四分律刪繁補闕行事鈔 2.70

2.70

First, regarding the theft of the Buddha’s property: strictly with respect to the Buddha, there is no offense of theft, because the Buddha has no sense of "mine" toward property and his mind is without distress or injury. One incurs only a sthūlātyaya, because it falls under the category of non-human beings. The Daśādhyāya-vinaya states: stealing the robes of an image of a deva incurs a sthūlātyaya. The Mahāparinirvāṇa-sūtra also states: if someone builds a Buddhist monastery and uses pearls and flower garlands to make offerings, and another takes them arbitrarily without asking, whether knowing or not knowing, both incur a sthūlātyaya. If there is a custodian, then concerning the property of the Three Jewels, a major offense is established in all cases; if there is no custodian, the offense is established with respect to severing the donor's merit. Therefore the Vinaya states: if one steals banners, canopies, and the like from a stūpa of the Buddha or a stūpa of a śrāvaka, the offense is established in all cases with respect to severing the original donor's merit. Thus in the Five Hundred Questions: when sweeping dust on a stūpa, it must be discarded on clean ground and must not be put to bad use. The Mātṛkā states: stealing property in a shrine of non-human beings incurs a major offense if there is a custodian. The Daśādhyāya-vinaya states: stealing property of a stūpa or offering utensils in a vihāra, if there is a custodian, an offense is established by calculating the value. In the Upāsakaśīla-sūtra, one also incurs a major offense based on the stūpa keeper, not established with respect to the Buddha. The reason it is established based on the person guarding the property is as distinguished under the theft of human property. If one steals it solely to make offerings, there is no offense: the Sarvāstivāda-vinaya-vibhāṣā discusses stealing a Buddha image, and the Daśādhyāya-vinaya discusses stealing relics; if in both cases one makes offerings with a pure mind, thinking to oneself, "That is a teacher, and I also am a teacher," with such an intention, there is no offense. In the Mātṛkā: stealing a Buddha image or relics, if not reaching five [māṣakas], it is a sthūlātyaya; if reaching five, it is a major offense. The Sarvāstivāda states: this refers to reselling them; if a bird dies in a Buddha stūpa, or other property is obtained, it may only be used for offerings to the stūpa, and other uses incur theft.