چکیده:
Vandidad is considered to be one of the last parts of new Avesta. Investigators have argued that this book is written in the time of Zoroaster (1200-1000 B.C). However، they have not agreed about the precise date. About 1850 B.C in Mesopotamia، Hammurabi became the king of the Babylonian Empire. His orders، one of the oldest codes of the world، are presumed to be one of the one hundred great events which changed the world. Judaism is unique in that it considers religion as the basis of law and moral codes in the second millennium BC. This article compares criminal laws in Hammurabi، Judaism and Vendidad codes from legal perspectives. Similarities، differences and adaptations of these three codes are indicated. Topics such as Medical ethics، asking for judgment of the unseen، repentance، exceptions of liability، environment، divorce، dowry، usury، slavery، punishment of animals have been examined through descriptive، comparative and analytical method. The findings of this study shows although the capital of Sasanian was Mesopotamia and thus their official codes (Vendidad) were supposed to correlate with codes of Hammurabi، unexpectedly، codes of Hammurabi are more similar to codes of Torah than those of Vendidad. Even some words of Torah were similar to those in Hammurabi.
خلاصه ماشینی:
Differences in Criminal Types 1- In the Code of Hammurabi, it is not seen that if someone commits a crime, no matter how heavy it may be, the criminal is punished without referring to a judge or adjudicator; however, in the Vendidad, in cases where the death penalty has been made "cheap," these sinners can be killed wherever they are found without referring to a judge or adjudicator, which is called "Pashotnu" or "Tanapohar.
2- In the Code of Hammurabi, the number of lashes is enforceable and has a specific amount, but in the Vendidad, it is exaggerated in some cases; for example, according to Fargard 14, Sections 1-2: If someone strikes a water dog—a dog born from a thousand male dogs and a thousand female dogs—so hard that life departs from its body, what is the punishment for his sin?
The death penalty in the Vendidad is for crimes such as: anyone who abandons the Zoroastrian religion is considered worthy of being killed and is sentenced to death; the death penalty for omission, meaning (remaining without a wife, family, and children); someone who performs a ritual bath on a corpse without knowing the relevant rites; someone who acts alone in transporting a dead body; someone who burns a corpse, throws it into water, or cooks and eats it; in the commission of sins against nature and the crime of robbery, in which cases the sinner's death is cheap and they are executed.
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