Criteria for Determining Violation of Precepts Against Sexual Misconduct

The mind is the chief offender. If one engages in sexual acts without lustful intent, then there is no violation of the precepts. At the very least, in Mahayana Buddhism, the precepts primarily focus on the mind, observing the virtuous or unvirtuous nature of mental actions and mental states. Bodhisattvas on the higher grounds (bhumi) who have attained the first dhyana or above have eradicated the root of lustful mind. In order to guide and benefit sentient beings, they may sometimes engage in sexual acts out of necessity, yet their minds remain undisturbed, devoid of greed or desire. That is, during the act, they have no physiological reaction, their minds remain unmoved, and thus they fundamentally cannot violate the precepts. The Shurangama Sutra also states that those who have severed lustful desire experience sexual acts as tasteless as chewing wax, devoid of flavor, devoid of any pleasure, and devoid of any greedy enjoyment. Only with such a mind is there no violation of the precepts.

However, if one lacks the first dhyana or above, has not eradicated the affliction of greed and desire, and lacks mental control, one will inevitably transgress the boundaries and violate the precepts. Therefore, those not established in the first dhyana or above should never attempt to test their own spiritual attainment. Do not imitate such behavior, thinking "I too am unmoved, I will not violate the precepts." With insufficient wisdom and inability to comprehend what it means to be unmoved, one often cannot make accurate and truthful judgments.

The Mahayana Bodhisattva precepts discussed in the Yogācārabhūmi-śāstra are specifically explained for bodhisattvas on the higher grounds who possess the first dhyana. Bodhisattvas below the first ground (bhumi) cannot uphold them; they are incapable of doing so. Ordinary beings need not even be mentioned. Yet nowadays, some groups confer the Yogācāra Bodhisattva precepts upon ordinary beings. The very individuals conferring the precepts themselves lack the qualification to receive and uphold such precepts – how could they possibly be qualified to confer them upon others? It is utterly absurd. Sentient beings in the Saha world are mostly immature children of various ages, acting willfully and capriciously, making them difficult to teach and transform.

The sexual misconduct prohibited by the Five Precepts refers to the outward form (appearance) of the transgression. It is essential to distinguish between illicit sexual conduct and proper sexual conduct. Proper sexual conduct is that which occurs between legally married spouses, complies with legal regulations, is mutually agreeable, and does not violate the Five Precepts, though it may occasionally violate Bodhisattva precepts. Illicit sexual conduct is the opposite: improper, infringing upon the rights of citizens, harming the interests of the parties involved or related individuals. Unmarried cohabitation is not illegal nor does it violate the precepts, but it violates modern public order and good customs. In ancient times, there was no marriage system, no registration or certificates. According to modern rules, sexual conduct between spouses would also be considered unmarried cohabitation. However, this behavior gained acceptance from both families and society at large, not violating the moral standards of that time, and thus was considered proper.