Adinnādānasikkhāpadaṁ
Adinnādānasikkhāpadaṁ #editing
background
while the Buddha was residing in the city of Rājagaha, the King Bimbisāra of Magadha issued a statement saying that all timbre in the forests of his kingdom could be used by the monks. Ven. Dhaniya who then had built several kuṭis for himself that had been subsequently destroyed, (did what?) used the statement to steal timber from the king's reserves. The Buddha then declared the second prjk and set the value of the object of prjk to be 5 pādas or more.
A group of chabbaggiya bhikkhus (did what?) stole cloth from a forest area and the Buddha amended the rule adding "gāmā vā araññā vā" to include both village and forest.
attitude of a judging bhikkhu
- a judging bhikkhu should always consider the monk as innocent until proven guilty and should try to find righteous ways his innocence is proven. If concluded as being guilty the offender should be sent to several vinaya teachers for their opinion and given a meditation subject before taking conclusions. The conclusion should be done by the offender himself.
explanation of pāḷi words
"adinnaṃ theyyasaṅkhātaṃ ādiyeyya"
- adinna (not given)
- according to doors:
not given (physically or verbally) or
not discarded or forsaken (physically, verbally or mentally)
- child example: a child inherits his inheritance but does not know. Is that propery adinna or not?→since by law he is the owner and he hasn't given it up it is adinna
- 5 characteristics of adinna (not given)
- anissaṭṭha (not relinquished)
- apariccatta (not abandoned)
- rakkhita (protected)
- gopita (guarded)
- mamāyita (something thought of as mine)
- stealing means taking something that belongs to another, knowing that it does not belong to oneself, without the owner’s consent. The group of minds that perform this act is called theyyasaṅkhāta
- ādiyeyya is a verb that means if taken / should take
"yathārūpe adinnādāne…tathārūpaṃ bhikkhu adinnaṃ ādiyamāno"
- this clause refers to the value of the object of pārājika which is one pāda or more
avaharaṇacitta (stealing mind) is→the thought of taking ownership of an object that one perceives to belong to another, not one's own, not discarded, not taking on trust or temporarily, without the consent of the owner
- 4 situations in which the avaharaṇacitta does not arise
- sakkasaññā (one perceives the object as belonging to oneself)
- paṁsukūlasaññā (one perceives the object as discarded)
- vissāsaggāhī (one takes the object out of trust on the owner)
- tāvakālikasaññā (one takes the object temporarily)
pāda #editing
- value for prjk: “pādaṃ vā pādārahaṃ vā atirekapādaṃ vā”
- nīlakahapaṇa
- it is called nīlakahāpaṇa, not because it is blue (nīla) in color, but because it has been made without defects through ancient sciences
- this kahāpaṇa is described in the Vimativinodanī Tīkā as: “Porāṇasatthānurūpaṃ uppādito vīsatimāsappamāṇauttama-suvaṇṇagghanakelakkhaṇa-sampanno nīlakahāpaṇo” which means a gold coin that weighs 20 mañcāḍi (a seed used as measurement) and its composition is not described
- 1 mañcāḍi = 1 madaṭiya = 8 rice grains (viyaṭa in SL)
- 1 pāda = 1/4 nīlakahapana of Rājagaha = 5 māsaka of gold 🥇
- 1 māsaka = 1 mañcāḍi = the weight of 8 rice grains (of gold)
- 1 pāda = 5 māsaka = the weight of 40 rice grains (of gold)
- 1 kahāpana = 4 pāda = 20 māsaka of gold
- according to this assumption one pāda equals five māsaka/mañcāḍi of gold
- 2 main interpretations +2 others
- 1st interpretation: a coin of pure gold
- 1 kahāpana = 20 mañcāḍi ((a seed used as measurement of weight) that were used in the city of Rājagaha)
- 2nd interpretation (more accepted): mixture of metals
- 1 kahāpana = 5 māsaka of gold, 5 of silver, 10 of copper, 1 rice grain of iron (for strengthening)
1 kahāpana = 40 rice grains of gold, 40 of silver, 80 of copper and 1 of iron
1 pāda = 1/4 kahāpana = 10 rice grain of gold, 10 silver, 20 copper, 1/4 iron
- other ideas:
- the value of the coin differs from its value as a currency (it is decided by the government)
- according to what the local government decides as a minimum for punishment
phandāpeti √phand↔(+acc) makes stir; makes tremble; lit. causes to shake #[[pāḷi vocab (1st year) ]]
pañcavīsati avahāra
5 pañcakas (means of stealing)
- nānābhaṇḍa pañcaka (inanimate or animate things)
- ādiyeyyāvahāra (litigation)
- false claim in court (dkṭ)
the owner doubts whether he will be able to keep the ownership of the property or not (tlc)
owner gives up hopes (prjk)
those who took bribes, gave false judgement, gave false evidences (prjk)
- note: lying outside of the pārājika sphere is a pācittiya offense, but here it is a pubbapayoga for pārājika, therefore a dkṭ
- hareyyāvahāra (while carrying someone else's property)
- if the carrier initiates (by volunteering to carry the object):
touching it (dkṭ)
shaking it (tlc)
lifting or moving it (prjk)
if the owner initiates (by requesting the monk to carry it):
intending to steal the monk touches it, shakes it, takes it (no offense)
false claim in court (dkṭ)
the owner doubts whether he will be able to keep the ownership of the property or not (tlc)
owner gives up hopes (prjk)
- what is the difference between the owner asking and the carrier volunteering? what if the owner gives up hopes without having made a claim? #q🙋🏼♂
- avahareyyāvahāra (by not returning, embezzlement)
- lying when the owner claims the object (dkṭ)
the owner doubts whether he will be able to keep the ownership of the property or not (tlc)
the owner gives up hopes:
- bhikkhu intends to return it after hurting the owner (not yet prjk)
- bhikkhu does not intend to return it (prjk)
if the item is lost due to carelessness (compensation owed)
if the item was damaged due to being used without permission (compensation owed)
whenever compensation is owed, if the bhikkhu gives up the intention to compensate (prjk)
- what if the object is damaged due to being used with permission or out of trust in the owner? is compensation owed in this case? what are the protocols in these cases? should the monks ask if the owner wants compensation or compensation is owed regardless? what if the object is lost but not due to carelessness such as the case of it being stolen? #q🙋🏼♂
- iriyāpathaṁ vikopeyyāvahāra (by getting the carrier to change the posture)
- monk intends to steal, orders, the carrier takes one step in the direction ordered (tlc)
the carrier takes a second step in the direction ordered (prjk)
the monk intends to steal and the carrier drops the item (prjk)
the monk intends to investigate the object, orders the carrier to drop it (?) and the carrier drops it (dkṭ), the monk intending to steal touches it (dkṭ), shakes it (tlc), takes it (prjk)
the monk threatens the carrier but does not order him to drop it, the carrier drops it out of fear (no offense), the monk takes the object as paṁsukūla (no offense)
if the owner asks for it back (one should give it back or compensate)
if the monk gives up the intention of giving it back or compensating (prjk)
- clarify some of these cases specially the dkṭ for ordering the owner to drop it. Dkṭ when that order is issued or when the owner drops it? it is only a dkṭ if one is intending on investigating the item for deciding whether or not to steal it, right? #q🙋🏼♂
- ṭhānācāveyyāvahāra (by moving the object from where it is kept)
- touching it (dkṭ)
shaking it (tlc)
moving it (prjk)
- (saṅketaṁ vītināmeyyavahāra) #q🙋🏼♂
- ekabhaṇḍa pañcaka (animate: animals, slaves...)
- ādiyeyyāvahāra
- hareyyāvahāra
- avahareyyāvahāra
- iriyāpathaṁ vikopeyyāvahāra
- ṭhānācāveyyāvahāra
- if conscious beings are included in the first category together with unconscious things why another category was made? #q🙋🏼♂
- sāhatthika pañcaka (by oneself)
- sāhatthikāvahāra (by oneself)
- touching it (dkṭ)
shaking it (tlc)
taking it (prjk)
- āṇattikāvahāra (by ordering another to steal immediately)
- giving or carrying an order to steal immediately (dkṭ)
the thief accepts the order (tlc for the first who ordered)
the item is stolen (all involved prjk)
if the instructions are not followed at any point in a chain of commands, the ones before that have no further offense
- nissaggiyāvahāra (smuggling, avoiding customs, throwing the object...)
- suṁkaghāta↔customs
- the value considered here is the value of the taxes
touches the object (dkṭ)
shakes it (tlc)
first step beyond the border (tlc)
second step beyond the border (prjk)
while standing before the customs border one throws the object beyond it (prjk)
one goes around the customs avoiding it (dkṭ)
one avoids taxes/payment for one's own body (there may be no offense in this case)
- if it is related to crossing the border why the dkṭ and tlc for touching and shaking it? #q🙋🏼♂
- atthasādhakāvahāra (an order with no time limit)
- ordering another to steal (dkṭ)
conveying the order to the next person (dkṭ for the conveyer)
thief accepts the order (tlc for the original orderer)
theft occurs (the original orderer is prjk at the time of the order, the thief at the time of the theft)
- āṇattikāvahāra / pubbapayoga is ordering another to steal something immediately, while atthasādhakāvahāra is ordering another to steal something whenever one is able to with no time limit ; and saṅketakamma is ordering another to steal something at a specific time
- is it correct to say that atthasādhaka volition instantly produces the fruit of defeat like how supramundane volition of magga instantly produces phala? isn't defeat just a convention? #q🙋🏼♂
- dhuranikkhepāvahāra (giving up the expectation)
- false claim (dkṭ)
the owner doubts whether he will be able to keep the ownership of the property or not (tlc)
owner gives up hopes (prjk)
this can occur by not paying debts
- pubbapayoga pañcaka (previous effort)
- pubbapayogāvahāra (offense incurred with the previous effort - the same as āṇattikāvahāra)
- if it is the same why would it be here? #q🙋🏼♂
- sahapayogāvahāra (offense incurred with the effort - taking land)
- by using two marks:
moving the first mark (tlc)
moving the second mark (prjk)
by using three marks:
moving the first mark (dkṭ)
moving the second (tlc)
moving the third (prjk)
by using many marks:
moving the first and subsequent marks (dkṭ)
moving the one before the last mark (tlc)
moving the last mark (prjk)
- saṅketakammāvahāra (an order with specific time)
- one orders another to steal at a certain time, the thief accepts but steals at another time (tlc for the orderer, prjk for the thief)
one orders another to steal at a specific time, the thief accepts and steals accordingly (prjk for the orderer at the time of the order, prjk for the thief at the time of the theft)
if the thief begins his efforts at the specified time but is only successful afterwards:
mahāsummatthera (prjk because the effort begun at the specified time)
mahāpadumatthera (not prjk)
- saṅketa √kit (m.)↔agreement; arrangement; engagement; appointment; rendezvous #[[pāḷi vocab (1st year) ]]
- why under this rule other āṇattika factors such as the means to steal or at which location, are not discussed as under killing? #q🙋🏼♂
- saṁvidāvahara (group theft)
- the value considered in this case is the total value stolen, not one's share
the moment the theft occurs all involved are prjk
- nimittakammāvahāra (giving signs)
- one makes a sign for another to steal, the thief does not steal according to the cue given (orderer not prjk, thief prjk)
if the thief steal according to the cue given (both prjk)
- theyyāvahāra pañcaka (stealing)
- theyyāvahāra (taking in a way that the owner does not see or feel)
- examples of theyyāvahāra: burglary, fraud, buying goods with counterfeit money, taking things after promising to return but keeping them, selling things which are not what they are supposed to be, the example of the hunter
- pasayhāvahāra (robbery, taking properties by force, by beating, hurting, frightening, threatening, plundering)
- parikappāvahāra (placing conditions on the object (bhaṇḍa) or place (okāsa))
- bhaṇḍa parikappāvahāra:
looking to steal a cloth one picks up a bag thinking "if there is a cloth in this bag I will steal it", seeing no cloth one puts it down and leaves (no offense), if there is a cloth inside (prjk)
if while carrying the bag to examine what is inside the owners see it and one drops it and flees (no offense), if the owners do not see the bag and the monk comes back and takes it as paṁsukūla (no prjk, compensation owed)
if after examining the bag he leaves it somewhere where it gets lost (compensation owed)
if after examining the bag he finds something of his interest and with the intention to steal takes it (prjk)
if while carrying the bag he thinks “I will take whatever is there” and takes one step (tlc) and a second step (prjk)
okāsa parikappāvahāra:
if one takes an object thinking "if no one sees me and I can go beyond that door I will steal it":
one drops it (no offense)
one takes it beyond the door (prjk)
- paṭicchannāvahāra (stealing by concealing / covering the object)
- one conceals the object by burying it changing its location (prjk)
one conceals the object by covering it without changing its location (no offense), at a later time one takes the object with the intention to steal (prjk), if taken with the perception of paṁsukūla (no offense), if the owner claims it (compensation owed)
- what is okāsapaṭicchannāvahāra? #q🙋🏼♂
- isn't covering it a pubbapayoga for stealing? anāpatti seem underrated
- kusāvahāra (swapping lots)
- one takes one's own lot and places it on another's place (no offense), one takes the other's lot (prjk)
one takes another's lot and places it on one's own place (not prjk yet), one then takes one's own lot and places it on another's place (prjk)
one hides one's own and another's lot and tricks another into taking one's own lot (not yet prjk), one then proceed to taking the other's lot (prjk)
if another offers his lot and one takes it (no offense)
if one says to another to take whichever one he prefers, he takes the smaller lot and one then takes the larger lot (no offense)
instances of offences
according to the value
- 1 pāda / 5 māsaka or more ⇒ prjk
less than 5 māsaka but more than 1 māsaka ⇒tlc
1 māsaka or less ⇒dkṭ
according to stages of effort
- what is pubbapayoga and sahapayoga?→pubbapayoga are the actions which are on the way to prjk but still distant from it; sahapayoga are the actions which are close to the prjk #tbc🕵
10 anāpatti (non-offense)
sasaññissa / sakasaññissa (perceiving the object as one's own) #q🙋🏼♂
vissāsaggāhe (taking permanently on trust)
- vissāsaggāhī (taking permanently on trust) has 5 factors to be fulfilled (the last 2 being compulsory with regard to one of the first three): #q🙋🏼♂
- sandiṭṭho - the owner is an acquaintance, a friend-at-fist-sight
- sambhatto - the owner is intimate; a close companion, a die-hard friend
- ālapito - it has been addressed; the owner has spoken of the matter (such as saying: "you may take this and that")
- jīvati - the owner is alive
- gahite ca attamano - one believes the owner will be pleased with one taking it
tāvakālike (taking temporarily)
petapariggahe - objects that belong to non-human beings will not result in any offence
tiracchānagatapariggahe - objects that belong to animal will not result in any offence
paṁsukūlasaññissa (perceiving the object as discarded, ownerless)
- if there turns out to be an owner who claims the object it should be returned or compensated
ummattakassa
khittacittassa
vedanaṭṭassa
ādikammikassa (Bh. Dhaniya)
- were the chabbaggiyas also ādikammikassa? #q🙋🏼♂
5 sambhāra
parapariggahitaṁ (another human's belonging)
parapariggahitasaññita (perceiving it as such)
garuparikkhāro (it has a value of a pāda or more)
theyyacittam (stealing mind)
avaharanaṁ (taking it by any of the 25 means)
apart from the value of the object is there any other difference between these factors and the factors for the kammapatha? #q🙋🏼♂
