[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) › [四部律并論要用抄](https://indike.org/pramana/in.bauddha.taisho.2795) › 2.24 # 四部律并論要用抄 2.24 四部律并論要用抄 2.24 - **Language:** Classical Chinese ### [2.24](https://indike.org/pramana/in.bauddha.taisho.2795.2.24) 盜戒　問。有比丘。偷有主舍利。云何犯不犯　答。若自活直五錢犯重。不滿五錢偷蘭。若惡僧取彼我俱無偷蘭。為供養故。佛是我師。我應供養。滿五突吉羅。出摩德勒伽論。又論云。有比丘。偷支提物。謂不犯。佛言。有守護者滿犯　問。比丘偷經物。得何罪　答。滿犯重。不滿偷蘭。若為經書故取不犯。若經滿犯重。不滿偷蘭。若為讀誦書寫不犯。四分云。佛語。無價計紙墨直以結罪　五分云。有比丘。盜他經。謂是佛語無犯。佛言。計紙墨功直五錢犯　僧祇云。有比丘。變馬意欲向東。而馬走反向南西北者。犯何罪　答。偷蘭。若馬隨比丘向東者。舉四足即犯。如馬餘畜亦如是。如意主東方。餘三方亦爾。若心無所主趣向一方。四足離處犯。因此僧祇家明十三種分齊物。以明犯不犯相。一物分齊。物有八種。一時藥。二七日藥。三夜分藥。四終身藥。五隨物。六種物。七不淨物。八不淨不淨物。若比丘以盜心觸此八種物越毘尼。若動彼物偷蘭。離處滿犯重。二處分齊。地水船乘空空中物等應知。三不空分齊。如非時盜食。食滿犯重。不滿偷蘭。非波逸。若以理得食。非時而食。是波逸提。如是應廣知。四園壚分齊。象馬等廐。牛羊等欄。菓菜等園樆。若盜此諸物。要出障為限齊犯。五籠分齊。謂鳥狩等出籠為限。若意盜籠。畏主覺故合籠持去。雖遠未犯。若捨籠取鳥滿者犯。若籠鳥俱道。離處便犯。若空處有諸人放畜生。比丘盜驅去。其至即覺逐比丘。比丘未得想其主不作失想。未犯重。若主作失心。比丘得心犯。若以草誘去。離見聞者犯。六奇分齊。若比丘受他寄物持去道中見物。好便生盜心。移離處犯重。若受寄物持去中。見餘比丘從前而來。便問言。汝從何來。彼言某處來。問識某甲。答言識。又問平安不。答言已死。然此物應屬現前者。若彼受寄比丘知法多詐便作念。我何故共彼分。即下道離見聞。作法獨受。得何罪。答。越毘尼罪。乃至出界詐心作羯磨。亦越毘尼。七雜物分齊。如上牧人種種畜等也。八幡分齊。盜蓋等。若重不勝曳去。雖遠不犯等可知。若塔幡蓋及天寺物。風吹遠處。塵垢淨墨作糞掃想取無犯。九相因分齊。如白衣舍有不收攝物。比丘往見。生盜心取等。又如比丘食時。取比丘坐具鍵𨩲著鉢中。令弟子持去。得越毘尼。弟子出得偷蘭。若作盜心犯重。彼覺可知。十撅分齊。與幡中想似。十一園分齊。為他雜等。若偏心為他分。及至移封擭一麥者犯重。以地無價故。十二賊分齊。共惡賊建言相盜等。若比丘失物追逐彼賊。奪取其物。成恐怖取彼比丘。若未作失想。還取物者無罪。若空作想還取者。便是賊復劫賊滿便犯重。十三稅分齊。違官度格禁物等　十誦云。地以稅物盜著比丘幞中。比丘不知或空中持稅物。度過問者不犯　摩德勒伽論云。變金作銅度稅處。犯偷蘭。又比丘持稅物欲度開自念。若度者犯重。我此物當施與父母兄弟姊妹。施塔眾僧生疑問佛。佛言偷蘭　四分云。有比丘。盜他衣鉢物。錯得已衣。佛言偷蘭。有比丘盜他衣并得己衣偷蘭。他衣犯重　十誦云。若檀越僧食次第未至。而言至者波逸提。若得食滿者犯重　問。有比丘。非衣物不覆藏取。以盜心移著異處。亦犯重不　答。有。答比丘摴蒲以心轉齒是　問。盜欝單越物。得重不　答。彼國人無我所屬。故不犯。餘二方計錢滿犯重　又問。比丘為盜變作尼形。是犯不　答。犯。尼變作比丘亦爾。有比丘。從居士索園中菜葡。居士不與比丘。即以呪術力而呪殺之。生疑問佛。佛言。犯。餘菜亦如是。有人藏寶物著地中。比丘以呪力壞寶色。壞他利。犯何罪。佛言。犯重。有獵師。逐鹿入寺。尋後來索。比丘答。那得還汝。彼去。比丘疑。佛言。不犯。又被射鹿入寺。獵者言。此鹿已中箭。當更射殺。汝等避箭。諸比丘言。不與汝避。亦不與汝鹿。呵以去。後鹿死。比丘不知云何。佛言。應還獵者。又諸比丘決心壞他獵網。佛言。偷蘭。若非心壞突吉羅。壞鳥網壞獄亦如是　善見論云。比丘決心壞他物。應還其直。不還者犯。若見被網鳥狩等。慈心欲放。先准價與物。繫著摾上。然後放者得福無罪　又十誦云。有賊將弟子去。和上奪取。心生疑問佛。佛言。若屬賊者奪犯重。未定屬奪不犯。若試呪力奪不犯。若神通力奪不犯。自走得脫不犯。若比丘盜多人未分物。雖過五錢不犯重。得偷蘭　五分云。若比丘盜地中物。發心及方便皆突吉羅。掘地殺草波逸提。動彼物偷蘭。離處滿犯重。類餘可知　十誦則不爾。掘地殺草但得突吉羅。何以故。為成盜方便　善見明八種突吉羅。一方便突吉羅。如偷蘭。覓伴及求刀斧。隨其方便名方便突吉羅。二共相突吉羅。如伏藏。上草木栰之。悉成突吉羅。何以故。為成盜罪方便故。是名共相突吉羅。三重物突吉羅。如十種寶十種穀種種器杖等。不應捉。名重物突吉羅。四錢突吉羅。一切菓為初。若捉得。突吉羅。是名非錢。五毘尼突吉羅。入村乞食。塵入鉢中不更受。是名毘尼突吉羅。六知突吉羅。聞唱已知而不出罪。是知吉羅。七白突吉羅。若於十日中以一日得突吉羅。是名白突吉羅。八聞突吉羅。佛語諸比丘前亦未現得突吉羅。是名聞吉羅也　云何五錢　餘三部并論不分別。唯十誦云。五錢者若一銅錢直。十六小錢者是。又僧祇云。十九古錢者名一罽利沙槃為四分。若盜一分直犯重。 > The precept against theft. Question: If a monk steals relics that have an owner, how is it an offense or not an offense? Answer: If it is to sustain himself and it is worth five coins, he commits a major offense; if it does not amount to five coins, a sthūlātyaya. If an evil monk takes them so that neither he nor I possess them, it is a sthūlātyaya. If it is for the sake of making offerings, thinking, 'The Buddha is my teacher, I ought to make offerings to him,' and it amounts to five coins, it is a duṣkṛta. This comes from the Mātṛkā-śāstra. Furthermore, the treatise states: A monk stole property belonging to a caitya, thinking there was no offense. The Buddha said: If there is a caretaker and it amounts to \[five coins\], he commits an offense. Question: If a monk steals property consisting of scriptures, what offense does he incur? Answer: If it amounts to \[five coins\], he commits a major offense; if it does not amount to that, a sthūlātyaya. If he takes it for the sake of the scriptures themselves, there is no offense. If the scriptures amount to \[five coins\], he commits a major offense; if they do not amount to that, a sthūlātyaya. If it is for recitation or copying, there is no offense. The Caturvargika-vinaya states: The Buddha's words are priceless; one reckons the value of the paper and ink to assess the offense. The Mahīśāsaka-vinaya states: A monk stole another's scripture, thinking that because it was the Buddha's words there was no offense. The Buddha said: If the value of the labor, paper, and ink amounts to five coins, he commits an offense. The Mahāsāṃghika-vinaya states: A monk intended to guide a horse to turn toward the east, but the horse ran off, turning south, west, or north. What offense does he commit? Answer: A sthūlātyaya. If the horse followed the monk toward the east, as soon as it lifted all four hooves, he committed an offense. As with a horse, so too with other livestock. Just as the east was designated by his intention, the other three directions are likewise. If his mind had no designated \[direction\] and it proceeded toward a single direction, when its four hooves leave their place, he commits an offense. Because of this, the Mahāsāṃghika masters explained thirteen delimitations of property to clarify the marks of offenses and non-offenses: 1. Delimitation of property: There are eight kinds of property: first, timed medicine; second, seven-day medicine; third, evening medicine; fourth, lifetime medicine; fifth, ancillary property; sixth, seed property; seventh, impure property; eighth, impure-impure property. If a monk touches these eight kinds of property with a mind to steal, it is a vinayātikrama; if he moves that property, a sthūlātyaya; if it leaves its place and amounts to \[the requisite value\], he commits a major offense. 2. Delimitation of location: Land, water, boats, vehicles, empty space, objects suspended in space, and the like should be understood. 3. Delimitation of fullness: As when one steals food at an improper time; if the food amounts to \[five coins\], he commits a major offense; if it does not amount to that, a sthūlātyaya, not a pātayantika. If one legitimately obtains food and eats at an improper time, it is a pātayantika. Such cases should be widely known. 4. Delimitation of enclosures: Stables for elephants and horses, pens for cattle and sheep, orchards, vegetable gardens, fences, and the like. If one steals these various properties, it is required that they pass beyond the barrier to demarcate the offense. 5. Delimitation of cages: That is, birds, beasts, and the like; passing out of the cage is the limit. If one intends to steal the cage, but fearing the owner will notice, carries it away cage and all, even if carried far, he has not yet committed \[the major offense\]. If he abandons the cage and takes the bird, if it amounts to \[five coins\], he commits the offense. If he steals both the cage and the bird, as soon as they leave the place, he commits the offense. If in an open space people let livestock roam, and a monk steals them by driving them away, and \[the owner\] immediately notices and pursues the monk, so that the monk does not consider them acquired and the owner does not consider them lost, he has not yet committed a major offense. If the owner forms the thought of having lost them and the monk forms the thought of having acquired them, he commits the offense. If he lures them away with grass, when they leave sight and hearing, he commits the offense. 6. Delimitation of entrusted property: If a monk receives another's entrusted property and carries it away, and along the way sees an item, and liking it, gives rise to a mind to steal and moves it away from its place, he commits a major offense. If while carrying the entrusted property along the way he sees another monk approaching from ahead and asks, 'Where do you come from?' and that person says, 'I come from such-and-such a place'; he asks, 'Do you know so-and-so?' and he answers, 'I know him'; he asks further, 'Is he well?' and he answers, 'He has already died'; now this property ought to belong to the saṃmukhībhūta-saṃgha; if that monk who received the entrustment knows the Dharma but is very deceitful and thinks, 'Why should I share it with him?' and immediately leaves the road beyond sight and hearing and performs a legal act to take it for himself alone, what offense does he incur? Answer: A vinayātikrama offense; even if he goes out of the boundary and deceitfully performs a karman, it is likewise a vinayātikrama. 7. Delimitation of miscellaneous property: Like the various livestock of the herdsmen mentioned above. 8. Delimitation of banners: Stealing canopies and the like. If it is too heavy to bear and he drags it away, even if far, he does not commit an offense, as should be understood. If banners and canopies of a stūpa or property of a devālaya are blown far away by the wind, covered in dust, dirt, and black grime, and one takes them considering them discarded rags, there is no offense. 9. Delimitation of circumstance: As when in a householder's home there is property not gathered away, and a monk goes and sees it, gives rise to a mind to steal, and takes it, and so forth. Furthermore, as when at mealtime a monk takes another monk's sitting mat and key, places them into his bowl, and has a disciple carry them away: he incurs a vinayātikrama; when the disciple goes out, he incurs a sthūlātyaya; if he had a mind to steal, he commits a major offense. The other noticing should be understood accordingly. 10. Delimitation of stakes: Similar in conception to the banners. 11. Delimitation of fields: Acting on behalf of others' plots and the like; if with a partial mind one divides it for another, up to shifting a boundary marker by a single barley-grain, he commits a major offense, because land is priceless. 12. Delimitation of thieves: Plotting with evil thieves to rob together and the like. If a monk loses property, pursues the thieves, and forcibly takes back his property, terrifying them and taking it: if that monk had not yet formed the thought of having lost it, in taking back the property there is no offense. If he vainly formed that thought and then took it back, he is a thief plundering thieves again, and if it amounts to \[the requisite value\], he commits a major offense. 13. Delimitation of customs duties: Violating government toll regulations regarding forbidden goods and the like. The Daśādhyāya-vinaya states: If a person secretly puts dutiable goods into a monk's bundle, and the monk does not know, or if he carries dutiable goods through the air and passes by the inspectors, there is no offense. The Mātṛkā-śāstra states: Transforming gold into copper to pass through a customs post incurs a sthūlātyaya. Furthermore, if a monk carrying dutiable goods intends to pass through, and on his own reflects, 'If I pass through, I commit a major offense; I shall bestow these goods on my parents, brothers, or sisters, or bestow them on a stūpa or the saṃgha,' and gives rise to doubt and asks the Buddha, the Buddha said: A sthūlātyaya. The Caturvargika-vinaya states: A monk stole another's robe and bowl property, but mistakenly took his own robe. The Buddha said: A sthūlātyaya. A monk stole another's robe and also took his own robe: \[for his own\] a sthūlātyaya, for the other's robe he commits a major offense. The Daśādhyāya-vinaya states: If a donor's food for the saṃgha has not yet reached his turn, but he says it has reached him, it is a pātayantika; if the food he obtains amounts to \[five coins\], he commits a major offense. Question: If a monk takes non-clothing property that is not covered or concealed, and with a mind to steal moves it to a different place, does he also commit a major offense? Answer: Yes. A monk playing dice who with his mind turns the die is an example. Question: Does stealing property in Uttarakuru incur a major offense? Answer: The people of that land have no sense of 'mine' or belonging, therefore there is no offense. In the other two continents, if it amounts to the requisite coins, he commits a major offense. Question further: If a monk transforms into the form of a bhikṣuṇī to steal, is it an offense? Answer: It is an offense. A bhikṣuṇī transforming into a monk is likewise. A monk begged for vegetables and grapes from a householder's garden; when the householder did not give them, the monk used the power of incantations to curse them to death. Giving rise to doubt, he asked the Buddha; the Buddha said: It is an offense. Other vegetables are likewise. A person hid treasures in the ground; a monk used the power of incantations to ruin the treasure's color and destroy the other's benefit. What offense does he commit? The Buddha said: He commits a major offense. A hunter pursued a deer into a monastery and came afterwards looking for it; the monk answered, 'How could I return it to you?' The hunter left. The monk doubted; the Buddha said: There is no offense. Furthermore, a deer that had been shot entered a monastery; the hunter said, 'This deer has already been hit by an arrow; I must shoot and kill it again. You all stand clear of the arrows.' The monks said, 'We will not stand clear for you, nor will we give you the deer,' and scolded him until he left. Later the deer died; the monks did not know what to do. The Buddha said: You should return it to the hunter. Furthermore, monks deliberately destroyed another's hunting nets; the Buddha said: A sthūlātyaya. If they destroyed them without that intention, a duṣkṛta. Destroying bird nets or destroying prisons is likewise. The Samantapāsādikā states: If a monk deliberately destroys another's property, he must repay its value; if he does not repay, he commits an offense. If he sees birds or beasts caught in a net, and with a compassionate mind wishes to release them, he must first give property matching the value, tying it to a post, and only then release them; he gains merit and incurs no offense. Furthermore, the Daśādhyāya-vinaya states: A thief took away a disciple, and the upādhyāya took him back; with a mind of doubt he asked the Buddha. The Buddha said: If he belonged to the thief, taking him back incurs a major offense; if ownership was not yet determined, taking him back is no offense. If he took him back by testing the power of incantations, no offense. If by supernormal powers, no offense. If \[the disciple\] ran away on his own and gained escape, no offense. If a monk steals undivided property belonging to many persons, even if it exceeds five coins, he does not commit a major offense; he incurs a sthūlātyaya. The Mahīśāsaka-vinaya states: If a monk steals property in the ground, generating the intention and the preliminary means are both duṣkṛta; digging the earth and killing vegetation is a pātayantika; moving that property is a sthūlātyaya; when it leaves the place and amounts to \[the requisite value\], he commits a major offense. Other cases should be understood by analogy. The Daśādhyāya-vinaya, however, is not like this: digging the earth and killing vegetation incurs only a duṣkṛta. Why? Because it serves as the preliminary means to achieve theft. The Samantapāsādikā explains eight kinds of duṣkṛta: 1. Preliminary-means duṣkṛta: As in sthūlātyaya; seeking companions and looking for knives and axes, according to the preliminary means, it is called a preliminary-means duṣkṛta. 2. Mutual-aspect duṣkṛta: As when cutting down the vegetation and trees above a hidden treasure, all constitute duṣkṛta. Why? Because they serve as the preliminary means to achieve the theft offense; this is called a mutual-aspect duṣkṛta. 3. Heavy-property duṣkṛta: Such as the ten kinds of jewels, ten kinds of grains, various weapons, and so forth, which ought not to be handled; this is called a heavy-property duṣkṛta. 4. Money duṣkṛta: With all fruits as primary; if one handles them, it is a duṣkṛta; this is called non-money. 5. Vinaya duṣkṛta: Entering a village to beg for food, and dust enters the bowl and one does not receive it again; this is called a vinaya duṣkṛta. 6. Knowing duṣkṛta: Hearing the proclamation, already knowing it, but not confessing the offense; this is a knowing duṣkṛta. 7. Pure-half duṣkṛta: If during the ten days one incurs a duṣkṛta in one day; this is called a pure-half duṣkṛta. 8. Hearing duṣkṛta: The Buddha addressing the monks where previously it had not been manifested; this is called a hearing duṣkṛta. What are the 'five coins'? The other three divisions and the treatises do not differentiate them; only the Daśādhyāya-vinaya states: 'Five coins' means the value of one copper coin, which is sixteen small coins. Furthermore, the Mahāsāṃghika-vinaya states: Nineteen ancient coins are called one kārṣāpaṇa, which makes four parts; if one steals the value of one part, he commits a major offense. > — English (machine translation) (machine translation) - [Previous: 2.23](https://indike.org/pramana/in.bauddha.taisho.2795.2.23) - [Next: 2.25](https://indike.org/pramana/in.bauddha.taisho.2795.2.25) - [Up: 2](https://indike.org/pramana/in.bauddha.taisho.2795.2) ## Translations (1) - [English (machine translation)](https://indike.org/pramana/in.bauddha.taisho.2795~en-mt.2.24) — English, machine translation --- Source: [https://indike.org/pramana/in.bauddha.taisho.2795.2.24](https://indike.org/pramana/in.bauddha.taisho.2795.2.24) · Pramāṇa