四分比丘戒本疏 1.27

1.27

第二盜戒，文有八句。一、「若比丘」，是容犯人。二、「若在村落若閑靜處」者，置物之處，勿過人間及空逈處。三、「不與」者，辨物主也。主唯是人，餘趣即輕。四、「盜心」，盜心差別，律有二五：第一五者，黑闇心（愚心闇教，墮在犯中，迷為不犯）、邪心（邪心說法得財利等）、曲戾心（諂附福人方便取財）、不善心（苦切侵欺）、常有盜他物心（恒規侵削）。復有五：決定取（倒易物籌決令屬己）、恐怯取（劫味之類）、寄物取（因寄侵隱）、見便取（伺他慢藏）、倚託取（因官勢取）。五隨不與取法，律文釋云「若五錢若直五錢」，此文意說隨順不與而成犯者，望五錢等具緣是也；四錢已下但得偷蘭。言具緣者，通緣可知。別緣具七，即是具約七門分別：一、所損境，唯局人主功力感財，人福最強，若當侵損，障道至重；天及北方物從化有，縱有所悋，盜不成重。二、緣所損境，即是人主想。但使人想，不問張王男女差別，故律文云「男想盜女物，佛言夷下敬妄亦同。」三、成罪境，即是五錢若直五錢，五錢義理不暇廣陳。四、緣成罪境，即五錢想，律雖無文，道理應具。五、發業心，即是盜心。六、方便業，准《薩婆多論》發心步步吉羅，觸物輕蘭，動轉重蘭。七、究竟業，即是離處。離處多種，無暇廣陳。因此亦應廣解物主，主有二種、細分有六。所言二者，一者正主、二者守護主。細分為六種者，三趣物主并三寶主，即是六也。謹尋諸部，大約為言：人物犯重，非人犯蘭，畜生犯吉。三寶物中，復應自以八門分別：一辨盜成愆；二明諸互用；三通畜等相（一通用，隨所須用；二通畜，如已人未分物等。三共畜，同利未分也）；四攝物有殊（三寶處等）；五受施不同；六誰堪典掌；七瞻看法則；八出㒃軌儀。如此之八門，餘處廣辨，今無暇陳。第六句「若為王及大臣等」者，辨隨國法，治罰重輕譏呵有異。「汝是賊」等，呵賊詞也。前第三句辨障尤深，今第六句治呵極重。第七結罪、第八永驅，如前戒釋。

The second precept on theft has eight phrases in its text: 1. 'If a monk': this is the person capable of committing the offence. 2. 'Whether in a village or in a quiet place': the place where property is situated does not exceed human settlements and remote open areas. 3. 'What is not given': this identifies the owner of the property. The owner must only be a human; for other destinies, it is light. 4. 'With a mind to steal': regarding distinctions in the mind to steal, the vinaya lists two sets of five: The first five are: a darkened mind (a foolish mind ignorant of the teachings, falling into an offence while delusionally considering it no offence); an improper mind (preaching the Dharma with an improper mind to gain wealth and profit, etc.); a crooked mind (flattering and fawning upon persons of merit to acquire wealth through expedient means); an unwholesome mind (severely encroaching and defrauding); a mind constantly intending to steal others' property (incessantly scheming to encroach and diminish). There are another five: taking with determination (switching tallies for goods to resolve that they belong to oneself); taking through intimidation (such as robbery or plunder); taking through entrusted property (encroaching and concealing by means of entrusted items); taking upon seeing an opportunity (watching for another's negligence in storing); taking by relying on influence (taking through the power of officials). 5. 'Takes what is not given according to the law': the vinaya text explains, 'whether five coins or worth five coins.' The meaning of this text is that taking what is not given in a manner that constitutes an offence refers to fulfilling the conditions with respect to five coins or more; four coins or less only incurs a thullaccaya. As for fulfilling the conditions, the general conditions are evident. The specific conditions comprise seven, which is an analysis across the seven gates: 1. The object harmed: it is limited solely to a human owner whose merit and exertion produced the wealth; human merit is the strongest, so if it is infringed upon and harmed, the obstruction to the path is extremely grave. The wealth of devas and Uttarakuru arises from transformation; even if there is miserliness, stealing it does not constitute a grave offence. 2. The mind directed toward the object harmed: that is, the perception of a human owner. Provided there is the perception of a human, regardless of distinctions between Zhang or Wang, man or woman; therefore, the vinaya text says: 'If perceiving a man one steals a woman's property, the Buddha said it is a pārājika; the lower ones—paying respect or lying—are also the same.' 3. The object that constitutes the offence: that is, five coins or worth five coins; the rationale of the five coins cannot be described at length. 4. The mind directed toward the object that constitutes the offence: that is, the perception of five coins; although absent in the vinaya text, by reason it should be present. 5. The mind that initiates the action: that is, the mind to steal. 6. The preparatory action: according to the *Sarvāstivāda-śāstra*, every step taken with the intention incurs a duṣkṛta; touching the property incurs a light thullaccaya, and moving it incurs a grave thullaccaya. 7. The consummate action: that is, removal from its place. Removal from its place is of many kinds, which cannot be described at length. Through this, one should also broadly explain the owner of the property. Owners are of two kinds, and finely divided into six. The two are: 1. the primary owner, and 2. the guardian owner. Finely divided into six kinds: the owners of property in the three destinies together with the owners of the Three Jewels, which make six. Carefully investigating the various traditions, broadly speaking: taking from a human constitutes a grave offence, from a non-human constitutes a thullaccaya, and from an animal constitutes a duṣkṛta. Among the property of the Three Jewels, distinctions should further be made across eight gates: 1. distinguishing the commission of guilt in stealing; 2. clarifying mutual substitutions; 3. general possession and characteristics (first, general use, used as needed; second, general storage, such as undivided property of deceased persons; third, shared storage, undivided property of shared benefit); 4. differences in gathering property (the domains of the Three Jewels, etc.); 5. differences in receiving alms; 6. who is qualified to manage; 7. regulations for inspection; 8. rites for disbursement. These eight gates are explained in detail elsewhere, and cannot be set forth now. The sixth phrase, 'If by a king or great minister, etc.': this distinguishes that, in accordance with the laws of the realm, the gravity of punishment and reprimand varies. 'You are a thief,' etc., are words of reprimand toward a thief. The previous third phrase distinguished that the obstruction is particularly profound; now the sixth phrase shows that the punishment and reprimand are extremely severe. 7. The conclusion of the offence, and 8. permanent expulsion, are as explained in the previous precept.