四分律刪繁補闕行事鈔 2.66

2.66

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.