The Crime of Bird Theft

Original text of the second section of the Sūtra on the Precepts for Upāsakas: 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 the water of a pond. If an upāsaka, with a mind of stealing, 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 upāsaka, with a mind of stealing, lifts it out of the water or sinks it to the bottom of the water, in both cases he commits an inexpiable offense. There was also an upāsaka who saw ornaments for inner and outer adornment on a tower-pavilion; some birds with owners carried these objects away in their beaks. If the upāsaka, with a mind of stealing, seizes these birds, he commits an inexpiable offense.

Why did the upāsaka seize the birds? In order to obtain the ornaments. Why did he want to obtain the ornaments? Because of craving and greed. Why was there greed? First, because of the view of self; second, because he took self-interest to be real and thus had 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 one sees a bird flying through the air carrying a jewel in its beak, and the upāsaka, with a mind of stealing, waits from afar for the bird to fly to him, he commits a moderately expiable offense. Why? Because he has the mind of stealing and has made the effort, but the object has not come into his hand, so the offense of stealing is not complete and the offense can be repented. If he waits for the bird to come 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 completed and the object has come into his hand. If the bird arrives at some other place, he commits a moderately expiable offense, because although he has the mind of stealing and has employed expedient means, he has not obtained the object, 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 upāsaka, with a mind of stealing, robs the jewel from the wild bird's beak, he commits a moderately expiable offense. If he waits for the wild bird to fly to him intending to seize it, he commits a slightly expiable offense. There is also the case where wild birds fly away carrying jewels, and some birds with owners rob the jewels from the wild birds' beaks; if the upāsaka, with a mind of stealing, robs the jewel from the beak of the bird with an owner, he commits an inexpiable offense. If the upāsaka, with a mind of stealing, waits for the bird with an owner to fly to him carrying the jewel, intending to seize it, he commits a moderately expiable offense. The rest is as stated above.

There is also the case where a bird with an owner flies away carrying a jewel, and the jewel is robbed by a wild bird; if the upāsaka, with a mind of stealing, robs 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 robbing it is lighter. If he waits for the wild bird to fly to him carrying the object, 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 light, while the offense of stealing from a bird with an owner is heavy—no matter how the wild birds and the birds with owners rob the jewel back and forth between themselves.