Lzh Dg Bu Vb Pj 2Theft

– FOUR-PART VINAYA

– PĀRĀJIKA

2. TAKING WHAT IS NOT GIVEN

A. ORIGIN OF THE RULE

At one time, the Blessed One was traveling and teaching at the city of Rājagaha, on Gijjhakūṭa (Vulture Peak) Mountain. At that time, within the city of Rājagaha, there was a bhikkhu named Dhaniya, the son of a potter. He was dwelling in a thatched hut in a secluded spot. When that bhikkhu had gone into the village to collect alms, some firewood-gatherers came and pulled apart his thatched hut, taking it away for fuel. When the bhikkhu returned from his alms round and found the hut gone, he thought: "I have been living alone in a secluded spot, and I built a hut myself from grass and timber. While I was in the village collecting alms, the firewood-gatherers tore apart my hut and carried it off. I have a craft; I can mix clay and make a dwelling entirely of brick."

Having thought this, the bhikkhu mixed clay and built a dwelling entirely of brick; then he gathered firewood and cow dung and fired it, so that the dwelling shone bright red like fire.

At that time, the Blessed One was descending from Gijjhakūṭa Mountain. Seeing from afar a dwelling red like fire, he knew, yet deliberately asked the bhikkhus:

"What is that red thing over there?"

The bhikkhus reported to the Buddha:

"Venerable Blessed One, there is a bhikkhu named Dhaniya, the son of a potter. That bhikkhu was living alone in a secluded spot and had built a thatched hut to dwell in. While he was out collecting alms, some firewood-gatherers tore apart his hut and carried it away. When the bhikkhu returned and found his hut destroyed, he thought: 'I have a craft; I can make a dwelling entirely of brick.' Having thought this, he proceeded to do so. That red dwelling belongs to the bhikkhu Dhaniya."

At that time, the Blessed One rebuked that bhikkhu by means of numerous skillful admonishments:

"What you have done is wrong; it is not proper conduct, not the way of a śramaṇa, not pure practice, not fitting behavior — this is something that should not have been done. Why, Dhaniya the son of a potter, did you build a hut yourself, gathering great quantities of firewood and cow dung and so forth, and then fire it? I have repeatedly, by means of numerous skillful admonishments, spoken of compassion toward living beings. Why has this foolish person mixed clay to build a hut, hoarding thorns, firewood, and cow dung to fire it? From this day forward, you are not permitted to make a dwelling entirely of brick, red like fire in this manner. If anyone does so, he commits a duṣkṛta."

At that time, the Blessed One ordered the bhikkhus:

"Assemble together and quickly go to the site of Dhaniya's hut and demolish it."

The bhikkhus obeyed the Buddha's instruction and went to demolish that hut. Dhaniya, seeing the bhikkhus demolishing his hut, asked:

"What fault have I committed that you are demolishing my hut?"

The bhikkhus answered:

"You have no fault. We bear no ill will toward you either. However, we have just received the instruction of the Blessed One, and so we have come here to demolish your hut."

The bhikkhu Dhaniya said:

"If the Blessed One has so instructed, you may proceed as you see fit."

At that time, King Bimbisāra of the kingdom of Magadha had an officer in charge of the royal timber, who was a close friend of bhikkhu Dhaniya from childhood. So bhikkhu Dhaniya went to that timber keeper and said:

"Friend, do you know that King Bimbisāra has given me timber? Now I am in need of wood — can you allow me to receive it?"

The timber keeper said:

"If the King has given it, whether the quality is good or poor, whether you need much or little, take as you please."

The essential timber that the King had set aside in reserve was cut down and carried off by bhikkhu Dhaniya.

At that time, a high minister who oversaw all affairs of the city came to the timber depot. Seeing that the essential timber the King had kept in storage had been recklessly cut away, he asked the timber keeper:

"This essential timber the King had stored here — who has cut it and taken it away?"

The timber keeper said:

"Bhikkhu Dhaniya came to me and said, 'The King has given me timber. Now I have need of it — may I take it?' I replied, 'If the King has given it, please take it.' The bhikkhu then entered the storage depot, cut the stored timber, and carried it away."

When the high minister heard this, he reproached the King, saying: "Why has this essential timber been given to a bhikkhu? There were other kinds of timber that could have been given, yet they were not given; instead this bhikkhu was allowed to cut away the essential timber and take it!" The minister then went to the King and reported:

"Your Majesty, the essential timber that had been stored in reserve — why has it now been given to a bhikkhu to cut and take away? There was much other timber that could have been given; why was that precious timber allowed to be destroyed?"

The King said:

"I have absolutely no recollection of having given timber to anyone. If the minister remembers, please remind me."

The high minister then sent for the timber keeper to be brought before the King. The timber keeper, seeing bhikkhu Dhaniya from afar, called out:

"Venerable One, it is because of your taking the timber that I have been arrested. Venerable One, please go there on my behalf to settle this matter. I beg your compassion."

The bhikkhu replied:

"Go ahead. I shall come there at once."

Bhikkhu Dhaniya then went to the King and stood silently before him.

The King asked:

"Venerable One, did I truly give you timber, or not?"

The bhikkhu answered:

"Your Majesty did indeed give me timber."

The King said:

"I do not recall having given anyone timber. Please remind me so that I may remember."

The bhikkhu reported:

"Does Your Majesty recall? At the time of your accession, these words came from Your Majesty's own mouth: 'During my reign, within the borders of my kingdom, any śramaṇas or brāhmaṇas who possess a sense of shame and moral dread, who delight in learning the precepts, who take only what is given and do not take what is not given, who use only what is given and do not use what is not given — from this day forward, such śramaṇas and brāhmaṇas are permitted to freely use grass, timber, and water. They are not to use what is not given. From this day forward, śramaṇas and brāhmaṇas are permitted to freely use grass, timber, and water.'"

The King said:

"Venerable One, it is true that at the time of my accession, I did speak those words. Venerable One, I was speaking of things that are ownerless, not of things that have an owner. Venerable One's offense deserves death."

Yet the King thought to himself: "I am a king consecrated by the water-sprinkling rite, of the Kṣatriya lineage. How could I take the life of a renunciant merely over a small amount of timber? That would not be right."

Thereupon the King rebuked the bhikkhu by means of numerous skillful admonishments, and then ordered his ministers to release the bhikkhu. The ministers followed the King's command and released the bhikkhu.

After this, those ministers spoke loudly in criticism and indignation, saying: "What was the King thinking? An offense deserving death, and yet he merely rebuked him and released him."

At that time, within the city of Rājagaha, lay people who had no faith in the Buddha-Dharma all criticized, saying: "The śramaṇas, disciples of the Śākyan, have no shame and no sense of moral dread; that is why they take what is not given. Outwardly they say they know the true Dharma — yet how can there be any true Dharma! They even take the King's timber; how much more so the possessions of others? From this day forward, let us not associate with the śramaṇas, disciples of the Śākyan, pay them homage, greet them, make offerings, or show them reverence. Do not let them enter our village, nor allow them to rest there."

At that time there were bhikkhus who heard of this matter. Among them were those of few desires who were content, who practiced the dhūta virtues, who had a sense of shame and moral dread, who delighted in learning the precepts. They criticized Dhaniya, saying: "How could he steal timber belonging to King Bimbisāra?"

The bhikkhus went to the Buddha, bowed at his feet, sat to one side, and reported this entire matter in full to the Blessed One. The Blessed One, on account of this matter, assembled the community of bhikkhus. Though he already knew, he deliberately asked bhikkhu Dhaniya:

"Is it true that you took timber which the King had not given?"

Dhaniya replied:

"Blessed One, it is truly so."

The Blessed One rebuked bhikkhu Dhaniya by means of numerous skillful admonishments:

"What you have done is wrong; it is not proper conduct, not the way of a śramaṇa, not pure practice, not fitting conduct — this is something that should not have been done. Dhaniya, why did you take timber that the King had not given? I have, by means of numerous skillful admonishments, praised the taking only of what has been given. Why have you now taken timber that the King had not given?"

At that time there was a bhikkhu named Kāḷu, who had formerly been a high minister of the King and was well versed in worldly law. He was seated within the assembly, not far from the Blessed One. The Blessed One knew, yet still asked bhikkhu Kāḷu:

"According to the law of the King, if one takes what is not given — what value of goods makes the offense punishable by death?"

Bhikkhu Kāḷu reported to the Buddha:

"If one takes five māṣakas, or goods valued at five māṣakas, one is subject to the death penalty."

"Bhikkhu Dhaniya, why did you take timber that the King had not given?"

At that time, the Blessed One rebuked bhikkhu Dhaniya by means of numerous skillful admonishments, and then addressed the bhikkhus:

"The bhikkhu Dhaniya is a fool; he is a field for sowing many seeds of the defiled; he is the first to transgress the precept. From this day forward, I shall establish the rule for the bhikkhus, drawing upon ten principles of meaning,… up to and including the long endurance of the true Dharma."

Wishing to recite the precept, it should be recited thus:

B. THE RULE

Whatever bhikkhu, in a village or in an uninhabited place, with a thieving mind, takes what is not given — taking from what is not given whatever he may take — whether he is apprehended by the king or the king's ministers, or killed, or bound, or expelled from the country, with the words: "You are a thief, you are a fool, you are ignorant" — that bhikkhu is one who has committed pārājika and is no longer permitted to live in community.

C. EXPLANATION OF TERMS

Bhikkhu: the meaning is as stated above.

Village: there are four kinds: 1. Surrounded on all sides by a low constructed wall. 2. Surrounded on all sides by a fence. 3. Having a fence and a wall but not forming a complete enclosure. 4. Surrounded on all sides by houses.

Uninhabited place: an open, empty, and desolate tract of land outside the village.

What is not given: an object that another person has not discarded.

Takes with a thieving mind: takes with the intention of stealing.

Taking from what is not given: meaning five māṣakas or the value of five māṣakas.

King: one who is sovereign and subject to no one.

Ministers: a general term for the high officials who assist the king.

Pārājika, no longer permitted to live in community: as explained above.

D. THE CHARACTERISTICS OF THE OFFENCE

There are three circumstances in which taking what is not given constitutes pārājika: taking with one's own hand, supervising the taking, and causing another to take.

Again, there are three circumstances in which taking what is not given constitutes pārājika: taking an object with the perception that it is not one's own, taking an object without the intention of borrowing it temporarily, and taking an object without consent.

Again, there are three kinds of taking: taking another's property, perceiving it as another's property, and removing it from its original position.

Again, there are three kinds of taking: taking property that has an owner, perceiving it as having an owner, and moving it from its original position.

Again, there are three kinds of taking: taking property that is under another's guardianship, perceiving it as being under another's guardianship, and removing it from its original position.

Again, there are four kinds of taking what is not given that constitute pārājika: taking with one's own hand, supervising the taking, ordering another to take, and removing it from its original position.

Again, there are four kinds of taking that constitute pārājika: taking an object with the perception that it is not one's own, taking without intention of borrowing temporarily, taking without consent, and removing it from its original position.

Again, there are four kinds of taking: taking another's property, perceiving it as another's property, the object being of significant value, and removing it from its original position.

Again, there are four kinds of taking: property having an owner, perceiving it as having an owner, the object being of significant value, and removing it from its original position.

Again, there are four kinds of taking: property under another's guardianship, perceiving it as being under another's guardianship, the object being of significant value, and removing it from its original position.

Again, there are five kinds of taking what is not given that constitute pārājika: taking with one's own hand, supervising another's taking, causing another to take, the object being of significant value, and removing it from its original position.

Again, there are five kinds: taking an object with the perception that it is not one's own, taking without intention of borrowing temporarily, taking without consent, the object being of significant value, and removing it from its original position.

Again, there are five kinds of taking: taking another's property, perceiving it as another's property, the object being of significant value, taking with a thieving mind, and removing it from its original position.

Again, there are five kinds: property having an owner, perceiving it as having an owner, the object being of significant value, taking with a thieving mind, and removing it from its original position.

Again, there are five kinds of taking: property under another's guardianship, the object being of significant value, taking with a thieving mind, and removing it from its original position.

Again, there are six kinds of taking what is not given that constitute pārājika: taking with one's own hand, supervising the taking, ordering another to take, the object being of significant value, taking with a thieving mind, and removing it from its original place. That which is not one's own property, perceived as not one's own property — there are likewise six such kinds. These are called the six kinds of theft that constitute the offence of pārājika.

Position: position in the ground, position on the ground, position on a conveyance, position in a carried load, position in open space, position on a tree, position in a village, position in an āraṇya, position in a field, position in a territory, position in a boat or vessel, position in water. Or sneaking through a customs post without paying duties. Or taking property entrusted by another. Or taking water; taking toothsticks, fruit, plants, footless beings, two-footed beings, four-footed beings, many-footed beings, jointly-owned property. Or making an appointment, or lying in wait, or keeping watch, or blocking a dangerous road. All of these are called positions.

Position in the ground: treasures buried underground that have not yet been discovered, such as the seven precious things — gold, silver, vaiḍūrya, pearls, emeralds, shell, agate — as well as pure gold, objects fashioned from gold, robes, and blankets; or other necessities that have an owner and are buried in the ground. If such objects are worth five māṣakas or more than five māṣakas, and one takes them with a thieving mind — taking by dragging them elsewhere, or concealing them, or moving them from their original position — the moment the object leaves its original position, pārājika is incurred. If one makes the attempt to lift it but cannot, the offence of sthūlātyaya is incurred.

Position on the ground: objects not buried underground, such as the seven precious things — gold, silver, and so on — up to and including robes and blankets; or other necessities that have an owner and rest on the surface of the ground. If such objects are worth five māṣakas or more than five māṣakas, and one takes them with a thieving mind — taking by dragging them elsewhere, or concealing them, or moving them from their original position — the moment the object leaves its original position, pārājika is incurred. If one makes the attempt to lift it but cannot, the offence of sthūlātyaya is incurred.

Position on a conveyance: conveyances are of four kinds — elephant conveyance, horse conveyance, cart conveyance, and conveyance on foot. Or again, any other means of transport is also called a conveyance. Objects on a conveyance, such as the seven precious things — gold, silver, and so on — up to and including robes and blankets; or other necessities that have an owner.

If such objects are worth five māṣakas or more than five māṣakas, and one takes them with a thieving mind — taking by dragging them elsewhere, or concealing them, or moving them from their original position — the moment the object leaves its original position, pārājika is incurred. If one makes the attempt to lift it but does not, the offence of sthūlātyaya is incurred. Or if one leads a vehicle from the main road to the main road, from the main road to a side road, from a side road to the main road, from inside a ditch up to the bank of the ditch, from the bank of the ditch into the ditch — in this way taking the conveyance from its original position: the moment it leaves its original position, pārājika is incurred.

If one makes the attempt to take it but does not, the offence of sthūlātyaya is incurred.

Position in a carried load: objects carried on the head, objects carried on the shoulder, objects carried on the back, or objects held before the chest; or any other objects carried in like manner. On such loads there may be the seven precious things — gold, silver, and so on — up to and including robes and blankets; or other necessities that have an owner. If such objects are worth five māṣakas or more than five māṣakas, and one takes them with a thieving mind — taking by dragging them elsewhere, or concealing them, or moving them from their original position — the moment the object leaves its original position, pārājika is incurred.

If one makes the attempt to lift it but cannot, the offence of sthūlātyaya is incurred. Or if one carries the load from the main road to the main road, from the main road to a side road, from a side road to the main road, from inside a ditch up to the bank of the ditch, from the bank of the ditch into the ditch — moving the load with a thieving mind so that it leaves the object's original position: the moment it leaves that position, pārājika is incurred.

If one makes the attempt to take it but does not, the offence of sthūlātyaya is incurred.

Position in open space: objects that are blown about by the wind, such as hair, kapok, kūrcaka, śarabhaṇī, śāṇa, hemp, cotton, paṭṭambhalamba, tūlatūla, geese, cranes, peacocks, parrots, and doves. Also other useful objects that have an owner. If such objects are worth five māṣakas or more than five māṣakas, and one takes them with a thieving mind — taking by dragging them elsewhere, or concealing them, or moving them from their original position — the moment the object leaves its original position, pārājika is incurred. If one makes the attempt to lift it but cannot, the offence of sthūlātyaya is incurred.

Position on an elevated surface: objects that have been placed upon a tree, a wall, a fence, a precipice, an ivory peg, a garment hook, a hammock, a wooden bed, large or small mattresses, a pillow, or a mat spread on the ground. If upon any of these there are gold, silver, and so on — up to and including robes and blankets; or other necessities that have an owner — and such objects are worth five māṣakas or more than five māṣakas, and one takes them with a thieving mind — taking by dragging them elsewhere, or concealing them, or moving them from their original position — the moment the object leaves its original position, pārājika is incurred. If one makes the attempt to lift it but cannot, the offence of sthūlātyaya is incurred.

Location: village. There are four types of villages, as described above. Within such a village, there may be gold, silver, and so forth, including clothing and blankets, or other necessities belonging to an owner. If these items are worth five māsakas or more than five māsakas, and one takes them with a mind of theft—by dragging them elsewhere, or concealing them, or moving them from their original position—the moment the object leaves its original position, it constitutes a pārājika.

If one employs the means of attempting to lift it but fails to do so, it incurs a thullaccaya. If one uses machinery to attack and destroy the village, or causes it to flood, or relies upon the forceful power of an acquaintance, or uses deceptive and misleading arguments to take the item—the moment it is taken, it constitutes a pārājika; if one employs the means of attempting to take it but fails, one incurs a thullaccaya offence.

Location: araṇya. An open expanse of land outside the village belonging to an owner. In such open land, there may be gold, silver, and so forth, including clothing and blankets, or other necessities belonging to an owner. If these items are worth five māsakas or more than five māsakas, and one takes them with a mind of theft—by dragging them elsewhere, or concealing them, or moving them from their original position—the moment the object leaves its original position, it constitutes a pārājika.

If one employs the means of attempting to lift it but fails to do so, it incurs a thullaccaya. Or if one employs means to destroy another's open land, or causes it to flood, or relies upon the forceful power of an acquaintance, or uses deceptive and misleading arguments to take the item—the moment it is taken, it constitutes a pārājika. If one employs the means of attempting to take it but fails, one incurs a thullaccaya offence.

Location: fields. Fields planted with rice, fields planted with barley, fields planted with sugarcane, or other types of fields where there may be gold, silver, and so forth, including clothing and blankets, or other necessities belonging to an owner. If these items are worth five māsakas or more than five māsakas, and one takes them with a mind of theft—by dragging them elsewhere, or concealing them, or moving them from their original position—the moment the object leaves its original position, it constitutes a pārājika.

If one employs means to destroy another's field, or causes it to flood, or relies upon the forceful power of an acquaintance, or uses deceptive and misleading arguments to take the item—the moment it is taken, it constitutes a pārājika. If one employs the means of attempting to take it but fails, one incurs a thullaccaya offence.

Location: territory. Whether it be the grounds of a house, the grounds of a market or shop, a fruit garden, a vegetable garden, a pond or lake, a front courtyard, a backyard, or any other such place where there may be gold, silver, and so forth, including clothing and blankets, or other necessities belonging to an owner. If these items are worth five māsakas or more than five māsakas, and one takes them with a mind of theft—by dragging them elsewhere, or concealing them, or moving them from their original position—the moment the object leaves its original position, it constitutes a pārājika.

If one employs means to destroy another's territory, or causes it to flood, or relies upon the forceful power of an acquaintance, or uses deceptive and misleading arguments to take the item—the moment it is taken, it constitutes a pārājika. If one employs the means of attempting to take it but fails, one incurs a thullaccaya offence.

Location: vessels and boats. Small boats, large boats, broad-beamed boats, dugout canoes, palanquin boats, sailing boats, boats shaped like a turtle, boats shaped like a soft-shell turtle, boats made of hide, boats made of floats, boats made of fruit, suspended boats, raft-winged boats, or other types of watercraft on which there may be gold, silver, and so forth, including clothing and blankets, or other necessities belonging to an owner.

If these items are worth five māsakas or more than five māsakas, and one takes them with a mind of theft—by dragging them elsewhere, or concealing them, or moving them from their original position—the moment the object leaves its original position, it constitutes a pārājika. If one employs the means of attempting to take it but fails, one incurs a thullaccaya offence. Or if one conveys it from this shore to the other shore, from the other shore to this shore; or upstream, or downstream; or sinks it beneath the water, or brings it up onto the bank; or unties the vessel and moves it elsewhere—it constitutes a pārājika.

If one employs the means of attempting to take it but fails, one incurs a thullaccaya offence.

Location: water. Treasuries of gold, silver, the seven precious substances, and various clothing and blankets submerged beneath the water; or otters, fish, soft-shell turtles, crocodiles, the flowers utpalā, padma, kumuda, puṇḍarīka, and other objects in the water belonging to an owner. If these items are worth five māsakas or more than five māsakas, and one takes them with a mind of theft—by dragging them elsewhere, or concealing them, or moving them from their original position—the moment the object leaves its original position, it constitutes a pārājika.

If one employs the means of attempting to take it but fails, one incurs a thullaccaya offence. If one employs means to destroy another's body of water … and so forth, up to incurring a thullaccaya offence, as described above.

Not paying duties. According to the rule of law, a bhikkhu is not required to pay duties. However, if goods belonging to a layperson are subject to duty, and a bhikkhu, with a mind of theft, carries them on behalf of another person past the place where duties are collected, or throws them beyond the checkpoint, and the goods are worth five māsakas or more than five māsakas—or if he conceals or moves them, or uses deceptive and misleading arguments, or employs spells to convey them past—and so forth, as regards the means, he incurs a thullaccaya, as described above.

Taking another's deposited goods. Goods entrusted to one and carried along—if one conceives a mind of theft toward them, and the goods are worth five māsakas or more than five māsakas; if one moves them from on top of the head down to the shoulder, or from the shoulder up to the head; from the right shoulder to the left shoulder, or from the left shoulder to the right shoulder; from the left hand to the right hand, or from the right hand to the left hand; or holds them in one's arms, or sets them on the ground and moves them from their original position—the moment they are moved from their original position, it constitutes a pārājika. As regards the means … thullaccaya.

Water. Various kinds of scented water or medicinal water contained in water vessels such as large or small jars, or other types of water containers, worth five māsakas or more than five māsakas—if one takes them with a mind of theft, by dragging them elsewhere, or concealing them, or moving them from their original position—the moment the object leaves its original position, it constitutes a pārājika. If one employs the means of attempting to take it but fails, one incurs a thullaccaya offence.

Tooth-cleaning sticks. Whether one or two sticks, or many sticks, or a handful, a bundle, an armful, or a carrying-load; whether imbued with fragrance or coated with medicine, worth five māsakas or more than five māsakas—if one takes them with a mind of theft, by dragging them elsewhere, or concealing them, or moving them from their original position—the moment the object leaves its original position, it constitutes a pārājika. If one employs the means of attempting to take it but fails, one incurs a thullaccaya offence.

Gardens. All grasses, trees, forests, flowers, and fruits belonging to an owner, worth five māsakas or more than five māsakas—if one takes them with a mind of theft, by dragging them elsewhere, or concealing them, or moving them from their original position—the moment the object leaves its original position, it constitutes a pārājika. If one employs the means of attempting to take it but fails, one incurs a thullaccaya offence.

Legless beings. Such as snakes, fish, and all other legless sentient beings belonging to an owner, worth five māsakas or more than five māsakas—if one takes them with a mind of theft, by dragging them elsewhere, or concealing them, or moving them from their original position—the moment the object leaves its original position, it constitutes a pārājika. If one employs the means of attempting to take it but fails, one incurs a thullaccaya offence.

Two-legged beings. Human beings, non-human beings, birds, and other two-legged sentient beings belonging to an owner, worth five māsakas or more than five māsakas—if one takes them with a mind of theft, by dragging them elsewhere, or concealing them, or moving them from their original position—the moment the object leaves its original position, it constitutes a pārājika. If one employs the means of attempting to take it but fails, one incurs a thullaccaya offence.

Four-legged beings. Such as elephants, horses, cattle, camels, donkeys, deer, goats, and other four-legged sentient beings belonging to an owner, worth five māsakas or more than five māsakas—if one takes them with a mind of theft, by dragging them elsewhere, or concealing them, or moving them from their original position—the moment the object leaves its original position, it constitutes a pārājika. If one employs the means of attempting to take it but fails, one incurs a thullaccaya offence.

Many-legged beings: such as bees, uất-châu-long-già, or centipedes, or other many-legged beings, that have an owner and have a value of five māsakas or more than five māsakas — if one takes them with a mind of theft, one commits a pārājika. If one uses expedient means intending to take but does not succeed in taking, one incurs a thullaccaya offense.

Common property: wealth obtained through a common enterprise must be divided in common; if it has a value of five māsakas or more than five māsakas and one takes it with a mind of theft, one commits a pārājika. If one uses expedient means intending to take but does not succeed in taking, one incurs a thullaccaya offense.

Making an agreement: making a pact with another person — at such a time to depart, at such a time to arrive; or to break through a wall and take property, or to seize it on the road, or to burn it — and thereby obtaining property in common. If those things have a value of five māsakas or more than five māsakas and one takes them with a mind of theft, one commits a pārājika. If one uses expedient means intending to take but does not succeed in taking, one incurs a thullaccaya offense.

Reconnaissance: "I will go and observe that village; or that town, that ferry crossing, that mountain cave, or that settlement, that market, that place of work." Wealth obtained from those places becomes common property; if it has a value of five māsakas or more than five māsakas and one takes it with a mind of theft, one commits a pārājika. If one uses expedient means intending to take but does not succeed in taking, one incurs a thullaccaya offense.

Standing guard: "I will stand guard over the wealth obtained from outside. Whatever is obtained shall be divided in common." If those things have a value of five māsakas or more than five māsakas and one takes them with a mind of theft, one commits a pārājika. If one uses expedient means intending to take but does not succeed in taking, one incurs a thullaccaya offense.

Watching the road: "I will keep watch on the road. If the King's troops come, or bandits come, or a householder's men come, we shall warn one another. Whatever wealth is obtained shall be divided in common." If those things have a value of five māsakas or more than five māsakas and one takes them with a mind of theft, one commits a pārājika. If one uses expedient means intending to take but does not succeed in taking, one incurs a thullaccaya offense.

If by expedient means one seeks more than five māsakas and obtains more than five māsakas, it is a pārājika. If by expedient means one seeks more than five māsakas but obtains five māsakas, it is a pārājika. If by expedient means one seeks more than five māsakas but obtains less than five māsakas, it is a thullaccaya.

If by expedient means one seeks more than five māsakas but obtains nothing, it is a thullaccaya. If by expedient means one seeks five māsakas and obtains more than five māsakas, it is a pārājika. If by expedient means one seeks five māsakas but obtains less than five māsakas, it is a thullaccaya.

If by expedient means one seeks five māsakas but obtains nothing, it is a thullaccaya. If by expedient means one seeks less than five māsakas but obtains more than five māsakas, it is a pārājika. If by expedient means one seeks five māsakas and obtains them, it is a pārājika.

If by expedient means one seeks less than five māsakas and obtains less than five māsakas, it is a thullaccaya. If by expedient means one seeks less than five māsakas and obtains nothing, it is a dukkaṭa.

If one instructs another person by expedient means to seek five māsakas, and that person obtains more than five māsakas, both commit a pārājika. If by expedient means one instructs another to seek more than five māsakas and that person obtains five māsakas, both commit a pārājika. If by expedient means one instructs another to seek five māsakas and that person obtains less than five māsakas, both commit a thullaccaya.

If by expedient means one instructs another to seek more than five māsakas but that person obtains nothing, both commit a thullaccaya. If by expedient means one instructs another to seek five māsakas and that person obtains more than five māsakas, both commit a pārājika. If by expedient means one instructs another to seek five māsakas and that person obtains five māsakas, both commit a pārājika.

If by expedient means one instructs another to seek five māsakas but that person does not obtain five māsakas, both commit a thullaccaya. If by expedient means one instructs another to seek five māsakas but that person obtains nothing, both commit a thullaccaya. If by expedient means one instructs another to seek less than five māsakas but that person obtains more than five māsakas, the one who takes commits a pārājika; the one who gave the instruction commits a thullaccaya.

If by expedient means one instructs another to seek less than five māsakas and that person obtains five māsakas, the one who takes commits a pārājika; the one who gave the instruction commits a thullaccaya. If by expedient means one instructs another to seek less than five māsakas and that person obtains less than five māsakas, both commit a thullaccaya. If by expedient means one instructs another to seek less than five māsakas but that person obtains nothing, both commit a dukkaṭa.

If by expedient means one instructs another to seek five māsakas or more than five māsakas, but the person who was instructed takes a different object, the one who takes commits a pārājika, and the one who gave the instruction commits a thullaccaya. If by expedient means one instructs another to seek five māsakas or more than five māsakas, but the person who received the instruction takes property from a different place, the one who takes commits a pārājika, and the one who gave the instruction commits a thullaccaya.

If by expedient means one instructs another to seek five māsakas or more than five māsakas, but the person who received the instruction is merely someone sent to do an errand and has no mind of theft, and that person takes five māsakas or more than five māsakas, the one who gave the instruction commits a pārājika, and the one who was sent commits no offense. If one instructs a person to take an object and that person understands the instruction as an instruction to steal, and if that person takes property worth five māsakas or more than five māsakas, the one who received the instruction commits a pārājika, and the one who gave the instruction commits no offense.

If something has an owner and one clearly knows it has an owner, and one takes it without permission, with a value of five māsakas or more than five māsakas, one commits a pārājika. If one suspects it has an owner and takes five māsakas or more than five māsakas, one commits a thullaccaya. If something has no owner but one perceives it as having an owner, and one takes five māsakas or more than five māsakas, one commits a thullaccaya.

If something has no owner and one perceives it as having an owner, and one takes five māsakas or more than five māsakas, one commits a thullaccaya. If one suspects that something has no owner and takes five māsakas or more than five māsakas, one commits a thullaccaya. If one takes something that has an owner, perceiving it as having an owner, but the value is less than five māsakas, one commits a dukkaṭa.

If something has no owner and one perceives it as having an owner and takes it for less than five māsakas, one commits a dukkaṭa. If one suspects that something has no owner and takes it for less than five māsakas, one commits a dukkaṭa.

A bhikkhunī: pārājika. A sikkhāmānā, a sāmaṇera, a sāmaṇerī: dukkaṭa, with expulsion. These are the offenses.

Non-offenses: taking with the perception that it has been given, or with the perception that it is one's own, or with the perception that it is a discarded object, or with the intention of taking it temporarily, or with the perception that the other is a close friend — all such cases above are non-offenses.

Those who do not commit an offense: the first offender before the rule was promulgated, one who is insane, one whose mind is deranged, one who is overwhelmed by extreme pain and distress. These are non-offenses.

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Vietnamese translation: Bhikkhu Thích Đỗng Minh and Thích Đức Thắng. DHARMAGUPTAKA VINAYA, PART ONE

Chinese translation: Tripiṭaka masters Buddhayaśas and Zhu Fonian.

Revised and annotated by: Bhikkhu Thích Nguyên Chứng

(Chinese translation, fascicles 1–21; Vietnamese translation, volumes 1 and 2)

Buddhist Editorial Committee, 2002