1. Now at that time Bhikkhus had disputes with Bhikkhus, and Bhikkhunîs with
Bhikkhus. And the Bhikkhu Khanna 2, forcing his way (into the apartments) of the
Bhikkhunîs took the part of the Bhikkhunîs 3, and disputed with the Bhikkhus.
p. 35
Those Bhikkhus who were moderate were indignant, etc. . . . told the Blessed One,
etc. . . . he addressed the Bhikkhus, and said:
2. 'There are, O Bhikkhus, the following four kinds of legal questions that
require formal settlement by the Samgha; (that is to say), legal questions
arising out of disputes, legal questions arising out of censure, legal questions
arising out of offences, legal questions arising out of business 1.
'Among these, what is a legal question arising out of dispute? This, O Bhikkhus,
is when Bhikkhus dispute, saying, "This is Dhamma," or "This is not Dhamma," or
"This is Vinaya," or "This is not Vinaya," or "This is taught and spoken by the
Tathâgata," or "This is not taught nor spoken by the Tathâgata," or "This has
been practised by the Tathâgata," or "This has not been practised by the
Tathâgata," or "This has been ordained by the Tathâgata," or "This has not been
ordained by the Tathâgata," or "This is an offence," or "This is not an
offence," or "This is a slight offence," or "This is a grievous offence," or
"This is an offence which can be done away," or "This is an offence which cannot
be done away 2," or "This is a most grave offence," or "This is not a most grave
p. 36
offence." Whatsoever quarrel, strife, controversy, difference of opinion,
contradiction, opposition, cantankerousness 1, or contention there may be on
such a matter, this is called a legal question arising out of dispute.
'And among these, which is a legal question arising out of censure? This, O
Bhikkhu, is when Bhikkhus charge a Bhikkhu with a fault of morality, or of
conduct, or of opinion, or of means of livelihood. Whatsoever charge, censure,
incrimination 2, admonition 2, candid opinion 3, making of excuses 4 for a
person, or making fun of him, there may be, that is called a legal question
arising out of censure.
'And among these, what is a legal question arising out of offence? The five
groups of offences 5 are subjects of legal questions of offences, and the seven
groups of offences 6 are subjects of legal questions of offence. This is what is
called a legal question arising out of offence.
'And among these, what is a legal question of business? Whatsoever is to the
Samgha a matter which ought to be done, an obligation, a matter for which leave
ought to be formally asked, the proposal
p. 37
of a resolution 1, the proceeding by is a ñatti-dutiya-kamma 2, or by
ñatti-katuttha-kamma 2, that is called a legal question of business.
3. 'What is that which gives rise to a legal question of dispute? There are six
causes of dispute that give rise to legal questions of dispute. And there are
three causes of wrong-doing that give rise to legal questions of dispute, and
three causes of right-doing that give rise to legal questions of dispute. And
which are these six?
'In the first place, O Bhikkhus, there is the Bhikkhu who is angry, and who
bears enmity in his heart. Whatsoever Bhikkhu, O Bhikkhus, is such an angry man
bearing enmity in his heart, he remains without reverence for, and without
delight in the Teacher, the Dhamma, and the Samgha, and does not fulfil all the
duties of a disciple. And whatsoever Bhikkhu, O Bhikkhus, remains without
reverence for, and without delight in the Teacher, the Dhamma, and the Samgha,
and does not fulfil all the duties of a disciple, he causes disputes to arise in
the Samgha, and such a dispute becomes a cause
p. 38
of woe, and of want, and of disaster to the great multitudes, of woe and of want
to gods and men. If you, therefore, O Bhikkhus, perceive such a one, a root of
disputes both internal and external, do you exert yourselves, O Bhikkhus, to put
away from you so evil a person, the root of those disputes. If you perceive, O
Bhikkhus, no such person, take pains lest any such evil root of disputes should
thereafter arise among you. Thus will so evil a root of disputes be put away
from you, and thus will no such evil person, the root of. disputes, arise
hereafter among you.
'Again, O Bhikkhus, there is the Bhikkhu, who is a hypocrite 1, and who hides
his faults; who is envious and jealous; who is crafty and treacherous; who has
sinful desires and false beliefs; who is tarnished by love of worldly gain,
devoted to getting and taking, for whom to renounce a thing is hard. Whatsoever
Bhikkhu, O Bhikkhus, is thus a hypocrite, who hides his faults, he remains [&c.,
as before, the whole of the last paragraph down to the end being repeated in
each of the cases here enumerated].
4. 'And which are the three causes of wrong-doing which give rise to legal
questions of dispute?
'Herein, O Bhikkhus, men of greedy mind are given to dispute, men of evil mind
are given to dispute, men of foolish mind are given to dispute, saying, "This is
Dhamma," or "This is not Dhamma" [&c., as before, in § 2, down to] or "This is
not a
p. 39
most grave offence." These are the three causes of wrong-doing which give rise
to legal questions of dispute.
'And which are the three causes of right-doing which give rise to legal
questions of dispute?
'In the first place, O Bhikkhus, men not of greedy mind [&c., as in the last
paragraph, inserting the word "not"].
5. 'And what is that, O Bhikkhus, which gives rise to legal questions of
censure? There are six causes of censure that give rise to legal questions of
censure. And there are three causes of wrong-doing that give rise to legal
questions of censure. And there are three causes of right-doing that give rise
to legal questions of censure. And the body gives rise to legal questions of
censure, and speech gives rise to legal questions of censure.'
[The six are word for word the same as in the last section, reading 'censure'
for 'dispute.']
'And which are the three causes of wrong-doing that give rise to legal questions
of censure?
'Herein, O Bhikkhus, men of greedy mind are given to censure, men of evil mind
are given to censure, men of foolish mind are given to censure, accusing others
of breaches of morality, or of behaviour, or of error in doctrine, or of
adopting a wrong means of livelihood. These are the three causes of wrong-doing
that give rise to legal questions of censure.'
[There follow the three causes of right-doing, reading 'men not of greedy mind,'
&c., as before, end of § 4.]
And how does the body give rise to legal questions of censure? In case a man be
ill-favoured,
p. 40
or ugly, or a dwarf 1, or diseased, or blind of one eye, or lame, or humpbacked,
or crippled, people find fault with him on that account. This is how the body
gives rise to legal questions of censure.
'And how does speech give rise to legal questions of censure? In case a man have
a bad voice, or be indistinct, or harsh in speech 2, then people find fault with
him on that account. This is how speech gives rise to legal questions of
censure.
6. 'And what is it that gives rise to legal questions of offence? There are six
origins of offence that give rise to legal questions of offence. There is an
offence that originates in deed, but not in word nor in thought. There is an
offence that originates in word, but not in deed nor in thought. There is an
offence that originates in deed and in word, but not in thought. There is an
offence that originates in deed and in thought, but not in word. There is an
offence that originates in word and in thought, but not in deed. There is an
offence that originates in deed and in word and in thought. These are the six
(&c.)
7. 'And what is that which gives rise to legal questions of business? There is
one thing that gives rise to legal questions of business, that is to say, the
Samgha.
p. 41
8. 'Legal questions of dispute. Right. Wrong. Undetermined 1.
'A legal question arising out of dispute may be right, and it may be wrong, and
it may be undetermined. Of these, which is the legal question arising out of
dispute which is right?
'In case, O Bhikkhus, the Bhikkhu of right mind discuss, saying, "This is the
Dhamma," or "This is not the Dhamma" (&c., as before, in § 2, down to) or "This
is not a most grave offence." Whatsoever quarrel, strife, contention, difference
of opinion, contradiction, opposition, cantankerousness, or contention there may
be in such a discussion is called a legal question arising out of dispute that
is right.'
[And so when the Bhikkhus have a wrong mind, or an undetermined mind, the legal
question arising out of such dispute is respectively a legal question arising
out of dispute that is wrong or undetermined.]
9. 'Legal questions of censure. Right. Wrong. Undetermined.'
[It may be either of the three, according as the Bhikkhus censuring (as in § 5)
have a right, wrong, or an undetermined mind. The form of the paragraph
corresponds to § 8 throughout.]
10. 'Legal questions of offence. Right. Wrong. Undetermined.
There may be a legal question whether an offence is wrong, and there may be a
legal question
p. 42
whether an offence is undetermined. There is no legal question whether an
offence be right.
'Of these, which is a legal question whether an offence be wrong? Whatsoever
transgression be committed knowingly, consciously, and deliberately, this is
called a legal question whether an offence be wrong.
'And of these, which is a legal question whether an offence be undetermined?
Whatsoever transgression be committed not knowingly, not consciously, not
deliberately, this is called a legal question whether an offence be
undetermined.
11. 'Legal questions of business. Right. Wrong. Undetermined.'
[It maybe all three, according as the Bhikkhus performing the business
specified, as in § 2, are right-minded, wrong-minded, or of undetermined mind.
The form of the paragraph as in § 8 throughout.]
12. 'Disputes, legal questions arising out of disputes. Dispute which is no
legal question. Legal question which is no dispute. Matter which is both legal
question and dispute.
'There may be a dispute which is a legal question of dispute. There may be a
dispute which is no legal question. There may be such a legal question which is
no dispute. There may be such a legal question and also a dispute.
Of these, which is the dispute which is a legal question of dispute requiring
formal settlement? In case Bhikkhus discuss, saying, "This is Dhamma" [&c., as
before, in § 2], or "This is not a most grave offence." Whatsoever quarrel,
strife [&c., as in § 2] there may be on such a matter is a dispute which is a
legal question of dispute requiring formal settlement.
p. 43
'And of these, which is a dispute which is not a legal question requiring formal
settlement? When a mother disputes with her son, or a son with his mother, or a
father with his son, or a son with his father, or a brother with a brother, or a
brother with a sister, or a sister with a brother, or a friend with a friend.
Such a dispute is not a legal question requiring formal settlement by the
Samgha.
'And of these, which is a legal question that is not a dispute? A legal question
of censure, or a legal question of offence, or a legal question of business.
This is a legal question which is not a dispute.
'And of these, which is a legal question requiring formal settlement which is
also a dispute? A legal question of dispute that requires formal settlement by
the Samgha is both such a legal question and also a dispute.'
13. [The same distinction drawn between censure, and a legal question of censure
requiring formal settlement.]
14. 'Offence. Legal question arising out of an offence. Offence which is not
subject of a legal question. Legal question and no offence. Legal question and
offence too.
'There may be an offence which is subject of a legal question of offence. There
may be an offence and no legal question. There may be legal question and no
offence. There may be legal question and offence too.
Of these, which is the offence which may be subject of a legal question? The
five groups of offences are subjects of legal questions of offence; the seven
groups of offences are subjects of legal questions of offence. These are
offences which may be subject of a legal question.
p. 44
And of these, which is an offence (Âpatti) which is not subject of a legal
question? Conversion, higher attainment (sot-âpatti, sam-âpatti), these are
âpattis which are not subjects of a legal question 1. These are âpattis not
subjects of a legal question.
'And of these, what is the legal question where there is no offence? A legal
question of official duty, a legal question of censure, a legal question of
dispute. These are legal questions where there may be no offence.
'And of these, which is the case in which there is both a legal question and an
offence too? A legal question regarding an offence is a case in which there is
both a legal question and an offence too.
15. 'Official duty which is subject of a legal question of business. Duty and no
legal question. Legal question and no duty. Legal question and duty too.
'There may be [each of these four].
'Of these, which is official duty which is subject of a legal question?
Whatsoever is to the Samgha a thing which ought to be done, an obligation, a
matter for which leave ought to be formally asked, the proposal of a resolution,
the proceeding by ñatti-dutiya-kamma, or by ñatti-katuttha-kamma, that is
official duty which may be the subject of a legal question of business.
p. 45
'And of these, which is the official duty which is not subject of legal
question? The duties of an âkariya, of an upagghâya, of a fellow pupil under the
same upagghâya or âkariya, that is business, but not subject of a legal question
of business.
'And of these, which is a legal question but not official duty? A legal question
arising out of dispute, a legal question arising out of censure, a legal
question arising out of offence. This is a legal question of business, but not
official duty.
'And of these, which is both legal question and official duty too? A legal
question arising out of official business is both legal question of business and
official duty too 1.
16. 'But by what kind of settlements is a legal question arising out of dispute
brought to settlement? By two kinds of settlement, by the Proceeding in presence
2, and by the Proceeding by majority of the Samgha 3.
'If one should ask, "Can it be that a legal question arising out of dispute
without recourse having been had to the one mode of settlement--to wit, the
Proceeding by majority of the Samgha--can it be that it may be settled by the
other mode of settlement, to wit, by the Proceeding in presence?" He should be
told "Yes, it can." (If he should say), "How may that be?" the answer should be
as follows: "In
p. 46
the case when the Bhikkhus dispute, saying, 'This is the Dhamma,' or 'This is
not the Dhamma' (&c., as before, in § 2, down to), or 'This is not a most grave
offence.'" If, O Bhikkhus, those Bhikkhus, are able to settle their own dispute,
that is called, O Bhikkhus, the settlement of the dispute.
' 1And how has it been settled? By the Proceeding in presence.
'And what must there be in such a Proceeding in presence? There must be the
presence of the Samgha, the presence of the Dhamma, the presence of the Vinaya,
and the presence of the particular person.
'And therein, what is the presence of the Samgha? As many Bhikkhus as are
capable of taking part in the proceeding 2, they must be present. The formal
consent must be produced of those who are in a fit state to convey their consent
3. Those who are present must have lodged no objection (against any one of them
taking part in the proceeding) 4. This is the "presence" in such a matter of the
Samgha.
'And of these, what is the presence of the Dhamma, and the presence of the
Vinaya? The Dhamma, and the Vinaya, and the teaching of the Master by the aid of
which that legal question is settled. That is the "presence" in such a matter of
the Dhamma, and of the Vinaya.
'And of these, what is the presence of the particular
p. 47
person? He who disputes, and he with whom he disputes--both friends and
foes--must be present. That is the "presence" in such a matter of the particular
person.
'When a legal question, O Bhikkhus, has beer. thus settled, if a disputant
re-open the question, such re-opening of the question is a Pâkittiya 1. If one
who has conveyed his consent complain of the decision, such complaint is a
Pâkittiya 2.
17. 'If those Bhikkhus, O Bhikkhus, are not able to settle the legal question
within their own residence (Âvâsa), those Bhikkhus should go, O Bhikkhus, to
some residence in which there are a larger number of Bhikkhus. Then if those
Bhikkhus, O Bhikkhus, should succeed, whilst on their way to that residence, in
settling the legal question, that, O Bhikkhus, is called a settlement of it. And
how has it been settled? (&c., as in the last paragraph of the previous section,
down to the end.)
18. 'If those Bhikkhus are not able, O Bhikkhus, to settle the legal question
whilst they are on their way to that residence, then those Bhikkhus, on their
arrival at that residence, are to address the Bhikkhus at that residence thus:
"Such and such a legal question, Sirs, has arisen thus, and has been carried on
thus amongst us. It would be well if you, Sirs, would settle that legal question
for us according to the Dhamma, and according to the Vinaya, and according to
the teaching of the Master, to the end that that legal question may be
thoroughly settled." If the Bhikkhus dwelling in that residence
p. 48
are the senior, and the incoming Bhikkhus are junior, then the Bhikkhus dwelling
in that residence are, O Bhikkhus, to address the incoming Bhikkhus thus: "Pray,
Sirs, rest a moment apart until we take counsel together!" If, on the other
hand, the Bhikkhus dwelling in that residence are junior, and the incoming
Bhikkhus are senior, then the Bhikkhus dwelling in that residence are, O
Bhikkhus, to address the incoming Bhikkhus thus: "Then remain here, Sirs, a
moment until we take counsel together." Then if, O Bhikkhus, the Bhikkhus
dwelling in that residence should, on consideration, think thus: "We shall not
be able to settle this legal question according to the Dhamma, and according to
the Vinaya, and according to the teaching of the Master," then that dispute is
not to be entrusted to them. If, on the other hand, O Bhikkhus, the Bhikkhus
dwelling in that residence should, on consideration, think thus: "We shall be
able to settle this legal question in accordance with the Dhamma, and in
accordance with the Vinaya, and in accordance with the teaching of the Master,"
then, O Bhikkhus, the Bhikkhus dwelling in that residence are to address the
incoming Bhikkhus thus: "If you, Sirs, let us know about this legal question,
how it arose, and how it was carried on, and if you agree that in the manner in
which we may settle the legal question according to the Dhamma, and according to
the Vinaya, and according to the teaching of the Master, in that manner it shall
be settled, then we will thus accept the legal question at your hands. But if
not (&c., the whole being repeated), then we will not accept it." When they have
thus, O Bhikkhus, brought
p. 49
it about that the proper way of putting the legal question (the point at issue)
has been settled, the Bhikkhus dwelling in that residence should undertake that
legal question. And then the Bhikkhus dwelling in that residence should be
addressed, O Bhikkhus, by the incoming Bhikkhus thus: "We inform you, Sirs, how
this legal question arose and how it was carried on. If you, Sirs, are able in
such and such a time 1 to settle this legal question according to the Dhamma,
and according to the Vinaya, and according to the teaching of the Master, then
will we entrust this legal question to you. But if you, Sirs, should not be able
to do so, then will we ourselves retain the custody of the case." Thus, O
Bhikkhus, is that legal question to be entrusted by the incoming Bhikkhus to the
Bhikkhus dwelling in that residence, causing them duly to accept it. If those
Bhikkhus, O Bhikkhus, are able to settle the case, that, O Bhikkhus, is called a
settlement of the legal question. And how has it been settled? (&c., as in last
paragraph of § 16, down to the end.)
19. 'If, O Bhikkhus, whilst the case is being enquired into by those Bhikkhus,
pointless speeches are brought forth, and the sense of any single utterance is
not clear 2, I enjoin upon you, O Bhikkhus, to settle the case by referring it
(to a jury or commission) 3.
p. 50
'A Bhikkhu to be chosen on such a jury must be possessed of ten qualities--he
must be virtuous--he must be living enclosed by the restraint of the rules of
the Pâtimokkha--he must be upright in life, trained according to the precepts,
taking them upon himself with a sense of the danger in the least offence 1--he
must be versed in the tradition, a custodian of the tradition, a storehouse of
the tradition--whatsoever truths, lovely in their origin, lovely in their
progress, lovely in their consummation, set forth the higher life, both in its
spirit and in its letter, in all its purity and in all its perfectness 2, in
such truths must he be well versed, of such must he be full, they must be laid
up in his words 3, and dwelt on in his heart, being penetrated throughout
through right insight 4--both the Pâtimokkhas must have
p. 51
been completely handed down to him in their full extent, he must have well
divided them, well established them, well investigated them, both sutta by sutta
and in every detail 1--further he must be an expert in the Vinaya, irrefutable
therein 2--he must be competent to point out (the right course) to both friends
and foes, to get them to understand a thing, get them to see it and recognise it
3, able to pacify them--he must be clever (in judging) both as to the origin and
as to the settlement of disputes--he must understand legal questions, the origin
thereof, the close thereof, and the way that leads to the close thereof.
'I enjoin upon you, O Bhikkhus, to appoint on the jury a Bhikkhu possessed of
these ten qualities 4.
20. 'And thus, O Bhikkhus, is he to be appointed. First, the Bhikkhu should be
asked (whether he be willing to undertake the office). Then some discreet and
able Bhikkhu should address the Samgha thus:
'"May the venerable Samgha hear me. Whilst this case was being enquired into
pointless speeches were brought forth amongst us, and the sense of no single
utterance was clear. If the time seems meet
p. 52
to the venerable Samgha, let it appoint Bhikkhus of such and such a name, and of
such and such a name on a committee. This is the motion.
'"Let the venerable Samgha hear me. Whilst (&c., . . . down to) no single
utterance was clear.
The Samgha appoints Bhikkhus of such and such names on a committee to settle
this case. Whosoever of the venerable ones approves of the appointment of such
and such Bhikkhus on the committee for the settlement of this case, let him be
silent. Whosoever approves not thereof, let him speak.
'"Such and such a Bhikkhu is appointed by the Samgha on the committee for the
settlement of this case. Therefore is it silent. Thus do I understand."
21. 'If then, O Bhikkhus, those Bhikkhus are able on the reference (or on the
committee) to settle the case, that, O Bhikkhus, is called a case that is
settled. And how is it settled? By the Proceeding in Presence 1. And what
therein is meant by the Proceeding in Presence? The Dhamma is represented, and
the Vinaya is represented, and the particular person is represented 2.
'And of these, what is the presence of the Dhamma (&c., as in § 16, down to the
end).
'If a dispute, O Bhikkhus, has been thus settled, if a disputant re-open the
question, such re-opening is a Pâkittiya 3.
22. 'If, O Bhikkhus, whilst the case is being
p. 53
enquired into by those Bhikkhus, there should be there a Bhikkhu who is a
preacher of the Dhamma, but neither has the Sutta 1 been handed down to him nor
the Sutta-vibhaṅga, and he not regarding the point of the case, reject the sense
for the shadow of the letter, then should the matter be laid before those
Bhikkhus by some discreet and able Bhikkhu thus:
'"Let the venerable ones hear me. This Bhikkhu of such and such a name is a
preacher of the Dhamma, but neither has the Sutta been handed down to him nor
the Sutta-vibhaṅga. And he, not regarding the point of the case, is rejecting
the sense for the shadow of the letter. If the time seems meet to the venerable
ones, let them send away 2 the Bhikkhu of such and such a name, and let the rest
of us settle this case."
'If those Bhikkhus, O Bhikkhus, should be able, after having sent away that
Bhikkhu, to settle the case, that is called a case that is settled. And how has
it been settled? By the Proceeding in Presence (&c., as in last section, down to
the end).'
23. (The same decision if the Sutta has been handed down to him, but not the
Sutta-vibhaṅga.)
24. 'If those Bhikkhus, O Bhikkhus, are not able by the committee to settle that
case, those Bhikkhus, O Bhikkhus, ought to hand over the case to the Samgha,
saying, "We, Sirs, are not able by a committee to settle this case, let the
Samgha settle it." I enjoin upon you, O Bhikkhus, to settle such a case by vote
of the majority (&c., as in chapter 9 to the
p. 54
end, as to the appointment of a taker of the voting tickets). By that Bhikkhu,
the taker of the voting tickets, are the votes to be collected. And according as
the larger number of Bhikkhus who are guided by the Dhamma shall speak, so shall
the case be decided. This, O Bhikkhus, is called a legal question that has been
settled.
'And how has it been settled? By the Proceeding in Presence and by the vote of
the majority. And what herein is meant by Proceeding in Presence? The presence
of the Samgha, and the presence of the Dhamma, and the presence of the Vinaya,
and the presence of the particular person. And of these, what is the presence of
the Samgha? (&c., as in § 16, down to) That is the presence in such a matter of
the particular person.
'And what herein is meant by the vote of the majority? The carrying out of, the
accomplishment of, the proceeding by, the undertaking of, the acceptance of, the
pacification by the official act (the Kamma) by the vote of the majority 1. That
is what is meant herein by the vote of the majority.
'When a legal question, O Bhikkhus, has been thus settled, if a disputant
re-open the question, such re-opening is a Pâkittiya. If one who has conveyed
his consent complain of the decision, such complaint is a Pâkittiya 2.'
25. Now at that time a certain legal question had arisen in such and such a
manner, and had grown up in such and such a manner at Sâvatthi. And those
p. 55
[paragraph continues] Bhikkhus were discontented with the settlement of the case
by the Samgha at Sâvatthi. And they heard that in a certain residence there were
dwelling a number of Theras versed in the traditions; men to whom the Agamas 1
had been handed down; reciters of the Dhamma, of the Vinaya, and of the Mâtikâs
2, learned, discreet, wise, modest, conscientious, anxious to learn. And they
thought, 'If those Theras would settle this case according to the Dhamma, and
according to the Vinaya, and according to the teaching of the Master, then would
this case be indeed well settled.' So those Bhikkhus went to that residence, and
spake to those Theras thus: 'This legal question, Sirs, has arisen in such and
such a manner, and has grown up in such and such a manner. It would be well if
the venerable Theras would settle the case according to the Dhamma, and
according to the Vinaya, and according to the teaching of the Master!' Then
those Theras, saying, 'Even as the case has been settled by the Samgha at
Sâvatthi, so is it well settled!' decided the case in the same way. Then those
Bhikkhus who had been discontented with the decision of the Samgha at Sâvatthi
were discontented with the decision of the number of Theras.
[The paragraph is repeated with the necessary alterations of consecutive
applications to three, two and one Thera with the same result.]
Then those Bhikkhus, discontented with the decision of the Samgha at Sâvatthi,
discontented with the decision of the number of Theras, discontented
p. 56
with the decision of the three Theras, discontented with the decision of the two
Theras, discontented with the decision of the single Thera, went up to the place
where the Blessed One was, and told the matter to the Blessed One.
This case, O Bhikkhus, is done with; having been once settled, it is settled for
good.
26 1. 'I enjoin upon you, O Bhikkhus, three ways of taking votes, in order to
appease such Bhikkhus 2--the secret method, the whispering method, and the open
method.
'And how, O Bhikkhus, is the secret method of taking votes? The Bhikkhu who is
the teller of the votes is to make the voting tickets of different colours, and
as each Bhikkhu comes up to him he is to say to him thus: "This is the ticket
for the man of such an opinion; this the ticket for the man of such an opinion.
Take whichever you like." When he has chosen (he is to add), "Don't show it to
anybody." If he ascertains that those whose opinion is against the Dhamma are in
the majority, he is to reject the vote as wrongly taken. If he ascertains that
those whose opinion is in accordance with the Dhamma are in the majority, he is
to report the vote as well taken. This, O Bhikkhus, is the secret method of
taking the votes.
'And how, O Bhikkhus, is the whispering method of taking votes? The Bhikkhu who
is the teller of the votes is to whisper in each Bhikkhu's ear, "This is the
ticket of those of such an opinion; this is the ticket of those of such an
opinion. Take whichever
p. 57
you like." When he has chosen (he is to add), "Don't tell anybody (which way you
have voted)." If he ascertains that those whose opinion is against the Dhamma
are in the majority, he is to reject the vote as wrongly taken. If he ascertains
that those whose opinion is in accordance with the Dhamma are in the majority,
he is to report the vote as well taken. Thus, O Bhikkhus, is the whispering
method of taking the votes.
And how, O Bhikkhus, is the open method of taking votes? If he ascertains
(beforehand) that those whose opinion is in accordance with the Dhamma are in
the majority, the vote is to be taken undisguisedly, openly. Thus, O Bhikkhus,
is the open method of taking the votes.
'These, O Bhikkhus, are the three methods of taking the votes 1.'
27. 'By how many kinds of settlement is a legal question arising out of censure
settled? A legal question arising out of censure can be settled by four kinds of
settlement--by the Proceeding in Presence--by the Proceeding for those who are
consciously innocent-by the Proceeding for those who are no longer out of their
mind--by the Proceeding for those who are obstinate.
'If one should ask, "Can it be that a legal question arising out of censure,
without recourse being had to two modes of settlement--to wit, the Proceeding
for those who are no longer out of their mind, and the
p. 58
[paragraph continues] Proceeding for those who are obstinate--may be settled by
the two other modes of settlement--to wit, the Proceeding in Presence, and the
Proceeding for those who are consciously innocent?" he should be told, "Yes, it
can." (If he should say), "How may that be?" the answer should be as follows:
'In case the Bhikkhus bring a groundless charge against a Bhikkhu of a breach of
morality. In respect thereof, O Bhikkhus, to that Bhikkhu whose memory in regard
to the matter is quite clear, the Proceeding for the consciously innocent is to
be accorded.
'And thus, O Bhikkhus, is to be granted (&c., as in chapter 4, § 10, down to the
end, with the necessary alterations for a general rule instead of a particular
case).
'This, O Bhikkhus, is called a legal question that has been settled. And how
settled? By the Proceeding in Presence, and by the Proceeding for the
consciously innocent. And what therein belongs to the Proceeding in Presence?
The presence of the Samgha, and the presence of the Dhamma, and the presence of
the Vinaya, and the presence of the particular person. And therein what is the
presence of the Samgha (&c., as in § 16, down to the end)? And what therein
belongs to the Proceeding for the consciously innocent? The carrying out of, the
accomplishment of; the proceeding by, the undertaking of, the acceptance of, the
pacification of the Proceeding for the consciously innocent 1. That is what
belongs herein to the Proceeding for the consciously innocent.'
p. 59
28. [This section bears exactly the same relation to chapter 5 as the last
section does to chapter 4, the form of the two sections being exactly the same
throughout.]
29 1. 'If one should ask, "Can it be that a legal question arising out of
censure, without recourse being had to two modes of settlement--to wit, the
Proceeding for those who are consciously innocent, and the Proceeding for those
who are no longer out of their mind--may be settled by the two other modes of
settlement--to wit, the Proceeding in Presence, and the Proceeding for those who
are obstinate?" he should be told, "Yes, it can." If he should say, "How may
that be?" the answer should be as follows:
'In case a Bhikkhu warn another Bhikkhu in the midst of the Samgha of a grievous
offence, and call upon him to recollect (whether he have. committed it or not),
saying, "Has the venerable one been guilty of such and such a grievous
offence--a Pârâgika offence, or an offence equivalent to a Pârâgika offence?"
And he replies thus, "I do not, Sir, call to mind that I have been guilty of
such and such a grievous offence--a Pârâgika offence, or an offence equivalent
to a Pârâgika offence." To him thus denying the other insists, saying, "Come
now, Sir, ascertain for certain whether you are conscious of having been guilty
of such and such a grievous
p. 60
offence--a Pârâgika offence, or an offence equivalent to a Pârâgika offence."
And he replies thus: "I do not, Sir, call to mind that I have been guilty of
such and such a grievous offence--a Pârâgika offence, or an offence equivalent
to a Pârâgika offence. But I do, Sir, recollect that I was guilty of such and
such a trifling offence." To him thus denying the other insists [as before]. And
he replies thus: "Seeing that I am willing, Sir, though you did not ask me, to
confess myself guilty of that trifling offence, why should I not confess, when
asked, such and such a grievous offence--a Pârâgika offence, or an offence
equivalent to a Pârâgika offence?" And the other rejoins, "But you do not
confess, Sir, even that trifling offence without being asked. How should you
confess, if you were not asked, the commission of such and such a grievous
offence--a Pârâgika offence, or one equivalent to a Pârâgika offence? Come now,
Sir, ascertain for certain whether you are conscious of having been guilty of
such and such a grievous offence--a Pârâgika offence, or one equivalent to .a.
Pârâgika offence?" And he replies, "Yes, I am conscious, Sir, of having
committed such and such an offence--a Pârâgika offence, or one equivalent to a
Pârâgika offence. In sport did I say, in fun did I say that I was not conscious
thereof"
'Then, O Bhikkhus, the Proceeding for those who are obstinate should be carried
out against that Bhikkhu.
'And thus should it be carried out (&c., as chapter 11, § 2, down to the end,
reading "such and such a Bhikkhu" for "Upavâla," and "grievous offence" for
"offence ").
p. 61
'This, O Bhikkhus, is called a legal question that has been settled. And how has
it been settled? By the Proceeding in Presence, and by the Proceeding for those
who are obstinate. And what therein belongs to the Proceeding in Presence? The
Presence of the Samgha (&c., as in § 16). And what therein belongs to the
Proceeding for those who are obstinate? The carrying out of, the accomplishment
of, the proceeding by, the undertaking of, the acceptance of, the pacification
of the official act (the Kamma) by the Proceeding for those who are obstinate.
That is what belongs therein to the Proceeding for those who are obstinate.
'When a legal question, O Bhikkhus, has been thus settled, if a disputant
re-open the question, such re-opening is a Pâkittiya. If one who has conveyed
his consent complain of the decision, such complaint is a Pâkittiya.
30. 'By how many modes of settlement is a legal question arising out of offence
settled? A legal question arising out of offence is settled by three modes of
settlement--to wit, by the Proceeding in Presence, and by the Proceeding on
confession of guilt, and by the Proceeding by covering over as with grass.
'If one should ask, "Can it be that a legal question arising out of offence,
without recourse being had to the one mode of settlement--to wit, the Proceeding
by covering over as with grass--may be settled by the other two modes--to wit,
the Proceeding in Presence, and the Proceeding on confession of guilt?" he
should be told, "Yes, it can." If he should say, "How may that be?" the answer
should be as follows:
p. 62
'In case a Bhikkhu has been guilty of a minor offence. That Bhikkhu, O Bhikkhus,
should go up to another Bhikkhu, and having arranged his upper robe over one
shoulder, and squatted down on his heels, and stretched forth his hands with the
palms held together, should speak as follows: "I, Sir, have been guilty of such
and such an offence; and that I confess." He should say, "Do you acknowledge
it?" "Yes; I acknowledge it." "May you restrain yourself in future 1!"
'This, O Bhikkhus, is called a legal question which has been settled. And how
has it been settled? By the Proceeding in Presence, and by the Proceeding on
confession of guilt. And what therein belongs to the Proceeding in Presence? The
presence of the Dhamma, and the presence of the Vinaya, and the presence of the
particular individual. And what therein is the presence of the Dhamma, and of
the Vinaya? The Dhamma, and the Vinaya, and the teaching of the Master, by the
aid of which that legal question is settled. That is the presence in such a
matter of the Dhamma, and of the Vinaya. And what therein is the presence of the
particular individual? He who confesses, and he to whom he confesses, both are
present. That is the presence of the particular individual in such a proceeding.
And what therein belongs to the Proceeding on confession of guilt? The carrying
out of, the accomplishment of, the proceeding by, the performance of, the
acceptance of, the pacification of the official act (the Kamma) by the
Proceeding on confession of
p. 63
guilt. That is what belongs therein to the Proceeding on confession of guilt.
'When a legal question, O Bhikkhus, has been thus settled, if a disputant
re-open the question, such re-opening is a Pâkittiya 1.
31. 'If he should thus receive (absolution), it is well. If he should not
receive it, that Bhikkhu, O Bhikkhus, should go up to a number of Bhikkhus, and
having arranged his upper robe over one shoulder, and bowed down before the
elder Bhikkhus, and squatted down on his heels, and stretched forth his two
hands with the palms held together, he should speak as follows: "I, Sirs, have
been guilty of such and such an offence, and that I confess." Then some discreet
and able Bhikkhu should lay the matter before those Bhikkhus, saying, "Let the
venerable ones hear me. This Bhikkhu, of such and such a name, is conscious of
an offence; and he discloses it, reveals it, confesses it. If the time seems
meet to the venerable ones, I would absolve 2 that Bhikkhu's offence." And he
should say, "Do you acknowledge it?" "Yes; I acknowledge it." "In future may you
restrain yourself!"
This, O Bhikkhus, is called a legal question which has been settled. And how has
it been settled? (&c., as in last section, down to the end.)
32. 'If he should thus receive absolution, it is well. If he should not receive
it, that Bhikkhu, O Bhikkhus, should go before the Samgha (&c., as in last
section, down to the end, then adding): And if one who has given his consent to
the proceeding
p. 64
thereafter make complaint thereof, that is a Pâkittiya.
33. 'If one should ask, "Can it be that a legal question arising out of offence,
without recourse being had to the one mode of settlement--to wit, the Proceeding
on confession of guilt--may be settled by the other two modes--to wit, by the
Proceeding in Presence, and by the Proceeding by covering over as with grass?"
he should be told, "Yes, it can." If he should say, "How may that be?" the
answer should be as follows:
'If while the Bhikkhus are continuing in quarrels (&c., as in chapter 13, §§ 1,
2, and 3, down to the end).
'This, O Bhikkhus, is called a legal question that has been settled. And how has
it been settled? By the Proceeding in Presence, and by the Proceeding by the
covering over as with grass.
'And what therein belongs to the Proceeding in Presence? The presence (&c., as
in § 16, down to) And what therein is the presence of the particular person? He
who confesses, and he to whom the confession is made 1, both are present. This
is the presence of the particular individual in such a case.
'And what therein belongs to the Proceeding by covering over as with grass? The
carrying out of, the accomplishment of, the proceeding by, the performance of,
the acceptance of, the pacification of the official act (the Kamma) by the
Proceeding by covering over as with grass. That is what belongs therein to the
Proceeding by covering over as with grass.
p. 65
'When a legal question, O Bhikkhus, has been thus settled, if a disputant
re-open the question, such re-opening is a Pâkittiya. If one who has conveyed
his consent complain of the decision, such complaint is a Pâkittiya.
34. 'By how many modes of settlement is a legal question arising out of business
settled? A legal question arising out of business is settled by one mode of
settlement only--to wit, by the Proceeding in Presence.'
=====================
End of the Fourth Khandhaka, on the Settlement of Legal Questions.
Footnotes
34:2 It was with reference to this conduct of Khanna that the Buddha is stated
in the Mahâ-parinibbâna Sutta VI, 4 to have imposed a penalty upon him. He is
also mentioned above, I, 25-31, and below, XI, 1, 12-14.
34:3 Compare the 16th and 43rd Pâkittiyas. Buddhaghosa says here, Bhikkhunînam
anupakhaggâ ti bhikkhunînam antopavisitvâ.
35:1 The various ways of settling these four kinds of legal questions are
recapitulated in § 27-34 of this chapter.
35:2 Sâvasesâ-anavasesâ-âpatti. The Parivara IX, 1, 10 says, Yâ sâ âpatti
anavasesâ sâ âpatti na katamena adhikaranena na katamamhi thâne na katamena
samathena sammati. It is practically equivalent therefore to Pârâgikâ. Those
offences which can be done away, but only by the Samgha, are called accordingly
in the Buddhist Sanskrit Samghâvasesha, which corresponds to the Pâli
Samghâdisesa. The translation and note at Mahâvagga X, 2, 4 should be altered
accordingly.
36:1 Vipakkatâya vohâro ti kitta-dukkhatthâya vohâro pharusavakanan ti attho
(S.P.).
36:2 Anullapanâ anubhananâ ti ubhayam anuvadana-vevakanamattam eva (S.P.).
36:3 Anusampavaṅkatâ ti punappunam kâya-kittam vâkâhi tatth’ eva sampavaṅkatâ
anuvadanabhâvo ti attho (S.P.).
36:4 Abbhussahanatâ ti kasmâ evam na upavadissâmi upavadissâmi yevâ ti ussâham
katvâ anuvadanâ (S.P.).
36:5 That is to say, Pârâgika, Samghâdisesa, Pâkittiya, Pâtidesaniya, and
Dukkata, as below, in IV, 14, 14; IX, 3, 3.
36:6 That is to say, the five mentioned in the last note, and besides them,
Thullakkaya and Dubbhâsita.
37:1 Apalokana-kamman ti-âdi pana tass’ eva pabheda-vakanam. Tattha
apalokana-kammam nâma sîmatthakam samgham sodhetvâ khandârahânam khandam
âharitvâ samaggassa anumatiyâ tikkhattum sâvetvâ kâtabba-kammam (S.P.).
37:2 See our note at Mahâvagga I, 28, 3. The Samanta Pâsâdikâ here says,
ñattidutiyakammam pana apaloketvâ kattabbam pi atthi akattabbam pi atthi. Tattha
sîmasammuti simasamûhananâ kathinadânam kathinubbhâro kûtavatthudesanâ
vihâravatthudesanâ ’ti imâni kha kammâni garukâni apaloketvâ kâtum na vattati,
ñattidutiyakammavâkam sâvetvâ ’va kâtabbâni, avasesâ terasa sammutiyo
senâsanagâhakamataka (? patta) kîvaradânâti(°di?)-sammutiyo kâ ’ti evarûpâni
lahukakammâni apaloketvâ pi kâtum vattanti.
38:1 Palâsî; no doubt connected with the primary meaning of the word 'leaf,' as
is also its use in the sense of 'covering, lining,' in eka-palâsikâ upâhanâ at
Mahâvagga V, 1, 29. The expression forms the subject of Puggala II, 2. See also
Gâtaka III, 259.
40:1 Buddhaghosa has no explanation of these terms here, but on Aṅguttara Nikâya
III, 2, 3, where the whole list recurs, he says (as Dr. Morris is good enough to
inform us) that okotimako is equal to lakuntako; and the same explanation is
given by the commentary on Puggala IV, 19. Compare the use in English of 'a mere
dot of a man,' in a similar sense.
40:2 These three epithets of the voice are no doubt intended to be the opposites
of the three in Mahâvagga V, 13.'9.
41:1 We have already pointed out (above, IV, 1, 2) that this mode of the
commencement of a discussion by setting out a list of the points to be discussed
and compared is found also in some of the Abhidhamma books. There it was only
the objects themselves, here we have all the predicates which it is proposed to
apply (as in § 8), or to declare inapplicable to the object (as in § 10), which
are set out, but the principle is the same.
44:1 This is merely a play upon words. Âpatti is literally 'attainment to.'
Standing alone it is always used with the connotation of 'attainment to guilt,
sin, offence,' so that its etymological meaning is always lost sight of.
Sotâpatti is the 'attainment to,' the 'entering upon' the stream, that is, the
course of the Excellent Way. The Sam âpatti s, literally, 'complete, or higher,
attainments,' are eight successive states of ecstatic insight or meditation
practised by Arahats and other men of advanced spiritual culture. The question
stated is in fact a riddle, like so many of the questions stated in the Parivâra
and the Puggala-paññatti.
45:1 Here again the whole section depends upon a play upon the various meanings
of the word kikkam. In the technical phrase kikkâdhikaranam, the word means
solely the business or the agenda at the formal meetings of the Samgha (compare
above, § 7). In the problems or riddles of this section its more common meaning
of 'duty' is brought into play.
45:2 Sammukhâ-vinayena. See above, chapter 2.
45:3 Yebhuyyasikena. See above, chapter 9.
46:1 The following five paragraphs recur in IV, 14, §§ 24, 27, and four of them
in IV, 14, 21, 30.
46:2 Kammappattâ. See Parivâra XIX, 1, 7, et seq.
46:3 See above, Mahâvagga II, 23.
46:4 Or rather, 'perhaps, 'against the proceedings which are being carried out.'
47:1 This is the 63rd Pâkittiya.
47:2 This is the 79th Pâkittiya. The whole paragraph is repeated several times
below in this chapter.
49:1 Ettakena vâ antarena, on which Buddhaghosa has nothing. On vâ = eva, see
Böhtlingk-Roth s.v. vâ, No. 4.
49:2 These words recur at XII, 2, 7, where an instance occurs of the mode of
proceeding here laid down.
49:3 Ubbâhikâya. Childers has quite misunderstood both the meaning and the
derivation of this term. It must be derived p. 50 from ud+vah; and means simply
'reference'--the turning over of a difficult or intricate case from the general
Samgha to a special committee, as was done at Vesâlî (below, XII, 2, 7).
50:1 With this passage (so far) compare the Âkaṅkheyya Sutta, § 2 (translated in
Rh. D.'s 'Buddhist Suttas,' p. 210), where the wording is somewhat different.
See, however, the various readings here.
50:2 We prefer to translate, in accordance with IX, 5, I below, sâttham
savyañganam as given in the corrections to the text on p. 303; thus making the
phrase 'in the spirit and in the letter' refer to the brahma-kariyam, and not to
the dhammâ. But it should be pointed out that the parallel passage in the stock
description of a Buddha (for instance in Tevigga Sutta I, 46, translated in Rh.
D.'s 'Buddhist Suttas,' p. 187) would support the reading given here in the
text, referring the phrase in question to the dhammâ, and not to the
brahma-kariyam.
50:3 See the various readings, and compare Sigâlovâda Sutta, p. 301; Gâtaka II,
247, 293; Mahâvagga VI, 25, I.
50:4 Though ditthi is usually found in its bad sense of 'delusion' (it never
means 'heresy,' as Childers renders it), it is also used, especially in older
texts, in the good sense of 'insight.' Compare the 'Book of the Great Decease,'
I, 11.
51:1 Perhaps this may mean 'both as to the Suttas themselves and as to the Old
Commentary upon them'--suttato anuvyañganaso. See 'Vinaya Texts,' vol. i, p.
xviii, and note 2, p. xxix.
51:2 Vinaye kheko hoti asamhîro. Compare on the use of these words, Gâtaka I,
290; II, 161; Sutta Nipâta V, 18, 26.
51:3 On all these terms, which have occurred above at IV, 2, I, see the
commentary as there quoted in the notes.
51:4 It is of course to be understood that the committee or jury does not
consist of only one such Bhikkhu. In the instance already referred to as
occurring in XII, 2, 7, four are chosen from each side.
52:1 Sammukhâ-vinayena. See chapter 2.
52:2 This is the same as in § 16 of this chapter, except that 'the presence of
the Samgha' is omitted.
52:3 See the 63rd Pâkittiya, and § 17 above.
53:1 That is, the Pâtimokkha.
53:2 Literally, 'cause him to arise.'
54:1 This sentence is also used of the other modes of settlement below, §§ 27,
29.
54:2 So also above, § 16; and below, §§ 27-29.
55:1 That is, the Four Nikâyas, now forming the Sutta Pitaka.
55:2 See our note above on Kullavagga IV, 1, 2.
56:1 On the following section, compare chapters 9 and to above.
56:2 On Saññattiyâ see our note below on VII, 4, I.
57:1 This naive chapter would seem to show that the pia fraus was not unknown to
the Buddhist monks at the time when the Kullavagga was composed. Buddhaghosa's
note (given at p. 315 of H.O.'s edition of the text) specifies the different
occasions when each of the three methods should be used.
58:1 This clause corresponds to the one above, in §24, and below, in § 29.
59:1 This section again bears exactly the same relation to chapter 11 as the
previous ones have done to chapters 4 and 5 respectively. The outline of the
form is the same, but as in the introductory part (containing the description of
the offence) the present section is much fuller than the chapter to which it
refers, 'we prefer to give that part of this section in full.
62:1 Âyatim samvareyyâsi. So again in the next section. Compare V, 20, 5.
63:1 See §§ 16, 29, &c. of this chapter.
63:2 Patiganheyyam. See V, 20, 5.
64:1 This refers to the technical term of the Proceeding in question,
tinavatthârakena deseyyam (IV, 13, 2); and the singular of course includes the
plural, as the confession usually took place before a number of Bhikkhus.
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