Three Kinds of Fornication Committed

Original text from Section 3 of the Upāsaka Five Precepts Sūtra: If an upāsaka engages in sexual misconduct with a human female, non-human female, or animal female in three orifices, he commits an unpardonable offense. If with a human male, non-human male, animal male, eunuch, or hermaphrodite in two orifices, he commits an unpardonable offense. If he resolves to engage in sexual misconduct but does not achieve union, he commits a minor offense pardonable through penance. If the bodies unite but he desists without completing the act, he commits a moderate offense pardonable through penance. If an upāsaka engages in sexual misconduct with a maidservant who is already married and has a master, he commits an unpardonable offense. Other minor offenses are as stated above. The three orifices are: the mouth, the anus, and the urinary passage. Apart from these three orifices, engaging in sexual desire elsewhere is pardonable. If an upāsaka engages in non-standard sexual intercourse with an unbetrothed, masterless maidservant, he commits a pardonable offense, but the karmic retribution in future lives will be severe.

Explanation: If an upāsaka engages in sexual intercourse with a human female, non-human female, or animal female in the three orifices (mouth, anus, urinary passage), he commits an unpardonable offense. If an upāsaka engages in sexual intercourse with a human male, non-human male, animal male, eunuch, or hermaphrodite in two orifices (mouth and anus), he commits an unpardonable offense. If he resolves to engage in sexual misconduct but does not achieve physical union, he commits a minor offense pardonable through penance. If the bodies unite but he desists without completing the act, he commits a moderate offense pardonable through penance. If an upāsaka engages in sexual misconduct with his maidservant who is already married and has a spouse, he commits an unpardonable offense. If he resolves to engage in sexual misconduct but does not achieve union, he commits a minor offense pardonable through penance. If the bodies unite but he desists without completing the act, he commits a moderate offense pardonable through penance.

Committing sexual misconduct in the three orifices refers to the mouth, anus, and urinary passage. Apart from these three orifices, engaging in sexual acts elsewhere is pardonable through repentance to eliminate the karmic offense. If an upāsaka engages in non-standard sexual intercourse (not involving the three orifices) with his unbetrothed, masterless maidservant, he commits a pardonable offense, but the karmic retribution in future lives will be severe.

Original text: If an upāsaka engages in sexual intercourse with his male servants or hired laborers in two orifices, he commits an unpardonable offense. Other minor offenses are as stated above. If an upāsaka engages in sexual intercourse with a prostitute without paying, he commits sexual misconduct, unpardonable. If he pays, there is no offense. If a person or even an animal dies and the genital organ remains intact, engaging in sexual misconduct with the corpse—if with a female human or animal corpse in three orifices—constitutes an unpardonable offense. Minor offenses are as stated above.

Explanation: If an upāsaka engages in sexual intercourse with his male servants or hired laborers in two orifices (mouth and anus), he commits an unpardonable offense. If he resolves to engage in sexual misconduct but does not achieve union, he commits a minor offense pardonable through penance. If the bodies unite but he desists without completing the act, he commits a moderate offense pardonable through penance.

If an upāsaka engages in sexual intercourse with a prostitute without paying, he commits sexual misconduct, unpardonable. If he pays the prostitute accordingly, he does not commit sexual misconduct. If a person dies, or an animal dies, and the genital organ remains intact, and the upāsaka engages in sexual misconduct with the corpse—if with a female human or animal corpse in three orifices—he commits an unpardonable offense. If he resolves to engage in sexual misconduct but does not achieve union, he commits a minor offense pardonable through penance. If the bodies unite but he desists without completing the act, he commits a moderate offense pardonable through penance.

The act of prostitution is a transactional behavior aimed at earning income for livelihood expenses, not driven by sexual desire. Since their bodies belong to them personally and are under their own management, the women themselves do not violate the precept against sexual misconduct. Men engaging with them must abide by transactional rules and pay.

However, if such acts violate public order and morals, they should also face moral condemnation in secular society. If they violate national laws, they should be subject to legal sanctions. Modern people live in abundance with multiple channels for income, not involving situations lacking livelihood resources. Therefore, the prostitution industry is illegitimate, constituting both a violation of precepts and laws. The final determination depends on the individual’s intention, the consequences of the act, and its impact.