Sexual Misconduct - The third Precept -- by Jeffrey Po

The third of the 5 Precept (panca sila) calls for the undertaking of the precept to refrain from sexual misconduct. The Pali rendition runs, "Kamesu amesu micchacara veramani sikkhapadam samadiyami".

Nyanatiloka defines "kamesu micchacara" as "wrong or evil conduct with regards to sensual things; unlawful sexual intercourse; refers to adultery and to intercourse with minors or other persons under guardianship". Others view this as sexual misconduct; unchastity; wrongful sexual relations; wrongful sense gratifications.

To Buddhists, the abstention from those unlawful acts is one of the 5 moral rules (sikkhapada) that is binding to them. Sexual act not infringing upon the above definition does not make one guilty of transgressing the precept.

How may Buddhists living in today's secular world now react? It would be worthwhile here to clarify the scope of what is meant by "wrong or evil conduct" as well as the significance of what constitutes a person's moral behavior to be "unlawful".

Buddhist recognizes that sexual activities are the strongest instinct of living beings - more intense than the instinct for food and so on. In man this fundamental instinctive drive determines the very continual existence of the human species. As such, sexual stimulations are considered necessary for the purpose of procreation. Buddhist social philosophy however encourages certain restraint and that those desires should be lessened for the sake of one's spiritual development. Naturally, the ideal situation calls for the position of celibacy. But then such social position is not possible and practical for humans in general.

The dividing line that determines transgression of the precept is often vague and ambiguous. Social customs, habits and traditions differ from one society to the other. Hence, the question of what is "lawful" or "unlawful"; "moral" or "immoral", "good" or "evil" becomes difficult.

To overcome those issues, Buddhists adopt the following positions:

1. In the context of early Buddhistic era, all Bhikkhus and Bhikkhunis were to observe the position of total celibacy. For the lay people, sexual activities were permitted so long as both parties lived and behaved as "hushand and wife". Hence, maintaining more than one wife did not transgress the precept. For instance, King Bimbisara of Magadha, King Pasenadi of Kosala, King Udena of Kosambi, King Chandapajjotha of Avanti or even King Asoka possessed more than one wife. They were all staunch supporters of The Lord Buddha Gotama and Buddhism. However, there are 20 types of women a Buddhist is exhorted not to consort with (Anguttara Nikaya). They include:

i) A woman under the protection of her mother.

ii) A woman under the protection of her father.

iii) A woman under the protection of both father and mother.

iv) A woman under the protection of her brother

v) A woman under the protection of her sister.

vi) A woman under the protection of her relations.

vii) A woman under the protection of her family.

viii) A woman protectecd by customary law, e.g. nuns of religious orders, or a girl pledged or betrothed to any cause.

ix) A woman who has a special guardian - this may be her own husband, or some other special guardian.

x) A woman, by whose use, one renders himself liable to punishment. For example, a king orders that a certain woman is not to be used, or that the women of certain village or clan, are not to be used.

xi) A woman bought by a man for certain sum of money.

xii) A woman who lives with her husband, of her own choice, e.g. as a mistress, having fallen in love with him.

xiii) A woman who lives with a man in order that she might get her food from him, and is protected by him.

xiv) A woman who lives with a man so that she may obtain clothing from him.

xv) A woman who prepares the food of a man e.g. cook-woman who lives with him as a wife.

xvi) A woman who works hard collecting firewood, or other heavy weights, is relieved of this hardship by a man who takes her on as his wife. Such a woman is also thus protected.

xvii) A slave-wife who works in the house, and is also the man's wife.

xviii) A woman who does the household work, goes shopping etc - a type of house-keeper wife or, servant-wife.

xix) A woman brought after capture in battle - only the man who captured her, can have her for wife.

xx) Lastly, comes a temporary wife,: this is, a woman who is kept by a man for a time. As long as this man maintains her as his wife, another cannot use her.

Early Buddhists thus considered those 20 types as already being "owned" by others. "Kamesu micchacara" here is therefore implied as "wrongful" sexual relations with the opposite sex and "wrongful"' here referred to the use of the 20 types of females mentioned above.

Thus, polygamy, during the time of the Lord Buddha Gotama, is not frowned upon as something "evil" for the Lord Himself was not concerned with passing modes of thought or local customs which may vary in different geographical areas and regions. However, the Buddhist layman is constantly encouraged to develop self-control in his sexual urges for his own spiritual management and eventual stability of society.

2. Insofar as consorting with "prostitutes", the Lord Buddha Gotama was precise. The Parabhava Sutta (the Discourse on Downfall) clearly mentions;

Verse 17: "This then we learn is the eighth cause of one's downfall. Pray, O Blessed One, tell us the ninth cause of one's downfall".

Verse 18: "Not contented with one's own wives, if one is seen amongst courtesans and the wives of others - this is the cause of one's downfall'.

Note the plural form of the word "wives" - once again an indication that polygamy was socially acceptable. "Courtesans" also inferred "prostitutes".

3. It is obvious that the third precept arose not so much as the curbing of one's sexual conduct but because early Buddhists place more importance to urge for restrain of those activities on the level of thought (mental) rather than on the level of sensation. It was acknowledged that many individual moral decadence and social ills arose because lust arose firstly in the minds of humans.

In the very narrow sense, "kamesu" taken as singular part of speech is often looked upon as related to "sexual misconduct". In the broader sense, however, this term taken in the plural part of speech includes "gratifications of the fives senses". Hence, in the broad sense, the third precept calls for the undertaking of refrain from "sense gratifications arising from the 5 senses". This infers the moderation of sense gratitications, i.e. partaking of food; clothing oneself; looking after one's health and so forth and including that pertaining to sexual activities. It calls for the abstinence from all indulgences in the five sensuous objects, namely, visible object, sound or audible object, olfactory object, sap or gustative object and body impression or tactile object.

In summary, Buddhists view sexual activities as well as some form of sense gratifications as something necessary for lay people. Transgression of the third precept occurs if such activities overstep the boundaries of legalities set up by the society that we live in, i.e. one man-one wife; if those activities bring about moral decadence upon the individual and increases social instability to the family, community and society; if in excessiveness, such activities result in ill health and mental degeneration of the individual; if acts and behaviours go beyond the common consent of the family, community and society. The third precept is specially designed to curb or at least minimize the mental state in searching for sense gratifications, including excessive sexual indulgences and adventures even with one's wife. Perhaps in the words of Prof. H. Saddhatissa (Buddhist Ethics - Essence of Buddhism - 1970):

"In many places in Pali literatures, the fifth factor of kama, that is body impressions, has been interpreted as 'unlawful sexual intercourse'; it seems that it would be the most blameworthy of the five kamas. In representing kamesu micchacara as relating only to sexual intercourse, the grammatical form of kamma has been ignored; to achieve complete observance of the precept, one much therefore desist from the five forms of self-indulgence, both directly and indirectly".