四部律并論要用抄 2.25

2.25

The precept against killing. In the Daśādhyāya-vinaya, Upāli asked: “If a monk, by sorcery or the power of medicine, transforms his body into the shape of a beast and terminates a person’s life, is it an offense or not?” The Buddha said: “If he himself remembered that he was a monk, it is an offense [of defeat]; if he did not remember, it is a sthūlātyaya.” Question: “Someone abandoned an embryo, another woman took it and placed it inside her own body, and later gave birth to the child. If [the child] kills, [killing] which mother constitutes a heavy offense along with an ānantarya?” Answer: “Killing the former mother incurs the heavy offense along with an ānantarya.” “If this child wishes to go forth, which mother should be asked?” Answer: “He should ask the latter mother.” Further question: “If a monk wishes to kill his parents, undertakes the expedient means and conditions for killing, but in the end takes a knife and kills himself, does he incur a heavy offense and an ānantarya, or not?” Answer: “If the parents die first and the monk dies afterward, he incurs both [a defeat and] an ānantarya. If the monk dies first and the parents afterward, he incurs a sthūlātyaya.” If monks kill each other, it is also like this. Someone caught a bandit and was about to kill him; the bandit ran and managed to escape. The pursuer asked a monk, “Have you seen the bandit?” Among the bandits was one toward whom the monk bore a grudge, and he immediately said, “He is at such-and-such place.” If [the pursuer] catches and kills him, and it was not the one he resented, it is a sthūlātyaya. If a human destroys an animal fetus, it is a prāyaścittika; if an animal destroys a human fetus, if it aborts, [for the human] it is a heavy offense. A monk caring for the sick thought to himself: “If I do not care for him, he will surely die early, and his property will be divided among the Saṃgha.” The patient subsequently died. Doubt arose, and he asked the Buddha. The Buddha said: “It is a sthūlātyaya.” If he did not give [medicine or food], it is also thus. Question: “Can a monk kill a monk who is not his father or an arhat, and incur a heavy offense along with an ānantarya?” The Buddha said: “There is: when a mother has gone forth and undergone a sex change, this is it. When a father changes sex, it is also like this.” If a monk strikes a person and the person dies, or in the interim recovers, or goes mad, it is a sthūlātyaya. The Caturvargika-vinaya states: “A monk gave an abortifacient to a woman, and the mother died.” The Buddha said: “For the mother’s death there is no offense; for the expedient means of causing abortion he incurs a sthūlātyaya.” The Mahāsāṃghika-vinaya states: “There was a vṛddhānta monk who did not know the marks of the precepts. Seeing an executioner about to kill someone, and fearing the victim’s suffering, he said to the executioner: ‘This person is pitiable; do not cause him pain. Strike him with a sharp blade in a single wound.’ The executioner replied, ‘Yes,’ and immediately struck him with a sharp blade in a single wound. This monk incurred a pārājika. If the executioner had said, ‘Venerable, the king has his own orders; what business is this of yours to know? Just mind your own thoughts,’ the Buddha said: ‘If that had happened, he would have incurred a vinayātikrama.’ If the executioner considered, ‘I ought to follow the monk’s words and make a single wound,’ because he did not immediately follow the monk’s words, this monk incurred a sthūlātyaya.” In all cases of expedient means to kill someone, they are vinayātikrama; when the person experiences suffering, it is a sthūlātyaya; when life is terminated, it constitutes a heavy offense. If one wishes to kill this person but kills that person, it is only a vinayātikrama; theft is also like this. From what point does killing incur a pārājika? The Caturvargika-vinaya states: “From the first consciousness to the last consciousness, any termination constitutes a heavy offense.” The Mahīśāsaka-vinaya states: “A human or human-like [being], forty-nine days after entering the mother’s womb, if human-like, from this point on is wholly called a human.” In the Daśādhyāya-vinaya, perceiving a human as a human, perceiving a human as a non-human, or having doubts, all incur a pārājika. Below, killing animals or drinking water with insects is also like this. For non-humans, perceiving them as humans or having doubts about non-humans [involves lesser offenses]. The Caturvargika-vinaya states: killing a human is a vinayātikrama progressing to a pārājika; [killing] devas, nāgas, spirits, and deities is a sthūlātyaya; killing an animal that cannot undergo transformations is a sthūlātyaya. Theft is also like this. Sexual misconduct is not so: all are heavy offenses. Without distinguishing among destinies, all constitute heavy offenses.