English
like a small river. From there, they draw out small channels and dig pits at the end of these channels for their own use. When they need water, they clean the pits, the small channels, and the water channel, and then open the outlet pipe. Then, along with the water, fish come out and gradually fall into the pits and live there. There, they do not prevent people from catching fish in the pond and in the water channels. But they do not allow fish that have entered their own small channels and water pits to be caught; they prevent it. And whoever in a pond, or in a water-lifting bucket, or in a water channel, catches fish, he should not be made to pay a fine for theft. But if one catches fish that have entered small ditches or pits, he should be made to pay according to the value of what was caught. If a fish, being caught from there, leaps into the air, or falls onto the bank, there is no theft for catching it while it is in the air, or on the bank, or out of the water. Why? Because their owners are only those who keep them in their own designated place. Such is the agreement there. The same rule applies to tortoises. But if a fish, being caught, climbs from a pit into a small ditch, even for catching it there, it is theft. But if it climbs from a small ditch into a water channel, and from there into a pond, there is no theft for catching it. Whoever entices a fish from a pit with rice-grains, and makes it climb into a ditch, and catches it, it is theft. But if, having enticed it from there, one makes it climb into a water channel, and catches it, there is no theft. Some people, however, bring fish from any common place, and put them into water pits in the back part of their property, and raise them, and kill two or three each day for extra portions. For catching such a fish, whether it is in the water, or in the air, or on the bank, wherever it may be, it is indeed theft. The same rule applies to tortoises. But in the dry season, when the river's current has ceased, water remains in some low-lying places. There, people throw in madan fruit pulp and other things to destroy the fish, and then leave. The fish, eating those, die and float belly-up in the water. Whoever goes there and catches them, thinking, "I will take these fish until the owners come," should be made to pay according to their value. There is no theft for catching them with the perception of "rag-heap" (abandoned property), but if one causes them to be brought, then goods should be given. The people who threw in the fish poison go, bring vessels, fill them, and leave. As long as they have the intention "We will come again," those fish still have owners. But when they depart without intention, thinking, "Enough for us," From then on, for one who takes with a thievish mind, a dukkaṭa (offence of wrong-doing). For one who perceives it as a rag-robe, there is no offence. And just as with fish and turtles, so too should the decision be understood for all aquatic creatures. The Commentary on Water is finished. Commentary on Boats 99. In the Commentary on Boats – first, defining a boat, it says: "A boat is that by which one crosses." Therefore, here, even a dyeing trough or a bundle of bamboos should be understood as a "boat." However, in the demarcation of boundaries, a permanent boat, dug out or constructed with planks, is valid only if it can carry three people at its utmost limit. But here, even one that can carry a single person is called a "boat." "Placed in a boat" means anything, whether attached to a sense faculty or not; the characteristic of its removal should be understood in the same way as stated for land. And in phrases like "I will remove the boat," the second search, going, touching, and moving are as stated. Here, regarding "unties the mooring," for that (boat) which does not move from its place immediately upon being untied, as long as its mooring is not untied, it is a dukkaṭa. But once untied, it can be a gross offence or even a pārājika (expulsion offence); that will become clear later. The rest is as stated. This is the commentary on the Pāli text. Here is a decision outside the Pāli text – for a boat tied and placed in a strong current, its mooring is its place; upon its being untied, it is a pārājika. The reasoning for that was stated earlier. For a lost boat, whatever water area it occupies, that is its place. Therefore, for one who lifts it up, or sinks it down, or moves it beyond the area it occupies in the four directions, upon its being moved beyond, it is a pārājika. For one who pulls a boat, untied and resting naturally in still water, forward or backward, or to the left or right, upon one end moving beyond the area it occupies and the other end remaining in the water, it is a pārājika. If it is lifted up from the water by a hair's breadth, below, by the bottom of the boat, touching... As soon as the space exceeds the mouth-rim, it is a pārājika. For a boat tied to the bank and placed in still water, the tying-place and the standing-place are two locations. If one first loosens it from the tying-place, it is a grave offense. Afterwards, if one moves it from its place by one of the six methods, it is a pārājika. If one first moves it from its place, and then loosens the tie, the same rule applies. For a boat lifted up and placed on land, right side up, the place it touches is its location. Its location's boundary should be understood by five methods. But for a boat placed upside down, the place touched by its mouth-rim is its location. Having understood its location's boundary by five methods, as soon as it exceeds the touched place from anywhere, and upwards by a hair's breadth, it should be known as a pārājika. But for a boat lifted up and placed on land upon two wooden blocks, the place touched by the wooden blocks is its location. Therefore, in such cases, the decision should be understood according to the method stated for a cloth spread and tied on the top of bedposts, and for a sling placed on elephant tusks. But for a boat tied with a rope, if one pulls it without loosening the rope, which is sixty or seventy cubits long— For a boat placed on land with its rope, made to touch the ground, its location is not merely the place it touches. Rather, from the end of the rope up to the rear end of the boat's resting place on the ground, that is its length. And across, its location should be understood as the extent of the boat and the rope resting on the ground. If one pulls it lengthwise or crosswise, as soon as it exceeds the touched place by one end, or the resting end on the ground by the other, or is lifted from the ground by a hair's breadth upwards, together with the rope, it is a pārājika. But if one, with thievish intent, boards a boat standing at the landing, and propels it with an oar or a pole, it is a pārājika. But if one, having spread an umbrella, or having stepped on a robe with the feet, and lifted it with the hands, making it like a sail, causes it to catch the wind, and a strong wind comes and moves the boat— it carries, it is carried away by the wind; there is no taking away for the person. There is an effort, but that is not an effort to move it from its place. If, however, one interrupts that boat going in its natural course and takes it to another direction, it is a pārājika. If one sells it oneself, having reached some village landing, without moving it from its place, and goes away, there is no taking away. But it is a gift of goods. The commentary on boats is finished. The commentary on vehicles 100. In the commentary on vehicles – first showing what a vehicle is, it says, "A vehicle is a conveyance," and so on. There, a conveyance made by covering it with a pavilion-like roof, or with planks, or entirely enclosed with poles. A palanquin made in the manner of a garuḷa's wings, by placing golden or silver crossbeams on both sides. A chariot and a cart are well-known. In these, wherever a conscious or unconscious object, goods placed in a heap or otherwise, is moved from its place with the intention of theft, a pārājika is to be understood in the same way as stated in the commentary on boats and on land. This is a special point – for goods like rice in a vehicle, if one takes them in a basket, even if the basket is not lifted, if the basket is taken away and the unified state of the rice and so on is broken, it is a pārājika. This method is also applicable in cases on land and so on. In "I will take away the vehicle," and so on, the second search and so on are as stated. In "moves from its place," for a vehicle yoked with two oxen, there are eight feet of the two oxen, and two wheels, making ten places. For one who, with the intention of theft, sits on the yoke and drives, when the oxen's feet are lifted, it is a thullaccaya. But when the wheels pass even a hair's breadth from the place where they are established on the ground, it is a pārājika. If, however, the oxen, knowing "this is not our master," drop the yoke and stop or struggle while pulling, he is protected for the time being. When he straightens the oxen again, places the yoke, firmly yokes them, and drives them by pricking them with a goad, when their feet are lifted, it is a thullaccaya, as stated. When the wheels pass It is a pārājika. If on a muddy road, one wheel is stuck in the mud, the second wheel, the oxen turning, make it move, because one is stopped, there is no removal yet. But when the oxen are again made straight and driven, if the stopped wheel moves even a hair's breadth from its touched place, it is a pārājika. For a four-yoked (cart), there are eighteen places. For an eight-yoked, thirty-four. By this method, the difference in places for a yoked vehicle should be understood. But if an unyoked cart is placed, supported by one at the pole and two supports at the back, for it, by means of the three supports and the wheels, there are five places. If the support at the pole