律戒本疏 1.2

1.2

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.