四分比丘戒本疏 1.27

1.27

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.