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The Nikatum nask or Nigadum nask was one of the so called legal ''nasks'' (volumes) of the
Sasanian Avesta The Sasanian Avesta or Great Avesta refers to the anthology of Zoroastrian literature produced during the Sasanian period. Most of this work is now lost, but its content and structure can be reconstructed from references found in a number of t ...
. No parts of it are known to have survived, but later references show that is covered topics connected with
penal law Criminal law is the body of law that relates to crime. It proscribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and welfare of people inclusive of one's self. Most criminal law is esta ...
.


Sources

The nask itself is no longer extant but references are found in later Zoroastrian writings. First, the 8th book of the
Denkard The ''Dēnkard'' or ''Dēnkart'' (Middle Persian: 𐭣𐭩𐭭𐭪𐭠𐭫𐭲 "Acts of Religion") is a 10th-century compendium of Zoroastrian beliefs and customs during the time. The ''Denkard'' has been called an "Encyclopedia of Mazdaism" an ...
provides in section 8.16-8.20 a description of its content. In addition, the Rivayats, a series of exchanges from the 15th - 17th century, give a short overview on the content of the Nikatum nask.


Structure and content

The
Sasanian Avesta The Sasanian Avesta or Great Avesta refers to the anthology of Zoroastrian literature produced during the Sasanian period. Most of this work is now lost, but its content and structure can be reconstructed from references found in a number of t ...
was organized into 21 ''nasks'', i.e., volumes, which were grouped into 3 divisions; Gathic, ritual, and legal nasks. Within this scheme, the Nikatum nask belonged to the legal nasks.
Edward William West Edward William West (1824-1905), usually styled E. W. West, was a scholarly English engineer, orientalist, and translator of Zoroastrian texts. He was educated at King's College London. He prepared five volumes of Pahlavi texts (the ''Marvels of ...
estimates, that it consisted of ca. 62,600 words of
Avestan Avestan ( ) is the liturgical language of Zoroastrianism. It belongs to the Iranian languages, Iranian branch of the Indo-European languages, Indo-European language family and was First language, originally spoken during the Avestan period, Old ...
text accompanied by ca. 562,900 words of commentary in Pahlavi, which would make it the longest nask overall. According to the Denkard, the Nikatum nask consisted of 30 chapters, whereas the Rivayats name 54 chapters. Whereas not much information is provided in the Rivayats, the description in the Denkard (8.16-20) coveres the first five chapters. However, given the space dedicated to the description of the fifth chapter, it has been speculated that it actually covered all the remaining 26 chapters of the nask, meaning the description in the Denkard would be complete.


Topics

According to the description in the Denkard, the Nikatum nask covered a wide range of different topics connected with
penal law Criminal law is the body of law that relates to crime. It proscribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and welfare of people inclusive of one's self. Most criminal law is esta ...
. The first section in Denkard 8.16, called Paykār Radestān (arbitration of disputes), covered topics of litigation and pleas of evidence. The second section in Denkard 8.17, called Zaxmestān (assault code), covered assault (zaxm) and related offenses. The third section in Denkard 8.18, called Rēšestān (wound code), covered the infliction of physical injuries and the appropriate penalties. The fourth section in Denkard 8.19, called Hamēmālestān (accuser's code), covered true and false accusations. Finally, the fifth and last section in Denkard 8.20 did not have a dedicated name. It was by far the longest and consequently covered a wide range of disparate topics. Together with the other legal nasks, the Nikatum nask seems to reflect the legal traditions of the early Iranians during the Old Iranian period. During the much later Sasanian period, these Avestan traditions were still an important source of legislation. This explains the long commentaries provided jointly with all the legal nasks. However, compared to the surviving literature of Sasanian law, the penal system seems to have been substanitially mitigated at that time.


Connection to the Vaetha nask

The
Vaetha nask The Vaetha nask is the name of a short Avestan text, which is extant in the Fragments collection. Despite its name, the Vaetha nask was not part of the 21 nasks of the Sasanian Avesta and its origins remain unclear. Name The Vaetha nask is not re ...
is a short Avestan text, which is extant through several manuscripts dating back to the 19th century. It deals with various topics but it has a strong focus on family law, specifically the relationship between a Zoroastrian man and non-Zoroastrian woman. According to the text, it derives, in whole or in parts, from the Nikatum nask. This opinion was initially shared by Western scholars. However, later research doubted this connection. According to F. M. Kotwal for example, the text is a 19th century forgery, an assessment which was also affirmed more recently.


References


Citations


Bibliography

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External links


Summary of the Nikatum nask according to Book 8 of the Denkard
by
Edward William West Edward William West (1824-1905), usually styled E. W. West, was a scholarly English engineer, orientalist, and translator of Zoroastrian texts. He was educated at King's College London. He prepared five volumes of Pahlavi texts (the ''Marvels of ...

Summary of the Nikatum nask in the Rivayats
by Ervad Bamanji Nusserwanji Dhabhar {{Zoroastrian literature Zoroastrian texts Lost documents