Abstract

Nadia Hajipour*
Abstract
Mādayān ī Hazār Dādestān or the collection of A Thousand Judgments is a legal text. This text was compiled at the end of the Sasanian era, i.e. the beginning of the 7th century AD. A very diverse of legal issues are raised in this text, which can help us get to know the legal laws of Iran in the pre-Islamic period. Among the legal issues of this text are slavery, guardianship, guarantee, marriage, divorce, contract, etc. In addition, many legal terms have been used in the text, and their study will familiarize us with the specific concepts of these terms. The topic of this research is about "covenant" which is mentioned in the text with the terms pašt, paymān and wizīr. The purpose of this research is to examine the issues related to the covenant in order to compare the three mentioned terms. The question that this research intends to answer is, what are the legal issues related to these 3 terms? And what is the difference between these terms? The research method is descriptive and analytical and the data collection method is library. Some of the results of this research are as follows: These terms are used in different subjects, which are sometimes the same. Analysis showed that pašt is a verbal agreement and commitment to do something. A paymān is an oral or written contract that has its own rules and details. wizīr is also a contract document and actually a contract.
 
Introduction
Mādayān ī Hazār Dādestān or the collection of A Thousand Judgments is a legal text. This text was compiled at the end of the Sasanian era, i.e. the beginning of the 7th century AD. This text is a specialized legal text and is written for experts in jurisprudence and law; That is, those who were completely familiar with the Sassanid legal system and its technical terms. Its content is exclusively legal without referring to religious issues. A very diverse of legal issues are raised in this text, which can help us get to know the legal laws of Iran in the pre-Islamic period. Among the legal issues of this text are slavery, stūrship, guarantee, marriage, divorce, rent, adoption, security, pledge, transferring property to others, contracs and etc. Analyzing the contents of this text can introduce us to the rules of each of them.
In addition, many legal terms have been used in the text, and their study will familiarize us with the specific concepts of these terms. One of these terms is the words related to the contract / covenant, which is discussed in this article and is mentioned in the text with the terms pašt, paymān and wizīr.  The purpose of this research is to examine the issues related to the contract / covenant in order to compare the three mentioned terms. Because the legal and specialized terms of this text are very important and must be studied carefully. The question that this research intends to answer is, what are the legal issues related to these 3 terms? And what is the difference between these terms?
Method and Materials
This article is done with descriptive-analytical method and the method of data collection is library method. To carry out this research, first, all the materials related to the terms "contract" were collected and explained in three parts: pašt, paymān and wizīr. After categorizing the content, thematic analysis was done to achieve the purpose of the article, which is to achieve the semantic difference of these terms.
Discussion & Results
The term pašt is found in the forms of "noun", "adjective" and with the conjunction "kardan" in the compound verb. The legal issues in which pašt is raised are “the transfer of property ownership to someone”, “keeping the sold property healthy”, “stūrship”, “determining the value of the property”, “giving something at a certain time and place”. To express the agreement, are used from the expressions pēš az pašt: "before the agreement", pas az pašt: "after the agreement", abāz ō pašt ī pas ēstādan means "standing by the last agreement, acting on the last agreement" and ....
In this text, the term payman is used as a noun and a compound verb. Only 4 times it is in the nominal state and in the rest of the cases it is in the form of a compound verb, whose verb is always the verb "kardan". The paymān is raised in the subjects of "transfer of property ownership to someone", "expressing ownership of property for someone", "expressing acceptance of a property", "doing something", "repaying debt and loan", "renting something ", "security and pledge", "guarantee", "Sale and exchange", "participation in income".
The word of wizīr is always a noun in the text. The issues in which wizīr is raised are "taking a loan", "transferring and assigning property", "assigning the right to declare ownership", "marriage contract", "pledge", "participating in property" and "dividing something". wizīr is common with paymān in subject of getting a loan and transfer of property.
conclusion
Some of the results of this research are as follows: The analysis of the data extracted from the text of Mādayān ī Hazār Dādestān shows that the three terms pašt, paymān and wizīr with the apparent meaning of “covenant” / “contract” have significant differences together. Analysis showed that pašt is a verbal agreement and commitment to do something. In all the mentioned subjects in pašt, the concept of "agreement” and “commitment” is always inferred and the concept of concluding a contract is not mentioned. A paymān is an oral or written contract that has its own rules and details. Both the terms pašt and paymān are common in the two issues of transfer of property and sale of something; and a comparison of their usage reveals the difference between the two. Pašt is used in property transfer when the issue of transfer of ownership is raised by someone, then in the explanation of details, the agreement between the parties is mentioned. But in paymān, it has been mentioned from the beginning to conclude a contract to transfer ownership. wizīr has been used wherever there is talk of the agreement and the document related to it. Therefore, wizīr is the contract and contract document. Comparing them clarifies the difference between the two terms paymān and wizīr. Whenever paymān is mentioned in borrowing, it refers to the conditions of payment, setting the time, and setting the pledge, which the parties define for each other and make an agreement to fulfill the obligations. Wizīr on the subject of borrowing refers to a document in which all the conditions of borrowing are mentioned and sealed