..续本文上一页 as partners under the law of the land; and (3) a woman who is married or engaged to another man, even one bound to another man only by a temporary agreement. In the case of women, for those who are married any man other than a husband is an illicit partner. For all women a man forbidden by tradition or under religious rules is prohibited as a partner. For both men and women any violent, forced, or coercive union, whether by physical compulsion or psychological pressure, can be regarded as a transgression of the precept even when the partner is not otherwise illicit. But a man or woman who is widowed or porced can freely remarry according to choice.
The texts mention four factors which must be present for a breach of the precept to be incurred: (1) an illicit partner, as defined above; (2) the thought or volition of engaging in sexual union with that person; (3) the act of engaging in union; and (4) the acceptance of the union. This last factor is added for the purpose of excluding from violation those who are unwillingly forced into improper sexual relations.
The degree of moral gravity involved in the offense is determined by the force of the lust motivating the action and the qualities of the person against whom the transgression is committed. If the transgression involves someone of high spiritual qualities, the lust is strong, and force is used, the blame is heavier than when the partner has less developed qualities, the lust is weak, and no force is used. The most serious violations are incest and the rape of an arahant (or arahatess). The underlying root is always greed accompanied by delusion.
4. THE FOURTH PRECEPT: ABSTINENCE FROM FALSE SPEECH
The fourth precept reads: Musavada veramani sikkhapadam samadiyami, "I undertake the training rule to abstain from false speech." False speech is defined as "the wrong volition with intent to deceive, occurring through the door of either body or speech, arousing the bodily or verbal effort of deceiving another."[9] The transgression must be understood as intentional. The precept is not violated merely by speaking what is false, but by speaking what is false with the intention of representing that as true; thus it is equivalent to lying or deceptive speech. The volition is said to arouse bodily or verbal action. The use of speech to deceive is obvious, but the body too can be used as an instrument of communication — as in writing, hand signals, and gestures — and thus can be used to deceive others.
Four factors enter into the offense of false speech: (1) an untrue state of affairs; (2) the intention of deceiving another; (3) the effort to express that, either verbally or bodily; and (4) the conveying of a false impression to another. Since intention is required, if one speaks falsely without aiming at deceiving another, as when one speaks what is false believing it to be true, there is no breach of the precept. Actual deception, however, is not needed for the precept to be broken. It is enough if the false impression is communicated to another. Even though he does not believe the false statement, if one expresses what is false to him and he understands what is being said, the transgression of speaking falsehood has been committed. The motivation for false speech can be any of the three unwholesome roots. These yield three principal kinds of falsehood: (1) false speech motivated by greed, intended to increase one”s gains or promote one”s status or that of those dear to oneself; (2) false speech motivated by hatred, intended to destroy the welfare of others or to bring them harm and suffering; and (3) false speech of a less serious kind, motivated principally by delusion in association with less noxious degrees of greed or hatred, intended neither to bring special benefits to o…
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