The Crime of Taking Ownerless Property

Original text of the second section of the Upāsaka Five Precepts Sūtra:有一人在祇洹间耕垦。脱衣着田一面。时有居士四望无人。便持衣去。时耕者遥见。语居士言。勿取我衣。居士不闻。犹谓无主。故持衣去。耕人即随后捉之。语居士言。汝法应不与取耶。居士答言。我谓无主。故取之耳。岂法宜然。耕人言。此是我衣。居士言曰。是汝衣者。便可持去。

Explanation: There was a man plowing a field at Jetavana. He took off his clothes and placed them at the side of the field. At that time, an upāsaka came by, looked around, saw no one, and took the clothes away. The plowman saw this from a distance and said to the upāsaka: "Do not take my clothes." The upāsaka did not hear him, and still believed the clothes were ownerless, so he took them away. The plowman immediately followed and caught hold of him, saying to him: "Do you intend to steal?" The upāsaka replied: "I thought they were ownerless, that is why I took them. Is that not reasonable?" The plowman said: "These are my clothes." The upāsaka said: "If they are your clothes, then take them back."

Original text:居士生疑。我将无犯不可悔耶。即往佛所。咨质此事。佛知故问。汝以何心取之。居士白言。谓言无主。佛言无犯。自今而后取物者。善加筹量。或自有物。虽无人守。而实有主者也。若发心欲偷未取者。犯下可悔。取而不满五钱者。犯中可悔。取而满五钱。犯不可悔。

Explanation: Afterwards, the upāsaka developed doubt about his own conduct and said: "Have I committed an irredeemable offense?" He then immediately went to the Buddha's dwelling to consult about this matter. The Buddha, knowing already, deliberately asked: "With what state of mind did you take them?" The upāsaka replied that he took them because he believed the clothes were ownerless. The Buddha said: "You have committed no offense. But from now on, when taking things, deliberate and consider carefully. Some items, although no one is guarding them, actually do have an owner. If one gives rise to the intention to steal but does not take the item, one commits a lesser, redeemable offense. If one takes it and the item is not worth five māṣakas, one commits a middling, redeemable offense. If one takes it and the item is worth five māṣakas or more, one commits an irredeemable offense."