Negligent Homicide

Section One of the Upasaka Precept Sutra on the Five Precepts: Original Text: If an upasaka, intending to kill his mother, kills a non-mother instead, he commits an unpardonable offense, but it is not the offense of the Five Heinous Transgressions. If he kills someone while hitting them in jest, the offense is subject to repentance. If he kills while insane and without recollection, there is no offense.

Explanation: If an upasaka intends to kill his mother but mistakenly kills a non-mother, he commits an unpardonable offense, but it is not the offense of the Five Heinous Transgressions. The upasaka intended to kill his mother, but actually killed a non-mother; since he did not kill his mother, he does not commit the offense of the Five Heinous Transgressions. If he kills someone while hitting them playfully in jest, it is accidental killing, and the offense is subject to repentance. If, while insane, he fails to recognize the other person and kills them, there is no offense, because he lacked intention; he had no mind to kill.

Original Text: If an upasaka uses water containing insects or kills insects within plants or wood, he commits an offense. If he uses it thinking there are no insects when there are, he also commits an offense. If he uses it thinking there are insects when there are none, he also commits an offense.

Explanation: If an upasaka uses water containing insects – whether drinking it, pouring it out, or watering the ground – causing the insects to die, or directly kills insects within plants or wood, he commits the offense of killing. If he knows the water contains insects but deceives himself into thinking there are none and uses the water, he also commits the offense of killing. If there are truly no insects in the water, but he deceives himself into thinking there are and still uses the water, he also commits the offense of killing, because he has the intent to kill.

Why go to such trouble when there are clearly no insects in the water, yet he falsely imagines insects are present and still uses the water, resulting in breaking the precept? There were no insects, and no insects were actually killed – why is using the water still considered breaking the precept against killing? It is because the mind is impure; there is the intent to kill. Some water genuinely contains insects; if you are unaware and use it, resulting in the death of insects, it is not considered breaking the precept against killing. Because there is no intent to kill, and the life of the insect is not considered precious, killing without intent does not constitute breaking the precept.

Original Text: An upasaka was building a new house. While on the roof, he accidentally dropped a beam, which fell on a carpenter’s head, killing him instantly. The upasaka became doubtful: "Is this offense subject to repentance?" He asked the Buddha. The Buddha said: "There is no offense." (The situation was:) While on the roof, the beam fell due to insufficient human strength to hold it, killing the carpenter. The upasaka became doubtful. The Buddha said: "There is no offense. From this day forward, work with careful attention to avoid causing death."

Explanation: An upasaka was building a new house. While sitting on the roof holding a beam, he accidentally dropped it. It fell on a carpenter’s head, killing him. The upasaka did not understand whether this offense of killing was subject to repentance, so he asked the Buddha. The Buddha said: "You have no offense."

While building the new house, due to insufficient human strength to hold the beam, a beam from the roof fell and struck the carpenter on the head, killing him. The upasaka was unsure of his offense. The Buddha said to him: "You have no offense, but from now on, be careful in your actions, pay good attention, and do not accidentally kill anyone again."

Original Text: Another upasaka was working on a roof. Seeing a scorpion in the mud, he jumped down in fear, fell onto a carpenter, and killed him instantly. The upasaka became doubtful. The Buddha said: "There is no offense. From this day forward, work with careful attention to avoid causing death." Another upasaka, traveling on a dangerous path at dusk, encountered bandits. The bandits tried to seize him. Fleeing the bandits, he fell off a bank onto a weaver below, killing the weaver instantly. The upasaka became doubtful. The Buddha said: "There is no offense."

Explanation: Another upasaka was working on a roof. Seeing a scorpion in the mud, he became frightened and jumped down from the roof. He happened to fall onto a carpenter, killing him. The upasaka did not understand his offense. The Buddha said to him: "You have no offense. From this day forward, be cautious in your actions, pay good attention, and do not accidentally kill anyone again."

Another upasaka was walking on a dangerous path after dark when he encountered bandits. The bandits tried to capture him. The upasaka dodged the bandits and ran, but accidentally fell off a bank onto a person weaving clothes below. The weaver died immediately. The upasaka did not understand his offense. The Buddha said to him: "You have no offense."

Original Text: Another upasaka pushed a stone down a mountain; the stone rolled down and killed someone. He became doubtful. The Buddha said: "There is no offense. If you intend to push a stone, you should first shout a warning that the stone is coming down, so people will know." Another man had a boil that was not yet ripe. An upasaka lanced it, and the man died. He became doubtful. The Buddha said: "If a boil is not ripe and lancing it causes death, this is a middling offense subject to repentance. If lancing a ripe boil results in death, there is no offense."

Explanation: Another upasaka pushed a stone down a mountain; the stone rolled down and killed a person. The upasaka did not understand his offense. The Buddha said to him: "You have no offense. If you push stones in the future, you should first shout a warning, telling others that the stone is rolling down, so they will know."

A sick man had a boil (ulcer) that was not yet ripe (mature). An upasaka broke (lanced) it, causing the man to die. The upasaka did not understand his offense. The Buddha said to him: "If a boil is not yet ripe and breaking it causes death, this is a middling offense subject to repentance. If breaking a ripe boil results in death, there is no offense."