四分律刪繁補闕行事鈔 2.97

2.97

第三殺人戒。犯緣具五：一是人，二人想，三起殺心，四興方便，五命斷。初緣人者，律云：從初識至後識，而斷其命也（初識者，謂初識在胎，猶自疑滑，是識所依；乃至命終，最後一念，未捨執持，隨燸壞者是也）。其相易識，故略述之。《四分》云：殺有二種：一者自殺。謂身現相，口讚死相；坑陷、倚發、若安殺具，及以與藥等。二教他而殺。隨其前使，若教歎、教遣使、往來使、重使、展轉使、求男子、教求男子、遣書、教遣書等。並任方便，但令命終；稱本期者，三性之中，能教犯重，餘如後篇。《十誦》：不得自傷毀形，乃至斷指，犯罪。《伽論》：病人不欲起，不欲舒，若起者當死；看病人強與食藥，死者，偷蘭。㿈未熟彊破，命終，亦爾。不與食，不治療，因而死者，亦偷蘭。《薩婆多》：比丘知星曆陰陽吉凶；由比丘語，征破異國，殺害得財，皆犯盜殺二波羅夷。優婆塞例同。《十誦》：為人作坑，人死重，畜生死偷蘭；為畜作坑，畜死如律，人死吉羅；若本漫心，隨境輕重。《薩婆多》：若為一人讚死，此人不解，邊人解，用此法死者，無犯。今多有人自焚，多有愚叢七眾，讚美其人，令生欣樂，並如律本結重。又如比丘被官刑戮，膾子因相從人索手巾絹帛，以作籠頭絞繩等，亦有無知五眾與者，即名殺具，命終結重。《僧祇》：父母被王法，比丘語典刑者，乞其一刀，尋用語者，亦重。《五分》、《四分》：自殺者偷蘭，謂結其方便。不犯中，律云：若擲刀杖瓦石材木，誤著彼身而死；及扶抱病人而死；或以藥食；及以來往出入而死者，一切無害心，不犯。故俗律云，過失殺人者，以贖論（謂目所不見，心所不意，共舉重物，乘高履危之類）。

Third, the precept against killing human beings. The conditions for transgression are five: first, it is a human; second, one conceives of them as a human; third, one gives rise to the intention to kill; fourth, one engages in preparatory expedients; fifth, their life is cut off. Regarding the first condition of being a human, the Vinaya states: from the initial consciousness until the final consciousness, cutting off their life (the initial consciousness refers to the first consciousness in the womb, which is still congealed and smooth, being that on which consciousness relies; up to the end of life, the very last thought, where one has not yet relinquished clinging, which disintegrates along with warmth). Its characteristics are easy to recognise, hence they are described briefly. The Dharmaguptaka Vinaya states: There are two kinds of killing: first, killing by oneself. This means bodily manifesting signs; verbally praising the signs of death; pitfalls, setting tripwires, arranging instruments of killing, administering poison, and the like. Second, instructing another to kill. Following upon the earlier envoy, whether instructing praise, instructing the dispatch of an envoy, an envoy going back and forth, a repeated envoy, an envoy passed along successive hands, seeking a man, instructing the search for a man, sending a letter, instructing the sending of a letter, and so forth. All are left to expedients, provided that they result in the cutting off of life; if it matches one's original expectation, within the three natures of mind, the one who can instruct incurs a grave offense; the rest is as in the later section. The Daśādhyāya-vinaya states: One must not harm oneself or disfigure the body, up to cutting off a finger; doing so incurs an offense. The Mātrikā states: A sick person does not wish to get up or stretch out, for if they get up they will die; if the one nursing the patient forces them to take food or medicine, and they die, it is a thullaccaya. If a boil is not yet ripe and is forcibly broken open, and life ends, it is also like this. If one does not give food and does not provide medical treatment, and they die as a result, it is also a thullaccaya. The Sarvāstivāda states: If a bhikṣu understands astrology, yin-yang, and auspicious or inauspicious signs; and through the bhikṣu's words, a foreign country is invaded and destroyed, and killing or seizing property occurs, he incurs both pārājikas of theft and killing. Upāsakas are treated similarly. The Daśādhyāya-vinaya states: If one digs a pit for a human, and a human dies, it is grave; if an animal dies, it is a thullaccaya. If one digs a pit for an animal, and an animal dies, it is as the Vinaya specifies; if a human dies, it is a duṣkṛta. If one's original intention was general and unspecified, it follows the gravity of the object. The Sarvāstivāda states: If one praises death to a person, and this person does not understand, but a bystander understands and dies using this method, there is no transgression. Nowadays many people burn themselves, and many among the foolish multitude of the seven assemblies praise such persons and cause them to feel joyful delight; all are reckoned as grave offenses according to the root Vinaya. Furthermore, if a bhikṣu is being executed by the authorities, and the executioner asks someone for a cloth or silk handkerchief to use as a halter or strangling cord, and ignorant members of the five assemblies give it, it is termed an instrument of killing, and when life ends, a grave offense is incurred. The Mahāsāṃghika-vinaya states: If parents are subject to royal law, and a bhikṣu says to the executioner, "Grant him a single stroke of the sword," and the executioner immediately acts on those words, it is also grave. The Pañcavargika and Dharmaguptaka state: For committing suicide it is a thullaccaya, meaning the offense is assigned to the preparatory expedients. Under non-offenses, the Vinaya states: If one throws a knife, staff, tile, stone, or timber, and mistakenly strikes another's body so that they die; or while supporting or holding a sick person they die; or through medicine or food; or by coming, going, entering, or exiting they die—in all cases where there was no harmful intent, there is no offense. Thus secular law says: "In cases of killing by negligence, it is treated by ransom" (meaning things that the eye did not see and the mind did not intend, carrying heavy objects together, climbing high or walking on danger, and the like).