法苑珠林 44.47

44.47

漢宣帝之世。燕代之間有三男。共取一婦生其四子。及至將分妻子而不可均。乃致諍訟。廷尉范延壽斷之曰。此非人類。當以禽獸。從母不從父也。請戮三男子以兒還母。宣帝嗟歎曰。事何必古若此。則可謂當於理而厭人情也。延壽蓋見人事而知用刑矣。未知論人妖將來之應也。

In the reign of Emperor Xuan of Han, between Yan and Dai, there were three men who jointly took one wife, who bore four sons. When it came time to divide the wife and sons, they could not do so equally, and so brought litigation. The Commandant of Justice, Fan Yanshou, judged it, saying: "These are not human; they must be treated as beasts, following the mother and not following the father." He requested that the three men be executed and the children returned to the mother. Emperor Xuan sighed and said: "Must matters strictly follow antiquity like this? It may be called conforming to reason and satisfying human emotion." Yanshou merely observed human affairs and knew how to apply punishments; he did not know how to evaluate human monstrosities as future portents.