Bird Poaching Offense

Original text from Section 2 of the Upāsaka Śīla Sūtra on the Five Precepts: Furthermore, if there are birds raised by an owner in a pond, and a layman, with an intent to steal, presses them into the pond water, he commits an expiable offence. If he lifts them out of the pond water, he commits an unexpiable offence. If birds raised by someone's household fly into a wild pond, and the layman, with an intent to steal, lifts them out of the water or sinks them to the bottom, he commits an unexpiable offence in both cases. Also, if a layman sees ornaments for inner and outer adornment on a pavilion or tower, and owned birds carry these objects away, and he, with an intent to steal, seizes these birds, he commits an unexpiable offence.

Explanation: There was an owner raising birds in pond water. A layman, with an intent to steal, pressed the birds into the pond water, committing an expiable offence. If he took the birds outside the pond water, he committed an unexpiable offence. If birds raised by someone else's household flew into a wild pond, and the layman, with an intent to steal, either removed the birds from the water or sank them to the bottom, he committed an unexpiable offence in both cases. Furthermore, a layman saw ornaments for inner and outer adornment on a pavilion or tower. Some owned birds flew away carrying these adornments. The layman, with an intent to steal, seized these birds, committing an unexpiable offence.

Why did the layman seize the birds? To obtain the adornments. Why did he want to obtain the adornments? Due to greed and attachment, because he had covetousness. Why did he have covetousness? Firstly, because he held the view of self (ātma-dṛṣṭi), and secondly, because he mistook self-interest for reality.

Original text: If, upon seeing a bird carrying a treasure and flying away, he waits from afar with an intent to steal, he commits a medium expiable offence. If he uses the power of a spell to cause the bird to go wherever he desires, he commits an unexpiable offence. If it goes elsewhere, he commits a medium expiable offence.

Explanation: If he sees a bird carrying a treasure flying in the air, and the layman, with an intent to steal, waits from afar for the bird to fly towards him, he commits a medium expiable offence. Why? Because he had the intent to steal and took preparatory action, but the object was not yet obtained; the theft was incomplete, so the offence is expiable. If the bird arrives and he obtains the treasure, he commits an unexpiable offence. If he uses the power of a spell to make the bird go to the place he desires in order to obtain the treasure, he commits an unexpiable offence. This is because the act of theft is completed and the object is obtained. If the bird goes to another place, he commits a medium expiable offence. Because although he had the intent to steal and employed preparatory means, he did not obtain the object, so the theft offence is not fully accomplished.

Original text: If a wild bird carries a treasure away, and a layman, with an intent to steal, seizes the wild bird and takes it, he commits a medium expiable offence. While waiting for the wild bird, he commits a minor expiable offence. Furthermore, if wild birds carry a treasure away, and owned birds seize it from the wild birds, and the layman, with an intent to steal, seizes the owned bird and takes it, he commits an unexpiable offence. If he waits for the bird at that time, he commits a medium expiable offence. The rest is as stated above. Also, if owned birds carry a treasure away, and it is seized by a wild bird, and the layman, with an intent to steal, seizes the wild bird and takes it, he commits a medium expiable offence. If he waits for the bird at that time, he also commits a medium expiable offence. The rest is also the same as above.

Explanation: If a wild bird carries a treasure away, and a layman, with an intent to steal, seizes the treasure from the wild bird's mouth, he commits a medium expiable offence. If he waits for the wild bird to fly towards him intending to seize it, he commits a minor expiable offence. Furthermore, if a wild bird carries a treasure away, and some owned birds seize the treasure from the wild bird's mouth, and the layman, with an intent to steal, seizes the treasure from the owned bird's mouth, he commits an unexpiable offence. If the layman, with an intent to steal, waits for the owned bird carrying the treasure to fly towards him intending to seize the treasure, he commits a medium expiable offence. The rest is the same as stated above.

Also, if an owned bird carries a treasure away, and the treasure is seized by a wild bird, and the layman, with an intent to steal, seizes the treasure from the wild bird's mouth, he commits a medium expiable offence. This is because the treasure at this point belongs to the ownerless (wild) bird, so the offence of seizing it is lighter. If he waits for the wild bird carrying the object to fly towards him, he also commits a medium expiable offence. The rest is the same as stated above.

When a wild bird carries a treasure, the treasure belongs to the wild bird. When an owned bird carries a treasure, the treasure belongs not only to the bird but also to the bird's owner. Therefore, the offence of stealing from a wild bird is lighter, while the offence of stealing from an owned bird is heavier. This holds regardless of how the wild bird and the owned bird mutually seize the treasure from each other.