Question: If a person is reborn as a human after death and, by coincidence, unearths the tomb of their previous life, but due to the veil of oblivion between rebirths, they are unaware that this tomb belongs to their previous incarnation—if they then take the burial goods, would this be considered with the owner's permission? If not, would this constitute theft?
Answer: If the owner remains unchanged—still the same person—it is not considered theft. It is akin to transferring an object from one's left hand to the right hand, or placing a necklace from around the neck into a handbag. Although this person is taking items that belonged to their past self, the act still carries the attribute of theft because there exists the intent to steal (cetanā). All karmic retribution for good and evil deeds is primarily determined by the mind; without intent, there is no karmic retribution for good or evil. However, since this person is taking their own property, it does not infringe upon another person. The item has not been transferred from another to oneself, and ownership has not changed hands. Therefore, the karmic offense of theft is not fully consummated—the theft was not successful—resulting in only minor karmic retribution.
Consider this analogy: Someone clearly intends to steal a specific item from another's home. They search thoroughly but fail to find that item. Although the intent to steal and the act of searching (preparatory action) exist, the offense of theft is not consummated. Or, they are about to take the item when the owner returns, forcing them to abandon the item and escape. The act of theft was halfway completed but then abandoned, so the offense of theft is not consummated. These examples illustrate that while the intent to steal exists, the karmic offense of theft is not fully established because the item was not successfully transferred. Consequently, judgment will be lenient, and the karmic retribution will be minor.
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