The Sin of Stealing a Bird

Original text of the Sūtra on the Precepts for Upāsakas, Section Two: 复次有主池中养鸟。居士以盗心。按着池水中者。犯可悔罪。若举离池水。犯不可悔。若人家养鸟。飞入野池。以盗心举离水。及沉着水底。皆犯不可悔。又有居士。内外庄严之具在楼观上。诸有主鸟。衔此物去。以盗心夺此鸟者。犯不可悔。

Explanation: There was an owner who raised birds in a pond. If a lay disciple, with a thieving mind, presses the bird down into the pond water, he commits an expiable offense. If he lifts the bird out of the pond water, he commits an inexpiable offense. If a bird raised by someone else's household flies into a wild pond, and the lay disciple, with a thieving mind, lifts it out of the water or sinks it to the bottom of the water, he commits an inexpiable offense in both cases. There is also the case of a lay disciple who sees ornaments for adorning the interior and exterior on a tower or pavilion, and birds with owners carry these items away; if the lay disciple, with a thieving mind, seizes these birds, he commits an inexpiable offense.

Why would a lay disciple seize the birds? In order to obtain the ornaments. Why would he want to obtain the ornaments? Because of craving and greed. Why is there greed? First, there is self-view; second, one takes one's own benefit as real and thus has it.

Original text: 若见鸟衔宝而飞。以盗心遥待之时。犯中可悔。若以咒力令鸟随意所欲至处。犯不可悔。若至余处。犯中可悔。

Explanation: If a lay disciple sees a bird flying through the air carrying a jewel in its beak, and with a thieving mind waits from afar for the bird to come, he commits a moderately expiable offense. Why? Because although there is a thieving mind and there are preparatory means, the object has not come into his hand, the act of stealing is not complete, and the offense can be repented. If he waits for the bird and obtains the jewel, he commits an inexpiable offense. If he uses the power of mantra to make the bird go, according to his own wish, to the place he desires in order to obtain the jewel, he commits an inexpiable offense, because the act of stealing is complete and the object has come into his hand. If the bird arrives at some other place, he commits a moderately expiable offense, because although there is a thieving mind and preparatory means, the object has not been obtained, so the offense of stealing is not fully accomplished.

Original text: 若有野鸟衔宝而去。居士以盗心夺野鸟取。犯中可悔。待野鸟时。犯小可悔。又诸野鸟衔宝而去。诸有主鸟夺野鸟取。居士以盗心夺有主鸟取。犯不可悔。若待鸟时。犯中可悔。余如上说。又诸有主鸟衔宝物去。为野鸟所夺。居士以盗心夺野鸟取。犯中可悔。若待鸟时。亦犯中可悔。余亦同上。

Explanation: If a wild bird flies away carrying a jewel in its beak, and the lay disciple, with a thieving mind, seizes the jewel from the wild bird's beak, he commits a moderately expiable offense. If he waits for the wild bird intending to seize it, he commits a mildly expiable offense. There is also the case where wild birds fly away carrying jewels, and birds with owners snatch the jewels from the wild birds' beaks; if the lay disciple, with a thieving mind, seizes the jewel from the beak of the bird with an owner, he commits an inexpiable offense. If the lay disciple, with a thieving mind, waits for the bird with an owner to come flying with the jewel, intending to seize it, he commits a moderately expiable offense. The rest is as stated above. Furthermore, if a bird with an owner flies away carrying a jewel, and the jewel is snatched by a wild bird, and the lay disciple, with a thieving mind, seizes the jewel from the wild bird's beak, he commits a moderately expiable offense. If he waits for the bird, he also commits a moderately expiable offense. The rest is the same as above.

There is also the case where a bird with an owner flies away carrying a jewel, and the jewel is snatched by a wild bird; if the lay disciple, with a thieving mind, takes the jewel from the wild bird's beak, he commits a moderately expiable offense, because at this point the jewel already belongs to the ownerless bird, so the offense of taking it is lighter. If he waits for the wild bird to come flying with the item, he also commits a moderately expiable offense; the rest is the same as stated above.

When a wild bird carries a jewel, the jewel belongs to the wild bird; when a bird with an owner carries a jewel, the jewel belongs not only to the bird but also to the bird's owner. Therefore the offense of stealing from a wild bird is lighter, while the offense of stealing from a bird with an owner is heavier—regardless of how the wild birds and the birds with owners snatch the jewel back and forth from one another.