Home page > Law > The Book of A Thousand Judgements

Book Review

The Book of A Thousand Judgements

Mâdayân î hazâr dâdestân (Sasanian Law).

Monday 25 August 2003, by Raham ASHA

One original work which must also be seen as complementing the chapters of Book viii of the Dênkird, summarizing the titles of the legal Nasks, is the Mâdayân î hazâr dâdestân (“The Book of A Thousand Judgements”). This is not a codex but a collection of laws and decrees, often accompanied by jurists’ precepts, grouped into subjects but without any definition or explanation of the legal principles involved. Here it does not cover the whole of Sasanian law: penal and agrarian law is almost entirely omitted. But on the subjects of civil and family law and the law of contractual obligations, it is the only book that gives us a true idea of social relations in Sasanian society as seen from within. This is what renders its study of great importance.

The Book of A Thousand JudgementsThe author gives his name, Farrokhmard son of Vahrâm in his prologue to the Law-Book. He was writing at a time when the law of the Sasanian kingdom was still being administered in its entirety and the authority and powers f the King of Kings were still recognized. The latest document mentioned in the surviving portion of the text is dated in the twenty-sixth year of Khusrô î Ohrmazdân (= A.D. 615). Consequently, The Book of A Thousand Judgements must have been composed ca. A.D. 620. As for the names of the places cited, these relate to the whole of southern Iran, notably to Pârs (Fârs). The compiler apparently lived in Pârs and his principal residence seems to have been the city of Gôr (modern Fîrûzâbâd) in the province of Aradashêr-Khwarrah. A large number of jurists, whose opinions sometimes conflict, are cited as authorities, the author on occasion proclaiming his partiality. It remains to be seen whether general tendencies are discernible in the interpretation of law or custom according to the jurisconsult or his school.

See:
Modi J.J., Mâdigân I Hazâr Dâdistân, Poona, 1901.
Macuch M., Das sasanidische Rechtsbuch Mâtakdân î hazâr dâtistân, Teil II, Wiesbaden, 1981.
Macuch M., Rechtskasuistik und Gerichtsbuch zu Beginn des siebenten Jahrhunderts in Iran, Wiesbaden, 1993.
Farraxvmart î Vahrâmân, The Book of a Thousand Judgements, by Anahit Perikhanian, Costa Mesa, 1997.
Menasce J.-P. de, Feux et fondations pieuses dans le droit sassanide, Paris, 1964.
Shaked Sh., Some Legal and Administrative Terms of the Sasanian Period, Monum. Nyberg, 1975, 213-225.

The Book of Judgements
Dâdestân-Nâmag

One of the chapters in The Book of A Thousand Judgements is entitled:

“Chapter concerning regulations which, it is said, must be adhered to in judicial proceedings and which are also set down in the Dâdestân-Nâmag”.

In this chapter, Farrokhmard took his material specifically from the Dâdestân-Nâmag, a collection apparently compiled under Khusrô I and enjoying a wide reputation, since it is also cited in the Law-Book of Ishôbôkht.

The Book regarding the Duties of Officials
Khwêshkârîh-Nâmag î kârframânân

In the Sasanian era special collections were compiled for the guidance of administrative bodies and judicial departments. In addition to general information of the competencies and duties of various departments, ranks, and officials, these collections contained extracts from official decrees and decisions. One of the chapters in the Book of a Thousand Judgements is entitled:

“Chapter concerning the Competence of Officials”.

In this chapter, Farrokhmard dealt with the competence of such officials as the avistândâr or the âmârgar, despite that they were not directly concerned with legal proceedings.

The Regulation of the Order of Appeals
Mustabar-Nâmag

This book seems to have been composed in the milieu of the Zoroastrian clergy.

The contract of the Master of the House
Peymân î kadag-khwadâyîh

A short writing entitled the Peymân î kadag-khwadâyîh provides illustration on several details on “plenary” marriage.

See:
MacKenzie D.N., “A Zoroastrian Master of Ceremonies”, Henning M.V., 1970, 264-271.
MacKenzie, D.N. & Perikhanian, A.G., “The Model Marriage Contract in Pahlavi”, K.R. Cama Or. Inst. Golden Jubilee Volume, Bombay, 1969, 103-112.

Corpus Juris

The Syriac text of the Corpus Juris of Ishôbôkht, Metropolitan Bishop of Persis, written towards the end of the 8th century A.D., translated from the (middle) Persian (“Pahlavi”). The book deals with the whole field of law, not merely as a collection of cases, as with most oriental legal works, but in the form of a code showing an influence of the Greco-Roman books.

The distinction between law and equity must be played an important part in Persian Law accounts for the fact that Ishôbôkht mentions it right at the beginning of his systematic treatise. It also occurs in a passage quoted from the (Middle) Persian Even-Nâmag by Ibn Qutayba in his ‘Uyûn al-akhbâr (Cairo edition, 1925, vol. I, 62).

See:
Sachau, E. (ed. & transl.), Corpus juris des persischen Erzbischen Jesubocht, Berlin, 1914.
Menasce, J. de, “Some Pahlavi Words in the Original and in the Syriac Translation of Ishôbôkht’s Corpus Juris”, J.M. Unvala M.V., Bombay, 1964, 6-11.

1 Message

Reply to this article

SPIP | template | | Site Map | Tree | Follow-up of the site's activity RSS 2.0