摩訶僧祇律

THE REMAINDER OF THE PRECEPT AGAINST STEALING

Furthermore, when the Buddha was staying in the city of Rajagriha, as related extensively above, the method of punishing offenders in the time of King Bimbisara’s great-grandfather was as follows:

– If anyone committed theft, he was sternly punished with a slap on the head. He would feel so ashamed that it was as though he were about to die, and thereafter he would not dare to offend again.

By the time of the king’s grandfather, the method of punishing thieves was as follows:

– If anyone committed theft, he was made to stand in one place while ashes were scattered around him. After a while he was released. That thief would feel exceedingly ashamed, (242c) no differently from a dead man, and thereafter would not offend again.

By the time of the king’s father, the method of punishing thieves was as follows:

– If anyone committed theft, he was expelled from the city. The thief would feel as ashamed as a dead man, and thereafter would not dare to offend again.

King Bimbisara’s method of punishment was as follows:

– If anyone committed theft, he was expelled from the kingdom, as a warning to others.

At that time there was a thief who had been expelled seven times, yet he continued to return to the towns and settlements to plunder property and kill people. Some men then caught and bound him, brought him before the king, and reported: “This thief has been expelled seven times, yet he still returns to the towns and settlements to plunder property and kill people. May Your Majesty punish him with the utmost severity.”

The king said to the minister: “Take this thief away and punish him according to his crime.”

The minister then replied: “Desist, desist, Your Majesty. Your Majesty should personally determine his punishment; do not entrust it to your servant. How would your servant dare to act arbitrarily and overstep Your Majesty? Your Majesty’s commands are still honored, and the authority to impose punishment proceeds from Your Majesty and shall long endure.”

The king said: “Take him away and cut off his little finger.”

Fearing that the king might regret his command, the responsible officials immediately took the offender away and cut off his little finger. The king then bit one of his own fingers and found the pain unbearable. He immediately sent someone to convey an order to the minister: “Do not cut off his finger.”

The minister replied to the king: “His finger has already been cut off.”

The king was filled with regret and sorrow, and thought to himself: “I am now the last righteous king, not the first righteous king. Whoever rules as king must care for the people and all living beings. How could one be king over people and yet cut off a person’s hand?”

King Bimbisara then ordered his carriage to be prepared at once and went to the Blessed One. Upon arriving, he bowed his head at the Buddha’s feet, sat to one side, and addressed the Buddha:

– Blessed One! My great-grandfather’s method of punishing offenders was to slap them on the head. As the generations of kings succeeded one another down to my reign, evil practices increased day by day, while righteous governance gradually declined. Although I have had the good fortune to become king, I have inflicted injury upon a person’s body. I reproach myself for lacking the Way and feel utterly ashamed and afraid.”

The Buddha asked: “Great King! According to the law of the kingdom, theft of how much money incurs the death penalty? Theft of how much money incurs expulsion from the kingdom? Theft of how much money incurs punishment with whips and staffs?”

King Bimbisara then said to the Buddha: “Blessed One! One keliṣāpana is nineteen coins. When these are divided into four parts, anyone who steals one part (4.75 coins) or more than one part merits the death penalty.”

The Blessed One then taught the Dharma to King Bimbisara in a manner appropriate to him, bringing him benefit and joy. His regret and distress were dispelled, and the king bowed to the Buddha and departed.

Not long after the king had departed, the Blessed One went to where the assembly of bhikkhus was gathered, spread out his seat, sat down, and said to the bhikkhus: “King Bimbisara recently came to me, bowed to me, sat to one side, and said: ‘Blessed One! My great-grandfather’s method of punishing offenders was to slap them on the head, and this righteous system of governance and instruction was inherited down to my reign.’ I then asked the king: ‘Great King, theft of how much (243a) money merits death?

And theft of how much money incurs punishment with whips and staffs?’ The king said: ‘One keliṣāpana consists of nineteen coins. When those nineteen coins are divided into four parts, anyone who steals one part (4.75 coins) or more than one part merits the death penalty.’ I taught the Dharma to King Bimbisara in a manner appropriate to him. After hearing the Dharma, the king rejoiced, took his leave, and departed.

Bhikkhus! From now on, you should understand that nineteen ancient coins are called one keliṣāpana. When one keliṣāpana is divided into four parts, anyone who steals one part (4.75 coins) or more than one part commits a Parajika offense.”

The bhikkhus then said to the Buddha: “Blessed One! Why was King Bimbisara so afraid of wrongdoing?”

The Buddha said to the bhikkhus: “King Bimbisara was not afraid of wrongdoing in this life alone; in a past life he was likewise afraid of wrongdoing.”

The bhikkhus said to the Buddha: “Blessed One! Did this truly happen before?”

The Buddha taught: “It was indeed so! In the past there was a city named Varanasi in the kingdom of Kashi. At that time there was a king named Renown.

The people of that kingdom all made their living through skillful arts: playing music, singing, fashioning ornaments such as gold, silver, jewels, garlands, and necklaces, training elephants and horses, or practicing magical arts. They were skilled in every craft, and there was nothing in which they were not accomplished. By such means they earned their livelihood.

Anyone who did not know these skillful arts was regarded as a fool. Anyone who committed theft was also called a fool. At that time there was a thief.

When the people learned of his deed, they bound him, brought him before the king, and said: ‘Your Majesty! This man has committed a foolish deed. May Your Majesty punish him.’ The king said: ‘Desist, desist.

In the world, some lose their possessions and others steal them. How could I add yet another evil deed?’ The king then thought: ‘What expedient means can I employ to maintain the laws of the kingdom, without the ministers knowing of this matter, and prevent evil practices from arising?’ The king further thought: ‘From ancient times until now, only today has a fool appeared. The number of fools has not yet reached one thousand.

I should order an attendant to hand this fool over to a minister and instruct him that, when there are one thousand fools, he is to inform me, and I shall convene a great assembly.’ The minister therefore took charge of the fool and confined him in one place. Soon afterward, the king thought: ‘Has that foolish man perhaps starved to death?’ He then ordered the minister to bring the fool before him and admonished him: ‘You must take good care of this man and not allow him to fall ill.

Have him live in my Ashoka Grove and provide him with the five kinds of sensual pleasure, music, and entertainment.’ The minister obeyed the command and treated the fool exactly as the king had instructed.

At that time, another foolish man heard that the king had apprehended a fool, placed him in the Asoka Grove, and provided him with all kinds of music and entertainment. He therefore went in person to the chief minister and said, "I am a foolish man." Wishing to carry out the king’s command, the chief minister immediately placed him in (243b) the Asoka Grove. Before long, by proceeding in this manner, the number reached one thousand. The chief minister then reported to the king: "There are now one thousand fools. Whatever Your Majesty wishes to do, please do it quickly."

Upon hearing this report, the king became deeply distressed and thought to himself: "From ancient times until now, it has always taken a very long time to find even one fool. How is it that today, in such a short time, there are already a thousand? Could it be that in this final age evil dharmas are increasing?"

The king then ordered his ministers to sweep and clean the Asoka Grove, burn incense, hang banners, pennants, and jeweled canopies, and prepare all manner of delicious food and drink. The ministers obeyed and fully carried out everything the king had commanded. The king, together with his officials and the assemblies of the eighteen schools, then proceeded to the Asoka Grove. After arriving and taking their seats, the king asked his officials: "Where are the fools? Summon them all here."

All the fools assembled. Seeing that those who had lived in the grove for a long time had filthy clothes, long fingernails, and disheveled hair, the king ordered his officials: "Take these fools to bathe, give them new clothes, cut their hair and trim their nails, and only then bring them here."

When they returned, the king bestowed food and drink upon them, gave them wealth and other necessities, and commanded: "Return home, provide for your parents, diligently attend to your family livelihood, and do not steal again."

When the fools heard the king’s command, they all joyfully accepted and carried it out. The king then entrusted the royal throne to the crown prince, renounced the household life, entered the mountains, and studied the teachings of the seers. At that time, the king recited this verse:

"Formerly I sought a thousand fools,

But found it hard to hold the great assembly.

How is it that before much time had passed,

The full number of one thousand was attained?

Evil dharmas increase by day and night;

From now on, the great assembly shall cease.

Wishing to depart far from evil men,

I ought now to renounce the household life."

The Buddha said to the bhikkhus: "King Renown of that time was none other than King Bimbisara of the present day. From former times until now, King Bimbisara has always feared the retribution of offenses; today, after becoming king, he continues to fear the retribution of offenses."

The bhikkhus then addressed the Buddha:

"Blessed One, why did King Bimbisara issue an order and then regret it almost immediately?"

The Buddha told the bhikkhus: "This King Bimbisara has not only issued an order and then immediately regretted it today; in a past life he also did something that he later regretted."

The bhikkhus then addressed the Buddha: "Did such a thing truly happen before?"

The Buddha said: "Indeed it did. In a past life, there was a brahmin who possessed no wealth and sustained himself by begging. The brahmin’s wife had borne no children, but in their house a Nakula (?) gave birth to an offspring. Because he had no child, the brahmin regarded (243c) the young Nakula as his own son, while the young Nakula likewise regarded the brahmin as his father.

Whenever the brahmin visited the homes of others and received milk, butter, cakes, or meat, he brought them home for Nakula. Later, his wife unexpectedly became pregnant, and after the full ten months she gave birth to a son. She thought: "Perhaps because Nakula gave birth to this auspicious child, I too was able to have a child."

When the brahmin was about to go begging for food, he told his wife: "If you go anywhere, you must take the child with you. Be careful not to leave him at home."

After feeding her child, the brahmin woman went to a neighbor’s house to borrow a mortar for pounding rice. At that time, the child had eaten fragrant cream, and a venomous snake, detecting the scent, crawled over, opened its mouth, and released its venom, intending to kill the child. Nakula thought: "My father has gone out, and my mother is also away from home, yet this venomous snake intends to kill my younger brother." He then recited this verse:

"Venomous snakes and Nakulas,

Birds of prey and calling birds,

Sramanas and brahmins,

Stepmothers and children of former wives—

They constantly harbor jealousy

And seek to harm one another."

Nakula immediately killed the venomous snake and cut it into seven pieces. He then thought: "Now that I have killed the snake so that my younger brother may live, when Father and Mother learn of it, they will surely reward me." He smeared the snake’s blood around his mouth and stood waiting outside the door, hoping that his parents would be greatly delighted when they saw him.

At that time, the brahmin was returning home. From a distance he saw his wife at the neighbor’s house and angrily rebuked her: "I told you that wherever you went, you were to take the child with you. Why did you go alone?"

Then, as he was about to enter the house, he saw blood around Nakula’s mouth and thought: "While my wife and I were absent, did Nakula remain at home, kill my child, and eat his flesh?" Growing furious, he said: "All my efforts in raising this beast were in vain, only for it to cause such harm!" He rushed forward and beat Nakula to death with a staff.

He then entered the house and saw his son happily playing while sucking his fingers. Beside the child, he also saw the seven pieces of the venomous snake’s body. Seeing what had happened, he became deeply grieved and remorseful and reproached himself: "This Nakula was most affectionate and saved my child’s life. Yet without carefully examining the matter, I beat him to death. How lamentable!"

He then collapsed upon the ground unconscious. At that time, a heavenly being in the sky recited this verse:

"One should carefully examine all things

And not impulsively give rise to anger,

Lest one part from a beloved good friend

And destroy the might of a virtuous being,

(244a) Just as that brahmin

Killed the Nakula."

The Buddha told the bhikkhus: "The brahmin of that time was none other than King Bimbisara. In the past, he acted rashly and afterward regretted it; today it is likewise so."

The Buddha then ordered all the bhikkhus living around Rajagriha to assemble. Even those who had already heard it were to hear it again. He then established the precept as follows:

"If a bhikkhu, whether in a village or in a wilderness, takes what has not been given and is apprehended by the king, or is killed, bound, or banished, and it is said to him: ‘Ah, sir! Are you a thief? Are you a fool?’—a bhikkhu who steals in this manner commits a parajika offense and may not dwell together with the Sangha."

[The Second Precept (Stealing) Ends Here]

Explanation:

Bhikkhu: One who has received full ordination, has properly received full ordination, is fully twenty years of age, is free of the obstructing conditions, and has received ordination before ten preceptors or more through one formal motion and three proclamations. Such a person is called a bhikkhu.

Village: A settlement surrounded by walls, fences, riverbanks, or canals.

Village also means a cattle-grazing ground, a place where children play, a cart park, a place where cattle lie down to rest, or a place with at least four dwellings and a place for stacking firewood; these are also called a village.

Open ground: Open ground is the area outside the walls and outside the monastery. Apart from the boundary of the village, everything else is open ground.

Boundary of a village: A place not far from the dwellings, along a main road where people travel, is called the boundary of a village. Areas beyond embankments, moats, or fences—apart from the boundary of the village—are all open ground.

Cattle-grazing ground: The area far beyond the boundary of the village dwellings. Apart from the boundary of the village, everything else is open ground.

Children’s pleasure parks: These are places very far from carriage stations; apart from the boundaries of villages, all other areas are open ground.

Carriage stations (settlements of parked carriages): Carriage stations situated far from villages; apart from the boundaries of villages, all other areas are open ground.

Places where cattle lie down to rest (settlements where cattle sleep): These are outside and very far from dwellings; apart from the boundaries of villages, all other areas are open ground.

A village consisting of four houses and one place for storing firewood: The area very far from the houses; apart from the boundaries of the village, all other areas are open ground.

Not given: Whether taken from a man, a woman, a paṇḍaka who is neither male nor female, a householder, or one who has gone forth, if one takes with the intention to steal something that has not been given, the offense depends upon the object stolen.... Such objects are of eight kinds:

1. Medicines for the proper time

2. Medicines for the night portion

3. Seven-day medicines

4. Lifetime medicines

5. Personal requisites

6. Valuable objects

7. Impure objects

8. Objects both pure and impure.

These are called the eight kinds of objects.

Taking: This means holding an object and moving it from its original place; this is called taking.

According to the theft: This is unlike the sixteen cases of guardianship. For example, one might steal a small coin from the king (244b) to buy a melon to eat and be arrested and executed by the king. Since the king has no fixed law but acts according to his own will, one may be executed for stealing a little, whereas another may steal much without being executed.

This is illustrated by the following occasion when the Blessed One asked about the law of King Bimbisāra: “Great King, in governing your realm, how much money must one steal to incur the death penalty? How much to be banished? How much to be subjected to corporal punishment?”

King Bimbisāra replied to the Buddha: “Nineteen coins make one keliṣapaṇa. One keliṣapaṇa is divided into four parts. If one takes one part or more than one part, one deserves death. Therefore, the amount stolen shall now be taken as the standard.”

King: This means a kṣatriya, brahmin, elder, or householder who has assumed the office of king.

Arrested by the king: If the king sends someone to arrest a person, and they seize that person by the hand or by another part of the body, this is called arrest.

Kill: To bring a life to an end is called killing.

Or imprison: Whether confined in a house, a city, or a village, or placed in a cangue or chains, this is called imprisonment.

Banishment: Expulsion from a village, expulsion from a city, or expulsion from a country is called banishment.

Alas, good man!: If a bhikṣu is rebuked with such words as, “You are a thief; you are deluded; you are foolish,” he has committed a pārājika offense and may no longer dwell together with the Sangha.

Pārājika: This means that, in relation to the teaching, one’s mind and understanding have regressed and fallen away, and one cannot attain the fruit of the path. This is called pārājika. Thus, up to and including the knowledge of exhaustion and the knowledge of non-arising, if one regresses and falls away from these kinds of knowledge and cannot attain the fruit of the path, this is called pārājika.

Pārājika also means that one has regressed and fallen away from the fruit of the path of nirvana and cannot realize it; this is called pārājika.

Pārājika also means that one has violated the precept against taking what has not been given and has regressed and fallen away; this is called pārājika.

Pārājika further means that the offenses committed cannot be disclosed and repented of; therefore, they are called pārājika.

Medicines for the proper time: All roots, all kinds of grain, and all kinds of meat.

Roots: Medicinal roots, grass roots, lotus roots, bamboo roots, water-yam roots, grape roots, and onion roots are called roots.

Grains: There are seventeen kinds. They are:

1) Rice. 2) Red rice. 3) Wheat. 4) Barley. 5) Small beans. 6) Hu beans. 7) Large beans. 8) Deng beans. 9) Non-glutinous rice. 10) Seedling rice. 11) Sesame. 12) Ginger. 13) Shezhi. 14) Basatuo. 15) Sedge seeds. 16) Zhinaju. 17) Jutuopo.

These are called the seventeen kinds of grain.

Meat: The flesh of creatures that live on land or in water.

What are creatures that live in water?

— Creatures that live in water are fish, turtles, tidi, zhila, xiuluo, xiuxiuluo, and xiuxiumoluo. Those creatures dwelling in water whose flesh may be eaten are called creatures that live in water.

What are creatures that live on land?

— Creatures that live on land are those with two legs, four legs, no (244c) legs, or many legs. All such creatures are called creatures that live on land.

Foods made from roots, grains, or meat such as these all belong to food for the proper time. Why is this so? Because they may be eaten only at the proper time and may not be eaten outside the proper time; therefore, they are called food for the proper time. If a bhikṣu, with the intention to steal, touches any medicine for the proper time, he commits a vinayātikrama offense. If he causes the object to move, he commits a sthūlātyaya offense. If he moves it from its original place and its value amounts to the prescribed sum of five coins, he commits a pārājika offense.

Medicines for the night portion: These comprise the following fourteen kinds of fruit juice:

1) Āmla fruit juice. 2) Pear juice. 3) Pomegranate juice. 4) Dianduoli fruit juice (?). 5) Grape juice. 6) Balousha fruit juice. 7) Jianjian fruit juice. 8) Banana juice. 9) Jijati fruit juice. 10) Jiepoluo fruit juice. 11) Bulongqu fruit juice. 12) Sugarcane juice. 13) Halituo fruit juice. 14) Quboli fruit juice.

If any of these juices is received in the evening, it may be drunk in the evening; if received at midnight, it may be drunk at midnight; if received toward the end of the night, it may be drunk toward the end of the night; or if received before the meal and kept until evening to be drunk, it is called medicine for the night portion. If a bhikṣu, with the intention to steal, touches such medicine for the night portion, he commits a vinayātikrama offense.

If he causes it to move, he commits a sthūlātyaya offense.

If he moves it from its original place and its value amounts to the prescribed sum, he commits a pārājika offense.

— Seven-day medicines: Ghee, oil, honey, crystallized sugar, fat, and fresh cream.

— Ghee: Such kinds of ghee as that made from cow’s milk, buffalo’s milk, goat’s milk, antelope’s milk, camel’s milk, and so forth.

— Oil: Sesame oil, lettuce-seed oil, huanglan oil, atuosi oil, bima oil, bilou oil, bizhoumantuo oil, kalanji oil, sala oil, atimukta oil, mantou oil, dama oil, and other kinds of oil are called oil.

— Honey: Juntuo honey, buti honey, fly-bee honey, and ground-bee honey are all called honey.

— Solid sugar: Such kinds as banduo sugar, naluo sugar, manshe sugar, and mahapili sugar are called solid sugar.

— Fat: Such as fish fat, bear fat, bi fat, xiuxiuluo fat, and pig fat. If these kinds of fat contain no bones, flesh, or blood, have no foul odor, and are not staple food, a sick bhikṣu who receives them is permitted to use them for seven days. This is called fat.

— Fresh cream: Such fresh cream as that from cows, goats, and so forth, which has been thoroughly strained and is not staple food, may, if unexpectedly received, be drunk for seven days. These are called seven-day medicines.

If a bhikṣu, with the intention to steal, touches a seven-day medicine, he commits a vinayātikrama offense.

If he causes the object to move, he commits a sthūlātyaya offense.

If he moves it from its original place and its value amounts to the prescribed sum, he commits a pārājika offense.

– Lifelong medicines: haritaki, bibhitaka, amalaka, long pepper plant, pepper, ginger, longevity fruit, heavenly peach, star apple, red bean fruit, parasiddha fruit, banana (panna); the five small roots, the five large roots, (245a) all kinds of salt, all kinds of ash except the eight kinds of ash, and all kinds of earth except lump sugar and gravelly earth. These medicines are not food.

If they have just been received, a sick bhikshu may keep them and take them throughout his life. These are called lifelong medicines.

If a bhikshu, with the intention to steal, touches lifelong medicine, he commits a Vinaya transgression.

If he causes it to move, he commits a Sthulatyaya offense.

If he removes it from its original place and its value reaches the prescribed amount, he commits a Parajika offense.

– Personal requisites: the three robes, sitting cloth, cloth for covering sores, rain cloak, bowl, large kientu, small kientu, bowl bag, bathing-cloth bag, water-straining bag, two kinds of belts, razor, copper spoon, small bowl, needle case, water pitcher, bathing dipper, oil flask, small flask, khakkhara staff, leather shoes, parasol, fan, and other necessary articles—these are called personal requisites. There are also the personal belongings of laypeople, such as weapons, knives, staffs, clothing, and the other necessary articles of people dressed in white; these too are called personal belongings.

If a bhikshu, with the intention to steal, touches any of these articles, he commits a Vinaya transgression.

If he causes the article to move, he commits a Sthulatyaya offense.

If he removes it from its original place and its value reaches the prescribed amount, he commits a Parajika offense.

– Heavy articles: such as beds, bedding, and other heavy articles.

– Beds and bedding: sleeping beds, sitting couches, small blankets, large blankets, blocks of wood, mats, pillows, and other heavy articles, such as objects made of copper, wood, bamboo, brick, and so forth.

– Copper articles: copper pitchers, copper pots, copper pans, copper spoons, and other copper implements are called copper implements.

– Wooden and bamboo articles: wooden boxes, wooden pitchers, wooden basins, wooden bowls, wooden spoons, bamboo baskets, bamboo mats, bamboo hampers, and all other articles made of wood or bamboo are called wooden and bamboo articles.

– Earthen articles: everything from a large jar down to a small bowl used as a lamp is called an earthen or brick article.

If a bhikshu, with the intention to steal, touches any of these heavy articles, he commits a Vinaya transgression.

If he causes them to move, he commits a Sthulatyaya offense.

If he removes them from their original place and their value reaches the prescribed amount, he commits a Parajika offense.

– Impure articles: money, gold, and silver. Because a bhikshu is not permitted to touch them, they are called impure articles.

If a bhikshu, with the intention to steal, touches any of these impure articles, he commits a Vinaya transgression.

If he causes them to move, he commits a Sthulatyaya offense.

If he removes them from their original place and their value reaches the prescribed amount, he commits a Parajika offense.

– Articles both pure and impure: precious pearls, lapis lazuli, pearls, coral, crystal, mother-of-pearl, agate, and jade. Because these treasures may be touched but may not be worn on the person, they are called articles both pure and impure.

If a bhikshu, with the intention to steal, touches an article that is both pure and impure, he commits a Vinaya transgression.

If he causes it to move, he commits a Sthulatyaya offense.

If he removes it from its original place and its value reaches the prescribed amount, he commits a Parajika offense.

– There are also sixteen other categories of articles: earth, things in the earth, water, things in the water, boats, things in boats, carts, things on carts, four-footed creatures, (245b) things upon four-footed creatures, two-footed creatures, things upon two-footed creatures, footless creatures, things upon footless creatures, the sky, and things in the sky.

1- What is earth?

– Gold mines, silver mines, copper mines, iron mines, tin mines, khong thanh thu (?), yellow stone, sulfur stone, dust, red earth, pliable white clay, and the various kinds of earth used by potters are all called earth.

If a bhikshu, with the intention to steal, touches any of these kinds of earth, he commits a Vinaya transgression.

If he causes them to move, he commits a Sthulatyaya offense.

If he removes them from their original place and their value reaches the prescribed amount, he commits a Parajika offense.

2- Things in the earth: If people bury and conceal various things in the earth, such as money, gold, silver, crystal, pearls, precious pearls, mother-of-pearl, agate, milk jars, oil jars, jars of lump sugar, and medicinal plants, roots, branches, leaves, fruits, and so forth, up to the eight kinds of things concealed in the earth, these are called things in the earth.

If a bhikshu, with the intention to steal, touches any of these things in the earth, he commits a Vinaya transgression.

If he causes them to move, he commits a Sthulatyaya offense.

If he removes them from their original place and their value reaches the prescribed amount, he commits a Parajika offense.

3- Water: There are ten kinds of water: river water, pond water, well water, water from a deep marsh inhabited by dragons, clear water, hot-spring water, water free from disease, filtered rainwater, water in the sky, and flowing water. In some places water is exceedingly precious, while in other places it is not. Sometimes one coin will purchase four or five pitchers; sometimes one must exchange all one's possessions to obtain a single pitcher. Near a village or city where good water is available, one coin will purchase five or six pitchers.

Suppose merchants must travel through remote, desolate roads for five yojanas, ten yojanas, or even five hundred yojanas, and there is no water along the way. Those merchants must all carry water with them, either obtaining it themselves or purchasing it. At that time, one merchant had only a little water remaining, insufficient for his needs.

Tormented by thirst, he thought: “If I remain alive, I shall be able to earn more money; but if I die of thirst, what use will money be?” He therefore exchanged all his possessions for one pitcher of water. At that time, a bhikshu was traveling with the merchant, who regularly supplied the bhikshu with water. Before they reached their destination, however, the water was nearly exhausted.

The merchant then said to the bhikshu: “The road ahead is still long, and the water is nearly gone. I offer this portion of water to the Venerable One, while this portion is for me to drink.” The bhikshu must carefully measure and use only the amount of water the merchant gave him. If, with the intention to steal, he drinks more water and its value reaches the prescribed amount, he commits a Parajika offense.

If its value does not reach the prescribed amount, he commits a Sthulatyaya offense.

Suppose the merchant says: “The water I supply is for the Venerable One; please do not give it to anyone else.” But then an elderly, sick person, tormented by thirst, approaches the bhikshu and asks for water to drink. Out of compassion, the bhikshu wishes to provide water to that sick person and thinks: “Although the owner has spoken thus, this sick person is pitiable. I should now give him some water.” If the owner is also compassionate, consents, and does not reproach him, (245c) there is no offense.

Suppose someone transports water in a boat. If a bhikshu, tormented by thirst, touches the water in that person's boat with the intention to steal, he commits a Vinaya transgression.

If he scoops up that water with a bowl or dipper but has not yet taken it away from the boat, he commits a Sthulatyaya offense.

If he has carried the water away so that both his body and robes have left the boat, and its value reaches the prescribed amount, he commits a Parajika offense.

If a bhikshu pierces that person's water container, he commits a Vinaya transgression.

If he inserts a tube through the opening and drinks water whose value reaches the prescribed amount, he commits a Parajika offense.

If he drinks intermittently, pausing between draughts, he commits a separate Sthulatyaya offense with each mouthful.

If the water container was previously covered and a bhikshu, with the intention to steal, removes the cover, he commits a Vinaya transgression.

While pouring the water, he commits a Thullaccaya offense.

When he has finished pouring and the prescribed value is reached, he commits a Parajika offense.

If, while pouring the water, he becomes remorseful and, fearing that he will commit a grave offense, pours the water back into the vessel, he commits a Thullaccaya offense.

If he wishes to pull a boat away in order to steal the water, then, when he pulls the boat forward until its stern passes the former position of its bow, he commits a Parajika offense. Or if he pulls the boat backward until its bow passes the former position of its stern, or pulls it to the right until its left side passes the former position of its right side, or conversely, he immediately commits a Parajika offense.

If the boat is small and easily moved, and a bhikkhu, with the intention to steal, touches it, he commits a Vinaya offense.

If he causes it to move, he commits a Thullaccaya offense.

If he moves it from its original place and the prescribed value is reached, he commits a Parajika offense.

Suppose someone builds an embankment to prevent water from flowing into a field, and each night's use is worth one coin, or two, three, four, or five coins. If a bhikkhu, with the intention to steal for the sake of the Buddha, Dharma, or Sangha, damages that person's embankment, he commits a Vinaya offense.

If the water flows into his own field, he commits a Thullaccaya offense. If the prescribed value is reached, he commits a Parajika offense.

If a bhikkhu does not wish to damage the embankment directly but devises a means, dragging bricks or timber across it so that it breaks and the water flows out, then, while dragging them across, he commits a Vinaya offense.

If the water flows into the field, he commits a Thullaccaya offense.

If the prescribed value is reached, he commits a Parajika offense.

The same applies if he devises a means of driving cattle, goats, or camels across it so as to damage the embankment.

If a bhikkhu, out of jealousy, breaks an embankment and lets the water escape, he commits a Vinaya offense.

If a bhikkhu is traveling through the wilderness with merchants, and someone says, “Tomorrow we shall reach a place where there is water,” and at that time a merchant is carrying water, the bhikkhu, tormented by thirst, approaches and asks him for some but is refused. Becoming angry, he berates him, saying, “Wretched man! Why are you so miserly? You carry much water but dare not drink it yourself, nor give any to animals, nor give any to sramanas or brahmins. Before long you will have to discard it, so what further use is it?” The bhikkhu then breaks the man's water container. Because he acted with a malicious mind, he commits a Vinaya offense.

Suppose someone keeps a water cistern at home, and relatives or friends of a bhikkhu suffer a house fire. If the bhikkhu forms the intention to steal the water to extinguish the fire, then, if he touches the water, he commits a Vinaya offense.

If he causes that person's water cistern to move, he commits a (246a) Thullaccaya offense.

If he uses water of the prescribed value to douse the fire, he commits a Parajika offense.

If he thinks, “I shall fully replace the amount of water I use,” he does not commit an offense.

If that person's own house is on fire and the bhikkhu uses the person's water to extinguish it, he does not commit an offense. If, during a drought lasting ten or twenty years, a pond or well is guarded, and a bhikkhu forms the intention to steal and brings a container to take water, then, if he touches the water, he commits a Vinaya offense.

If he draws the water, he commits a Thullaccaya offense.

If he carries the water away from the pond and the prescribed value is reached, he commits a Parajika offense.

If a pond lies within a garden whose gate has been closed, and a bhikkhu, with the intention to steal, uses a tube from afar to draw up and drink the water, then, if the water flows continuously without interruption until the prescribed value is reached, he commits a Parajika offense.

If he drinks sip by sip, stopping between each one, he commits a separate Thullaccaya offense for every sip.

If water is at the bottom of a well and a bhikkhu forms the intention to steal it, then, when he draws the water, he commits a Vinaya offense.

When he has drawn the water and pours it into a container, he commits a Thullaccaya offense. When he carries the water away from the well and the prescribed value is reached, he commits a Parajika offense.

Suppose some non-Buddhists keep water in vessels, and when their house catches fire they become terrified. At that time a bhikkhu thinks, “Such wicked heretics are always jealous of the Buddha-Dharma and slander the sramanas, the sons of the Sakyan. Now calamity has befallen you.” He then approaches and uses a staff to smash their water vessels. Because he maliciously damaged another person's property, he commits a Vinaya offense.

There are renowned kinds of water: in Champa there is water from the Ganges River; at Rajagriha there is water from the hot springs; at Pataliputra there is the Thu Nu River; in Varanasi there is water from the Buddha's Journeying Pond; in the land of Sa Ky there is Huyen Chu water; at Sravasti there is Bo Da Le water; in Mathura there is Dieu Bo Na water; and in Sankasya there is Thach Mat water. Some nobles send people to fetch these kinds of water.

While those people are returning home, they stop to rest along the road. If a bhikkhu, tormented by thirst, forms the intention to steal and touches the water, he commits a Vinaya offense. If he pours that water into his own vessel, he commits a Thullaccaya offense.

If, when he finishes pouring, the prescribed value is reached, he commits a Parajika offense.

If, while pouring, he becomes remorseful and, fearing that he will commit a grave offense, pours the water back into the vessel, he commits a Thullaccaya offense.

Suppose nobles go to enjoy themselves in a flower garden, where they construct a pool and mix fragrant oil into the water. If a bhikkhu forms the intention to steal and takes some of that water, but the water itself has no monetary value, the degree of the offense is determined according to the current value of the fragrant oil mixed into it.

These are called the various kinds of water.

4—Objects in Water: These are things that grow in water, such as utpala, padma, kumuda, pundarika, sugandhika, lotus roots, and other things that grow in water. If a bhikkhu forms the intention to steal and touches any of these things growing in water, he commits a Vinaya offense.

If he causes them to move, he commits a Thullaccaya offense.

If he removes them from their original place and the prescribed value is reached, he commits a Parajika offense. (246b) If he takes only one flower but its value reaches the prescribed amount, he also commits a Parajika offense.

If the prescribed value is not reached, he commits a separate Thullaccaya offense for each flower.

However, if he plucks flowers and places them on the ground, he has not yet committed a Parajika offense. Or if a large bundle of flowers is so heavy that he cannot lift it, then even if he drags it some distance, he does not commit a Parajika offense. But once he lifts it off the ground, he commits a Parajika offense. The same applies to all things that grow in water.

Suppose nobles make various flowers of gold or silver, as well as boats fashioned in the forms of such birds as wild ducks, geese, and mandarin ducks, and place them in bathing pools or pleasure grounds. If a bhikkhu forms the intention to steal and touches those objects, he commits a Vinaya offense.

If he causes them to move, he commits a Thullaccaya offense.

If he removes them from their original place and the prescribed value is reached, he commits a Parajika offense.

Or suppose someone conceals beneath the water such objects as gold, silver, vaidurya, crystal, agate, coral, amber, pearls, red gems, and eight other kinds of precious objects. If a bhikkhu forms the intention to steal and touches those objects, he commits a Vinaya offense.

If he causes them to move, he commits a Thullaccaya offense.

If he removes them from their original place and the prescribed value is reached, he commits a Parajika offense.

These are called objects in water.

5—Boats: There are various kinds of boats, such as the Ti Cau La boat, the Cau Ha Tra boat, the Bat Cu Le boat, the Ti Thi Gia boat, horse-faced boats, elephant-faced boats, goat-faced boats, fish-faced boats, boats with one to seven decks, boats with partitions or without partitions, boats used to transport elephants, horses, goods, bricks and tiles, hides, or metals, and even rafts used to carry woven screens. If any such boat or raft is moored in one place and a bhikkhu, with the intention to steal, touches it, he commits a Vinaya offense.

If he causes it to move, he commits a Thullaccaya offense.

If he removes it from its original place, he commits a Parajika offense.

If he cuts the mooring rope but has not yet moved the boat from its original place, he commits a Thullaccaya offense. Or if he has moved it from its original place but has not yet cut the mooring rope, he likewise commits a Thullaccaya offense.

If he has cut the mooring rope and moved the boat from its original place, he commits a Parajika offense.

If he intends to steal the boat but not the goods, yet, fearing that others will discover him, takes the goods along with it, then even if he moves it from its original place, he has not yet committed a Parajika offense.

But if he leaves the goods behind and takes only the boat, then as soon as it is moved from its original place, he commits a Parajika offense.

If he intends to steal the goods but not the boat, yet, fearing that others will discover him, takes the boat along with them, he has not yet committed a Parajika offense.

But if he leaves the boat behind and carries away the goods, he commits a Parajika offense.

If he wishes to steal both the boat and the goods, then as soon as the boat is moved from its original place, he commits a Parajika offense.

If he wishes to cast goods to the bottom of the river in order to steal them, then when the goods sink out of sight, he commits a Parajika offense.

Suppose a man moors his boat by the riverbank and goes to sit and rest in a concealed place. A bhikkhu intends to steal the boat. At that time another person says to the boat owner: “A renunciant intends to steal your boat.” The boat owner asks: “What path does that renunciant follow?”

He replies: “He is a Sakyan ascetic.”

The boat owner says: “Do not worry. Sakyan ascetics do not take what has not been given.”

But by then the bhikkhu’s body has already touched the boat. The other person again says (246c) to the boat owner: “That bhikkhu has taken your boat.” The boat owner then becomes suspicious, thinking: Could that bhikkhu truly intend to steal my boat? He therefore asks: “Venerable sir, what do you intend to do?” The bhikkhu remains silent and does not answer, but immediately uses a pole to propel the boat away.

The boat owner pursues him, calling out: “Venerable sir! That boat belongs to the king, to a minister, to a brahmin, or to a wealthy householder. It is a boat dedicated to making merit, a boat for carrying people.” He also threatens the bhikkhu, saying: “You wicked man!

If you take my boat away, I shall punish you as you deserve.” Although that bhikkhu has propelled the boat far away, if the boat owner does not think that the boat has been lost and the bhikkhu does not think that he has obtained it, he has not yet committed a Parajika offense. Conversely, if the boat owner thinks that the boat has been lost and the bhikkhu thinks that he has obtained it, he commits a Parajika offense.

Suppose a boat owner moors his boat by the riverbank, and a visiting bhikkhu approaches and says to him: “Good elder, please carry me across.” The boat owner replies: “How can I carry you when there is only one passenger?” The bhikkhu says again: “Good elder, my mealtime has arrived; do not cause me to miss my meal. By carrying me now, you are giving me food and bestowing happiness upon me. Let you and me vow to assist each other in this life and in lives to come.” The boat owner again says: “You do not possess even a single coin, so how do you expect to assist anyone?

Your feet are like those of a hungry crow, never alighting in any fixed place; who, then, would help you?” The bhikkhu lowers his voice and earnestly implores him. The boat owner asks again: “I can ferry myself across. Venerable sir, since you are alone now, how am I to carry you?” The bhikkhu replies: “Good elder!

You need only hold the rudder; let me do the rowing.” The boat owner agrees and tells the bhikkhu to board. When they reach the middle of the river, the bhikkhu takes up an oar and strikes the boat owner, reviling him: “You wicked man, how dare you insult a Sakyan ascetic!” Having reviled him, he strikes the boat owner again, severely injuring his hands and feet, and then throws him into the water. He thereby commits a Thullaccaya offense.

If the boat owner dies and the bhikkhu had previously harbored the intention to kill him, he commits a Parajika offense.

If he had no prior intention to kill him, he commits a Thullaccaya offense. At that time, if the bhikkhu steals the man’s boat or steals his baggage, and its value reaches the prescribed amount, he commits a Parajika offense.

If its value does not reach the prescribed amount, he commits a Thullaccaya offense.

If, with malicious intent, the bhikkhu sinks the man’s boat, destroys it, or sets it adrift, then because he has damaged or caused the loss of another person’s property, he commits a Vinaya-transgression offense.

If someone, wishing to create merit, uses a boat to carry people, and a bhikkhu rows that boat across the river himself, he must moor it to the bank so that those who come afterward may also use it. If the bhikkhu steals the boat or their baggage and its value reaches the prescribed amount, he commits a Parajika offense.

If he sinks it in the water, damages it, or sets it adrift, he commits (247a) a Vinaya-transgression offense. If a bhikkhu rows a boat to the opposite bank, he must moor it to the bank in an open place so that those who come afterward may use it; he must not moor it in a concealed place.

This is called “Boat.”

6—Goods on a Boat: Goods on a boat include gold, silver, precious pearls, money, amber, vaidurya, pearls, coral, mother-of-pearl, red gems, karpasa cloth, all kinds of clothing, the five grains, and the eight kinds of goods, whether covered or uncovered. If a bhikkhu, giving rise to the intention to steal, touches any of these goods, he commits a Vinaya-transgression offense.

If he moves those goods, he commits a Thullaccaya offense.

If he removes them from their original place and their value reaches the prescribed amount, he commits a Parajika offense.

7—Vehicles: Passenger carriages, freight carts, three-wheeled carts, cycle rickshaws, and even the various toy vehicles with which children play—these are called vehicles.

If a bhikkhu steals a two-wheeled vehicle and pushes it forward until its rear passes beyond the place formerly occupied by its front, and its value reaches the prescribed amount, he commits a Parajika offense. Or if he pushes it backward until its front passes beyond the place formerly occupied by its rear, he commits a Parajika offense. Or if he pushes it sideways until the left wheel passes beyond the place formerly occupied by the right wheel, or the right wheel passes beyond the place formerly occupied by the left wheel, he likewise commits a Parajika offense.

Or if a bhikkhu breaks up that vehicle and then steals each piece of wood, and their value reaches the prescribed amount, he commits a Parajika offense. If their value does not reach the prescribed amount, he commits a Thullaccaya offense. Or, if it is a small vehicle that can be carried away, touching it constitutes a Vinaya-transgression offense.

Moving it constitutes a Thullaccaya offense. Removing it from its original place, if its value reaches the prescribed amount, constitutes a Parajika offense.

These are called the various kinds of vehicles.

8—Articles on a Vehicle: A lion skin used as a covering, a tiger skin, huangqin boluo (?), and other articles used as coverings, together with all articles used as cushions and all articles used to adorn the vehicle—these are called articles on a vehicle.

– All goods placed in a vehicle: These are gold, silver, vaidurya, mother-of-pearl, agate, precious pearls, pearls, coral, amber, red jewels, and so forth, as well as clothing, food and drink, and the eight kinds of goods. Whether they are covered or uncovered, if a bhikkhu, with the intention to steal, touches any of these goods, he commits a Vinaya-transgression offense. If he moves them, he commits a Thullaccaya offense. If he removes them from their original place and their value reaches the prescribed amount, he commits a Parajika offense.

These are called goods placed in a vehicle.

9—Four-Footed Animals: These are elephants, horses, camels, cattle, donkeys, mules, goats, and even rats, wolves, and so forth. If a bhikkhu wishes to steal an elephant and leads it away, then when it has lifted from one foot up to three feet, he commits a Thullaccaya offense. When it has lifted all four feet and moved from its original place, if its value reaches the prescribed amount, he commits a Parajika offense. The same applies to horses, camels, and all the way down to goats. If the animal is small enough to be carried away, touching it constitutes a Vinaya-transgression offense. Moving it constitutes a Thullaccaya offense. If it is removed from its original place and its value reaches the prescribed amount, he commits a Parajika offense. These are called four-footed animals.

10—Articles upon four-footed creatures: These are implements used to equip elephants, including implements used to equip mice, wolves, and eight other kinds of animals, whether concealed or unconcealed. If a bhikshu, with the intention to steal, touches such articles, he commits an offense of Transgressing the Vinaya; if he moves them, he commits a Sthulatyaya offense. (247b) If he removes them from their original place and their value reaches the prescribed amount, he commits a Parajika offense. These are called articles upon four-footed creatures.

11—Two-footed creatures: These are human beings, birds, and so forth. If a bhikshu abducts a person under another's authority, entices that person to follow him, or coerces that person with knives or clubs, then when the person raises one foot, he commits a Sthulatyaya offense. If the person raises both feet, he commits a Parajika offense. If the person is small enough to be carried on the back or borne away, then if he touches that person, he commits an offense of Transgressing the Vinaya; if he moves that person, he commits a Sthulatyaya offense; if he removes that person from the original place and the value reaches the prescribed amount, he commits a Parajika offense. The same applies to birds. These are called two-footed creatures.

12—Articles upon two-footed creatures: These are women's ornaments, men's ornaments, and even ornaments placed upon parrots.

– Women's ornaments: These are hairpins, bracelets, garments, and so forth.

– Men's ornaments: Such as garments, jeweled crowns, necklaces, and so forth.

Even ornaments placed upon parrots, such as gold, jewels, and bells fastened around their necks or legs, as well as eight other kinds of articles, whether concealed or unconcealed. If a bhikshu, with the intention to steal, touches these articles upon two-footed creatures, he commits an offense of Transgressing the Vinaya. If he moves them, he commits a Sthulatyaya offense. If he removes them from their original place and their value reaches the prescribed amount, he commits a Parajika offense.

These are called articles upon two-footed creatures.

13—Footless creatures: These are snakes and pythons, whether they feed on flowers, fruit, or flesh, or subsist solely by breathing air, and snakes confined in jars or cages.

There was a bhikshu who had formerly been a snake keeper and later entered the monastic life. He wished to steal another person's snake, but fearing that its owner would discover him, he carried away the entire cage; he had not yet committed a Parajika offense. But if he takes the snake and leaves the cage behind, and its value reaches the prescribed amount, he commits a Parajika offense.

If, however, he intends only to steal the cage and not the snake, but, fearing that the owner will discover him, takes the snake as well, he has not yet committed a Parajika offense. If he releases the snake and takes the cage, and its value reaches the prescribed amount, he commits a Parajika offense. If he intends to steal both the cage and the snake, then when he carries them away from their original place, if their value reaches the prescribed amount, he commits a Parajika offense.

If he steals a snake from a jar while the snake's tail has not yet emerged from the mouth of the jar, he has not yet committed a Parajika offense. If both its head and tail have emerged from the jar, and its value reaches the prescribed amount, he commits a Parajika offense.

If, out of anger, he rebukes and scolds the person, saying, “Evil man, why do you use a cage to confine a living being!” and then opens the cage to let the snake crawl out, he commits an offense of Transgressing the Vinaya.

If a bhikshu, with the intention to steal, touches a footless creature, he commits an offense of Transgressing the Vinaya.

If he moves it, he commits a Sthulatyaya offense.

If he removes it from its original place and its value reaches the prescribed amount, he commits a Parajika offense.

These are called footless creatures.

14—Articles upon footless creatures: These are gold, silver, pearls, mother-of-pearl, amber, coral, precious pearls, vaidurya, red gems, and up to eight kinds of articles, whether concealed or unconcealed, which people dare not take because they fear the footless creature upon which they rest. If a bhikshu, with the intention to steal, touches such articles upon a footless creature, he commits an offense of Transgressing the Vinaya.

If he moves those articles, he commits a Sthulatyaya offense.

If he removes them from their original place and their value reaches the prescribed amount (247c), he commits a Parajika offense.

These are called articles upon footless creatures.

15—Objects in the air: These are amra trees, champaka trees, jambu trees, Da-tu trees, Chỉ-ba-la trees, naga-flower trees, auspicious trees, fruit trees, and all trees bearing flowers or fruit. If a bhikshu, with the intention to steal, takes any such tree, then if he takes one tree whose value reaches the prescribed amount, he commits a Parajika offense.

If its value does not reach the prescribed amount, the offense is determined according to the circumstances; for example, if he uproots saplings, he commits a Sthulatyaya offense.

If he uproots a sapling and leaves it in one place, he has not yet committed a Parajika offense.

If he carries it away from that plot of land and its value reaches the prescribed amount, he commits a Parajika offense.

If the tree is heavy and he drags it a great distance but it has not yet left the plot of land, he has not yet committed a Parajika offense.

If he takes it beyond the plot of land, he commits a Parajika offense.

If a bhikshu, with the intention to steal, touches an object in the air, he commits an offense of Transgressing the Vinaya.

If he causes it to move, he commits a Sthulatyaya offense.

If he removes it from its original place and its value reaches the prescribed amount, he commits a Parajika offense.

These are called objects in the air.

16—Objects upon things in the air: These are amra fruits (mangoes), up to auspicious fruits. If a bhikshu, with the intention to steal, takes such fruit to eat, and if the value of one fruit reaches the prescribed amount, he commits a Parajika offense.

If it does not reach that amount, he commits one Sthulatyaya offense for each bite.

If a bhikshu touches the tree and a fruit falls to the ground, he has not yet committed a Parajika offense.

If he picks up the fruit and carries it away, and its value reaches the prescribed amount, he commits a Parajika offense.

If two persons go to steal fruit, one climbs the tree, picks the fruit, and throws it down, while the other on the ground gathers it, they have not yet committed a Parajika offense.

If the person in the tree descends to the ground and carries the fruit away, and its value reaches the prescribed amount, he commits a Parajika offense. The same applies to stealing every other kind of fruit.

At places such as the Buddha's birthplace, the place where he attained awakening, the place where he turned the Dharma wheel, the place where the Venerable Ananda held a great assembly, where Rahula held a great assembly, or where a Pancavarsika assembly was held, rows of trees may be planted and adorned with various jewels and eight kinds of articles, whether concealed or unconcealed. If a bhikshu, with the intention to steal, touches those precious articles, he commits an offense of Transgressing the Vinaya.

If he causes them to move, he commits a Sthulatyaya offense.

If he removes them from their original place and their value reaches the prescribed amount, he commits a Parajika offense.

These are called objects upon things in the air.

With regard to the sixteen kinds of objects enumerated above, if a bhikshu, with the intention to steal, touches any of them, he commits an offense of Transgressing the Vinaya.

If he causes it to move, he commits a Sthulatyaya offense.

If he removes it from its original place and its value reaches the prescribed amount, he commits a Parajika offense.

– There are also thirteen distinct cases. They are:

1—Distinctions concerning objects.

2—Distinctions concerning places.

3—Distinctions concerning what is indeterminate.

4—Distinctions concerning walls.

5—Distinctions concerning cages.

6—Distinctions concerning entrusted articles.

7—Miscellaneous distinctions.

8—Distinctions concerning directions.

9—Distinctions concerning marks.

10—Distinctions concerning stakes.

11—Distinctions concerning gardens.

12—Distinctions concerning theft.

13—Distinctions concerning taxes.

1—Distinctions concerning objects: Objects are of eight kinds:

a—Medicine (248a) for use at the proper time.

b—Medicine for use at night.

c—Medicine for use within seven days.

d—Medicine for lifelong use.

đ—Personal requisites.

e—Heavy articles.

g—Impure articles.

h—Articles that are both pure and impure.

These are called distinctions concerning objects.

If a bhikshu, with the intention to steal, touches such articles, he commits an offense of Transgressing the Vinaya.

If he moves them, he commits a Sthulatyaya offense.

If he removes them from their original place and their value reaches the prescribed amount, he commits a Parajika offense.

2- Distinctions of location: These are land and things on land, water and things in water, boats and things on boats, carts and things on carts, four-footed creatures and objects on four-footed creatures, two-footed creatures and objects on two-footed creatures, footless creatures and objects on footless creatures, the air and things in the air.

These are called distinctions of location.

If a bhikshu, with the intention to steal, touches any of these things, he commits a Vinaya transgression.

If he moves them, he commits a Thullaccaya offense.

If he removes them from their original place and their value reaches the prescribed amount, he commits a Parajika offense.

3- Indeterminate distinctions: In some cases, one knowingly tells a lie and commits a Pacittiya offense. In some cases, one unknowingly tells a lie and commits a Pacittiya offense. Or one knowingly tells a lie and commits a Parajika offense. Or one knowingly tells a lie and commits a Sanghadisesa offense. Or one knowingly tells a lie and commits a Thullaccaya offense. Or one knowingly tells a lie and commits a Vinaya transgression.

– Knowingly telling a lie and thereby committing a Parajika offense: If a bhikshu has not truly attained a superhuman state but says, "I have attained arhatship," this is knowingly telling a lie; he does not commit a Pacittiya offense but a Parajika offense.

– Knowingly telling a lie and thereby committing a Sanghadisesa offense: If a bhikshu groundlessly accuses another bhikshu of having committed a Parajika offense, this is knowingly telling a lie; he does not commit a Pacittiya offense but a Sanghadisesa offense.

– Knowingly telling a lie and thereby committing a Thullaccaya offense: If a bhikshu says, "I am an arhat," this is knowingly telling a lie; therefore, he does not commit a Pacittiya offense but a Thullaccaya offense.

– Knowingly telling a lie and thereby committing a Vinaya transgression: If a bhikshu says of himself, "Am I perhaps an arhat?" this is knowingly telling a lie; he does not commit a Pacittiya offense but a Vinaya transgression.

– Knowingly telling a lie and thereby committing a Pacittiya offense: Apart from the matters stated above, all other false statements constitute knowingly telling a lie and incur a Pacittiya offense.

There are also the following cases: damaging plants may constitute a Parajika offense. In some cases, damaging plants constitutes a Thullaccaya offense. In some cases, damaging plants constitutes a Pacittiya offense.

– A case in which damaging plants constitutes a Parajika offense: If trees, flowers, or fruit are guarded by an owner, and a bhikshu, intending to steal them, plans to take them and damages them, then if their value reaches the prescribed amount, he does not commit a Pacittiya offense but a Parajika offense.

– Damaging plants and thereby committing a Thullaccaya offense: If trees, flowers, or fruit are guarded by an owner, and a bhikshu, with the intention to steal, takes them, but their value does not reach the prescribed amount, he does not commit a Pacittiya offense but a Thullaccaya offense.

– Damaging plants and thereby committing a Pacittiya offense: Damaging (248b) any plant whatsoever incurs a Pacittiya offense.

In some cases, eating at an improper time constitutes a Parajika offense. In some cases, eating at an improper time constitutes a Thullaccaya offense. In some cases, eating at an improper time constitutes a Pacittiya offense.

– Eating at an improper time and thereby committing a Parajika offense: If a bhikshu, with the intention to steal, takes another person's food and eats it at an improper time, then if its value reaches the prescribed amount, he does not commit a Pacittiya offense but a Parajika offense.

– Eating at an improper time and thereby committing a Thullaccaya offense: If a bhikshu, with the intention to steal, takes another person's food and eats it at an improper time, but its value does not reach the prescribed amount, he does not commit a Pacittiya offense but a Thullaccaya offense.

– Eating at an improper time and thereby committing a Pacittiya offense: If a bhikshu lawfully receives food but eats it at an improper time, he commits a Pacittiya offense.

Drinking alcohol does not incur only a Pacittiya offense; in some cases, drinking alcohol constitutes a Parajika offense. In some cases, drinking alcohol constitutes a Thullaccaya offense. In some cases, drinking alcohol constitutes a Pacittiya offense.

– A case in which drinking alcohol constitutes a Parajika offense: If a bhikshu, with the intention to steal, takes and drinks another person's alcohol, and its value reaches the prescribed amount, he commits a Parajika offense.

– A case in which drinking alcohol constitutes a Thullaccaya offense: If a bhikshu, with the intention to steal, takes and drinks another person's alcohol, but its value does not reach the prescribed amount, he commits a Thullaccaya offense.

– A case in which drinking alcohol constitutes a Pacittiya offense: If a bhikshu lawfully receives alcohol and drinks it, he commits a Pacittiya offense.

If a bhikshu, with the intention to steal, touches any object included among these indeterminate distinctions, he commits a Vinaya transgression.

If he moves it, he commits a Thullaccaya offense.

If he removes it from its original place and its value reaches the prescribed amount, he commits a Parajika offense.

These are called objects of indeterminate distinction.

4- Distinctions of walls and enclosures: Elephant pens, horse stables, camel pens, donkey pens, cattle pens, goat pens, vegetable gardens, mustard-green gardens, melon gardens, sugarcane gardens, and so forth. If a bhikshu, with the intention to steal, seizes another person's elephant, and the elephant lifts one foot, then two, three, and all four feet, and proceeds as far as the gate of the pen, but its body has not yet passed through the gate, the bhikshu commits a Thullaccaya offense.

When its body passes through the gate, he commits a Parajika offense. The same applies to all the other animals mentioned above. If a bhikshu, with the intention to steal, seizes another person's goat, and the frightened goat runs away, whereupon he becomes angry and beats it to death, he commits a Pacittiya offense.

If the bhikshu cuts up its flesh and throws it outside the enclosure, he has not yet committed a Parajika offense. But when he himself leaves the enclosure and carries the flesh away from that area, if its value reaches the prescribed amount, he commits a Parajika offense.

Or if he returns inside the pen and eats enough meat to reach the prescribed amount, he commits a Parajika offense.

If two bhikshus go to steal a goat, one remaining outside the enclosure and the other inside it, and the one inside cuts up the flesh and throws it outside the enclosure, they have not yet committed a Parajika offense.

If that bhikshu goes outside and carries the flesh away from that area, and its value reaches the prescribed amount, he commits a Parajika offense.

If a bhikshu, with the intention to steal, goes to uproot mustard greens, and a single plant is worth the prescribed amount, he commits a Parajika offense upon uprooting it. If its value does not reach that amount, he commits a separate Thullaccaya offense for each plant he uproots.

If he uproots them and piles them together, he has not yet committed a Parajika offense; but when he carries them out of the garden, he commits a Parajika offense.

If he uproots large plants that cannot be carried away, then even if he drags them some distance, he has not yet committed a Parajika offense.

If they have been separated from the plot of earth and their value reaches the prescribed amount, he commits a Parajika offense. The same applies to all vegetables, including melons.

If a bhikshu, with the intention to steal, cuts another person's sugarcane and eats it at the proper time, (248c) then even if it is only one stalk, if its value reaches the prescribed amount, he commits a Parajika offense.

If its value does not reach the prescribed amount, he commits a separate Thullaccaya offense for each stalk.

If he cuts it and throws it outside the enclosure, he has not committed a Parajika offense but commits a Pacittiya offense.

If he leaves the garden and carries it away, and its value reaches the prescribed amount, he commits a Parajika offense.

If a bhikshu, with the intention to steal, deceitfully ties sugarcane beneath his heel and drags it away, then even if he travels some distance, he has not yet committed a Parajika offense.

If it leaves the plot of land and its value reaches the prescribed amount, he commits a Parajika offense.

If a bhikshu inside the garden cuts sugarcane and throws it to a bhikshu outside the garden, he has not yet committed a Parajika offense.

If the former then goes out, shoulders the sugarcane, and carries it away from the garden, and its value reaches the prescribed amount, he commits a Parajika offense.

If, while carrying the sugarcane away, the bhikshu is still touching the sugarcane plants and leaves and has not yet left the garden, he has not yet committed a Parajika offense.

After he has left the garden, he commits a Parajika offense.

In summary, if a bhikshu, with the intention to steal, touches any of the objects mentioned above, he commits a Vinaya transgression.

If he moves them, he commits a Thullaccaya offense.

If he removes them from their original place and their value reaches the prescribed amount, he commits a Parajika offense.

5- Distinctions of cages: These include birds such as parrots and so forth, and beasts such as lions and so forth...

If a bhikshu gives rise to the intention to steal and, when taking something, intends to steal only the bird and not the cage, but, fearing discovery, carries away the cage together with it, he has not yet committed a Parajika offense.

If he leaves the cage behind and takes the bird away, and its value reaches the prescribed amount, he commits a Parajika offense. If he intends to steal the cage but not the bird, yet, fearing that people will notice, carries the bird away together with it, he has not yet committed a Parajika offense.

If he releases the bird and carries away the cage, and its value reaches the prescribed amount, he commits a Parajika offense.

If he intends to steal both the cage and the bird, then, when he carries them away from their original place, if their value reaches the prescribed amount, he commits a Parajika offense.

If a bhikshu gives rise to the intention to steal and his hand is still grasping the bird inside the cage, he commits a Vinaya-transgression offense.

When one of the bird's feet has emerged from the cage, he commits a Sthulatyaya offense.

When both feet have emerged from the cage, but the wings and tail have not yet passed beyond the cage opening, he has not yet committed a Parajika offense.

When the bird has completely left the cage, if its value reaches the prescribed amount, he commits a Parajika offense.

If a bhikshu steals a lion while his hand is still inside the enclosure, he commits a Vinaya-transgression offense.

If he pulls one of the lion's legs out, he commits a Sthulatyaya offense.

But when all four legs have emerged from the enclosure while the tail has not yet emerged, he has not yet committed a Parajika offense.

If the lion has completely emerged, he commits a Parajika offense. The same applies to all other kinds of animals.

In summary, if a bhikshu gives rise to the intention to steal and touches any of the various things inside a cage in the ways described above, he commits a Vinaya-transgression offense.

If he moves them, he commits a Sthulatyaya offense.

If he removes them from their original place and their value reaches the prescribed amount, he commits a Parajika offense.

6—Distinctions concerning entrusted property: Suppose a preceptor, teacher, disciple, or friend entrusts someone with an object for safekeeping, such as a bowl, robe, or some other article. If the recipient thinks, "The person who entrusted it to me has gone far away, and no one knows what object was entrusted; therefore, I should use this object," and then gives rise to the intention to steal and takes it—moving it from the ground onto his knees, from his knees back to the ground, from his left shoulder to his right shoulder, or even from his head to his shoulder—with each such movement, if its value reaches the prescribed amount, he commits a Parajika offense.

If a bhikshu, after accepting something for safekeeping, crosses a river, wades through a pond, passes through swirling water, or encounters rain and, fearing that the object will get wet, opens the bundle to inspect it, and upon seeing that the robe is beautiful thinks, "The person who entrusted it to me has gone far away, and no one present knows about it; I should use this object," then gives rise to the intention to steal and takes it—moving it from the ground onto his knees, from his knees back to the ground, from his left shoulder to his right shoulder, or from his shoulder onto his head—with each such movement, if its value reaches the prescribed amount, he commits a Parajika offense. (249a)

While traveling along the road, the bhikshu who has accepted the entrusted property sees another bhikshu coming from the former residence and asks him, "Venerable, where have you come from?"

He replies, "I have come from such-and-such a place."

He asks, "Do you know that bhikshu?"

He replies, "I do."

He then asks, "Is that bhikshu well?"

He replies, "He has died," or, "He has entered nirvana."

In that case, the robes and requisites should belong to the Sangha presently assembled. But if the bhikshu holding the entrusted property knows the Dharma yet acts deceitfully, he thinks, "Why should I divide it with this bhikshu?" He therefore remains silent, leaves that bhikshu, and goes to a secluded place beyond hearing. He then says, "Such-and-such a bhikshu has passed away and entered nirvana. His robes, bowl, and other requisites should be distributed among the Sangha presently assembled, but no Sangha is presently assembled, so I should take them." Because this bhikshu deceitfully appropriates these articles exclusively for himself, he commits a Vinaya-transgression offense.

Or suppose the bhikshu holding the entrusted property is about to cross a river by boat when another bhikshu comes over from the opposite bank. He asks him, "Where have you come from?"

He replies, "I have come from that place."

He further asks, "Do you know that bhikshu?"

He replies, "I do."

He further asks, "Is that bhikshu well?"

He replies, "He has died and entered nirvana."

At that time, the robes and requisites of the deceased bhikshu should belong to the Sangha presently assembled. But if this bhikshu knows the Dharma yet acts deceitfully and performs a karman to appropriate the robes and other articles exclusively for himself, he commits a Vinaya-transgression offense.

Or suppose the bhikshu holding the entrusted property is traveling by boat and, upon reaching the middle of the river, encounters another bhikshu coming from the opposite side. He asks him, "Venerable, where have you come from?" And so forth, up to the point where, with deceitful intent, he performs a karman; he then commits a Vinaya-transgression offense.

Or suppose the bhikshu holding the entrusted property reaches the opposite bank, disembarks, and immediately encounters another bhikshu who is about to board the boat. And so forth, up to the point where, with deceitful intent, he performs a karman; he then commits a Vinaya-transgression offense.

Or suppose the bhikshu holding the entrusted property has climbed up from the riverbank when he encounters another bhikshu coming from the opposite side. He asks, "Venerable, where have you come from?" The other replies, "I have come from that place." And so forth, up to the point where, with deceitful intent, he performs the karman procedure; he then commits a Vinaya-transgression offense.

That bhikshu might think, "At present I see many people bearing the same name. How, then, can I reach that place?" After arriving there, he asks whether that bhikshu is well and learns that he has either died or entered nirvana. At that time, the robes and other articles naturally belong to the Sangha presently assembled.

Although this bhikshu knows the Dharma, he deceitfully thinks, "Why should those robes be divided among many people?" He privately summons a bhikshu whom he knows outside the boundary of the assembly ground and tells him, "Such-and-such a bhikshu has passed away and entered nirvana. His robes, bowl, and miscellaneous articles should be distributed among the Sangha presently assembled. Since the two of us are now the persons present, we should take them." Such an act of receiving them constitutes a deceitful karman; therefore, he commits a Vinaya-transgression offense. (249b)

If this bhikshu thinks, "Previously, he instructed me to offer this robe to the stupa or to the Sangha, but now he has died and entered nirvana," and then carries the object back to its original place—the deceased bhikshu's residence—he commits no offense. This is called the distinctions concerning entrusted property.

In summary, if a bhikshu gives rise to the intention to steal and touches entrusted property, he commits a Vinaya-transgression offense. If he proceeds as far as removing it from its original place and its value reaches the prescribed amount, he commits a Parajika offense.

7—Distinctions concerning miscellaneous property: For example, a herdsman tends various kinds of livestock, such as elephants, horses, cattle, camels, donkeys, goats, and so forth.

– Elephants: There are many kinds of elephants, including those that are excellent, well-trained, handsome, strong, and swift-running.

If a bhikshu gives rise to the intention to steal, takes an elephant, mounts it, and urges it toward a particular direction, such as east, but the elephant goes mad and runs south, west, or north, he has not yet committed a Parajika offense. Or if he intends to lead the elephant south, but it goes mad and runs west, north, or east, he has not yet committed a Parajika offense. The same applies if he intends to take it west or north.

But if he intends to steal the elephant by leading it east and the elephant goes east, he commits a Parajika offense. The same applies to the south, west, and north.

If he did not initially determine a direction and allows it to go wherever it will, he commits a Parajika offense when the elephant has lifted all four feet.

– Horses: There are many kinds of horses, including those that are well-trained, beautiful in color, and swift-running.

If a bhikshu gives rise to the intention to steal, takes such a horse, mounts it, and urges it eastward, but the horse goes mad and runs south, west, or north, he has not yet committed a Parajika offense.

Likewise, the same applies to the south, west, and north, according to whichever direction the horse travels, as explained above. If he did not determine a direction and allows it to go wherever it will, he commits a Parajika offense when the horse has lifted all four feet.

If a bhikshu steals a fine horse and rides away, and the horse's owner learns of it, mounts another horse, and gives chase, but the owner does not yet consider his horse lost and the bhikshu does not think that he has gained possession of it, the bhikshu has not yet committed a Parajika offense.

If the horse’s owner thinks that he has lost the horse and the bhikshu thinks that he has obtained it, the bhikshu commits a Pārājika offense.

If a bhikshu, with the intention to steal, uses bait or grass to lure another person’s horse away to a place where it can no longer be seen or heard, he commits a Pārājika offense.

– Cattle: There are many kinds of cattle. Some are well-trained, with smooth coats and beautiful coloring, and can run swiftly.

If a bhikshu, with the intention to steal, takes a whip and drives another person’s cow eastward, what constitutes an offense and what does not are as stated in the case of an elephant. Thus, if the owner discovers this and gives chase, but does not think that he has lost the cow, and the bhikshu likewise does not think that he has obtained it, the bhikshu has not yet committed a Pārājika offense.

But if the cow’s owner thinks that he has lost it and the bhikshu thinks that he has obtained it, (249c) the bhikshu commits a Pārājika offense.

If, with the intention to steal, he uses bait or grass to lure away another person’s cow, or ties it with a long rope and leads it to a place where no one can see it, he commits a Pārājika offense. The same applies to stealing camels, donkeys, and goats.

This is called the classification concerning miscellaneous objects.

In summary, if a bhikshu, with the intention to steal, touches any of the objects described above, he commits a Vinaya-transgression offense. If he removes it from its original place and its value reaches the prescribed amount, he commits a Pārājika offense.

8- Classification concerning banners and streamers: At places where the Buddha was born, attained enlightenment, or turned the Dharma wheel; where Ānanda held a great assembly; where Rāhula held a great assembly; or where a Pañcavārṣika assembly was held, various decorations may be displayed, such as banners, canopies, and all kinds of precious ornaments. If a bhikshu, with the intention to steal a banner or streamer, unties one end of its cord, he has not yet committed a Pārājika offense.

When he has untied both ends and its value reaches the prescribed amount, he commits a Pārājika offense.

If a bhikshu, with the intention to steal, falsely says that he is going to hang the banners and streamers elsewhere, he has not yet committed a Pārājika offense.

When he takes them and carries them away, if their value reaches the prescribed amount, he commits a Pārājika offense.

If a bhikshu steals a garland and has untied only one end, he has not yet committed a Pārājika offense.

When he has untied both ends, if its value reaches the prescribed amount, he commits a Pārājika offense.

If two bhikshus go together to steal a banner or streamer in a dark place where they cannot see each other, and each unties one end and rolls it up until they meet in the middle, one then asks, “Who are you?” If, upon hearing the question, the other becomes frightened, abandons the banner or streamer, and runs away, he commits a Sthūlātyaya offense.

If the two bhikshus encounter and question each other, and each says that he is stealing the banner or streamer, after which they take it away, then, if its value reaches the prescribed amount, they commit a Pārājika offense.

If many multicolored flags are fastened to a single heavy cord, and each bhikshu unties one end so that it falls to the ground, but because it is too heavy to carry they drag it away, then even though it is far from its original place, they have not yet committed a Pārājika offense.

When they lift it from the ground, both commit a Pārājika offense.

If one bhikshu thinks, “These are ornaments of the stupa, and if I take them away, I will incur a grave offense. I need only one with two colors,” and then takes that one, if its value reaches the prescribed amount, he commits a Pārājika offense.

If he thinks, “I need only half of one color,” and takes that portion, then if its value does not reach the prescribed amount, he commits a Sthūlātyaya offense. If its value reaches the prescribed amount, he commits a Pārājika offense.

If two bhikshus steal flags in a dark place, neither knowing of the other, and each unties one end and rolls it up until they meet in the middle, they then ask, “Who are you?” If they become frightened, abandon the flags, and run away, they commit a Sthūlātyaya offense.

Early the next morning, another bhikshu circumambulates the stupa and sees those flags lying on the ground. If he forms the intention to steal and takes them away, and their value reaches the prescribed amount, he commits a Pārājika offense.

Some people adorn the Bodhi tree as an offering with the seven precious substances, such as gold, silver, pearls, floral flags with golden cords, gold thread, golden hooks, and hanging bells, their golden radiance illuminating the entire mountain. If a bhikshu, with the intention to steal, takes any of these objects, and their value reaches the prescribed amount, he commits a Pārājika offense.

Furthermore, the stupas of non-Buddhist sectarians may also have offerings of various brilliant silks. If a bhikshu takes them with the intention to steal, and their value reaches the prescribed amount, he commits a Pārājika offense.

If the wind blows such objects down to the ground and a bhikshu knows that they are offerings belonging to the stupa, (250a) he must not take them. If the wind has blown them far away and they are soiled with dust, and he takes them believing them to be refuse-rags that have been discarded, there is no offense. Or, if there are robes and other articles in a temple dedicated to a deity, and a bhikshu takes them with the intention to steal, then, if their value reaches the prescribed amount, he commits a Pārājika offense.

If such objects have been blown far away by the wind and soiled with dust, and he takes them believing them to have been discarded, there is no offense.

This is called the classification concerning banners and streamers.

In summary, if a bhikshu, with the intention to steal, touches any of these various banners and streamers, he commits a Vinaya-transgression offense.

If he moves them, he commits a Sthūlātyaya offense.

If he removes them from their original place and their value reaches the prescribed amount, he commits a Pārājika offense.

9- Classification concerning identifying characteristics: Suppose the household of an elder has left garments and jeweled necklaces lying about without putting them away. At that time, a bhikshu brings a novice to the house, sees those things, forms the intention to steal, places the garments and other articles inside a bag, and tells the novice to carry it away. The bhikshu commits a Vinaya-transgression offense.

When the novice carries them beyond the boundary of the house, the bhikshu commits a Sthūlātyaya offense.

If the bhikshu thinks that he has obtained them, he commits a Pārājika offense.

If the owner notices at that moment and asks the bhikshu, “Venerable sir, what are you doing?”

He replies, “Householder, I was merely touching them to examine them.” He then commits a Vinaya-transgression offense.

If the bhikshu tells a layperson to carry them away, he likewise commits the offenses described above. The same applies in the case of leading away a long-haired goat.

If a bhikshu enters an elder’s house and a kid, seeing the color of the bhikshu’s robe and mistaking him for its mother, runs toward him, the bhikshu must drive it back. If instead he uses bait or grass to entice it to follow him, he commits a Vinaya-transgression offense.

If he leads it away but has not yet crossed the boundary, he commits a Sthūlātyaya offense.

When he crosses the boundary, he commits a Pārājika offense.

If, while receiving a meal, a bhikshu forms the intention to steal, puts a bowl and spoon into his own alms bowl, and then tells his disciple to carry it away, he commits a Vinaya-transgression offense.

When the disciple crosses the boundary, the bhikshu commits a Sthūlātyaya offense.

If he thinks that he has obtained the objects, he commits a Pārājika offense. If the disciple bhikshu discovers this and asks, “Venerable sir, what are you doing?”

He replies, “I was only joking.” He then commits a Vinaya-transgression offense.

If a bhikshu is traveling with a caravan of merchants, and on the road they encounter another caravan coming from the opposite direction, and the two caravans stop together at one place, then at midnight the bhikshu may form the intention to steal and exchange the carts of one caravan for those of the other, exchange the men of one caravan for the men of the other, exchange the women of one caravan for the women of the other, and exchange the children of one caravan for the children of the other, intending that the two caravans should carry them away intermingled. When he does this, he commits a Vinaya-transgression offense. When they pass beyond the boundary of the temporary encampment, he commits a Sthūlātyaya offense.

If he thinks that he has obtained them, he commits a Pārājika offense.

This is called the classification concerning the identifying characteristics and outward forms of objects.

In summary, if a bhikshu, with the intention to steal, touches objects distinguished by their identifying characteristics, he commits a Vinaya-transgression offense.

If he moves them, he commits a Sthūlātyaya offense.

If he removes them from their original place and their value reaches the prescribed amount, he commits a Pārājika offense.

10—Distinctions Concerning Posts: At such places as the Buddha’s birthplace (250b), the place where the Buddha attained enlightenment, the place where he turned the Dharma wheel, the place where Ananda convened the great assembly, the place where Rahula convened the great assembly, and the place where the Pañcavārṣika great assembly was held, the monasteries were beautifully adorned, multicolored banners and canopies were hung from posts here and there, and various precious objects were hung from the posts, and so forth.

If a bhikkhu gives rise to the intention to steal and intends to take the precious objects from those posts, and reaches out and takes a precious object but has not yet detached it from the cord binding it to the post, he has not yet committed a Pārājika offense. But when it is separated from the post, he commits a Pārājika offense.

If the cord is firm and, when he takes the precious object, the cord comes away from the post, he commits a Pārājika offense.

If he intends to steal the post itself, then upon touching it with his hand, he commits a Vinaya transgression.

If he causes the post to move, he commits a Sthūlātyaya offense.

If he moves it from its original place and its value reaches the prescribed amount, he commits a Pārājika offense.

If vessels of milk, vessels of oil, vessels of honey, bowls, or silk are hung from a post, and a bhikkhu gives rise to the intention to steal and takes a vessel of milk, then when he lifts it with his hand, because the cord is soft and the post is straight, even though he lifts it, he has not yet committed a Pārājika offense. When the whole vessel is separated from the post, he commits a Pārājika offense.

If the cord is firm and the post is bent, even though he lifts it, he has not yet committed a Pārājika offense.

When it is entirely separated from the post and its value reaches the prescribed amount, he commits a Pārājika offense. If the cord is firm and the post is straight, then as soon as he lifts it, he commits a Pārājika offense.

If he bores a hole in the vessel, he commits a Vinaya transgression.

When he pours from that vessel into his own vessel, he commits a Sthūlātyaya offense.

When he stops pouring and the amount taken reaches the prescribed value, he commits a Pārājika offense.

If, while pouring, he suddenly feels remorse and, fearing that he will commit a grave offense, pours it back into the vessel, he commits a Sthūlātyaya offense.

The same applies to the vessels of oil and honey.

If a bhikkhu intends to steal a bowl, then when he lifts it with his hand, because the cord is soft and the post is straight, even though he lifts it, he has not yet committed a Pārājika offense.

When the bowl is separated from the post, he commits a Pārājika offense.

If the cord is firm and the post is bent, even though he lifts it, he has not yet committed a Pārājika offense.

When it is separated from the post, he commits a Pārājika offense.

If the cord is soft and the post is bent, even though he lifts and holds it, he has not yet committed a Pārājika offense.

When it is separated from the post, he commits a Pārājika offense.

If the cord is firm and the post is straight, he commits a Pārājika offense as soon as he lifts it.

If he steals silk, the case is likewise as described above. Furthermore, when stealing silk, if he thinks, “I need a little silk,” and then climbs the post and rolls up the silk, he has not committed a Pārājika offense while he has not yet finished rolling it up.

When he has cut off the silk and its value reaches the prescribed amount, he commits a Pārājika offense.

If, while rolling up the silk, the bhikkhu has not yet finished and then feels remorse and, fearing that he will commit a grave offense, returns it to its original place, he commits a Sthūlātyaya offense.

This is called distinctions concerning posts.

In summary, if a bhikkhu gives rise to the intention to steal and touches any of the various posts, he commits a Vinaya transgression.

If he causes them to move, he commits a Sthūlātyaya offense.

If he moves them from their original place and their value reaches the prescribed amount, he commits a Pārājika offense.

11—Distinctions Concerning Gardens: At that time, there was an extremely wealthy householder whose home was regularly visited by a bhikkhu named (250c) Kuru. The members of the household—parents and brothers—had always lived together in one house. But after the parents died, discord arose in the household.

The younger brother wanted to divide the inheritance, while the elder brother would not agree, wishing them to continue living together in familial affection. The younger brother repeatedly demanded that the inheritance be divided, and the elder brother was reluctantly compelled to agree. They then discussed the matter, saying, “Who is capable of dividing it?” They agreed that only Venerable Kuru could do so, because while their parents were alive, they had made generous offerings to him, and he knew very well everything the household possessed or lacked.

At that time, the deceitful younger brother went to Kuru, paid homage, and said, “Venerable sir, you were esteemed by my parents and revered by my brother and me, and you know well everything our household possesses or lacks. While our parents were alive, we brothers lived together. Now that our parents have passed away, discord has arisen in the household, and we wish to divide the inheritance.

I have therefore come to speak with you. After I establish a separate household, I shall make offerings to you and sustain myself with whatever remains after those offerings. When the inheritance is divided, I ask that you allot the better share to me.” If a bhikkhu agrees to that person’s request, he commits a Vinaya transgression.

When he sets aside the better property, he commits a Sthūlātyaya offense.

When he has completed the division of the property, he commits a Pārājika offense.

As he was about to divide the property, the bhikkhu asked, “What should be divided first?” The owners replied, “First divide the two-footed and four-footed beings.” The bhikkhu then first divided the two-footed beings. Among the male and female slaves, he placed the elderly, difficult to command, and unreliable persons in one share, while placing the young, healthy, easily commanded, and trustworthy persons in another share. When dividing the four-footed animals, he placed in one share those cattle that were old and feeble, ugly, difficult to use, infertile, produced little milk, or produced milk but could not be milked. In another share, he placed those with small teeth that were plump, agile, easy to use, fertile, abundant in milk, gentle, and easy to train.

When dividing the dwellings, he placed the old and dilapidated ones in one share and the new and beautiful houses in another share.

He did likewise with the multistoried buildings and shops.

When dividing the fields, he placed the barren plots with poor soil in one share and the fertile plots with good soil in another share. In the gardens, he placed the barren places bearing few flowers and fruits in one share and the places with good soil and luxuriant flowers and fruits in another share. He then prepared to divide the grain, gold, silver, and other wealth.

At that time, the elder brother said to the bhikkhu, “Venerable sir, you were cherished by my parents and revered by my brother and me. Why have you divided the property in this manner?”

The venerable then reconsidered the Buddha’s teaching: “If a bhikkhu divides another’s property with such an intention, then even if the owner does not agree to accept the allotted share, he still commits a Vinaya transgression.”

After Kuru returned, the two brothers discussed the matter, saying, “Then who is someone esteemed by our parents, a senior and greatly virtuous elder who knows everything our household possesses or lacks, whom we can ask to divide the property? If we do not divide it quickly, we fear that the king may hear of it (251a), or that taxes may be imposed and the property confiscated.” Upon reconsidering, they realized that Kuru was not at fault, and the brothers agreed to invite Kuru to divide the inheritance again. They then went to Kuru, paid homage, exchanged greetings, sat to one side, and said to him, “Venerable sir, you were esteemed by our parents and know everything our household possesses or lacks. Please now divide this inheritance for us.”

At that time, Kuru became angry because they had previously refused to accept his division, and said, “You brothers are ungrateful, suspicious, and faithless. Who would still have the patience to divide your inheritance for you?”

The brothers then said, “Previously, because we were rash, we acted in a way that made us ashamed before you. You know clearly how much or how little property there is in our household. We now ask you to divide this property for us. If the tax officials learn of it, we fear they will impose taxes and seize it; therefore, we wish to divide it quickly.”

The bhikkhu asked again, “Are you certain that you wish me to divide it?”

They replied, “Yes, Venerable sir!”

That bhikkhu then said: “If you are truly resolved, you must make this pledge: once the property has been divided, each person shall accept the share received, and no one shall say anything further. Only then will I divide it for you.” They replied in unison: “We respectfully obey your instruction and dare not disobey again.” After accepting their request, that bhikkhu had to divide the shares equally. When dividing fields, he had to stretch a cord to measure the land. If he measured the land with a partial mind, then even if the difference amounted to only a single clump of rice plants, that bhikkhu would thereby commit a Parajika offense, because land is inherently of inestimable value.

This is called the distinction concerning gardens and land.

In summary, if a bhikkhu gives rise to the intention to steal and touches any of these various gardens or lands, he commits a Vinaya-transgression offense. If the prescribed value is reached, he commits a Parajika offense.

12. Distinctions concerning theft: Some bhikkhus traveling on a road were robbed of their belongings by bandits. The bandits, however, were few, while the bhikkhus were many.

The bhikkhus then said to one another: “The bandits are few and we are many. We should unite and recover what we have lost.” Together they picked up bricks and stones, chased the bandits, and loudly berated them: “You wicked and sinful robbers! We shaved off our own hair and beards; do you imagine that we cut off our hands as well?” The bandits then threw down the robes and bowls and sought a way to flee.

If those bhikkhus had not yet regarded their property as lost and recovered their former belongings, there was no offense. If they had regarded it as lost and then recovered it, they would be robbers taking property from robbers; if the prescribed value was reached, they committed a Parajika offense.

Some bhikkhus traveling on a road were robbed by bandits. Having lost their robes and bowls, the bhikkhus hid in a forest. The bandits thought: “Our band is numerous, but these goods are few.

How could they suffice when divided among us? We must find a little more.” They hid the robes and bowls in one place and then robbed other travelers on the road. The bhikkhus saw where the goods had been hidden, waited until the bandits had gone away, and then recovered their robes and bowls.

If those bhikkhus had not previously regarded their property as lost and recovered their former belongings, there was no offense. If they had regarded it as lost (251b), they should not take it. If they took it, they would be robbing property from robbers; if the prescribed value was reached, they committed a Parajika offense.

Again, a bhikkhu traveling on a road had his robes and bowl taken by bandits, who then continued along the road. The bhikkhu watched to see where they went and followed closely without stopping. When they reached a certain village, the bandits divided the goods. The bhikkhu said to them: “Good elders! I am one who has gone forth and sustains his life by begging from others. You may beg my robes and bowl from me, but what use have you for these robes and bowl?” If the bhikkhu spoke in this way and recovered them, there was no offense.

If the bandits reviled him, saying: “You wicked samana! We intend to take even your life. How dare you still come here hoping to reclaim your robes and bowl?”

The bhikkhu thought: “This place is near a village. These bandits surely will not dare harm me. I should frighten them.”

He then said to the bandits: “Do you imagine that I have no one to protect me? I shall report to the king and his great ministers that you are bandits.” If he recovered the goods by intimidating them, there was no offense.

If the bandits angrily said: “We are certainly not giving them back. Go and make your complaint if you wish,” and the bhikkhu reported them to the village headman, who then arrested, bound, or killed the bandits, he should not have made the report. If he reported the matter to the village headman and the headman used skillful means to persuade them, thereby recovering the robes and bowl, there was no offense.

Again, a bhikkhu teacher possessed many robes and bowls and maintained a large number of disciples, but his disciples did not cultivate the precepts and proper conduct. They therefore thought: “Let us go to our preceptor’s room and steal the robes and bowls. My own robes and bowl are also kept in his room.” They agreed with one another: “If you obtain the robes and bowls, share them with me; if I obtain them, I shall share them with you.” They then entered the room, went to the robe pegs, took their preceptor’s robes, and placed them with their own. If the robes had not yet left their original peg, they committed a Sthulatyaya offense.

If they had removed their teacher’s robes from the peg and placed them with their own robes, they committed a Parajika offense.

If their teacher’s robe remained caught on the robe peg, or if even a silken cord had not yet left the peg, they had not yet committed a Parajika offense. When everything had left the robe peg, they committed a Parajika offense. If the preceptor suspected that his disciples might steal his robes and bowls and therefore took them and stored them elsewhere, and a disciple entered the dark room and mistakenly stole his own robes and bowl, yet upon going outside could not distinguish them, then if half the value of those robes reached the prescribed amount, he committed a Parajika offense.

There was a mahatta bhikkhu, one who had gone forth late in life, who, though ordained, was not skilled in maintaining the precepts and proper conduct. Another bhikkhu therefore invited him, saying: “Venerable, let us go and steal.”

The mahatta replied: “While I was still living at home, I was not a thief. Now that I have gone forth, how could I become a thief?”

The other bhikkhu said: “If you do not wish to steal, you need only guard the door. I shall give you a share.”

The mahatta thought: “Without stealing, I shall receive an equal share. Why should I not go?” (251c) He therefore replied: “Very well.”

The two then went together. The mahatta guarded the door while the other bhikkhu entered the house and stole property. When the property was touched, both committed a Vinaya-transgression offense.

When the property was moved, both committed a Sthulatyaya offense.

If it was removed from its original place and reached the prescribed value, both committed a Parajika offense.

If a visiting bhikkhu arrived and rested in the dining hall or the meditation hall, then departed early in the morning and forgot his robes, bowl, and other belongings, the guest-master bhikkhu, the mamati, might make his rounds through the rooms to see whether the visiting bhikkhu had departed. If he suddenly saw the robes and bowl, gave rise to an intention to steal, and took them to another place to conceal them, he committed a Parajika offense.

If another bhikkhu came and saw the robes and bowl, likewise gave rise to an intention to steal, and took them elsewhere to conceal them, he also committed a Parajika offense.

If a third person came, saw them, likewise gave rise to an intention to steal, and concealed them in yet another place, he too committed a Parajika offense. However many people gave rise to an intention to steal and moved those objects, all committed a Parajika offense. But if the owner of the robes and other belongings, after traveling far away, suddenly remembered them, returned to the place where he had temporarily stayed, and recovered them, there was no offense.

A bhikkhu forgot his robes and bowl. Another bhikkhu saw them and gave rise to an intention to steal, but instead of taking them with his own hands, he instructed an attendant bhikkhu, a mahatta, to take them. The attendant bhikkhu thought that the robes and bowl belonged to his teacher and therefore picked them up. When he touched the robes and bowl, the bhikkhu who harbored the intention to steal committed a Vinaya-transgression offense.

When they were moved, he committed a Sthulatyaya offense.

When they were removed from their original place and reached the prescribed value, he committed a Parajika offense.

As for the attendant bhikkhu, because he had no intention to steal, he committed no offense at any of the three stages. If the other bhikkhu had initially told the attendant to take the robes and bowl and promised to give him a share, and the attendant gave rise to an intention to steal and touched them, then at that moment both committed a Vinaya-transgression offense.

When they moved them, both committed a Sthulatyaya offense.

If they removed them from their original place and the prescribed value was reached, both committed a Parajika offense.

If the attendant saw them and thought: “Why should I give him a share? I shall keep them all for myself,” and then took them away, he committed a Parajika offense.

The other bhikkhu committed a Sthulatyaya offense.

If a bhikkhu wishes to build a Buddha stupa but has no materials, while the Sangha has materials, and he thinks, “The reason devas and humans make offerings to the Sangha is that they all look to the Buddha’s grace; making offerings to the Buddha is itself making offerings to the Sangha,” and then uses the Sangha’s property to repair the stupa, the bhikkhu overseeing the construction commits a Parajika offense. If the stupa has materials but the Sangha has none, and he thinks, “When offerings are made to the Sangha, the Buddha is also included therein,” and then uses the stupa’s property to make offerings to the Sangha, this bhikkhu overseeing the construction commits a Parajika offense.

If the stupa has no materials while the Sangha has materials, they may be borrowed for use, but a written record must be made clearly stating when they were borrowed and when they are to be returned. Conversely, if the Sangha has no materials while the stupa has materials, they may likewise be borrowed for use (252a). When responsibility is transferred, the steward must read the transfer record clearly before the Sangha. If he does not read the record, he commits a Vinaya offense.

This is called temporary borrowing.

If two bhikkhus jointly own property that should be divided between them, but one bhikkhu, with the intention to steal, takes exclusive possession of it, then, after deducting his own share, if the remaining share reaches the prescribed value, he commits a Parajika offense.

If the other bhikkhu consents, there is no offense in keeping it. Or if he thinks, “I am borrowing it for use now and will return it later,” there is no offense.

Two bhikkhus devoted to teaching and converting others make an agreement together: “From now on, if either you or I receives any gift, it must be divided into two shares.” Later, however, one of them receives a fine robe and thinks, “Even if another is obtained later, it may not be as fine as this one.” He then says to his companion, “From now on, whatever gain belongs to a person shall belong to that person. If you receive something, you shall keep it yourself; if I receive something, I shall keep it myself.”

Because the robe just received falls under their agreement, if half of it reaches the prescribed value, he commits a Parajika offense.

If this bhikkhu has accepted the offering and completed the benediction, but says to the donor, “Leave this object with you; I shall collect it later,” and then says to his companion, “Venerable, from now on, whatever gain belongs to a person shall be kept by that person. If you receive something, you shall keep it; if I receive something, I shall keep it,” then, upon saying these words, he commits a Thullaccaya offense.

If this bhikkhu hears that someone intends to offer a robe and beforehand says to his companion, “Venerable, from now on, whatever gain belongs to a person shall be kept by that person. If I receive something, I shall keep it; if you receive something, you shall keep it,” then, upon speaking thus, he commits a Vinaya offense.

Two bhikkhus who observe the practice of wearing rag-robes make an agreement together: “From now on, if we obtain any rag-robes, we shall divide them between us.”

At that time, one bhikkhu obtains a fine rag-robe and thinks, “This robe is very fine. Even if another is obtained later, it may not be like this one.” He then says to his companion, “Venerable, from now on, whatever gain belongs to a person shall be kept by that person. If you receive something, you shall keep it; if I receive something, I shall keep it.” Because this bhikkhu violates their previous agreement, if half the value of that robe reaches the prescribed amount, he commits a Parajika offense.

If this bhikkhu obtains a fine rag-robe but does not bring it back, instead concealing it and covering it with grass and bricks, and then returns and dissolves the agreement as described above, he commits a Thullaccaya offense.

If this bhikkhu sees a fine rag-robe but neither takes nor conceals it, and then returns and dissolves the agreement as described above, he commits a Vinaya offense.

Bhikkhus should know that, in some circumstances, property belonging to the Sangha should be given away, while in other circumstances it should not be given away. When should it be given? Either to prevent harm or to secure benefit.

What does it mean to prevent harm?

If a band of robbers comes to the monastery and demands various kinds of food and drink, and if these are not given, they may burn down the monastery and plunder its property. Therefore, although they are not worthy of receiving anything, out of fear that they will cause harm, one should give them more or less as circumstances require.

(252b) What does it mean to secure benefit?

When the Sangha’s dwellings are being repaired, masons, carpenters, painters, and overseers should be given morning and evening meals, as well as anointing oils, beverages, and so forth. Or, in the case of kings and persons of great power, we should provide them with food and drink.

This is called giving in order to secure benefit.

If a bhikkhu loses his robe, bowl, or other requisites and has not yet formed the thought of relinquishing them, but later learns where they are and goes there to search for them, then if he finds them, he commits no offense. Conversely, if he has already formed the thought of relinquishing them, then even if he learns where they are, he should not go and search for them, for if he does so, he commits a Vinaya offense.

If, when they are lost, he thinks to himself, “If I later learn where they are, I shall go and search for them,” then there is no offense if he finds them.

Two bhikkhus make an agreement together to receive and retain the sutras together and to recite the sutras together. But if afterward they neither receive and retain them nor read and recite them, they commit a Vinaya offense.

This is called the category of stolen property.

If a bhikkhu, with the intention to steal, touches any such property belonging to the category of stolen property, he commits a Vinaya offense.

If he moves it, he commits a Thullaccaya offense.

If he removes it from its original place and its value reaches the prescribed amount, he commits a Parajika offense.

13—The Category of Taxes: A bhikkhu was traveling together with merchants. This bhikkhu had a large retinue. At that time, a merchant said to one bhikkhu, “Your teacher is a greatly virtuous one. When he reaches the customs post, who would dare inspect him? For my sake, take this object, put it into your teacher’s robe-bag, and carry it past the customs post.” The disciple agreed and placed the object into his teacher’s robe-bag, thereby committing a Vinaya offense. The teacher did not know and therefore committed no offense.

If they proceed to the customs post, the disciple commits a Thullaccaya offense. The teacher commits no offense.

If they pass beyond the customs post, the disciple commits a Parajika offense. The teacher commits no offense.

If a merchant says to the teacher, “Venerable, you are a person of merit and virtue. Who would dare inspect the retinue traveling with you? Please, for my sake, place these few objects into your disciple’s bag and carry them past the customs post.” The teacher agrees and places them into his disciple’s bag, thereby committing a Vinaya offense. The disciple does not know and therefore commits no offense.

If they reach the customs post, the teacher commits a Thullaccaya offense. The disciple commits no offense.

If they pass beyond the customs post, the teacher commits a Parajika offense. The disciple commits no offense.

If the merchant speaks to both teacher and disciple and both agree, both commit a Vinaya offense.

If they reach the customs post, both commit a Thullaccaya offense.

If they pass beyond the customs post, both commit a Parajika offense.

If a bhikkhu is traveling together with merchants and they reach a village, the bhikkhu washes his hands. A merchant asks, “Venerable, where are you going?” He replies, “I intend to go for alms.” The merchant says, “You need not go for alms; I shall give you food,” and then gives the bhikkhu various fine foods.

When the bhikkhu has finished eating, the merchant says to him, “For my sake, please carry (252) a few of these objects past the customs post.”

The bhikkhu says, “The Blessed One has laid down a precept that does not permit us to carry dutiable goods through a customs gate.”

The merchant thinks, “If they pass through the customs gate, they will be lost; if they are given to the bhikkhus, they will also be lost. In either case they will be lost, but by giving them to the bhikkhus, merit may be gained.” He then says to the bhikkhus, “Please stand in order. I wish to make an offering,” and proceeds to make offerings to them one by one. Each person’s bowl is filled with precious objects. After making the offerings, the merchant passes through the customs gate and stops to wait for the bhikkhus. The bhikkhus subsequently arrive. The merchant then bows at the bhikkhus’ feet and says, “Do the venerable ones know?”

The bhikkhus replied, “We know.”

He asked again, “Do you know that I previously gave these things as alms?” They replied, “We know.”

He asked, “If you know, then why did I give them as alms?”

They replied, “Because you wished to make merit.”

The merchant said, “That is so! But my wife and children now need food and clothing, and debts must be repaid. Therefore, please return the things I previously gave.”

The bhikkhus should say, “Wretched man! How dare you treat us with such contempt? Previously you said that you were making merit, but now you demand the things back.”

If, after they have said this, the man still insists on demanding them back, the bhikkhus commit no offense by returning them. If they previously knew that he was not genuinely giving the goods as alms, yet the bhikkhus still accepted them and carried them through the customs checkpoint, then even if they return them, they still commit a Parajika offense.

If a bhikkhu is traveling together with a merchant, up to the statement: “The Buddha does not permit one to help carry taxable goods through a customs checkpoint,” and the merchant says to the bhikkhu, “I am not asking you to carry these goods through the checkpoint; I only ask you to watch them for me. I wish to meet the customs officer briefly and will return in a moment.”

Then the bhikkhu accepts the goods entrusted to him, while the merchant passes beyond the checkpoint and stops there to wait for the bhikkhu. After waiting a long time, the bhikkhu does not know to whom he should entrust the goods and therefore carries them through the checkpoint; he commits a Parajika offense.

If a bhikkhu is traveling on the same road as a merchant... up to the statement: “The Buddha does not permit one to help carry taxable goods through a customs checkpoint.” The merchant then says, “I am not asking the bhikkhu to carry these goods through the checkpoint; I only ask him to watch them for me. I will go meet the customs officer briefly and then return.” The bhikkhu agrees to watch them and says, “If you do not return, I will leave your goods behind and depart.” The merchant thinks, “Although the bhikkhu says this, he will surely not leave my goods behind and depart,” and then passes beyond the checkpoint and stops there to wait for the bhikkhu.

The bhikkhu waits a long time, but when he does not see the merchant return, he leaves the goods there and passes through the checkpoint. The merchant then asks the bhikkhu, “Where are my goods?”

The bhikkhu angrily says, “Do you dare make sport of me? Did I not previously tell you, ‘If you do not return shortly, I will leave your goods behind and depart’? Your goods are still where they were; go back and retrieve them.” If the bhikkhu acts in this way, he commits no offense.

If a bhikkhu is traveling on the same road as a merchant... up to the statement: “The Buddha does not permit one to help carry taxable goods through a customs checkpoint” (253a), and the merchant says to the bhikkhu, “I am not asking the bhikkhu to carry the goods through the checkpoint; I only ask him to watch them for me. I will go meet the customs officer briefly and then return.” The bhikkhu agrees to watch them and says, “If you do not return, I will entrust your goods to the customs officer.” The merchant thinks, “Although the bhikkhu says this, how could he have the heart to entrust my goods to the customs officer?” He then passes through the checkpoint and stops there to wait for the bhikkhu.

After waiting a long time without seeing him return, the bhikkhu entrusts his goods to the customs officer, saying, “There is a merchant of such-and-such an appearance and such-and-such a name. Assess the tax according to the goods and then return the goods to him.”...

The bhikkhu then passes through the checkpoint. The merchant asks, “Where are my goods?” The bhikkhu angrily says, “Do you dare make sport of me? Did I not previously tell you that if you did not return shortly, I would entrust your goods to the customs officer? Your goods are now with the customs officer; go there and retrieve them.” If the bhikkhu acts in this way, he commits no offense.

A bhikkhus’ monastery was situated near a main road. A bhikkhu was walking in meditation there when a merchant saw him and said, “I have taxable goods. Venerable sir, please carry them into the city for me.”

The bhikkhu replied, “The Blessed One does not permit me to carry taxable goods through a customs checkpoint. But I will now show you a way: You may cross over the road, pass through the fence, cross the ditch, load the goods onto a cart whose tax has already been paid, place them in the king’s cart, put them in a servant woman’s water jar, or conceal them beneath the wool of a goat and pass through.” If he merely instructs the merchant in this way, he commits a Vinaya transgression. The same applies if, from inside the city, he instructs someone how to take goods outside the city.

If a bhikkhu knows that goods are taxable but does not know that carrying taxable goods through a checkpoint constitutes a Parajika offense, then when he carries those goods through the checkpoint, if their value reaches the prescribed amount, he commits a Parajika offense.

Or if a bhikkhu knows that carrying taxable goods through a checkpoint constitutes a Parajika offense but does not know that those goods are taxable, then when he carries them beyond the checkpoint, if their value reaches the prescribed amount, he commits a Parajika offense.

Or if a bhikkhu knows that the goods are taxable and also knows that carrying taxable goods through a checkpoint constitutes a Parajika offense, then when those goods pass beyond the checkpoint, if their value reaches the prescribed amount, he commits a Parajika offense.

If a bhikkhu does not know that the goods are taxable and also does not know that carrying taxable goods through a checkpoint constitutes a Parajika offense, he commits no offense by carrying them through.

– What are goods that are not subject to tax?

– What are goods that are subject to tax?

The possessions of bhikkhus and bhikkhunis who are disciples of the Blessed One, and the possessions of all non-Buddhist renunciants, are goods not subject to tax. If such goods are bought or sold, tax must be paid.

This is called the distinction concerning taxation.

In brief, if a bhikkhu, with intent to steal, touches any of these various taxable goods, (253b) he commits a Vinaya transgression. If their value reaches the prescribed amount, he commits a Parajika offense.

If a bhikkhu, with intent to steal, touches medicine allowable at the proper time, he commits a Vinaya transgression.

If he moves it, he commits a Sthulatyaya offense. If he removes it from its original place and its value reaches the prescribed amount, he commits a Parajika offense.

If two, three, or even many bhikkhus, with intent to steal, touch medicine allowable at the proper time, they commit a Vinaya transgression.

If its value reaches the prescribed amount, they commit a Parajika offense.

If a bhikkhu instructs another bhikkhu, who has intent to steal, to touch medicine allowable at the proper time, he commits a Vinaya transgression. If its value reaches the prescribed amount, he commits a Parajika offense.

If he instructs two, three, or even many bhikkhus, who have intent to steal, to touch medicine allowable at the proper time, he commits a Vinaya transgression. If its value reaches the prescribed amount, he commits a Parajika offense. If a bhikkhu who has been instructed in turn instructs another bhikkhu, or instructs two, three, or even many bhikkhus, who have intent to steal, to touch medicine allowable at the proper time, he commits a Vinaya transgression.

If they move it, he commits a Sthulatyaya offense.

If they remove it from its original place and its value reaches the prescribed amount, he commits a Parajika offense. The same applies to medicines or foods permitted at night, for seven days, or for life, and even to pure and impure things.

If a bhikkhu, fulfilling five conditions, takes what has not been given and its value reaches the prescribed amount, he commits a Parajika offense.

– When the following five factors are fulfilled, a Parajika offense is committed. They are:

1- The value reaches the prescribed amount (five coins).

2- The object has an owner.

3- He knows that it has an owner.

4- He gives rise to the intention to steal.

5- He removes it from its original place.

– Again, if the following five factors are fulfilled in taking what has not been given, and its value reaches the prescribed amount, a Parajika offense is committed. They are:

1- He knows that the object has not been given by another.

2- He knows that it is not his own.

3- He knows that it has an owner.

4- He knows that the owner does not consent.

5- He does not think that he is merely borrowing it temporarily.

There are also five factors which, when fulfilled, do not constitute a parajika offense.

– When the following five factors are fulfilled, it does not constitute a parajika offense. They are:

1- He perceives that it has been given to him.

2- He perceives it as his own.

3- He perceives it as ownerless property.

4- He perceives that the owner consents.

5- He thinks that he is borrowing it temporarily.

These are the five cases in which a bhikkhu takes what has not been given but does not commit a parajika offense.

If a bhikkhu takes what has not been given, whether in the East, West, North, or South, in the sky, or at a dwelling place, he commits a parajika offense in every case.

If a bhikkhu instructs a servant, an attendant, or an acquaintance to take what has not been given, or does so as an experiment, or does what he has never done before, or, being foolish or shameless, regards it as a good deed and goes to take what has not been given, he commits an offense in every case.

– Cases of no offense: If he acts while mentally deranged or insane, there is no offense. Therefore it is said: "If a bhikkhu takes what has not been given in a village or in a wilderness, and, according to the value of the stolen object, the king has him arrested, executed, bound, or banished, saying: ‘Oh, man! Are you a thief? Are you a fool?’

If a bhikkhu is such a thief, he commits a parajika offense and may not live in communion with the Sangha."

At that time, the Blessed One was dwelling in the city of Rajagriha. After the meal, he sat facing East, when the declining shadow was about two persons in length, on the tenth day of the middle fortnight of the second month of winter, six years after attaining Buddhahood. On account of the elder Dhanika, the potter’s son, in connection with King Bimbisara and the bhikkhu who wore a rag-robe, he established this precept. Whatever the Buddha has established must be observed accordingly. This is called the principle of conformity.

THE MAHASANGHIKA VINAYA

End of the third fascicle.