The Crime of Causing Death by Horseplay

Original text of the first section of the Upāsaka Five Precepts Sūtra: 又一小儿喜笑。居士捉击攊。令大笑故。便死。居士生疑。佛言。戏笑故。不犯杀罪。从今不应复击攊人令笑。

又一人坐以衣自覆。居士唤言起。是人言。勿唤我起。便死。复唤言起。起便即死。居士生疑。佛言。犯中可悔罪。汝与药浆时死者。犯戒不可悔。

Explanation: There was another child who loved to laugh. The upāsaka grabbed him and tickled him, causing the child to die from laughing uncontrollably. The upāsaka did not understand what offense he had committed, and the Buddha said to him: Because this was play and laughter, there is no violation of the killing precept. From now on, you should no longer tickle people to make them laugh.

There was a person sitting with his clothing covering his body. The upāsaka called out to him to rise, and the person said: Do not call me to rise—if I rise, I will die. The upāsaka called him to rise again, and the person died as soon as he rose. The upāsaka did not understand what offense he had committed, and the Buddha said to him: You have committed a medium-level expiable offense. If you had given him medicine or a drink and he died, you would have committed an inexpiable violation of the precept.

An expiable offense is committed when one kills the other person by mistake without a mind to kill; an inexpiable offense is committed when one kills intentionally, with a mind to kill. In the case of an expiable offense, because there is no mind to kill, the mental nature is not evil and not defiled; the inherent offense is light, and the karmic offense is also light. Through repentance, the inherent offense and karmic offense can be lightened or eliminated, thereby averting the karmic retribution of hell. In the case of an inexpiable offense, because subjectively there is a mind to kill, the mental nature is evil, the inherent offense is heavy, and the karmic offense is also heavy. Due to the obstruction of afflictions in one's mental nature, even repentance cannot remove the inherent offense; the karmic offense cannot be lightened, and the retribution of hell cannot be averted. The weight of all offenses is determined by the mental nature.