四分律行事鈔資持記 2.430

2.430

引證中，初至從急，引前段文。彼明盜人寶藏，故約堈中，顯其犯相。彼具云：若滿堈寶，以手搦取，手未離處；指中迸一分出，還落堈中，偷蘭遮；若出離堈，得波羅夷。（即鈔初解。）有法師解，堈底取寶，已離堈底，未出堈口，得波羅夷。（鈔中又解。）法師下，加鈔引，此即論主取後師解。又觀下，引後段。言五事者，彼云：智慧律師，若諍事起，先觀五處，然後判斷。處者，若我欲取此物；語已，已得罪；應觀此物，有主與無主。若有主捨心不捨，若未捨心，而偷，且計律罪；若已捨心，得波羅夷等。（此觀一事。）時者，取時，此衣有時輕，有時重；若輕時，即以輕時價直得罪；若重時，即以重時價得罪等。（此第二事。）又云：有物新貴後賤，如新鐵鉢完淨無穿，初貴；後穿破，便賤，是故隨時計直。（新故為兩事。）又云：隨身用物者（隨用為一事，此中復有五。），如刀斧，初貴後賤。若偷他斧，應問斧主幾直買；若云：用一分買（五錢）。又問：買來用未？若曾經用，便成故物。（一也。）如眼藥杵，及戶鑰，或燒或磨，亦為故。（二也。）又如浴衣，或一入水，或用裏物，亦名故。（三也。）蘇油，或易器，或虫蟻落中，亦名為故。（四也。）或石蜜，初強後軟，乃至爪掐，即名為故。（五也。）若比丘是偷他物，應問物主：若未用則貴，已用者賤，汝等應知。（下總結云：）此是五處，律師善觀，然後判事。引比兩段，前證從急，後證隨處；明前廢立，準此二意，以定五錢。允，當也。

Under citing proof, from the beginning up to "following the strict," it cites the preceding passage of text. That [text] explains stealing someone's treasure trove, hence it clarifies the marks of the offense in relation to an earthen jar. It fully states: If an earthen jar is full of jewels, and one grabs them with the hand, while the hand has not left the spot; if one portion bursts out between the fingers and falls back into the jar, it is a sthūlāccaya; if it is brought out and leaves the jar, one incurs a pārājika. (This is the first explanation in the Manual.) A Dharma master explained: Taking jewels from the bottom of an earthen jar, if they have already left the bottom of the jar but have not yet exited the mouth of the jar, one incurs a pārājika. (This is another explanation in the Manual.) "The Dharma master..." and below is added as a citation in the Manual; this means the treatise master adopted the latter master's explanation. "Further observing..." and below cites the latter passage. Speaking of "five matters," it says: A wise vinaya master, when a dispute arises, first examines five places, and only then judges. "Place": if I wish to take this item; having spoken, one has already incurred an offense; one should observe whether this item has an owner or has no owner. If it has an owner, whether the intention to relinquish it has been formed or not; if the intention has not been formed and one steals it, one reckons the vinaya offense for the time being; if the intention has already been formed, one incurs a pārājika, and so forth. (This is observing the first matter.) "Time": at the time of taking, this garment is sometimes light and sometimes heavy; if at a light time, one incurs the offense according to the value at the light time; if at a heavy time, one incurs the offense according to the value at the heavy time, and so forth. (This is the second matter.) It also says: Some goods are newly expensive and later cheap, like a new iron bowl that is intact, clean, and without holes—it is expensive initially; later when pierced and broken, it becomes cheap; therefore one calculates the value according to the time. (New and old count as two matters.) It also says: Goods used on one's person (items in use count as one matter, within which there are again five), such as knives and axes, are newly expensive and later cheap. If one steals another's axe, one should ask the axe owner how much it was bought for; if he says: "It was bought for one portion (five coins)." One asks again: "After buying it, was it used or not?" If it was once used, it becomes an old item. (This is the first.) Like an eye-medicine pestle or a door key, if burnt or ground, it is also considered old. (This is the second.) Also like a bathing cloth, if immersed in water once, or used to wrap goods, it is also called old. (This is the third.) Ghee or oil, if transferred to another vessel, or if worms and ants fall into it, is also called old. (This is the fourth.) Or rock sugar, initially hard and later soft, or even pinched with fingernails, is immediately called old. (This is the fifth.) If a bhikṣu steals another's goods, one should ask the owner of the goods: If not yet used, it is expensive; if already used, it is cheap; you all should know this. (The general conclusion below says:) These are the five places; a vinaya master examines them well, and only then adjudicates the matter. Citing these two passages: the former proves following the strict, and the latter proves following the circumstance; clarifying that the former abandonment and establishment is based on these two intents to determine the five coins. "Yǔn" (允) means fitting.