四部律并論要用抄 2.3

2.3

四部律第三分衣犍度中明囑授文。若病兒臨終時有如是言。我此眾物與佛與法。若與僧若與塔人。若我終後與。若不死還我。佛言。不應。如是與應現前僧分　問。如是決定囑授。死後何故不成　答。身死之後無有半錢之分。此物理應屬僧。故言不成　問。何成屬授　答。病人若言。生死決定與者。名成囑授　問。病人決定囑已後。若復還者當復云何　答。若定囑者後不應還取。何以故。決定囑他故。若還取者計錢犯重　問。病人囑授不成。後人持亡者衣物造福。得如法不　答。非法。何以然。囑授不成。猶是僧物。若用作福。一切同心者皆犯偷蘭遮罪。若此物有人守護不與。以強力取者計錢犯重。時舍衛國有負債比丘死。不知誰當償。便往白佛。佛言。聽持亡者長衣償。若無物賣三衣。餘者與瞻病人。彼看病人應問病比丘。何者是汝三衣。何者是汝長衣。汝負誰債。誰負汝債。汝應與誰。若不問如法治。

The text on entrustment in the 'Cīvaraskandhaka' of the third section of the Four-Part Vinaya: If a sick person, at the point of death, says: 'I give all these things of mine to the Buddha, to the Dharma, to the Saṃgha, or to the stūpa attendants; give them after I die; if I do not die, return them to me,' the Buddha said: 'It should not be given in this way; they must be distributed among the sammukhībhūta-saṃgha.' Question: When entrustment is decisively made in this way, why does it fail after death? Answer: After the body dies, there is not even half a copper coin's share [belonging to him]; this property by principle should belong to the Saṃgha, hence it is said to fail. Question: What constitutes valid entrustment? Answer: If the sick person says, 'Whether I live or die, I definitely give it,' this constitutes valid entrustment. Question: After a sick person decisively entrusts it, if he takes it back again, what then? Answer: If it was decisively entrusted, he should not take it back later. Why? Because it was decisively entrusted to another. If he takes it back, an offense of the heavy class is incurred according to the value of the money. Question: If the sick person's entrustment fails, and subsequent people take the deceased's robes and possessions to make merit, is this in accordance with the Dharma? Answer: It is not in accordance with the Dharma. Why is that? The entrustment having failed, it is still the property of the Saṃgha. If used to make merit, all who share the intention incur a sthūlātyaya offense. If someone guards this property and does not give it, and one takes it by force, an offense of the heavy class is incurred according to the value of the money. At that time, in Śrāvastī, an indebted monk died, and it was not known who should repay [the debt]. They went and reported it to the Buddha. The Buddha said: 'I permit using the deceased's extra robes to repay it. If there are no possessions, sell his tricīvara; what remains should be given to the gilānopasthāyaka.' That gilānopasthāyaka should ask the sick monk: 'Which are your tricīvara? Which are your extra robes? To whom do you owe debts? Who owes debts to you? To whom should you give [your property]?' If he does not ask, he should be dealt with according to the Dharma.