بررسی تحلیلی حق ارث و میراث زن در ازدواج های عصر ساسانی (مقاله علمی وزارت علوم)
درجه علمی: نشریه علمی (وزارت علوم)
آرشیو
چکیده
در دین زردشتی ازدواج از اهمیت و جایگاه ویژه ای برخوردار است و هر زردشتی موظف است ازدواج کند و تشکیل خانواده دهد تا بتواند نامگاه و اجاق خانواده را زنده نگه دارد. افزون بر این، حفظ اموال و دارایی خانواده نیز از اهمیت بسزایی برخوردار است و می بایست افراد خانواده در حفظ و نگه داری اموال خانواده نسل به نسل کوشا باشند و آن را محفوظ دارند. در ایران عصر ساسانی نیز مسئله ارث در دین زردشتی اهمیت بسزایی پیدا کرده بود و هر فرد زردشتی موظف بود فرزند پسری از خود باقی گذارد تا آن فرزند میراث دار نام، اجاق و اموال خانواده باشد. زمانی که فرزند پسری در میان نبود، برای تأمین جانشین ازدواج های نیابی صورت می گرفت و فرزندان حاصل از این ازدواج ها نیز به عنوان ارث بر شناخته می شدند. این پژوهش به صورت توصیفی تحلیلی و براساس منابع کتابخانه ای به بررسی میزان سهم الارث وراث در شرایط گوناگون ازدواج و وظایف آنان نسبت به متوفی پرداخته است. بررسی ها حاکی از آن است که بهره مندی وراث از ترکه متغیر بود. در وهله نخست، ریشه چنین تفاوتی در نوع و نحوه ازدواج زن/دختر نهفته است. در وهله دوم، اندیشه ای در باب اهمیت فرزند پسر به عنوان عامل پل سازی برای عبور روان از پل چینوت و زنده نگهداشتن آیین نیاکان وجود داشت که ایجاد طبقات گوناگون وراث را به دنبال داشته است که بدین سان، ما در دین زردشتی با گونه های مختلف وراث روبه رو می شویم.Analytical investigation of the patrimonial law and inheritance of women in Sassanid era marriages
In the Zoroastrian religion, marriage has a special importance and position, and every Zoroastrian is obliged to get married and form a family in order to keep the name (nāmagānȋh) and the heart of the family alive. In addition, the preservation of family property is also very important, and family members should be diligent in preserving family property from generation to generation and keep it safe. In Sasanian Iran, the issue of inheritance became very important and the Zoroastrian was obliged to leave behind a male child so that the child would inherit the family’s name, hearth, and property. Surrogate marriages were performed when there was no male child, and the children of these marriages were also recognized as heirs. Based on library sources, this study investigates the share of inheritance of heirs under various marriage conditions and their obligations towards the deceased. Investigations indicate that the benefit of the heirs from the estate varied. The root of such a difference lies in the type and manner of marriage of women and girls. In the second place, there was an idea about the importance of a male child as a bridge-building factor for the smooth crossing of the Chinot bridge and keeping alive the religion of the ancestors, which led to the creation of different classes of heirs. Thus, in Zoroastrianism, we face different types of heirs. Keywords: Sasanians, Sassanid Woman, Marriage, Heritage, Patrimonial Law. IntroductionIn Zoroastrianism, marriage holds a special significance, and every Zoroastrian is obligated to marry and start a family to ensure the continuation of the family name and the household’s sacred fire. Additionally, the preservation of family assets is paramount, and family members must strive to safeguard these assets through generations. How would their assets be divided if an individual died without children or heirs? Studies show that the inheritance share of heirs varies. Firstly, these differences were rooted in the type and nature of the woman’s/daughter’s marriage. Secondly, a belief existed regarding the importance of a male child as a bridge-builder for the soul’s passage across the Chinvat Bridge and as a means of preserving ancestral traditions, which led to the creation of various classes of heirs. Researchers such as Macuch (2004), Shaki (1971, 1999), and Hjerrild (1993) have briefly examined certain types of inheritance divisions in different marriages. Materials and MethodsThis research, conducted using a descriptive-analytical method and based on library resources, examines the share of heirs in different marital conditions and their responsibilities toward the deceased. In this study, in addition to referring to Pahlavi texts remaining from the Sassanian and post-Sassanian periods, such as the Mādayān ī Hazār Dādestān, the narration of Ādhar Farnbagh Farrokhzādān, the narration of Omid Ashvahishtan, the Dādestān ī Dēnīg, the eighth Dēnkard, and others as the primary sources of Zoroastrian jurisprudential data, works of modern researchers, including Matsukh, Pirkhaniān, and Yerild, were also reviewed. This research aims to answer the study’s main question by correlating and analyzing the data extracted from the mentioned Pahlavi texts and interpreting them based on the latest research findings. Research FindingsWhat prompted us to examine inheritance and the amount of heirs’ share in Zoroastrianism is the fact that none of the previous studies have thoroughly and independently addressed all aspects of inheritance in full detail. In most studies, the inheritance share in the pādixšāyī marriage (royal marriage) has often been explained, while less attention has been paid to the topics mentioned in other classes. Thus, we aimed to demonstrate how women received their inheritance in different forms of marriage and how the diversity of marriage types could influence their inheritance share and sometimes deprive them of their legal rights. A comprehensive examination of the legal rules discussed earlier strengthens the view that, in Zoroastrianism, heirs could either jointly share in the family property or divide the assets among themselves, with each individual receiving their share. Those who received the assets bore responsibilities and duties toward the deceased. However, their responsibilities were not uniform; sometimes, they were obliged to pay debts and preserve the family property. Discussion of Results and ConclusionsA comprehensive examination of the legal rules mentioned earlier strengthens the view that, in Zoroastrianism, heirs could either jointly share in the family property or divide it among themselves, with each individual receiving their portion. Those who inherited the property bore responsibilities and duties toward the deceased. However, their responsibilities were not the same; at times, they were required to settle debts and maintain the family property. Sometimes, their responsibility was to provide a male heir and successor for the deceased without children. Depending on the marriage class in which the individuals were involved, their share of the deceased’s estate varied. In some cases, the person receiving the inheritance was considered only a trustee, and upon the male heir reaching maturity, the property would be transferred to him, ending the trustee’s responsibility. These jurisprudential and legal findings show that the type of marriage and the position of the woman/daughter within it could significantly influence the amount of their inheritance share, and the type of marriage could even affect the inheritance share of children born from proxy marriages. Therefore, no women/daughters could inherit equally, and the difference in their inheritance shares was substantial. Additionally, as the Zoroastrian community coexisted with Muslims, religious leaders enacted new laws according to the circumstances of the time to meet the needs of that era’s society.
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