第五章 舉離處
Chapter 5: Leaving the World Behind
問:何謂舉離處耶?
Question: What is meant by the “state of lifting and departing”?
答:欲盜物時,若所盜之物未離本處,屬己不顯。故須於離處時,結其正罪也。
Answer: When intending to steal, if the stolen item has not yet been moved from its original location, the act of possession is not yet established. Therefore, the full offense is only committed when the item is actually moved from its place.
問:亦有物未離處即結犯耶?
Q: Are there cases where an offense arises simply because an object has not yet been moved elsewhere?
答:盜戒成犯,雖約離處,然其離相,不必物離。故律中明離處義,以十門括示差別,今且略舉:文書成明離處,約作字判斷即犯;言教主明離處,約口斷即犯——以言辭誑惑取者是;移標相明離處,即今丈尺度量之物;墮籌明離處,若計數籌、若分物籌是;異色明離處,若破、若燒、若埋、若壞色,皆屬此類;轉齒明離處,以盜心移轉賭具。如是等,皆統名曰離處也。
Stealing is established as an offense according to the principle of "removal from its original place." However, this concept of "removal" does not necessarily require that the object itself be physically moved. The monastic code explains the meaning of "removal" through ten categories that outline its different forms. Here are some brief examples: Removal through written documents—the offense is judged by the very act of writing; Removal through verbal command—the offense is judged by the moment of speech (this applies to obtaining something through deceitful words); Removal through moving boundary markers—this refers to things like measuring tools or land boundaries; Removal through drawing lots—whether counting slips or allocation tokens; Removal through changing appearance—actions such as breaking, burning, burying, or altering color all fall under this category; Removal through turning dice—moving gambling pieces with the intent to steal. All these are collectively termed "removal from its original place."