sexual misconduct

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From Suguno
QUOTE
Abandoning misconduct in sexual desires, he becomes one who abstains from misconduct in sexual desires: he does not have intercourse with such women as are protected by mother, father, (father and mother), brother, sister, relatives, as have a husband, as entail a penalty, and also those that are garlanded in token of betrothal. That is how there are three kinds of bodily conduct in accordance with the Dhamma, righteous conduct.
Saleyyaka Sutta
http://www.accesstoi…n.041.nymo.html

Buddhaghosa

Q. This Sutta does indeed deal with the Uposatha sila (the Eight Precepts), but what about the third precept in the pañca sila (the Five Precepts)? How many and what are the factors of this precept?
A. There are four factors of the third precept (kamesu micchacara):
agamaniya vatthu — that which should not be visited (the 20 groups of women).
tasmim sevana-cittam — the intention to have intercourse with anyone included in the above-mentioned groups.
sevanap-payogo — the effort at sexual intercourse.
maggena maggappatipatti — sexual contact through that adhivasanam effort.

Q. What are the twenty types of women?
A. By group name they are:
matu-rakkhita — A woman who is kept by her mother is called matu-rakkhita.
pitu-rakkhita — A woman who is kept by her father is called pitu-rakkhita.
mata-pitu-rakkhita — A woman who is kept by both her mother and father is called mata-pitu-rakkhita.
bhatu-rakkhita — A woman who is kept by her older or younger brother is called bhatu-rakkhita.
bhagini-rakkhita — A woman who is kept by her older or younger sister is called bhagini-rakkhita.
nati-rakkhita — A woman who is kept by her relatives is called nati-rakkhita.
gotta-rakkhita — A woman who is kept by her clansmen is called gotta-rakkhita.
dhamma-rakkhita — A woman who is kept by people who practice Dhamma under the same teacher is called dhamma-rakkhita.
sarakkha — A woman who is kept by her husband is called sarakkha.
sapari-danda — A woman of such and such name and address, for misbehaving with whom a king levies a fine against a man, is called sapari-danda.
dhanak-kita — A woman whose indentureship was bought by a man intending to make her his wife is called dhanak-kita.
chanda-vasini — A woman who lives with a man of her own free will is called chanda-vasini.
bhoga-vasini — A woman who becomes the wife of a man because of his wealth is called bhoga-vasini.
pata-vasini — A destitute woman who becomes the wife of a man out of hope for things such as clothes is called pata- vasini.
oda-patta-kini — A woman whom a man has asked for in marriage, during the solemnization of which the elders of the family take hold of the bride and groom’s hands, plunge the hands into a tray of water and give the blessing, “May both of you love each other and live happily together; do not break apart, just as the water in this tray does not break apart,” is called oda-patta-kini.
obhata-cumbata — A woman who, being released from a heavy burden by a man, then becomes his wife is called obhata-cumbata.
dasi ca bhariya ca — A slave woman whom a man marries is called dasi-bhariya.
kamma-karini ca bhariya ca — A workwoman whom a man marries is called kamma-karini-bhariya.
dhaja-hata — A woman whom a man wins in battle and then makes his wife is called dhaja-hata.
muhut-tika — A woman living with a man for a certain period of time understanding that she is his wife is called muhut-tika.
Any man who encroaches on any one of these twenty groups of women, along with the factors mentioned above, breaks the third precept, kamesu micchacara.

Uposatha Sila
The Eight-Precept Observance

Venerable Bodhi commentary:

Misconduct is regard to sense pleasures is formally defined as “the volition with sexual intent occurring through the bodily door, causing transgression with an illicit partner”.8 The primary question this definition elicits is: who is to qualify as an illicit partner? For men, the text lists twenty types of women who are illicit partners. These can be grouped into three categories: (1) a woman who is under the protection of elders or other authorities charged with her care, e.g., a girl being cared for by parents, by an older brother or sister, by other relatives, or by the family as a whole; (2) a woman who is prohibited by convention, that is, close relatives forbidden under family tradition, nuns and other women vowed to observe celibacy as a spiritual discipline, and those forbidden as partners under the law of the land; and (3) a woman who is married or engaged to another man, even one bound to another man only by a temporary agreement. In the case of women, for those who are married any man other than a husband is an illicit partner. For all women a man forbidden by tradition or under religious rules is prohibited as a partner. For both men and women any violent, forced, or coercive union, whether by physical compulsion or psychological pressure, can be regarded as a transgression of the precept even when the partner is not otherwise illicit. But a man or woman who is widowed or divorced can freely remarry according to choice.

The texts mention four factors which must be present for a breach of the precept to be incurred: (1) an illicit partner, as defined above; (2) the thought or volition of engaging in sexual union with that person; (3) the act of engaging in union; and (4) the acceptance of the union. This last factor is added for the purpose of excluding from violation those who are unwillingly forced into improper sexual relations.

From:
Going for Refuge & Taking the Precepts
http://www.accesstoi…l282.html#prec2

“A wise man should avoid unchastity as (he would avoid falling into) a pit of glowing charcoal. If unable to lead a celibate life, he should not go to another’s wife
From:
Dhammika Sutta
Twenty Types of Women One Cannot Encroach On

(By Ñanavara Thera)

matu-rakkhita — A woman who is kept by her mother is called matu-rakkhita.
pitu-rakkhita — A woman who is kept by her father is called pitu-rakkhita.
mata-pitu-rakkhita — A woman who is kept by both her mother and father is called mata-pitu-rakkhita.
bhatu-rakkhita — A woman who is kept by her older or younger brother is called bhatu-rakkhita.
bhagini-rakkhita — A woman who is kept by her older or younger sister is called bhagini-rakkhita.
nati-rakkhita — A woman who is kept by her relatives is called nati-rakkhita.
gotta-rakkhita — A woman who is kept by her clansmen is called gotta-rakkhita.
dhamma-rakkhita — A woman who is kept by people who practice Dhamma under the same teacher is called dhamma-rakkhita.
sarakkha — A woman who is kept by her husband is called sarakkha.
sapari-danda — A woman of such and such name and address, for misbehaving with whom a king levies a fine against a man, is called sapari-danda.
dhanak-kita — A woman whose indentureship was bought by a man intending to make her his wife is called dhanak-kita.
chanda-vasini — A woman who lives with a man of her own free will is called chanda-vasini.
bhoga-vasini — A woman who becomes the wife of a man because of his wealth is called bhoga-vasini.
pata-vasini — A destitute woman who becomes the wife of a man out of hope for things such as clothes is called pata- vasini.
oda-patta-kini — A woman whom a man has asked for in marriage, during the solemnization of which the elders of the family take hold of the bride and groom’s hands, plunge the hands into a tray of water and give the blessing, “May both of you love each other and live happily together; do not break apart, just as the water in this tray does not break apart,” is called oda-patta-kini.
obhata-cumbata — A woman who, being released from a heavy burden by a man, then becomes his wife is called obhata-cumbata.
dasi ca bhariya ca — A slave woman whom a man marries is called dasi-bhariya.
kamma-karini ca bhariya ca — A workwoman whom a man marries is called kamma-karini-bhariya.
dhaja-hata — A woman whom a man wins in battle and then makes his wife is called dhaja-hata.
muhut-tika — A woman living with a man for a certain period of time understanding that she is his wife is called muhut-tika.
Any man who encroaches on any one of these twenty groups of women, along with the factors mentioned above, breaks the third precept.
Twenty Types of Women One Cannot Encroach On

(By Ñanavara Thera)

— A woman who is kept by her relatives
— A woman who is kept by people who practice Dhamma under the same teacher
— A woman of such and such name and address, for misbehaving
— A woman who lives with a man of her own free will
— A woman who becomes the wife of a man because of his wealth
— A destitute woman
— A slave woman
— A workwoman

Any man who encroaches on any one of these twenty groups of women, along with the factors mentioned above, breaks the third precept.

QUOTE

The commentaries to the Brahmajala-sutta and the Kangkha-vitarani cite two factors for the third precept:
sevanacittam — the intention to have sexual intercourse.
maggena maggap-pati-padanam — sexual contact through any one of the ‘paths’ (i.e., genitals, anus or mouth).
The commentary to the Khuddakapatha gives four factors for the third precept:
ajjha-caraniya-vatthu — the bases or paths for wrong conduct.
tattha sevanacittam — the intention to have sexual intercourse through any of the above ajjha-caraniya-vatthu.
sevanap-payogo — the effort at sexual intercourse.
sadiyanam — being pleased .

As far as I seem to understand those 20 types of women – then there would actually not be one Layperson married and at the same time keeping the 3th precept? – And laypeople henceforth were living celibate like monks?

This is ridiculous!

kind regards…
Dear Wolfgang
I think you must be misunderstanding.

dhanak-kita — A woman whose indentureship was bought by a man intending to make her his wife is called dhanak-kita.
chanda-vasini — A woman who lives with a man of her own free will is called chanda-vasini.
bhoga-vasini — A woman who becomes the wife of a man because of his wealth is called bhoga-vasini.
pata-vasini — A destitute woman who becomes the wife of a man out of hope for things such as clothes is called pata- vasini.
oda-patta-kini — A woman whom a man has asked for in marriage, during the solemnization of which the elders of the family take hold of the bride and groom’s hands, plunge the hands into a tray of water and give the blessing, “May both of you love each other and live happily together; do not break apart, just as the water in this tray does not break apart,” is called oda-patta-kini.
obhata-cumbata — A woman who, being released from a heavy burden by a man, then becomes his wife is called obhata-cumbata.
dasi ca bhariya ca — A slave woman whom a man marries is called dasi-bhariya.

All of the above types are considered the property/wife of a man. The man is allowed to enjopy sex with his wife/wives – but if some other man seduces those women then the seducer is breaking the precept.
Dear Wolfgang
I think you must be misunderstanding.

All of the above types are considered the property/wife of a man. The man is allowed to enjoy sex with his wife/wives – but if some other man seduces those women then the seducer is breaking the precept.

I really misunderstood.

Because for me those 20 types of women are classified by living together with a man already (or in case of those living with relatives – adolescences) – and not by where they came from or what they did. In this way it boils down to 2 kinds. For me anyway.

With this – to me alien way – of categorizing, for sure one could make up an other 20 categories…

regards…
____________________
NINA van Gorkom
Dhamma Issue no 11.

Sexual Misconduct

Issue of Analysis: Is it sexual misconduct when a father seeks sexual
relations with his daughter?

Conclusion regarding the analysis of this issue:
When a father seeks sexual relations with his daughter it is surely sexual
misconduct.

The sources which support this conclusion:
1: Book of Discipline (I, Suttavibhaòga, Formal meeting (Saògaadisesa V).
2: Mangalattha Dípaní (Explanation of the Mangala Sutta, Minor Readings, no
5 by Ven. Sirimangala of Chiangmai), exposition on the Vinaya and on support
to child and spouse.

The explanation of the reason for this conclusion:
1. The father has the duty to guard his daughter so that she is protected
from sexual misconduct. But he himself has no right to have sensual contact
with her. We read in the ³Book of Discipline² (I, Suttavibhaòga, Formal
meeting, Saògådisesa V): ³Protected by the father means: the father
protects, guards, wields supremacy, has her under control [1] .²
We read in the ³Mangalattha Dípaní², exposition on the Vinaya, on sexual
misconduct: ³It is not possible that the mother and the other people who
protect the daughter guard her in order to themselves enjoy sensual contact
with her. Those who protect her only prevent her from misbehaviour,
forbidding her to go to other men. Therefore the mother and the other people
who protect her do not have the right of having sensual contact with her.²
Therefore, the father only has the duty to protect his daughter, but he
himself has no right to have sensual contact with her. If he misbehaves
with his daughter it is sexual misconduct.
2. We read in the Mangalattha Dípaní, in the exposition on support to child
and spouse: ³The girl who is protected by her own clans-people and by those
regarding the Dhamma, people who have gone forth on account of one teacher,
and belong to the same group, is said to be protected by her own
clans-people and by Dhamma [2].²
This shows us that even if a girl is without mother, father, brother, sister
or other family members who could protect and guard her, there must be
people of her own clan, or people of a group she belongs to who protect her.
Thus, if a man abuses that girl it is sexual misconduct.
3. We should undestand that there are different degrees in the eradication
of akusala. The monk should abstain altogether from sexual relations. With
regard to laypeople, there are unmarried laypeople who do not engage in
sexual relations and there are married laypeople who have sexual relations.
The Buddha prescribed moral rules for monks and he taught morality to
laypeople, in accordance with their status and inclinations. He laid down
the precepts for laypople such as the precept concerning sexual misconduct,
so that people with moral shame and fear of blame (hiri and ottappa, fear of
the consequences of evil) would understand to what extent akusala kamma is a
completed action (kamma patha) or not. However, someone may commit a bad
deed motivated by defilements which far exceed the generally accepted moral
conduct among human beings, such as in the case of a father who abuses his
daughter. This concerns a person who has no moral sense at all, who behaves
like an animal. This is evil which is more serious than a man¹s misconduct
with someone else¹s spouse.
4. The committing of akusala kamma patha does not have anything to do with
what people in society regard as right or wrong. The transgression in the
way of misconduct of a father towards his daughter motivated by unwholesome
intention (akusala cetanå) is certainly sexual misconduct.

******
Footnotes

1. The same is said with regard to the mother, parents, and members of the
family. The Commentary explains in which way the mother protects her, and
this also regards the father and members of the family.
As to protects: she lets her go nowhere.
As to guards: she puts her in a place so (well) guarded that other people
cannot see (her).
As to wields supremacy: restrains her from living in lodgings of her own
choice, and overrules her.
As to: has her under control: Saying Œdo this, do not do that.¹
2. This is said in the Commentary to the Vinaya. Her co-religionists protect
her.

*******
(translated from Thai)
Nina.

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