四分律刪繁補闕行事鈔 2.80

2.80

Major Section Two: Among cases of stealing the property of humans, because there is definitely an owner, an offense is determined with reference to two [kinds of] owners: first, harming the original owner; second, harming the custodial owner. Concerning the property of the original owner, there are necessarily three cases: First, having a thought of "mine" and having custodial protection, such as silk, cloth, and valuables kept in a chest. Second, having a thought of "mine" but without custodial protection, such as the five grains in a field. Third, not having a thought of "mine" and without custodial protection, such as buried treasure in the ground. If one steals these three, an offense is incurred in all cases by harming the original owner. Concerning the custodial owner, two cases differ: First, having a thought of "mine" and providing distinct custodial protection, such as the distributable property of the saṃgha where someone is ordered to guard it continuously. Second, not having a thought of "mine" but providing distinct custodial protection, such as contraband seized at a customs checkpoint, or lost property of a bhikṣu seized by officials. If one steals such property, an offense is incurred with reference to the custodian. Now, taking these two owners together, they are divided into seven kinds.