Dharmaguptaka-vinaya 1.33

1.33

爾時摩竭國瓶沙王有守材人，與此檀尼迦比丘少小親厚知識。時檀尼迦比丘往至守材人所語言：「汝知不耶？王瓶沙與我材木，我今須材便可與我。」彼人言：「若王與者，好惡多少隨意自取。」王所留要材，比丘輒取斫截持去。時有一大臣統知城事，至材坊見王所留要材斫截狼藉，見已即問守材人言：「此王所留要材，誰斬截持去？」守材人言：「是檀尼迦比丘，來至我所而作是言：『王與我材，今須材用便可見與。』我尋報言：『王與汝材，恣意取之。』時比丘即入材坊斫截持去。」時大臣聞此語已即嫌王言：「云何以此要材與比丘？幸自更有餘材可以與之，而令此比丘斫截要材持去。」時大臣往至王所白言：「大王！先所留要材，云何乃與比丘令斫截持去？幸自更有餘材可以與之，何故壞此好材？」王報言：「我都不自憶以材與人，若有憶者語我。」時大臣即攝守材人來將詣王所。時守材人遙見檀尼迦比丘語言：「大德！以汝取材故今攝我去，汝可來為我決了，慈愍故。」比丘報言：「汝但去！我正爾往。」時檀尼迦比丘後往王所，在前默然而住。王即問言：「大德！我實與汝材不？」比丘答言：「實與我材。」王言：「我不憶與汝材，汝可為我作憶念。」比丘報言：「王自憶不？初登位時口自發言：『若我世時，於我境內，有沙門、婆羅門知慚愧樂學戒者，與而取、不與不取、與而用、不與不用。從今日沙門、婆羅門，草木及水聽隨意用，不得不與而用。自今已去，聽沙門婆羅門草木及水隨意用。』」王言：「大德！我初登位時實有如是語。」王言：「大德！我說無主物，不說有主物。大德應死！」王自念言：「我剎利王水澆頭種，云何以少材而斷出家人命？是所不應。」爾時王以無數方便訶責比丘已，勅諸臣放此比丘去，即如王教放去。後諸臣皆高聲大論不平：「王意云何？如此死事，但爾呵責而放也？」時羅閱城中有諸居士不信樂佛法眾者，皆譏嫌言：「沙門釋子無有慚愧、無所畏懼，不與而取，外自稱言：『我知正法。』如是何有正法？尚取王材，何況餘人。我等自今已往，勿復親近沙門釋子，禮拜、問訊、供養、恭敬，無使入村、勿復安止。」時諸比丘聞，諸少欲知足、行頭陀、知慚愧、樂學戒者嫌責檀尼迦：「云何偷瓶沙王材木耶？」爾時諸比丘往至佛所，頭面禮足已在一面坐，以此因緣具白世尊。世尊爾時以此因緣集比丘僧，知而故問：「檀尼迦比丘，汝審爾王不與材而取不？」答言：「實爾！世尊。」世尊爾時以無數方便訶責檀尼迦比丘言：「汝所為非，非威儀、非沙門法、非淨行、非隨順行、所不應為。云何檀尼迦王不與材而取？我無數方便稱歎與者當取、取者當用。汝今云何王不與材而取耶？」爾時復有一比丘名曰迦樓，本是王大臣善知世法，去世尊不遠在眾中坐。爾時世尊知而故問迦樓比丘言：「王法不與取，幾許物應死？」比丘白佛言：「若取五錢、若直五錢物應死。」「云何檀尼迦比丘，王不與材而取？」爾時世尊以無數方便呵責檀尼迦比丘已，告諸比丘：「檀尼迦比丘癡人，多種有漏處最初犯戒，自今已去與比丘結戒，集十句義乃至正法久住，欲說戒者當如是說：若比丘，若在村落、若閑靜處，不與盜心取，隨不與取法，若為王、王大臣所捉，若殺、若縛、若驅出國，『汝是賊、汝癡、汝無所知。』是比丘波羅夷，不共住。」

At that time King Bimbisāra of Magadha had a wood-keeper who had been a close friend and acquaintance of the bhikṣu Dhaniya from their youth. Then the bhikṣu Dhaniya went to the wood-keeper and said to him, 'Do you know or not? King Bimbisāra gave me lumber. I need lumber now, so please give it to me.' The man said, 'If the king gave it, take as much as you wish, whether good or bad.' The bhikṣu immediately took, cut down, and carried off the prime lumber that the king had reserved. At that time there was a great minister who governed the city's affairs. He came to the timberyard and saw the prime lumber reserved by the king lying cut down and strewn in disorder. Seeing this, he immediately asked the wood-keeper, 'Who has chopped down and carried off this prime lumber reserved by the king?' The wood-keeper said, 'It was the bhikṣu Dhaniya, who came to me and said, "The king gave me lumber. Now that I need lumber, please give it to me." I then replied, "If the king gave you lumber, take it as you please." The bhikṣu then entered the timberyard, cut it down, and carried it off.' When the minister heard these words, he blamed the king, saying, 'Why give this prime lumber to a bhikṣu? Fortunately there was other lumber that could have been given to him, yet he had this bhikṣu cut down and carry off the prime lumber!' Then the minister went to the king and said, 'Great King! Why did you give the prime lumber previously reserved to a bhikṣu, having him cut it down and carry it off? Fortunately there was other lumber that could have been given to him. Why ruin such fine lumber?' The king replied, 'I have no recollection at all of giving lumber to anyone. If there is someone who remembers, let him tell me.' The minister then arrested the wood-keeper and brought him before the king. From afar, the wood-keeper saw the bhikṣu Dhaniya and said to him, 'Venerable, because you took the lumber, I am now being arrested. Please come and resolve this for me out of compassion!' The bhikṣu replied, 'Just go ahead! I am coming right behind you.' The bhikṣu Dhaniya then went to the king's presence and stood silently before him. The king then asked, 'Venerable, did I truly give you the lumber or not?' The bhikṣu replied, 'You truly gave me the lumber.' The king said, 'I do not remember giving you lumber; remind me.' The bhikṣu replied, 'Does the king remember? When you first ascended the throne, you uttered these words yourself: "During my reign, within my realm, if there are śramaṇas or brāhmaṇas who know shame and conscience and delight in training in the precepts, they take when given and do not take when not given; they use when given and do not use when not given. From this day forward, śramaṇas and brāhmaṇas are permitted to use grass, wood, and water as they wish; they may not use without permission. From now on, śramaṇas and brāhmaṇas are permitted to use grass, wood, and water as they wish."' The king said, 'Venerable, when I first ascended the throne I truly made such a statement.' But the king added, 'Venerable, I was speaking of unowned things; I was not speaking of owned things. Venerable, you deserve to die!' Then the king reflected to himself, 'I am a kṣatriya king, one of the anointed lineage. How could I take the life of a renunciant over a bit of lumber? That would not be proper.' The king then rebuked the bhikṣu in countless ways, and commanded his ministers to let the bhikṣu go. They let him go in accordance with the king's order. Afterwards the ministers all loudly and heatedly protested the unfairness: 'What was the king thinking? For a capital offense like this, to merely rebuke him and let him go?' At that time there were householders in Rājagṛha who lacked faith in and devotion to the Buddha, the Dharma, and the Saṅgha. They all criticized and complained, saying, 'The śramaṇas, the Śākyan sons, have neither shame nor fear. They take what is not given, yet outwardly claim, "We know the true Dharma!" What true Dharma can there be in this? If they even take the king's lumber, how much more that of other people? From now on, let us no longer associate with the śramaṇas, the Śākyan sons, nor bow to, inquire after, make offerings to, or show reverence to them; do not let them enter the villages, and do not accommodate them any longer!' When the bhikṣus who had few desires, were content, practiced the dhūtas, possessed shame and conscience, and delighted in training in the precepts heard this, they reproached Dhaniya: 'How could you steal King Bimbisāra's timber?' Then the bhikṣus went to the Buddha, bowed their heads at his feet, sat to one side, and reported this matter fully to the Bhagavat. Thereupon the Bhagavat gathered the bhikṣu-saṅgha on account of this matter and, knowing full well, asked: 'Bhikṣu Dhaniya, is it true that you took the lumber when the king had not given it to you?' He replied, 'It is truly so, Bhagavat.' The Bhagavat then rebuked the bhikṣu Dhaniya in countless ways, saying, 'What you have done is wrong; it is not deportment, not the conduct of a śramaṇa, not pure conduct, not compliant conduct; it is what ought not to be done. Why, Dhaniya, did you take the timber when the king had not given it? In countless ways I have praised taking what is given and using what is taken. How could you now take the timber when the king had not given it?' At that time there was another bhikṣu named Kalu, who had formerly been a great royal minister and was well versed in the laws of the world; he was sitting in the assembly not far from the Bhagavat. The Bhagavat, knowing full well, asked the bhikṣu Kalu: 'Under the king's law, for taking what is not given, of what value must the property be to warrant death?' The bhikṣu reported to the Buddha: 'If one takes five coins or property worth five coins, one deserves to die.' 'Why, then, bhikṣu Dhaniya, did you take the timber when the king had not given it?' Having rebuked the bhikṣu Dhaniya in countless ways, the Bhagavat addressed the bhikṣus: 'The foolish man, the bhikṣu Dhaniya, has in various defiled ways committed the initial breach of the precepts. From now on I lay down a precept for the bhikṣus, gathering the ten objectives and so on up to ensuring that the true Dharma endures long. Whoever wishes to recite the precepts should recite them thus: "Whatever bhikṣu, whether in a village or in a quiet place, with intent to steal takes what is not given, according as taking what is not given is dealt with by the law, such that he is arrested by kings or royal ministers, whether executed, bound, or banished from the realm, [with the words], 'You are a thief, you are foolish, you know nothing'—such a bhikṣu is defeated (pārājika) and no longer in communion."'