四分律刪繁補闕行事鈔 2.289

2.289

捉寶戒八十二。此是捉寶戒，《多論》明文。因拾遺為緣起，不用舊語。具五緣：一是重寶通自他，二及莊飾具，三非住處及宿處，四無心盜取擬還主，五捉便犯。《多論》：七寶捉者墮。七名如三十戒中。若似寶、銅、鐵、雜色珠等，取得吉羅。不取、如法說淨，不犯。若捉金薄、金像舉藏，若捉他寶、自說淨寶，得墮。似寶，入百一物數者得，不須說淨。《僧祇》中：乃至知佛僧事人，有寶不得自取。若四月八日及大會供養時，浴像金銀塔，及菩薩像，供養具有金銀塗者，使淨人捉。若倒地者，佐助捉無金銀處；若塗遍者，裹手捉。若浴金銀菩薩，使淨人洗，乃至使淨人持，比丘佐助。若已先捉，不得後放。《多論》：若似寶，作女人莊飾具，捉者吉羅；男子莊嚴具，除矛矟、兵器、樂器，餘一切捉，無犯。若使比丘捉寶亦墮。律中開若是供養塔寺莊嚴具，為牢固，收舉不犯（謂無淨人處開）。故《五百問》云：知事人不得捉佛法金銀錢，亦墮。《四分》云：若在寺內、寄宿處，有寶自捉、教人舉。當識囊相、器相，開解看幾方圓、幾新故？有索者，問相貌，同者還；不相應者，云我不見此物。若二人同來取，語同者，持物置前，各自取去。不作如是方便，吉羅。若餘處，捉遺落物者，墮。《僧祇》：若見遺衣物者，當唱令之；無主者，懸高顯處，令人見。若來取，問何處失？答相應者與。無來者，停三月已，若塔園中得者，作塔用；僧園中得者，四方僧用。若貴價物金寶等，不得顯露處，屏看相已，有認相應，對多人前與。教令受三歸，語云：佛不制戒者，眼看不可得。無人來者，停至三年，如上處所，當界用之。比丘若失物，先生心言，後知處當取；後知得取，無罪。客比丘遺衣鉢，主人徙著餘處藏，犯重；彼衣主憶來取者，無罪。若掘地得寶藏者，淨人不可信，當白王；淨人可信，停至一二年，應作塔用。若王覺者，答言：已用作塔；若索者，應以塔物，若乞還之。若王問，律中云何？答云佛言：隨塔僧地得者，還作塔僧用之。若寶藏上有鐵券姓名，亦得直用，進退如上。《成論》：有人言，伏藏屬王，取此物犯盜者。答云：但地上屬王，不論地中。何以故？給孤獨等聖人，亦取此物，故知無罪。又自然得物，不名劫盜。《僧祇》：入聚落中，有遺物不得取，有人取與比丘者得，即是施主。若曠路無人處，有者得取。若衣有寶，以脚躡斷，露捉，使人見。至住處見有寶者，與淨人掌，作衣藥直。《五百問》云：寄白衣物，過期不來，白衣持來施比丘，不合取；若活是有主，若死屬僧物。

Precept 82: Handling precious objects. This is the precept against handling precious objects, explicitly stated in the Sarvāstivāda-vinaya-vibhāṣā. It originates from picking up lost property; the old terminology is not used. It possesses five conditions: first, it is a valuable treasure, whether belonging to oneself or another; second, as well as decorative items; third, it is neither one's dwelling place nor lodging; fourth, having no intention to steal, but intending to return it to the owner; fifth, handling it constitutes the offense. The Sarvāstivāda-vinaya-vibhāṣā states: One who handles the seven precious substances incurs a pāyattika. The names of the seven are as given in the thirty [naiḥsargika-pāyattika] precepts. If they are imitation precious objects, copper, iron, varicolored gems, and the like, taking them incurs a duṣkṛta. If one does not take them, or performs formal deconsecration (vikalpana) according to the Dharma, there is no offense. If one handles gold foil or a gilded statue to put it away, or if one handles another's precious object, or formally deconsecrates a precious object oneself, one incurs a pāyattika. If it is an imitation precious object and is counted among the one hundred and one permissible articles, one may keep it and need not formally deconsecrate it. In the Mahāsāṃghika-vinaya: Even a person in charge of affairs concerning the Buddha or the Saṃgha must not take precious objects themselves if there are any. If on the eighth day of the fourth month or during great assemblies for making offerings, when bathing images, stupas of gold and silver, and bodhisattva images, or offering implements coated with gold or silver, one should have a kappiyakāraka handle them. If they fall to the ground, one may assist by grasping parts that lack gold or silver; if completely coated, one should wrap one's hands to handle them. If bathing a gold or silver bodhisattva, have a kappiyakāraka wash it, and even have a kappiyakāraka hold it, with the bhikṣu assisting. If one has already taken hold of it first, one must not let go afterward. The Sarvāstivāda-vinaya-vibhāṣā states: If imitation precious objects are made into women's ornaments, handling them incurs a duṣkṛta; for men's ornaments, excluding spears, lances, weapons, and musical instruments, handling anything else incurs no offense. If one causes another bhikṣu to handle precious objects, that is also a pāyattika. In the Dharmaguptaka Vinaya, an exception is made: if it is an ornamental implement for offering to a stupa or monastery, putting it away for safekeeping incurs no offense (this allowance applies where there is no kappiyakāraka). Thus the Five Hundred Questions says: A steward must not handle gold, silver, or money belonging to the Buddha or the Dharma; [doing so] is also a pāyattika. The Dharmaguptaka Vinaya says: If within a monastery or a lodging place there are precious objects, one may pick them up oneself or instruct someone to take them. One must note the features of the bag and the container, open it to see how many are square or round, and how many are new or old. If someone comes searching for it, ask about its appearance; if it matches, return it; if it does not correspond, say, 'I have not seen this item.' If two people come together to claim it and their descriptions are the same, place the item before them and let each take their leave. If one does not employ such expedient means, it is a duṣkṛta. If in any other place one handles dropped articles, it is a pāyattika. The Mahāsāṃghika-vinaya states: If one sees lost clothing or articles, one should announce it; if there is no claimant, hang it in a high and visible place so people can see it. If someone comes to claim it, ask where it was lost; if the answer matches, give it to them. If no one comes, after holding it for three months: if found in a stupa compound, use it for the stupa; if found in a monastery compound, use it for the cāturdiśa-saṃgha. If it is a costly object like gold or jewels, it must not be put in an exposed place; after inspecting its features in private, if a claimant's description matches, hand it over before multiple people. Instruct them to take the three refuges, saying: 'Had the Buddha not instituted this precept, you would never have laid eyes on it again.' If no one comes, hold it for up to three years, and use it in the respective places as mentioned above within that sīmā. If a bhikṣu loses an item and first generates the thought, 'When I find out where it is later, I will retrieve it,' and retrieves it after finding out, there is no fault. If a guest bhikṣu leaves behind robes or an almsbowl and the resident monk moves them to another place to hide them, he commits a grave offense; if the owner of those robes remembers and comes to retrieve them, there is no fault. If one excavates the ground and finds buried treasure, if the kappiyakāraka is untrustworthy, one should inform the king; if the kappiyakāraka is trustworthy, keep it for one to two years, and it should be used for the stupa. If the king discovers it, answer: 'It has already been used for the stupa'; if he demands it, one should return it using stupa property or by begging. If the king asks what the Vinaya says, answer that the Buddha said: 'Whatever is found on stupa land or Saṃgha land is returned to be used for the stupa or Saṃgha.' If there is an iron contract bearing a name on the buried treasure, one may also use it directly, advancing or yielding as described above. The *Tattvasiddhi-śāstra* states: Some say hidden treasure belongs to the king, and taking this property constitutes theft. It answers: Only that which is above ground belongs to the king, not that which is underground. Why? Holy persons such as Anāthapiṇḍada also took such items; hence we know it is without fault. Moreover, items acquired naturally are not called robbery. The Mahāsāṃghika-vinaya states: When entering a village, if there are lost items, one must not take them; if someone picks them up and gives them to the bhikṣu, he may receive them, for that person is then the donor. If it is in an uninhabited wilderness path and there are items, one may take them. If there is a jewel in a robe, step on it to sever it, grasp it openly, and let others see it. When arriving at the residence, if jewels are found, give them to a kappiyakāraka to manage as the cost of robes and medicines. The Five Hundred Questions says: If property left with a layperson is not retrieved past the deadline, and the layperson brings it to offer to the bhikṣu, it is improper to accept it; if [the owner] is alive, it has an owner; if deceased, it belongs to the Saṃgha.