諸經要集 14.21

14.21

Fifth, concerning stealing lost property: As the Saddharmasmṛtyupasthāna-sūtra says: If one sees lost property by the roadside—whether gold, silver, or other treasures—having picked it up, one should call out: ‘Whose property is this?’ If someone says, ‘This is my property,’ one should inquire about its characteristics. If true, one should return it. If no one claims it, one should carry it around for seven days, calling out each day. If no owner claims it, one should deliver this treasure to the king, the ministers, or the prefectural and district magistrates. If the king, ministers, or prefectural and district magistrates, seeing a person of merit, do not take this property, it should later be used to maintain and support the Buddha-Dharma and the Saṃgha. This is called non-stealing. Furthermore, the Mahāsāṃghika-vinaya says: If one sees lost clothing or articles, one should call out for people to claim them. If no owner claims them, one should hang them in a high, conspicuous place for people to see. If someone says, ‘It is my property,’ one should question him: ‘Where did you lose your property?’ If his answer corresponds, give it to him. If no one recognizes it, one should keep it. After three months, if it was found within a stūpa precinct, it is assigned for the stūpa’s use; if found within the monastery precinct, it is for the use of the Saṃgha of the four directions. If it is of high value—meaning gold, silver, or necklaces of gems—one must not expose it openly and call out. The person who found the treasure should carefully inspect it several times to see what marks it bears, and only then put it away. When someone comes to claim it, if it corresponds, give it to him. Inquire and return it in the presence of many people; one must not return it in a secluded place. Instruct him to receive the three refuges, and say to him: ‘Had the Buddha not instituted the precepts, your eyes would never have seen it again.’ If no one comes to claim it, keep it for three years; as in the previous cases, it should be used within the boundary. If in repairing a stūpa one finds a buried treasure, it is used for the stūpa; the same applies to the Saṃgha’s land. Therefore the Tattvasiddhi-śāstra says: ‘To take and use a hidden cache is without fault. When the Buddha was in the world, the elder Anāthapiṇḍada was a noble person, yet he also took such property. Thus we know it is without fault.’ Moreover, naturally obtaining property is not called robbery. Furthermore, the Mahāsāṃghika-vinaya says: Entering a village, if there is lost property, one must not take it; the one who gives it to the bhikṣu is the donor. Clothing blown by the wind in a village must not be taken with the thought that it is refuse-rags. If it is in an open road where no one is present, one may take it. Furthermore, the Mahīśāsaka-vinaya says: If one has kept clothing for twelve years without its being redeemed, assemble the Saṃgha to appraise its value and assign it for the use of the Saṃgha of the four directions. If that person later returns, compensate him with Saṃgha property. For those who do not accept [unlawfully], good [results come]. The verse on direct retribution says: