Overview
The legal hermeneutics of the Vinaya are intensely precise. For a monk to break the 2nd Pārājika rule (resulting in permanent expulsion) or for a layperson to fully break the 2nd precept, the act of stealing must pass a stringent five-part test. If even one of these five legal elements is missing, the crime is technically incomplete or drops to a lesser category of offense.
The List
- Paraparigghitaṃ - Belonging to Another: The physical object must genuinely be owned or legally protected by another living human being or entity.
- Paraparigghitasaddhi - Awareness of Ownership: The perpetrator must clearly know and perceive that the object belongs to another (it is not abandoned or a discarded rag).
- Theyyacittaṃ - Larcenous Intent: The perpetrator must actively hold a thieving mind, intending to permanently deprive the owner of the object.
- Upakkamo - Physical Effort: The execution of an actual physical act, plan, or effort to steal the item.
- Avahāro - Physical Displacement: The ultimate legal trigger. The object must be physically moved, shifted, or removed from its original position due to that action.
Textual References
- Commentary: Samantapāsādikā (Commentary on the 2nd Pārājika) – Provides the exhaustive case-law breakdown utilized by monastic councils to judge cases of theft.