may be any hair or any unclean matter upon if (Gr. Rav.) Although the pious An/a Viraf had always taken the utmost care never to put on the fire any wood but such as was seven years old, yet, when he entered paradise, Atar, the genius of fire, shewed him reproachfully a large tank full of the water which that wood had exuded (see An/a Viraf X).
4 Possibly, milk.
B A Mobcd called sardar, ‘chief/ who prepares, cleanses, and disposes everything for the performance of the Yasna (Comm, and Anquetil, Brouillons ad Farg. XVIII, 72).
FARGARD XIV.
snakes of those that have the shape of a dog1-; he shall kill ten thousand tortoises; he shall kill ten thousand land frogs 3; he shall kill ten thousand water frogs; he shall kill ten thousand corn-carrying ants 3; he shall kill ten thousand ants of those that bite and dig holes and work mischief4.
6 (16). ‘He shall kill ten thousand earth worms; he shall kill ten thousand horrid flies fl.
‘ He shall fill up ten thousand holes for the un- clean 6.
1 ‘ Mar banak snakes: they are dog-like, because they sit on their hindparts' (Comm.) The cat seems to be the animal intended by this name. In a paraphrase of this passage in a Parsi Ravaet, the cat is numbered amongst the Khrafstras which it is enjoined to kill to redeem a sin (India Office Library, VIII, 13); cf. G. du Chinon, p. 462: ‘Les animaux que les Gaures ont en horreur sont les serpents, les couleuvres, les lezars, et autres de ccttc espece, les crapaux, les grenoui'lles, les ^crcvisses, les rats ct souris, et sur tout le chat/ 2 ‘ Those that can go out of water and live on the dry ground ' (Comm.) ‘ Pour les grenoui’lles ct crapaux, ils disent que ce sont ceux (eux?) qui sont cause de ce que les homines meurent, gatans les eaus oh ils habitent continuellement, et que d’autant plus qu’il y en a dans le pais, dautant plus les eaus causent-elles des maladies et enfin la mort/ G. du Chinon, p. 465.
3 ‘ Un jour que j’&ois surpris de la guerre qu’ils font aux fourmis, ils me dirent que ces animaux ne faisaient que voler par des amas des grains plus qu'il n’dtoit ndeessaire pour leur nourriture/ G. du Chinon, p. 464. Firdusi protested against the proscription: ‘ Do no harm to the corn-carrying ant; a living thing it is, and its life is dear to it/ The celebrated high-priest of the Parsis, the late Moola Firooz, entered those lines into his Pand Namah, which may be- token better days for this wise and careful creature.
4 Doubtful. The Commentary has, ‘that is, darak ants (wood ants; termites?)/ B Corpse flies.
* ‘The holes at which the^unclean are washed’ (Comm.; cf. Farg. IX, 6 scq.)
vend}dad.
‘ He shall godly and piously give to godly men twice seven sets of implements for the fire, as an atonement unto the soul (of the water dog), namely: 7 (20). ‘ Two (loads of the) proper materials for fire 1; a broom 2; a pair of tongs; a pair of round bellows 8 extended at the bottom, contracted at the top; an adze with a sharp edge and a sharp-pointed handle 4, a saw with sharp teeth and a sharp-pointed handle, by means of which the worshippers of Mazda procure wood for the fire of Ahura Mazda.
8 (26). ‘ He shall godly and piously give to godly men a set of the priestly instruments of which the priests make use, as an atonement unto the soul (of the water dog), namely: The Astra °, the meat- vessel ®, the Paitidana \ the Khrafstraghna 8, the 1 Doubtful: the intended materials would be two loads of wood, and two loads of incense to burn upon the wood (Asp.)
2 To cleanse the Atash-dftn or fire-vessel (Yasna IX, i).
3 Or, a fan.
6 Possibly, the milk-vessel.
7 As everything that goes out of man is unclean, his breath defiles all that it touches; priests, therefore, while on duty, and even laymen, while praying or eating, must wear a mouth-veil, the Paitidana (Parsi Penom), consisting ‘of two pieces of white cotton cloth, hanging loosely from the bridge of the nose to, at least, two inches below the mouth, and tied with two strings at the back of the head' (Haug, Kssays, 2nd ed. p. 243, n. 1; cf. Comm, ad Farg. XVIII, 1, and Anquctil II, 530). This principle appears not to have been peculiar to the Zoroastrian Aryans, for the Sla- vonian priest in Arkona was enjoined to go out of the temple, whenever he wanted to draw breath, ‘lest the presence of the god should be defiled by contact with mortal breath ' (ne dei presentia mortalis spiritus contagio pollueretur, Saxo Grammaticus, ap. Klek, Einleitung in die Slavische Literatur, p. 105). Cf. Introd. V, 8.
8 The ‘ Khrafstra-killer; ’ an instrument for killing snakes, &c.
FARGARD XIV.
Sraosho-^arana *, the cup for the Myazda 2, the cups for the juice3, the mortar made according to the rules, the Haoma cups4, and the baresma.
9 (32). ‘He shall godly and piously give to godly men a set of all the war implements of which the warriors make use a, as an atonement unto the soul (of the water dog); the first being a javelin the second a knife 7, the third a club, the fourth a bow 8, the fifth a quiver with shoulder-belt and thirty brass-headed arrows10, the sixth a sling with arm- string and with thirty sling stones, the seventh a cuirass 11, the eighth a hauberk la, the ninth a tunic I3, the tenth a helmet, the eleventh a girdle, the twelfth a pair of greaves14.
2 Doubtful.
The cup in which the juice of the hom and of the ur varan (the twigs of hadha-naepata which are pounded together with the hom) is received from the mortar (Comm.)
4 The cup on which twigs of Ilaoma are laid before being pounded, the so-called tashtah (Anquetil II, 533); ‘some say, the hom-straincr' [a saucer with nine holes], Comm.
h The armament detailed in the text agrees partly with that of the Persians and Medians described by Hcrodotos (VII, 61, 62). It would be desirable for archaeologists to ascertain to what time and, if possible, to what province this description refers, as such information might throw some light upon the age of this part of the Avesta at least.
7 *Ky irapa top bejjib v prjpbp irapaioi>ptvp.eva ck rrjs £d>vrjs, 8 T 6£a be peydXa.
9 Doubtful. *Y7 to be (fiaperpeapes (Kpepauro, u 1 Going from the helm to the cuirass ' (Comm.)
13 ‘Under the cuirass ' (Comm.); 1 repl be to au>pa kiO&vus xHPim 14 JJepl be ra ciceXea dva£vplbas.
170 VEND? DAD.
10(41). ‘He shall godly and piously give to godly men a set of all the implements of which the husbandmen make use, as an atonement unto the soul (of the water dog), namely: A plough with share and yoke ', an ox whip a mortar of stone, a hand-mill for grinding corn, 1 1 (48). ‘ A spade for digging and tilling; one measure of silver and one measure of gold.’
O Maker of the material world, thou Holy One! How much silver?
Ahura Mazda answered: ‘The price of a stallion/ 0 Maker of the material world, thou Holy One! How much gold?
Ahura Mazda answered: ‘ The price of a camel.
12 (54). ‘He shall godly and piously procure a rill of running water for godly husbandmen, as an atonement unto the soul (of the water dog)/ O Maker of the material world, thou Holy One! How large is the rill?
Ahura Mazda answered: ‘ The depth of a dog, and the breadth of a dog:i.
1 3 (57). ‘He shall godly and piously give a piece of arable land to godly men, as an atonement unto the soul (of the water dog)/ O Maker of the material world, thou Holy One! How large is the piece of land?.
Ahura Mazda answered: ‘ As much as can be watered with such a rill on both sides4.
14 (60). ‘ He shall godly and piously procure for godly men a house with ox-stalls, with nine 1 Doubtful. * Doubtful.
9 Which is estimated ‘ a foot deep, a foot broad ’ (Comm.) 4 Doubtful.
FARGARD XIV. 1 71 h&thras and nine nematas1 *, as an atonement unto the soul (of the water dog) V O Maker of the material world, thou Holy One! How large is the house?
Ahura Mazda answered: ‘ Twelve Vltaras3 in the largest part of the house, nine Vit&ras in the middle part, six Vitaras in the smallest part.
‘ He shall godly and piously give to godly men goodly beds with cushions, as an atonement unto the soul (of the water dog).
15 (64). ‘He shall godly and piously give to a godly man a virgin maid, whom no man has known, as an atonement unto the soul (of the water dog).’
O Maker of the material world, thou Holy One! What maid?
Ahura Mazda answered: ‘ A sister or a daughter of his, at the age of puberty, with ear-rings in her ears, and past her fifteenth year.
16 (67). ‘ He shall godly and piously give to holy men twice seven head of small cattle, as an atonement unto the soul (of the water dog).
‘ He shall bring up twice seven whelps.
‘ He shall throw twice seven bridges over canals.
1 7 (70). ‘He shall put into repair twice nine stables that are out of repair.
‘ He shall cleanse twice nine dogs from skin humours, hair wax, vermin4, and all the diseases that are produced on the body of a dog.
1 Meaning unknown.
* lie shall build a caravansary, which is considered a pious work (Mainyo-i-khard IV, 6; XXXVII, 36).
3 A word of unknown meaning; probably a measure, but pos- sibly ‘ a passage or alley.’ * 4 Those three words are doubtful.
172 VENDIDAD.
‘ He shall treat twice nine godly men to their fill of meat, bread, strong drink, and wine.
18 (73). ‘This is the atonement, this is the penalty that he shall undergo to atone for the deed that he has done.
‘ If he shall undergo it, he shall enter the world of the holy ones: if he shall not undergo it, he shall fall down into the world of the wicked, into that dark world, made of darkness, the offspring of darkness V Fargard XV.
1 (r-8). On five sins the commission of which makes the sinner a Peshotanu.
II (9-1 9). On unlawful unions and attempts to procure mis- carriage.
III (20-45). On the treatment of a bitcli big with young.
IV (46-51). O11 the breeding of dogs.
I.
r. How many are the sins that men commit and that, being committed and not confessed, nor atoned for, make their committer a Peshotanu1 2?
2 (4). Ahura Mazda answered: ‘ There are five such sins, O holy Zara thus tra! It is the first of these sins that men commit when a man teaches one of the faithful a foreign, wrong creed3, a foreign, wrong law, and he does so with a full knowledge and conscience of the sin: this is a sin that makes him a Peshotanu.
3 Literally, ‘another wrong creed;* the Commentary has, ‘that is, a creed that is not ours.' See Introd. Ill, 10.
FARGARD XV.
3(9). ‘It is the second of these sins that men commit when a man gives too hard bones or too hot food to a shepherd’s dog or to a house dog; 4 (11). ‘If the bones stick in the dog’s teeth or stop in his throat, or if the hot food burn his mouth or his tongue, so that mischief follows therefrom, and the dog dies, this is a sin that makes the man a Peshotanu *.
5 (16). ‘It is the third of these sins that men commit when a man smites a bitch big with young or affrights her by running after her, with shouting or with clapping of hands -; 6 (18). ‘ If the bitch fall into a hole, or a well, or a precipice, or a river, or a canal, so that mischief follows therefrom, and she dies, this is a sin that makes the man a Peshotanu -*.
7 (22). ‘ It is the fourth of these sins that men commit when a man has intercourse with a woman who has an issue of blood, either out of the ordinary course or at the usual period: this is a sin that makes him a Peshotanu1 * * 4 5.
8 (25). ‘ It is the fifth of these sins that men commit when a man has intercourse with a woman quick with child r', whether the milk has already 1 He who gives too hot food to a clog so as to burn his throat is margarzan (guilty of death); he who gives bones to a dog so as to tear his throat is margarzan (Gr. Rav. 639).
s Or, ‘with stamping on the ground ’ (? Saddar 31).
' If a bitch is big with young and a man shouts or throws stones at her, so that the whelps come to mischief and die, he is margarzan (Gr. Rav. 639).
4 See Farg. XVI, 14 seq.
5 When she has been pregnant for four months and ten days, as it is then that the child is fotmed and a soul is added to its body (Anquetil II, 563).
VENDtDAD.
come to her breasts or has not yet come': if mis- chief follow therefrom, and she die, this is a sin that makes the man a Peshotanu \ II.
9 (30). ‘If a man come near unto a damsel, either dependent on the chief of the family or not depend- ent, either delivered unto a husband or not deli- vered2, and she conceives by him, let her not, from dread of the people, produce in herself the menses, against the course of nature, by means of water and plants 3.
10(34). ‘And if the damsel, from dread of the people, shall produce in herself the menses against the course of nature, by means of water and plants, there is a sin upon her head 4.
1 1 (36). ‘ If a man come near unto a damsel, either dependent on the chief of the family or not dependent, either delivered unto a husband or.not delivered, and she conceives by him, let her not, 1 Or better, * if the child die/ c If a man come to his wife [during her pregnancy] so that she is injured and bring forth a still-born child, he is margarzan’ (Old Rav. 115 b).
2 ‘ Whether she has a husband in the house of her own parents or has none; whether she has entered from the house of her own parents into the house of a husband [depending on another chief of family] or has not’ (Comm.)
3 By means of drugs.
4 ‘It is a tanafdhr sin for her: it is sin on sin* (the first sin being to have allowed herself to be seduced), Comm. 1 If there has been no sin in her (if she has been forced), and if a man, knowing her shame, wants to take it off her, he shall call together her father, mother, sisters, brothers, husband, the servants, the menials, and the master and the mistress of the house, and he shall say, “ This woman is with child by me, and I rejoice in it;” and they shall answer, “ We know it, and we are glad that her shame is taken off her;” and he shall support her as a husband does' (Comm.)
FARGARD XV.
from dread of the people, destroy the fruit in her womb.
12 (38). ‘And if the damsel, from dread of the people, shall destroy the fruit in her womb, the sin is on both the father and herself, the murder is on both the father and herself; both the father and herself shall pay the penalty for wilful murder1.
13 (40). ‘If a man come near unto a damsel, either dependent on the chief of the family or not dependent, either delivered unto a husband or not delivered, and she conceives by him, and she says, “ I have conceived by thee;” and he replies, “ Go then to the old woman 2 and apply to her that she may procure thee miscarriage; ” 14 (43). ‘And the damsel goes to the old woman and applies to her that she may procure her mis- carriage; and the old woman brings her some Banga, or Shaeta, or Ghnana, or Frasp&ta3, or some other of the drugs that produce miscarriage and [the man says], “Cause thy fruit to perish! ” and she causes her fruit to perish; the sin is on the head of all three, the man, the damsel, and the old woman.
III.
15(49). ‘If a man come near unto a damsel, either dependent on the chief of the family or not dependent, either delivered unto a husband or not 2 The nurse (Asp.)