English
But in the Great Commentary, it is said: “‘Royal officials harass him who avoids it’—having merely shown the danger, if one avoids it by entering the vicinity, it is a dukkata; if one avoids it without entering the vicinity, there is no offense.” This agrees with the Pāli. Here, the vicinity should be delimited by two stone-throws. The section on Customs-Duty-Theft is finished. The Section on Living Beings 114. Hereafter, showing a living being that is certainly capable of being stolen, he says: “a human being.” Even if one carries away a free person, there is no theft. Even if a free person has been pledged by his mother or father, or has himself taken fifty or sixty (coins) upon himself, there is no theft for one who carries him away; but the money increases in the place where it went. However, there is theft for one who carries away a slave of the type born within the household, bought with money, or brought by force. For it is with reference to him that this was said: “A living being is called a human being.” And here, one born in the womb of a household slave is an antojatako (born within); one bought with money is a dhanakkīto (bought with money); one brought by striking from another country and reduced to slavery is to be understood as a karamaranīto (brought by force). If one touches such a living being, thinking “I will carry him away,” it is a dukkata. If one lifts him up, taking him by the hands or feet, and makes him struggle, it is a thullaccaya. If, having lifted him up, one wishes to flee and moves him even a hair's breadth from his standing place, it is a pārājika. If one drags him by the hair or by the hands, it should be done according to the step-rule. If, threatening or striking, one says, “Go from here!” intending to make him walk, and he goes in the direction indicated by that person, it is a pārājika by the second step-rule. Even those who are of the same intention with him, for all of them it is a pārājika at the same moment. If a bhikkhu sees a slave, and having asked or not asked about his well-being, says, “Go, flee and live happily!” if he flees, it is a pārājika by the second step-rule. If another person says to him who has come near him, “Flee!” if the bhikkhu If he speaks to a runaway who has come near him in due order, it is a pārājika for all. But if one says to a swiftly fleeing person, "Flee, until the owners do not catch you!", there is no pārājika offense. But if he speaks to one going slowly, and that one goes swiftly by his words, it is a pārājika. Having seen one who has fled to another village or country, for one who makes him flee from there too, it is indeed a pārājika. The offense of taking what is not given is absolved in some cases. For if one says thus – "What are you doing here? Is it not proper for you to flee? Or is it not proper to go somewhere and live happily? Or 'Male and female slaves flee and go to such and such a region and live happily'", and that one, having heard his words, flees, there is no carrying away (theft). And if one, having said, "We are going to such and such a region; those who go there live happily; and for those going with us, there is no weariness on the way with provisions etc.", takes one who comes happily with him and goes, by way of travel, not with the intention of theft, there is no carrying away (theft). And on the way, when robbers arise, even for one who says, "Hey! Robbers have arisen, flee quickly, come on, go!", because it was said for the purpose of freeing from the danger of robbers, they do not call it carrying away (theft). The section on living beings is finished. The section on footless creatures. Among footless creatures, a snake, indeed, is a captured snake with an owner, by snake charmers etc.; by making it play, they obtain even half a coin, even a quarter coin, even a kahāpaṇa; even when releasing, they release only after taking silver or gold. They, having gone to the sitting place of some bhikkhu, having placed the snake basket, either sleep or go somewhere; if there that bhikkhu, with the intention of theft, touches that basket, it is a dukkaṭa offense. He makes it move, it is a thullaccaya. He removes it from its place, it is a pārājika. But if, having opened the basket, he takes the snake by the neck, it is a dukkaṭa. He lifts it out, it is a thullaccaya. For one who lifts it out, having straightened it, from the bottom of the basket, the snake's tail In the anus, if the tip of the tail is touched, it is a pārājika. If, by rubbing, it is pulled out from the mouth of the tail, it is a pārājika. If the mouth of the basket is slightly opened, and a blow is given, or by calling out "Come here!" by name, it is made to come out, it is a pārājika. Similarly, if it is opened, and a frog's sound or a mouse's sound or a scattering of parched rice is made, and it is called by name, or a snap of the fingers is made, and it comes out in this way, it is a pārājika. Even without opening the mouth, if this is done, and the hungry snake, by striking the basket-lid with its head, makes an opening and escapes, it is indeed a pārājika. But if, with the mouth opened, the snake itself comes out and escapes, it is a bhaṇḍadeyya (payment for the goods). Or if, with the mouth opened or not opened, only a frog's or mouse's sound or a scattering of parched rice is made, and it is not called by name, nor is a snap of the fingers made, and the snake, being hungry, comes out thinking "I will eat frogs and the like" and escapes, it is indeed a bhaṇḍadeyya. Fish are mentioned here only by way of example. What needs to be said about this has already been said in the section on aquatic creatures. The section on footless creatures is finished. Section on Two-footed Creatures 115. Among two-footed creatures – those that can be stolen, are shown by saying "humans and winged creatures." But deities cannot be stolen. "Winged creatures" are those that have wings. They are of three kinds: feather-winged, skin-winged, and bone-winged. Among these, peacocks, chickens, and the like are feather-winged; bats and the like are skin-winged; bees and the like are bone-winged. All of them, humans and winged creatures, are mentioned here only by the term "two-footed." What needs to be said about this is the same as what has been said in the sections on aerial creatures and living beings. The section on two-footed creatures is finished. Section on Four-footed Creatures 116. Among four-footed creatures – "animals" refers to all other four-footed species mentioned in the Pāli. Elephants and the like are well-known. Among these, for touching an elephant with the intention of theft, it is a dukkaṭa; for making it move, it is a thullaccaya. But if a very strong person, out of pride in his strength, a young elephant Lifting the cub with its head at the navel, and taking it, if he moves its four feet, and its trunk even a hair's breadth from the ground, it is a pārājika offense. But some elephants are tied and kept in an elephant stable, some stand untied, some stand within the dwelling, some stand in the royal courtyard. There, for one tied by the neck in an elephant stable, the neck-tie and the four feet are five places. For one tied by the neck and one foot with an iron chain, there are six places. For one tied by the neck and two feet, there are seven places. The places of movement and displacement should be understood according to these. For an untied one, the entire elephant stable is the place. If it is moved beyond that, it is a pārājika offense. For one standing within the dwelling, the entire dwelling itself is the place. If it is moved beyond the dwelling's gate, it is a pārājika offense. For one standing in the royal courtyard, the entire city is the place. If it is moved beyond the city gate, it is a pārājika offense. For one standing outside the city, its standing place itself is the place. One who takes it should be made to pay by foot-steps. For one lying down, there is only one place. For one who makes it stand up with the intention of theft, it is a pārājika offense as soon as it stands up. The same decision applies to horses. But if it is tied by all four feet, eight places should be understood. This rule applies to camels too. Some oxen are tied and kept in a house. Some stand untied, some are tied and kept in a pen, some stand untied. There, for one tied and kept in a house, the four feet and the tie are five places; for an untied one, the entire house. For one tied in a pen, there are five places. For an untied one, the entire pen. If it is moved beyond the pen gate, it is a pārājika offense. One who takes it by breaking the pen, if it is moved beyond the broken gate, it is a pārājika offense. Or opening the gate, or breaking the pen, if one standing outside calls it by name and makes it go out, it is a pārājika offense. The same rule applies to one who calls it by showing a broken branch. Without opening the gate, without breaking the pen, and without a broken branch Having enticed, he calls, the ox, due to hunger, jumps over the enclosure and goes out, it is a pārājika. But if, the door being open, or the enclosure being broken, it goes out by itself, it is a payment for the goods. Having opened the door or not opened it, or having broken the enclosure or not broken it, merely moves a broken branch, does not call, the ox, due to hunger, goes out by foot or by jumping, it is merely a payment for the goods. One is tied standing in the middle of the village, one is lying down. For a standing ox, there are five places, for a lying one, two places; by means of these, the places of agitation and removal should be understood. But whoever, without making a lying one stand up, kills it right there, it is a payment for the goods. But in a well-fenced village with a gate, for a standing ox, the whole village is its place. In an unfenced area, for one standing or moving, the place trodden by its feet is its place,