The Offense of Taking Ownerless Things

Original text of the Sūtra on the Precepts for Upāsakas, Section Two: 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: A man was plowing a field at Jetavana. He took off his clothes and set them at one side of the field. At that time, a layman looked around, saw no one, and took the clothes away. The plowman saw this from afar and said to the layman: "Do not take my clothes." The layman did not hear him, and still believed the clothes were ownerless, so he carried them off. The plowman immediately followed and seized him, saying to the layman: "Do you intend to steal?" The layman replied: "I thought they were ownerless, that is why I took them. Is that not reasonable?" The plowman said: "These are my clothes." The layman 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 layman began to doubt his own conduct and said: "Have I perhaps committed an irredeemable offense?" He then went immediately to where the Buddha was to consult him about this matter. The Buddha, knowing already, asked deliberately: "With what state of mind did you take it?" The layman replied that he had taken it believing the clothes were ownerless. The Buddha said: "You have committed no offense. But from now on, when taking things, you should carefully deliberate and consider: some items, though no one is guarding them, do in fact 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 but its value does not reach five coins, one commits a middling, redeemable offense. If one takes it and its value reaches five coins or more, one commits an irredeemable offense."