Cullavagga - First Khandhaka: Chapter 2

1. 'There are three things, O Bhikkhus, by which, when a Tagganiya-kamma is
characterised, it is against the Dhamma, and against the Vinaya, and difficult
to be settled; (that is to say), when it has not been carried out in a full
assembly of properly qualified persons, 'according to law and justice, and in
the presence of the litigant parties 3--when it has been carried out without the
accused person having been heard--when it has been carried out without the
accused person having confessed himself guilty. A Tagganiya-kamma, O Bhikkhus,
characterised
p. 333
by these three things is against the Dhamma, and against the Vinaya, and
difficult to be settled.
'There are other three things, O Bhikkhus, by which, when a Tagganiya-kamma has
been characterised, it is against the Dhamma, and against the Vinaya, and
difficult to be settled; (that is to say), when it has been carried out though
no fault has been committed--when it has been carried out for a Pârâgika or a
Samghâdisesa offence 1--when it has been carried out though the fault has been
confessed. A Tagganiya-kamma, O Bhikkhus, characterised (&c., as before, down
to) settled.
There are other three things, O Bhikkhus, by which, when a Tagganiya-kamma has
been characterised, it is against the Dhamma, and against the Vinaya, and
difficult to be settled; (that is to say), when it has been carried out without
the accused person having been warned--when it has been carried out without the
accused person having been called upon to remember (whether he has or has not
committed the offence)--when it has been carried out without the accused person
having been convicted. A Tagganiya-kamma, O Bhikkhus, characterised (&c., as
before, down to) settled.
'There are other three things, O Bhikkhus, by which, when a Tagganiya-kamma has
been characterised, it is against the Dhamma, and against the Vinaya, and
difficult to be settled; (that is to say), when it has not been carried out in a
properly constituted meeting properly conducted 2--when it has
p. 334
been carried out without justice 1--when it has been carried out without the
presence and approval of all the Bhikkhus belonging to the particular circuit 2.
A Tagganiya-kamma, O Bhikkhus, characterised by these three things is (&c., as
before, down to) settled.
There are other three things, O Bhikkhus, by which, when a Tagganiya-kamma has
been characterised, it is against the Dhamma, and against the Vinaya, and
difficult to be settled; (that is to say), when it has been carried out without
the accused person having been heard--when it has been carried out without
justice--when it has been carried out without the presence and approval of all
the Bhikkhus belonging to the circuit. A Tagganiya-kamma, O Bhikkhus,
characterised by these three things is (&c., as before, down to) settled.
'There are other three things (&c., as before, down to) that is to say, when it
has been carried out without the accused person having been convicted--when it
has been carried out without justice--when it has been carried out without the
presence and approval of all the Bhikkhus belonging to the circuit.'
[And in a similar way each of the three things in paragraphs 2 and 3 of this
section are united with the two things just repeated in each of paragraphs 4, 5,
and 6, to make six further cases in which a Tagganiya-kamma is declared to be
against the Dhamma, and against the Vinaya, and difficult to be revoked.]
__________________
Here end the twelve cases of a proceeding (Kamma) which is against the law.




Footnotes
332:2 Repeated below, chapters Io, 14, and 19.
332:3 All these details are involved in the meaning of the technical term
asammukhatâ, which is fully explained in Kullavagga IV, 14, 16, and following.
333:1 Buddhaghosa says, Adesanâgâminiyâ ti Pârâgikâpattiyâ vâ
Samghâdisesâpattiyâ vâ.
333:2 As in the first paragraph of this section more fully described, The word
here used is the same.
334:1 Adhammena; perhaps 'contrary to the Rules.'
334:2 Vaggena for vi + aggena, the opposite of samaggena. See our note on the
21st Pâkittiya, and Mahâvagga IX, 3, 5.