四分律刪繁補闕行事鈔 2.102

2.102

The second precept on physically touching a woman. The Sarvāstivāda-vinaya-vibhāṣā gives six reasons: First, one who has left home drifts without relying upon anything; this precept is now established to serve as a companion for him, so that he has something to rely upon. Second, to quell disputes, as this is the root of quarreling. Third, to quell suspicion and slander, because people would not think it was merely taking hold [of her], but that a great evil was being committed. Fourth, to sever the source of great evil, by preventing subtleties to guard against attachment. Fifth, to guard right mindfulness, because if one touches a woman, one is certain to lose right mindfulness. Sixth, when a bhikṣu leaves home, in principle he ought to transcend mundane defilement, rest his mind outside entanglements, and serve as a model for the world; if he touches a woman, he loses the worldly people's reverence. It requires five conditions to constitute an offense: 1. A human female; 2. The perception of her as a human female; 3. Having a mind of lustful attachment; 4. Mutual physical contact; 5. Upon making contact, an offense is incurred. First, to clarify 'human female': the base Vinaya states that there are four kinds of women, as in the precept against sexual intercourse. 'Having a mind of lustful attachment' means a lustful, defiled mind. 'Body' means from the hair to the feet. Regarding 'mutual contact', there are three kinds: First, the bhikṣu goes and touches an unclothed conscious female, one who is asleep, one newly dead, or one minimally decomposed; if he merely goes and makes contact, regardless of whether he experiences pleasure or not, he incurs a saṃghāvaśeṣa in all cases. Second, the woman comes and touches the bhikṣu: it is not necessary that she has a lustful mind, but if the bhikṣu moves his body and experiences pleasure, he incurs a saṃghāvaśeṣa. This Vinaya text is unclear; now following the Daśādhyāya-vinaya, it is said that he incurs a saṃghāvaśeṣa. If he does not move his body but experiences pleasure, in this Vinaya it is a duṣkṛta. If he previously had a mind of lustful attachment toward the woman before him, and later the woman comes and touches the bhikṣu, if he does not move but experiences pleasure, it is a sthūlātyaya; if he moves, he incurs a saṃghāvaśeṣa. The above are all spoken based on both being unclothed. If one of them has clothing, he incurs a sthūlātyaya; if both have clothing, he incurs a duṣkṛta. If there is mutual contact with the body of a hermaphrodite, it is a sthūlātyaya; here again the Vinaya text is unclear, but according to the Daśādhyāya-vinaya and Vinayavibhāṣā, if his intention is on the female aspect, it is a saṃghāvaśeṣa, and if on the male aspect, a sthūlātyaya. In the Vinaya, if with lustful desire one touches a male, or robes, bowls, or sitting mats, or even touches one's own body, all are duṣkṛtas. The Samantapāsādikā says: If hair touches hair, or nail touches nail, all are sthūlātyayas, because that which lacks sensation touches [that which lacks sensation]. For conscious and non-conscious objects, a fourfold proposition should be made. The Daśādhyāya-vinaya says: If the physical faculties of both the bhikṣu and the woman are mutually damaged, touching each other is in all cases a sthūlātyaya. If one touches a woman's body with nails, teeth, hair, wounds, or meatless bones, it is a sthūlātyaya. If according to the Dharmaguptaka-prātimokṣa: taking hold of hair is a saṃghāvaśeṣa, this refers to using that which has sensation to touch that which lacks sensation. In the Mahāsāṃghika-vinaya: if one touches an animal female, all are duṣkṛtas; an unhuman female is also like this, referring to when there is no lustful mind. The Daśādhyāya-vinaya says: If one touches the body of an asexual woman or man, both are sthūlātyayas. The Mahāsāṃghika-vinaya says: If one thinks it is a man or a paṇḍaka, but it is actually a woman, touching her incurs a saṃghāvaśeṣa; this refers to previously having a preparatory mind, and later conforming to the original object. The Samantapāsādikā states: Mutual contact incurs five offenses—namely, pārājika, saṃghāvaśeṣa, sthūlātyaya, and duṣkṛta; touching with a finger incurs a pāyattika. Under non-offenses, the Vinaya states: If taking or giving something results in contact, or if one is jesting, or if contact occurs while untying each other, none of these constitute this offense, though it does not mean there is no other offense. The Mahāsāṃghika-vinaya says: If one holds an object together with a woman, holds a vessel while reciting an aspiration, holds the ends of a cord while serving food, or holds a staff, bamboo, or wood together, these are all improper conduct (īryāpatha); if one has lustful intent, it is a duṣkṛta. Moving an object, vessel, or cord with lustful intent, or splashing water onto a woman, are all sthūlātyayas. If a mother or other close relative embraces or takes hold of a bhikṣu after a long separation, he should abide in right mindfulness, and there is no offense. The Daśādhyāya-vinaya says: If a mother, daughter, or sister suffers from illness, or faces perils of water, fire, weapons, deep pits, or ferocious beasts, rescuing them is without offense, provided there is no lustful mind. If she is submerged in water, the bhikṣu is allowed to grab her by hand; even if a lustful thought arises, he should hold only one place and not let go; having reached the bank, he should not intentionally touch her, [otherwise] he incurs a saṃghāvaśeṣa. If a woman pours water into a bhikṣu's hand in an unbroken stream, and he generates a lustful mind toward the woman, it is a sthūlātyaya. The Mahāsāṃghika-vinaya says: If a city gate or path is narrow and one encounters a crowded throng of women, one must wait until it clears before passing. If a woman needs something, he should have a kappiyakāraka give it; if there is none, he should place it upon a bed or table and tell her to take it. If a load is too heavy to lift and she asks the bhikṣu for help, when there is no kappiyakāraka nearby, the bhikṣu may lift it onto a high place for her and let her carry it herself. If, when begging for food, a beautiful woman comes carrying food, if the bhikṣu gives rise to a lustful thought, he should set his bowl on the ground and let someone else hand it back and forth. Following this, if one obtains needles, thread, water vessels, or other items from a woman, fearing inadvertent contact, he should tell her to place them on the ground, and then the bhikṣu takes them himself. The rest are understood by analogy. The Daśādhyāya-vinaya and Dharmaguptaka Vinaya have many allowances; but according to the Mahāsāṃghika-vinaya, even in the peril of drowning, there is no allowance even unto death. One must understand the intention behind strictness and leniency: the accumulation and increase of faults invariably stem from this.