..續本文上一頁taking what is not given (adinnadana veramani)
He avoids taking what is not given and abstains from it; what another person possesses of goods and chattel in the village or in the wood, that he does not take away with thievish intent.[30]
"Taking what is not given" means appropriating the rightful belongings of others with thievish intent. If one takes something that has no owner, such as unclaimed stones, wood, or even gems extracted from the earth, the act does not count as a violation even though these objects have not been given. But also implied as a transgression, though not expressly stated, is withholding from others what should rightfully be given to them.
Commentaries mention a number of ways in which "taking what is not given" can be committed. Some of the most common may be enumerated:
(1) stealing: taking the belongings of others secretly, as in housebreaking, pickpocketing, etc.;
(2) robbery: taking what belongs to others openly by force or threats;
(3) snatching: suddenly pulling away another”s possession before he has time to resist;
(4) fraudulence: gaining possession of another”s belongings by falsely claiming them as one”s own;
(5) deceitfulness: using false weights and measures to cheat customers.[31]
The degree of moral weight that attaches to the action is determined by three factors: the value of the object taken; the qualities of the victim of the theft; and the subjective state of the thief. Regarding the first, moral weight is directly proportional to the value of the object. Regarding the second, the weight varies according to the moral qualities of the deprived inpidual. Regarding the third, acts of theft may be motivated either by greed or hatred. While greed is the most common cause, hatred may also be responsible as when one person deprives another of his belongings not so much because he wants them for himself as because he wants to harm the latter. Between the two, acts motivated by hatred are kammically heavier than acts motivated by sheer greed.
The positive counterpart to abstaining from stealing is honesty, which implies respect for the belongings of others and for their right to use their belongings as they wish. Another related virtue is contentment, being satisfied with what one has without being inclined to increase one”s wealth by unscrupulous means. The most eminent opposite virtue is generosity, giving away one”s own wealth and possessions in order to benefit others.
(3) Abstaining from sexual misconduct (kamesu miccha-cara veramani)
He avoids sexual misconduct and abstains from it. He has no intercourse with such persons as are still under the protection of father, mother, brother, sister or relatives, nor with married women, nor with female convicts, nor lastly, with betrothed girls.[32]
The guiding purposes of this precept, from the ethical standpoint, are to protect marital relations from outside disruption and to promote trust and fidelity within the marital union. From the spiritual standpoint it helps curb the expansive tendency of sexual desire and thus is a step in the direction of renunciation, which reaches its consummation in the observance of celibacy (brahmacariya) binding on monks and nuns. But for laypeople the precept enjoins abstaining from sexual relations with an illicit partner. The primary transgression is entering into full sexual union, but all other sexual involvements of a less complete kind may be considered secondary infringements.
The main question raised by the precept concerns who is to count as an illicit partner. The Buddha”s statement defines the illicit partner from the perspective of the man, but later treatises elaborate the matter for both sexes.[33]
For a man, three kinds of women are considered illicit partners:
(1) A…
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