[Pramāṇa](https://indike.org/pramana/) › [Indian literature](https://indike.org/pramana/in) › [Buddhist Literature](https://indike.org/pramana/in.bauddha) › [Taishō Tripiṭaka (Chinese Buddhist canon)](https://indike.org/pramana/in.bauddha.taisho) › [律戒本疏](https://indike.org/pramana/in.bauddha.taisho.2788) › 1.2 # 律戒本疏 1.2 律戒本疏 1.2 - **Language:** Classical Chinese ### [1.2](https://indike.org/pramana/in.bauddha.taisho.2788.1.2) 第二若比丘在聚落或在空地不與物取　有達𠽬吒比丘。是陶師子。先作草菴為人所壞。後作瓦色赤嚴好。佛見謙責。令阿難壞之。後取阿闍世王城守大財欲造大屋。盜至五錢。依法應死。王將赦之。盜至五錢而死何也。將以物主惜之。後故取者罪之深。是以王道極其法也。如來隨宜因而制重。依世煩物物無逆慊。犯罪雖一治之不同。王得自在隨宜量斷。或時提為極法。或殺以盡形。或但繫縛。或擯之境外。或輸金贖罪。或苦責而已。此皆盜取五錢治之極法。佛悉因之。以定重禁所取之物。或在聚落。或空地。聚落多私。空地多官。隨物所屬則有主也。若二國中間既不屬人。有不屬非人。斯無主也。若世有轉輪聖王。隨王所統無物不屬。斯有主也。物或有主而不守護。而無主。盜心取至五錢及五錢直捉。選擇時犯偷。離本處犯重。或物在地。或空中。或在器物。或在身上。是名本處界。若曳取未出界犯重偷。出此等界犯重。若過戶限。若度一橫物及異色地。從高著下。下高上。即是出界也。又物在狀。狀為界。在衣衣為果。取他器中物。轉上著下。下著上。悉犯重。或盜心在物不在器在器不在物。或兩在隨心所在物邊犯重。非所在者後生心時復犯重。凡屬王之物。王護惜所得罪。不護惜取無罪。有三種取。自取物教人取遣使取。取時即犯也。盜心取無主物重偷。取有主非人五錢犯重。無主重偷。又欲取人五錢而誤得四三二一。重偷。本欲取四三二一而得四三二一。輕偷。取畜生寶物五錢重偷。非寶突。取師子殘肉無罪。五寶若似寶。眾生非眾生盜心取直五錢悉犯重。家鳥銜五寶。若似寶奪取犯重。以物應屬鳥主故重也。鳥隨比丘所屬至處處犯重。至餘處重偷。待鳥時亦重偷。以呪力故令至處所也。野鳥銜有主物。奪取五錢直重偷。似鳥心重物。重故不同虎。虎心不重故。鳥隨比丘所欲至處亦犯重偷。至餘處突。待鳥時亦突。若野鳥奪取家鳥物。即或野鳥物。家鳥奪取野鳥物。即或家鳥物。比丘奪取二鳥物亦如上說。若水中有主物捉留。後水到於處便犯重。若次若舉令離本處悉犯重。若相言若作樹相取他地五錢犯重。若不得重偷。若為師持衣物盜心取。從左手轉著右手犯重。一切身分亦如是。若以木石物舉取他物。已離本處。雖還墮本處犯重。關儸不輸稅五錢犯重。若關主與稅不得取。先問。稅物為盡入。盡入官者犯。仰限輸不犯。若避稅間道去重偷。為賈客過物五錢犯重。又賈客令比丘過物。過已或盡與。或半與。稅直取五錢悉犯重。若示道路便過。令官失五錢稅重偷。若關儸處有劫盜惡狩飢餓。若自避若示他令過無過罪。𠸻嚫入僧。不入者犯突。有十種物不輸稅無犯。一佛物。二法物。三僧物。四和上物。五諸師物。六父物。七母物。八欲以此物與他人及救罪罰。九為欲還主。十欲作法用物。謂欲作比丘百一物。異是十物應輸稅。不輸稅罪如上說。比丘與賊期破諸村落。得五錢分犯重。此謂比丘示語彼村。令賊取之得便。共分之偷人有二種。一擔去。二共期。擔去時兩足離地犯重。若共期舉二。是犯重。四足眾生若臥若繫一處。若解取若驅起過四足悉犯重。若在蘭薗擁牆出外四足犯重。見林中方念言。我當盜取重偷。若殺犯墮。取皮肉直五錢犯重。若親族師徒知識為劫賊。盜賊失物。不囑令取。取者犯重。自物人盜去。已作捨意後見奪取犯重。求捨取無罪。若親屬破在他手不得作勢力奪。奪者犯重。𮕌虫犯者用𠲿治脚腫弱故。若許三寶物意決向人說。後不與犯突。來報重。僧食佛不白。白餘僧及主人持與人明。若自食犯突亦來報重。死比丘重物屬四方僧。若用作食。若分犯突。來報重。若先許五錢意已決定而後悔不與舉雖本處犯重。又前定許彼彼彼未索不與犯重。知他決定許人物毀壞令失五錢重偷。不輸市治五錢犯重。縊死人施物。官若強索不與犯突。取至二錢犯輕偷。從二錢至少分未滿五錢重偷。有一比丘尼。亦知居士許。施越比丘尼物。便詐以施越名索取之。佛言。得故忘語罪。又言。詐以他名取得罪。得罪者或犯重偷。隨物所屬。隨物多少而得罪也。若越施不受物。物故屬居士。居士邊得罪。施越受而不同意。施越邊得罪。今施越先許受居士施。一比丘尼與施越。同意取故不犯重。而但得故忘語罪也。凡七種取人非人物畜生物無罪。一己物想。二同意取。三暫因。四謂無主。五狂。六亂心。七病壞心。異是則把。取人物犯重。非人偷。畜生物突。若他遺物要有所屬。不得取。取之不得藏。應歸還主。取糞掃衣無罪。凡三寶物不應貨。若貨佛物招提僧物。若破至他處得隨突償。若入口物現前僧物則不得也。了事取財突。度國忘奴出家突。有盜心犯重。多人遣一人取五錢多人犯重偷。取者犯重。二人遣一人二俱犯重也。取非人畜生重物犯重偷。輕物突。瞋心壞他物犯重偷。輕物突吉羅也　第三若比丘若人自手奪命若持刀與教人持刀與教死嘆死乃至因是事死　若比丘若人自手奪命若持刀與教死讚死乃至因是事死波羅夷。佛在婆求河上。諸比丘修不淨觀。厭患其報。或欲自殺。鹿杖梵志手斷六十比丘命。因是結戒。奪命有三種。自作教作遣使作。彼命斷時比丘犯重。又三種殺。或用身。或用非身。或兩用。斷彼命犯重。即死不即死因是死犯重。不因死犯重偷。若作火坑欲殺人。人死者犯重。非人畜生死者重偷餘。一切方便殺應如是知。若為非人詐坑。非人死者重偷。人畜生死者悉突。若為畜生作坑。畜生死者犯墮。人非人死者突。若作坑不定。為害一切命。人死者重。非人死者偷。畜生墮。都無死者突。若似人者謂初胎始得身根命根。諸根未具名為似人。為殺母故命胎墮。母死者犯重。胎死者重偷。俱死者犯重。俱不死者重偷。為殺胎。胎死者犯重。母死者犯重偷。俱死犯重。俱不死重偷。求刀有二種。或自求。或遣人求。嘆死有三種。惡戒人善或人鬼病人。十二惡律儀人。是名惡戒人。語惡戒人言。汝何用久在世。作惡為不如早死。語七眾善戒人言。汝持善戒。死則生天。何不自殺。語鬼人言。汝何能受苦惱。何不自害。彼因嘆死者比丘犯重。不因死者重偷。人作非人相絕命突。非人作人想斷命重偷。若為惱不為殺而彼命斷重偷。方便欲謀儀未去。去未至輕偷。到之打未死重偷。教死遣使發言令去犯重偷。意已決故殺盜二戒自作教作犯重。餘二戒自作犯重。教作不犯重。凡不故作不犯如迦留陀夷入居士舍不諦觀床。便坐坐他兒上。兒即死。如是一切不犯。但坐時應諦視床上。不諦視者犯突吉羅也。 > Second: if a monk, whether in a village or in an empty place, takes what is not given—there was the monk Dhaniya, who was a potter's son. He had previously made a grass hut, which was destroyed by others. Later, he made \[a hut of\] tiles, beautifully red and adorned. The Buddha, seeing it, reproached him and had Ānanda demolish it. Later, \[Dhaniya\] took timber guarding the royal treasury of King Ajātaśatru, wishing to build a large house. He stole up to five māsakas. According to the law, he should have died, but the king was about to pardon him. Why would stealing up to five māsakas result in death? It is because the owner of the property treasures it, and he who intentionally takes it commits a grave offense; hence the royal law applies its ultimate penalty. The Tathāgata, in accordance with what was suitable, established the grave \[prohibition\] accordingly. Relying on worldly \[judgments of\] prized property, property is not resisted or resented \[as a standard\]. Although the offense is one, its punishment varies: kings possess autonomy to judge and decide as appropriate. At times it is held to be the ultimate penalty; or one is executed to end life; or one is merely bound; or banished beyond the borders; or fined gold to redeem the offense; or merely bitterly reproved. These are all ultimate penalties for stealing five māsakas. The Buddha followed them all to determine the grave prohibition. As for the property taken: it is either in a village or in an empty place. In a village, much is private; in an empty place, much belongs to the state. According to what the property belongs to, it has an owner. If it is between two countries, belonging neither to humans nor to amānuṣas, then it is ownerless. If there is a cakravartin in the world, under that king's domain there is no property that does not belong \[to him\]; then it has an owner. If property has an owner but is not guarded, it is \[treated as\] ownerless. If, with the intention to steal, one takes \[property\] worth up to five māsakas or of the value of five māsakas: at the moment of taking hold and selecting, one incurs a sthūlāccaya; when it leaves its original locus, one incurs a grave offense. The property may be on the ground, in the air, in a receptacle, or on the body: these are called the boundary of the original locus. If one drags it and takes it without it leaving the boundary, one incurs a grave sthūlāccaya; if it leaves these boundaries, one incurs a grave offense. If it crosses the threshold of a door, or crosses a horizontal object or ground of a different colour, or is moved from high to low, or from low to high: that is leaving the boundary. Furthermore, if the property is on a bed, the bed is the boundary; if on a robe, the robe is the boundary. If one takes property inside another's receptacle, moving what is above to below or what is below to above, one in all cases incurs a grave offense. Or the intention to steal is directed at the property and not the receptacle, or at the receptacle and not the property, or at both: depending on where the intention is directed, one incurs a grave offense with regard to that property; regarding that where the intention was not directed, if one later conceives the thought, one again incurs a grave offense. In all cases, regarding property belonging to a king: if the king guards and cherishes it, an offense is incurred; if he does not guard and cherish it, taking it incurs no offense. There are three kinds of taking: taking property oneself, instructing another to take it, or sending an emissary to take it. At the time of taking, the offense is incurred. Taking ownerless property with the intention to steal incurs a grave sthūlāccaya. Taking five māsakas belonging to an amānuṣa with an owner incurs a grave offense; if ownerless, a grave sthūlāccaya. Again, if one intends to take five māsakas from a human but mistakenly gets four, three, two, or one: grave sthūlāccaya. If one originally intended to take four, three, two, or one and got four, three, two, or one: light sthūlāccaya. Taking precious property worth five māsakas belonging to an animal: grave sthūlāccaya; non-precious property: duṣkṛta. Taking leftover meat from a lion incurs no offense. Whether it is the five precious things or resembles precious things, sentient or non-sentient, taking it with the intention to steal if worth five māsakas: all incur a grave offense. If a domestic bird holds the five precious things or resembles precious things in its beak and one seizes it, one incurs a grave offense; because the property should belong to the bird's master, it is grave. If the bird, following the monk's command, arrives at the place, in that place a grave offense is incurred; if it arrives at another place, a grave sthūlāccaya; while waiting for the bird, also a grave sthūlāccaya—by mantra power he caused it to reach the place. If a wild bird holds property belonging to an owner and one seizes the value of five māsakas: grave sthūlāccaya; because the bird seems to value the property, it is grave, unlike a tiger, since a tiger's mind does not value it. If the bird arrives at the place the monk desires, it also incurs a grave sthūlāccaya; if it arrives at another place, a duṣkṛta; while waiting for the bird, also a duṣkṛta. If a wild bird seizes property from a domestic bird, it becomes the wild bird's property; if a domestic bird seizes property from a wild bird, it becomes the domestic bird's property. If a monk seizes property from either of the two birds, it is also as explained above. If property belonging to an owner in the water is seized and held back, when the water later reaches the place, a grave offense is incurred. If one shifts or lifts it so that it leaves its original locus, in all cases a grave offense is incurred. If through litigation or by making tree markers one takes another's land worth five māsakas, one incurs a grave offense; if one fails to get it, a grave sthūlāccaya. If one carries robes and items for a teacher and, with the intention to steal, moves them from the left hand to the right hand, one incurs a grave offense; all parts of the body are likewise. If one uses wood or stone to lift and take another's property, and it has already left its original locus, even if it falls back to its original locus, one incurs a grave offense. At a customs barrier, failing to pay tax of five māsakas incurs a grave offense. If the customs official waives the tax, one must not take it \[without asking\]: first ask whether the tax items are entirely submitted \[to the king\]; if entirely submitted to the authorities, one commits an offense; if he is only required to submit up to a fixed quota, one commits no offense. If one avoids tax by taking a side road: grave sthūlāccaya. Passing property worth five māsakas on behalf of a merchant incurs a grave offense. Furthermore, if a merchant asks a monk to pass goods, and having passed them, either gives all or gives half, and the tax value taken is five māsakas, all incur a grave offense. If one points out the path so that \[the merchant\] passes through, causing the authorities to lose five māsakas in tax: grave sthūlāccaya. If at the customs barrier there are robbers, ferocious beasts, or starvation, whether one avoids it oneself or points it out to another so that they pass, there is no offense. Dakṣiṇā enters the saṃgha; if it does not enter, it is a duṣkṛta. There are ten kinds of property that are exempt from paying tax without offense: first, property of the Buddha; second, property of the Dharma; third, property of the Saṃgha; fourth, property of the upādhyāya; fifth, property of the teachers; sixth, property of the father; seventh, property of the mother; eighth, items intended to be given to others and to rescue from punishment; ninth, items intended to be returned to the owner; tenth, items intended for ritual use, meaning intended for a monk's hundred and one requisites. Other than these ten items, tax should be paid; failing to pay tax carries the offenses as explained above. If a monk conspires with thieves to plunder villages and receives a share of five māsakas, he incurs a grave offense; this means the monk indicates and instructs them about that village, enabling the thieves to seize it with convenience, and shares it with them. Stealing humans is of two kinds: first, carrying away; second, joint conspiracy. When carrying away, when both feet leave the ground, a grave offense is incurred. If in joint conspiracy they lift \[the person\], a grave offense is incurred. Four-footed sentient beings: whether lying down or tethered in one place, if one unties and takes them, or drives them up to move past four feet, in all cases a grave offense is incurred. If in an orchard surrounded by walls, driving them out of the four boundaries incurs a grave offense. Seeing \[animals\] in a forest, if one conceives the thought, 'I shall steal and take them': grave sthūlāccaya. If one kills them, an offense of pāyattika; if one takes hide and meat worth five māsakas, a grave offense. If relatives, teachers, pupils, or acquaintances become bandits and thieves, and lose property, without their instruction to take it, taking it incurs a grave offense. If one's own property has been stolen by others, and having already formed the thought of relinquishing it, one later sees it and seizes it back, one incurs a grave offense; seeking \[their\] relinquishment before taking incurs no offense. If relatives are ruined and \[the property\] is in another's hands, one must not use force to seize it; seizing it incurs a grave offense. If one uses leech-worms because of using \[…\] to treat swollen and weak feet \[…\]. If one promises property to the Three Jewels with determined intention and declares it to people, and later does not give it: duṣkṛta; the future retribution is grave. If with saṃgha food one does not inform the Buddha, but informs the rest of the saṃgha and the host who brings it to give clearly to people: if one eats it oneself, duṣkṛta, and the future retribution is also grave. The heavy property of a deceased monk belongs to the cāturdiśa-saṃgha; if used for food or divided, a duṣkṛta; the future retribution is grave. If one previously promised five māsakas with a determined intention and later regrets and does not give it, lifting it \[from its place\], even if \[still in\] its original locus, incurs a grave offense. Again, if previously determined to give to someone, and that person has not yet demanded it and one does not give it, one incurs a grave offense. Knowing that another has determined to give property to someone, if one destroys it causing the loss of five māsakas: grave sthūlāccaya. Failing to pay a market duty of five māsakas incurs a grave offense. Offerings to a hanged person: if the authorities forcibly demand them and one does not give them, a duṣkṛta. Taking up to two māsakas incurs a light sthūlāccaya; from two māsakas to a minor fraction short of five māsakas, a grave sthūlāccaya. There was a nun who also knew that a householder had promised to give property to another nun, and then deceitfully in the name of that other nun demanded and took it. The Buddha said: she incurs the offense of intentional lying. He also said: deceitfully using another's name to take incurs an offense. As for incurring an offense: she may incur a grave sthūlāccaya; according to whom the property belongs and according to the quantity of the property, she incurs an offense. If that other person had not received the property, the property still belongs to the householder, so the offense is incurred against the householder. If the other person had received it without mutual consent, the offense is incurred against the other person. Now that other person had previously agreed to accept the householder's gift, and this nun took it with the consent of that other person; therefore she did not incur a grave offense, but only incurred the offense of intentional lying. In all cases, seven kinds of taking property of humans, amānuṣas, and animals incur no offense: first, perceiving it as one's own property; second, taking with mutual consent; third, temporary borrowing; fourth, believing it to be ownerless; fifth, insanity; sixth, a disordered mind; seventh, a mind deranged by illness. Otherwise, it is seized \[wrongfully\]. Taking human property incurs a grave offense; of amānuṣas, sthūlāccaya; of animals, duṣkṛta. If property lost by another definitely has an owner, one must not take it; having taken it, one must not conceal it, but should return it to the owner. Taking pāṃśukūla robes incurs no offense. In all cases, property of the Three Jewels must not be traded. If one trades property of the Buddha or cāturdiśa-saṃgha property, if damaged or transferred elsewhere, one incurs a duṣkṛta accordingly and must make restitution; if it is edible items or property of the saṃgha present, it is not permissible. Taking wealth when settling affairs: duṣkṛta. Ordaining a fugitive slave from another country: duṣkṛta; if with an intention to steal, a grave offense. If many people send one person to take five māsakas, the many people incur a grave sthūlāccaya, and the taker incurs a grave offense. If two people send one person, both incur a grave offense. Taking heavy property of amānuṣas or animals incurs a grave sthūlāccaya; light property, a duṣkṛta. Damaging another's property with an angry mind incurs a grave sthūlāccaya; light property, a duṣkṛta. Third: if a monk or human being personally deprives \[another\] of life, or brings a knife and gives it, or incites another to bring a knife and give it, or encourages death, praises death, up to and including death resulting from this cause: 'If a monk or human personally deprives of life, or brings a knife and gives it, or incites to death, praises death, up to and including death resulting from this cause: pārājika.' The Buddha was by the Vaggumudā River. The monks were cultivating the contemplation of impurity and became disgusted with their karmic retribution, and some wished to commit suicide. The wanderer Migalaṇḍika slew sixty monks with his own hand. On account of this, the precept was formulated. Depriving of life is of three kinds: doing it oneself, instructing another to do it, or sending an emissary to do it. When that life is terminated, the monk incurs a grave offense. Again, there are three kinds of killing: using the body, using what is not the body, or using both. Terminating that life incurs a grave offense. Dying immediately or not dying immediately, if dying as a result of this, a grave offense is incurred; if not dying as a result, a grave sthūlāccaya. If one makes a fire pit wishing to kill a human: if a human dies, a grave offense is incurred; if an amānuṣa or animal dies, a grave sthūlāccaya. All other expeditious means of killing should be understood in this way. If one makes a deceptive pit for an amānuṣa: if an amānuṣa dies, a grave sthūlāccaya; if a human or animal dies, all are duṣkṛta. If one makes a pit for an animal: if an animal dies, an offense of pāyattika; if a human or amānuṣa dies, duṣkṛta. If one makes a pit non-specifically to harm all living beings: if a human dies, a grave offense; if an amānuṣa dies, sthūlāccaya; if an animal, pāyattika; if none dies at all, duṣkṛta. 'Resembling a human' refers to the early embryo that has just acquired the body faculty and life faculty, but the various faculties are not yet complete; this is called resembling a human. In order to kill the mother, if one causes the fetus to abort: if the mother dies, a grave offense is incurred; if the fetus dies, a grave sthūlāccaya; if both die, a grave offense is incurred; if neither dies, a grave sthūlāccaya. In order to kill the fetus: if the fetus dies, a grave offense is incurred; if the mother dies, a grave sthūlāccaya is incurred; if both die, a grave offense; if neither dies, a grave sthūlāccaya. Seeking a knife is of two kinds: either seeking it oneself or sending someone to seek it. Praising death is of three kinds: directed toward persons of evil precepts, persons of good precepts, or persons possessed by spirits or diseased. Persons of the twelve kinds of evil discipline are called persons of evil precepts. Saying to a person of evil precepts: 'Why should you stay in the world for long? Doing evil, you had better die early.' Saying to a person of good precepts among the sevenfold assembly: 'You uphold good precepts; when you die you will be born in heaven; why not kill yourself?' Saying to a person afflicted by spirits: 'How can you endure such suffering and distress? Why not kill yourself?' If they die on account of praising death, the monk incurs a grave offense; if they do not die on account of it, a grave sthūlāccaya. Perceiving a human as an amānuṣa and ending their life: duṣkṛta. Perceiving an amānuṣa as a human and terminating their life: grave sthūlāccaya. If intended to distress and not to kill, and that life is terminated: grave sthūlāccaya. In preparing means and plotting: before departing, or departing without yet arriving, light sthūlāccaya; upon arriving, striking without death, grave sthūlāccaya. Instructing to die or sending an emissary, uttering words causing them to go: grave sthūlāccaya, because the intention is already determined. For the two precepts of killing and stealing, both doing it oneself and instructing another to do it incur a grave offense. For the remaining two precepts, doing it oneself incurs a grave offense, but instructing another to do it incurs no grave offense. In all cases, what is not done intentionally incurs no offense. As when Kālodayin entered a householder's home and did not look closely at the couch, sitting down upon their child so that the child immediately died: in all such cases there is no offense. However, when sitting one should look closely at the couch; one who does not look closely incurs a duṣkṛta. > — English (machine translation) (machine translation) - [Previous: 1.1](https://indike.org/pramana/in.bauddha.taisho.2788.1.1) - [Next: 1.3](https://indike.org/pramana/in.bauddha.taisho.2788.1.3) - [Up: 1](https://indike.org/pramana/in.bauddha.taisho.2788.1) ## Translations (1) - [English (machine translation)](https://indike.org/pramana/in.bauddha.taisho.2788~en-mt.1.2) — English, machine translation --- Source: [https://indike.org/pramana/in.bauddha.taisho.2788.1.2](https://indike.org/pramana/in.bauddha.taisho.2788.1.2) · Pramāṇa