四分律刪繁補闕行事鈔 2.66

2.66

初犯境之中。謂六塵六大，有主之物，他所吝護，非理致損，斯成犯法。若無主物，及以己物，或為緣差、境奪、心想、疑轉，雖有盜取之心，而前非盜境，並不結犯，唯有本心方便。問：何名無主物？答：《善見》云：子作惡事，父母逐去，後時父母死者，是物無主，用則無罪。《薩婆多》云：二國中間，兩邊封相，其間空地有物，是名無主。又云：若國破王走，後王未統，此中有物，又是無主。即如俗令，山澤林藪，不令占護；若先加功力，不得盜損。

First, regarding the object of transgression: this refers to the six sense objects and six great elements, property that has an owner, which another protects and begrudges; causing damage to it unjustifiably constitutes a transgression. If it is ownerless property, or one's own property, or if due to diverging conditions, usurpation of the object, changes in mental perception or doubt, although one has the intention to steal, the object before one is not an object of theft, these do not constitute transgressions; there is only the expedient action of one's original intention. Question: What is called ownerless property? Answer: The *Samantapāsādikā* states: "If a son commits evil deeds and his parents drive him away, and later the parents die, these goods are ownerless, and using them carries no offense." The *Sarvāstivāda-vinaya-vibhāṣā* states: "Between two countries, where both borders are demarcated, if there are goods in the vacant land between them, they are called ownerless." It also states: "If a country is ruined, its king flees, and a subsequent king has not yet taken control, goods in this place are also ownerless." This is just like secular statutes: mountains, marshes, forests, and thickets may not be occupied or protected; but if effort was previously applied, one must not steal or damage them.