諸經要集 14.18

14.18

Fourth is stealing ordinary property. As the Shanjian lun states: If one guards property for another person or even for the Triratna, if one prudently oversees and protects it, securely locking the storeroom doors, yet thieves steal it through a hole or through the roof, or take it by force, beyond what the custodian can prevent, the offense is charged solely against the original owner, and it is entirely improper to demand compensation [from the custodian]. If the person in charge is negligent and does not diligently guard it, so that it is stolen by thieves, the person in charge of the property must compensate for it, because the offense is charged against the custodian. The Shisong lü states: If one accepts another's entrusted property from a distant place and it is damaged or broken on the road, if it was broken while handling it with good intentions, one should not compensate; if broken with ill intent, one must compensate. If one borrows another's property, regardless of good or ill intent, if it is broken, one must compensate for everything. Furthermore, the Shisong lü states: If a thief brings stolen goods and gives them either with good intentions or out of terror because others are pursuing him, it is permissible to take them, because he has become the owner of the goods; one must only not solicit them from the thief, but if given voluntarily, they may be taken. If one has already dyed and spoiled the color [of the cloth] and worn it, and the owner recognizes it, it should be returned. Furthermore, the Modeleqie lun states: If an insane person personally brings property to give, and one does not know of their parents or relatives, it may be taken; if the parents are known and do not give it with their own hands, it may not be taken. Furthermore, the Shisong lü states: If one takes leftover meat from another person's tiger, one incurs a minor offense, because their hope [of reclaiming it] has not been severed; if one takes leftovers from a lion, there is no offense, because their hope has been severed. Furthermore, the Sapoduo lun states: Stealing leftovers from any bird or beast incurs a minor offense. (Nowadays in times of famine, many laypeople destroy the burrows of mice to take their stored chestnuts, walnuts, and miscellaneous nuts; according to this, it constitutes an offense.) The Sifen lü states: If taken thinking it was given, thinking it was one's own, thinking it was discarded rags (pāṃsukūla), thinking it was for temporary use, or thinking it was belonging to an intimate friend, none of these constitute an offense. As for intimate friends, according to the Vinaya, they must possess seven qualities to be called intimate friends: first, being able to do what is difficult to do; second, being able to give what is difficult to give; third, being able to endure what is difficult to endure; fourth, confiding confidential matters to each other; fifth, mutually concealing each other's [faults]; sixth, not abandoning each other when meeting with suffering; seventh, not slighting each other when poor and lowly. If a person can practice these seven qualities, they are an intimate and good friend; taking from them is not an offense.