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.
Showing posts with label fourth khandhaka. Show all posts
Showing posts with label fourth khandhaka. Show all posts
Sunday, March 27, 2011
Cullavagga - Fourth Khandhaka: Chapter 13
1. Now at that time, while the Bhikkhus were continuing in quarrels, strifes,
and disputes, they had been guilty of many things unworthy of a Samana, as well
in word as in deed, and it occurred to the Bhikkhus, 'Whilst we were continuing,
etc. . . . we have been guilty, etc. . . . as well in word as in deed. If we now
deal one with another for those offences, it may happen that that proceeding may
result in harshness, in ill-feeling, in divisions. How now should we manage?'
And they told the matter to the Blessed One.
In case, O Bhikkhus, whilst the Bhikkhus are continuing, etc. . . . they are
guilty, etc. . . . as well in word as in deed. And it occurs to them, "Whilst we
were continuing, etc. . . . we have been guilty, etc. . . . If we now deal, etc. .
. . How now shall
p. 32
we manage?" I enjoin upon you, O Bhikkhus, to settle a matter of this kind by
Tinavatthâraka (the Covering over as with grass) 1.
2. 'And thus, O Bhikkhus, is it to be settled. All are to meet together in one
spot. When they have met together some able and discreet Bhikkhu is to bring the
matter before the Samgha, saying,
'"Let the venerable Samgha hear me. While we were continuing, &c. . . . we have
been guilty, &c. . . . as well in word as in deed. And it occurred to us (&c.,
down to) If we now deal one with another, &c. . . . it may result in harshness,
in ill-feeling, in divisions. If the time seems meet to the Samgha; let the
Samgha settle this matter by the Covering over as with grass--except only as
regards serious offences 2, and as regards those things in which the laity have
been concerned."
'Then some discreet and able Bhikkhu among those Bhikkhus who belong to the one
party is to bring the matter before his own party, saying,
'"May the venerable ones hear me. While we were continuing, &c. . . . we have
been guilty, &c. . . . as well in word as in deed. And it occurred to us, &c. .
. . (down to) in divisions. If the time seems meet to you, venerable Sirs, I
would confess in the midst of the Samgha, both on your behalf, venerable Sirs,
and on my own behalf, both such offence as is yours, venerable Sirs, and such
offence
p. 33
as is mine own, to the end that it may be covered over as with grass, except
only as regards serious offences, and as regards those things in which the laity
have been concerned."
'And some discreet and able Bhikkhu among the Bhikkhus belonging to the other
party is to bring the matter before his own party, saying, "May the venerable
ones hear me [&c., as before in the last paragraph, down to the end]."
Then the discreet and able Bhikkhu among the Bhikkhus belonging to the one party
is to bring the matter before the Samgha, saying, "May the venerable Samgha hear
me. While we (&c., as before, down to) in divisions. If the time seems meet to
the Samgha, I would confess 1 in the midst of the Samgha, both on behalf of
these venerable ones and on my own behalf, both such offence as is theirs and
such offence as is mine own, to the end that it may be covered over as with
grass, except only as regards serious offences, and as regards those things in
which the laity have been concerned. This is the motion Patti). May the
venerable Samgha hear me. While we (&c., as before, down to) in divisions. I
confess (&c., as before, down to) in which the laity have been concerned.
Whosoever of the venerable ones approves of the confession of these our
offences, to the end that they may so be covered over as with grass, except as
before mentioned, let him keep silence. Whosoever approves not thereof, let him
speak. These our offences are confessed in the midst of the Samgha, to the end
that they may be covered over as with grass, except
p. 34
as before mentioned. The Samgha approves thereof. Therefore is it silent. Thus
do I understand."
'And the discreet and able Bhikkhu among the Bhikkhus belonging to the other
party is to bring the matter before the Samgha, saying, "Let the venerable
Samgha hear me (&c., as before in the last paragraph, down to the end)."
'Then thus, O Bhikkhus, those Bhikkhus are absolved of those offences, except as
regards serious offences, and as regards those things in which the laity have
been concerned, and except also as regards those who express their disapproval
of the proceedings, or who are not present at them 1.'
Footnotes
31:1 The whole of this chapter recurs below, IV, 14, 33.
32:1 Buddhaghosa's commentary on this expression will be found in the notes to
H.O.'s edition of the text, pp. 313, 314.
32:2 Buddhaghosa (H.O. loc. cit.) explains this as meaning either Pârâgika or
Samghâdisesa offences. So also he explains Dutthullâ âpatti at Mahâvagga X, 5,
4.
33:1 Deseyyam. Compare IV, 14, 33, at the end.
34:1 On these phrases Buddhaghosa has the following note Ditthâvikamman ti ye
pana na me tam khamatî ti aññamaññâ ditthâvikammam karonti tehi vâ saddhim
âpattim âpaggitvâ pi, tattha anâgatâ âgantvâ vâ khandam datvâ parivenâdisu
nisinnâ, te âpattîhi na vutthahanti. This is more an exegesis on the rule than
an explanation of the words Ditthâvikammam thapetvâ, the exact meaning of which
remains doubtful. The literal rendering would be 'except as regards the
manifestation of opinion.'
and disputes, they had been guilty of many things unworthy of a Samana, as well
in word as in deed, and it occurred to the Bhikkhus, 'Whilst we were continuing,
etc. . . . we have been guilty, etc. . . . as well in word as in deed. If we now
deal one with another for those offences, it may happen that that proceeding may
result in harshness, in ill-feeling, in divisions. How now should we manage?'
And they told the matter to the Blessed One.
In case, O Bhikkhus, whilst the Bhikkhus are continuing, etc. . . . they are
guilty, etc. . . . as well in word as in deed. And it occurs to them, "Whilst we
were continuing, etc. . . . we have been guilty, etc. . . . If we now deal, etc. .
. . How now shall
p. 32
we manage?" I enjoin upon you, O Bhikkhus, to settle a matter of this kind by
Tinavatthâraka (the Covering over as with grass) 1.
2. 'And thus, O Bhikkhus, is it to be settled. All are to meet together in one
spot. When they have met together some able and discreet Bhikkhu is to bring the
matter before the Samgha, saying,
'"Let the venerable Samgha hear me. While we were continuing, &c. . . . we have
been guilty, &c. . . . as well in word as in deed. And it occurred to us (&c.,
down to) If we now deal one with another, &c. . . . it may result in harshness,
in ill-feeling, in divisions. If the time seems meet to the Samgha; let the
Samgha settle this matter by the Covering over as with grass--except only as
regards serious offences 2, and as regards those things in which the laity have
been concerned."
'Then some discreet and able Bhikkhu among those Bhikkhus who belong to the one
party is to bring the matter before his own party, saying,
'"May the venerable ones hear me. While we were continuing, &c. . . . we have
been guilty, &c. . . . as well in word as in deed. And it occurred to us, &c. .
. . (down to) in divisions. If the time seems meet to you, venerable Sirs, I
would confess in the midst of the Samgha, both on your behalf, venerable Sirs,
and on my own behalf, both such offence as is yours, venerable Sirs, and such
offence
p. 33
as is mine own, to the end that it may be covered over as with grass, except
only as regards serious offences, and as regards those things in which the laity
have been concerned."
'And some discreet and able Bhikkhu among the Bhikkhus belonging to the other
party is to bring the matter before his own party, saying, "May the venerable
ones hear me [&c., as before in the last paragraph, down to the end]."
Then the discreet and able Bhikkhu among the Bhikkhus belonging to the one party
is to bring the matter before the Samgha, saying, "May the venerable Samgha hear
me. While we (&c., as before, down to) in divisions. If the time seems meet to
the Samgha, I would confess 1 in the midst of the Samgha, both on behalf of
these venerable ones and on my own behalf, both such offence as is theirs and
such offence as is mine own, to the end that it may be covered over as with
grass, except only as regards serious offences, and as regards those things in
which the laity have been concerned. This is the motion Patti). May the
venerable Samgha hear me. While we (&c., as before, down to) in divisions. I
confess (&c., as before, down to) in which the laity have been concerned.
Whosoever of the venerable ones approves of the confession of these our
offences, to the end that they may so be covered over as with grass, except as
before mentioned, let him keep silence. Whosoever approves not thereof, let him
speak. These our offences are confessed in the midst of the Samgha, to the end
that they may be covered over as with grass, except
p. 34
as before mentioned. The Samgha approves thereof. Therefore is it silent. Thus
do I understand."
'And the discreet and able Bhikkhu among the Bhikkhus belonging to the other
party is to bring the matter before the Samgha, saying, "Let the venerable
Samgha hear me (&c., as before in the last paragraph, down to the end)."
'Then thus, O Bhikkhus, those Bhikkhus are absolved of those offences, except as
regards serious offences, and as regards those things in which the laity have
been concerned, and except also as regards those who express their disapproval
of the proceedings, or who are not present at them 1.'
Footnotes
31:1 The whole of this chapter recurs below, IV, 14, 33.
32:1 Buddhaghosa's commentary on this expression will be found in the notes to
H.O.'s edition of the text, pp. 313, 314.
32:2 Buddhaghosa (H.O. loc. cit.) explains this as meaning either Pârâgika or
Samghâdisesa offences. So also he explains Dutthullâ âpatti at Mahâvagga X, 5,
4.
33:1 Deseyyam. Compare IV, 14, 33, at the end.
34:1 On these phrases Buddhaghosa has the following note Ditthâvikamman ti ye
pana na me tam khamatî ti aññamaññâ ditthâvikammam karonti tehi vâ saddhim
âpattim âpaggitvâ pi, tattha anâgatâ âgantvâ vâ khandam datvâ parivenâdisu
nisinnâ, te âpattîhi na vutthahanti. This is more an exegesis on the rule than
an explanation of the words Ditthâvikammam thapetvâ, the exact meaning of which
remains doubtful. The literal rendering would be 'except as regards the
manifestation of opinion.'
Cullavagga - Fourth Khandhaka: Chapter 12
1. 'There are five things, O Bhikkhus, which are necessary to the valid carrying
out of the Tassapâpiyyasikâ-kamma. To wit--he is impure, he is shameless--a
censure has been set on foot against him 1--the Samgha carries out the Kamma--it
carries it out lawfully, and in a full quorum.
2. 'There are three things, O Bhikkhus, by which, when a Tassa-pâpiyyasikâ-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--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.
'These are the three things, O Bhikkhus, by which, when a
Tassa-pâpiyyasikâ-kamma is characterised, it is against the Dhamma, and against
the Vinaya, and difficult to be settled.
There are three things by which (and as in last paragraph) it is in accordance
with the Dhamma, and in accordance with the Vinaya, and easy to be settled;
(that is to say), when it has been [&c., the rest of this paragraph is the
reverse of the last] 2.'
p. 31
3. [This paragraph exactly corresponds to Kullavagga I, 4, paragraph 1, as to
the three cases in which the Samgha, if it likes, may carry out the
Tassa-pâpiyyasikâ-kamma against a Bhikkhu.]
4. [In this paragraph the 'right conduct' for a Bhikkhu who has been subjected
to this Kamma is laid down precisely as in I, 5 for a Bhikkhu subjected to the
Tagganiya-kamma.]
Then the Samgha carried out the Tassa-pâpiyyasikâ-kamma against Uvâla the
Bhikkhu.
Footnotes
30:1 Compare the use of anuvâdo in Kullavagga I, 5.
30:2 These paragraphs exactly correspond to paragraphs at Kullavagga I, 2. It is
probably merely owing to this repetition that it is here also prescribed that
the accused person must confess p. 31 himself guilty, as it must be evident from
the Introductory Story, that he will not do so.
out of the Tassapâpiyyasikâ-kamma. To wit--he is impure, he is shameless--a
censure has been set on foot against him 1--the Samgha carries out the Kamma--it
carries it out lawfully, and in a full quorum.
2. 'There are three things, O Bhikkhus, by which, when a Tassa-pâpiyyasikâ-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--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.
'These are the three things, O Bhikkhus, by which, when a
Tassa-pâpiyyasikâ-kamma is characterised, it is against the Dhamma, and against
the Vinaya, and difficult to be settled.
There are three things by which (and as in last paragraph) it is in accordance
with the Dhamma, and in accordance with the Vinaya, and easy to be settled;
(that is to say), when it has been [&c., the rest of this paragraph is the
reverse of the last] 2.'
p. 31
3. [This paragraph exactly corresponds to Kullavagga I, 4, paragraph 1, as to
the three cases in which the Samgha, if it likes, may carry out the
Tassa-pâpiyyasikâ-kamma against a Bhikkhu.]
4. [In this paragraph the 'right conduct' for a Bhikkhu who has been subjected
to this Kamma is laid down precisely as in I, 5 for a Bhikkhu subjected to the
Tagganiya-kamma.]
Then the Samgha carried out the Tassa-pâpiyyasikâ-kamma against Uvâla the
Bhikkhu.
Footnotes
30:1 Compare the use of anuvâdo in Kullavagga I, 5.
30:2 These paragraphs exactly correspond to paragraphs at Kullavagga I, 2. It is
probably merely owing to this repetition that it is here also prescribed that
the accused person must confess p. 31 himself guilty, as it must be evident from
the Introductory Story, that he will not do so.
Cullavagga - Fourth Khandhaka: Chapter 11
1. Now at that time the Bhikkhu Uvâla 5, being examined in the midst of the
Samgha with an offence, when he had denied then confessed it, when he had
confessed it then denied it, made
p. 28
counter-charges 1, and spoke lies which he knew to be such 2.
Those Bhikkhus who were moderate were annoyed, murmured, and became indignant,
saying, 'How can the Bhikkhu Uvâla do so?' And they told the matter to the
Blessed One.
'Is it true, O Bhikkhus, as they say that the Bhikkhu [etc., as before].'
'It is true, Lord.'
Then he rebuked him, and when he had delivered a religious discourse he
addressed the Bhikkhus, and said:
'Then, O Bhikkhus, let the Samgha carry out the Tassa-pâpiyyasikâ-kamma (the
Proceeding in the case of the obstinately wrong) 3.'
2. 'And thus, O Bhikkhus, is it to be carried out. In the first place the
Bhikkhu Uvâla must have been warned; when he had been warned, he must have been
called upon to remember (whether he has, or has not, consciously committed the
offence); when he had been called upon to remember, he must have been caused (by
being put on his trial with respect to the offence) to bring upon himself a new
p. 29
offence (namely, of obstinacy or prevarication); when he has brought upon
himself this new offence, some discreet and able Bhikkhu ought to lay the matter
before the Samgha, saying,
'"Let the venerable Samgha hear the. This Bhikkhu Uvâla, being examined in the
midst of the Samgha with an offence, when he has denied it then confesses it,
when he has confessed it then denies it, makes counter-charges, and speaks lies
which he knows to be such. If the time seems meet to the Samgha, let the Samgha
carry out the Tassapâpiyyasikâ-kamma against the Bhikkhu Uvâla.
'"This is the motion.
'"Let the venerable Samgha hear me. This Bhikkhu Uvâla (&c., as before). The
Samgha carries out the Tassa-pâpiyyasikâ-kamma against Uvâla the Bhikkhu.
Whosoever of the venerable ones approves of the Tassa-pâpiyyasikâ-kamma being
carried out against Uvâla the Bhikkhu, let him keep silence. Whosoever approves
not thereof, let him speak.
'"A second time I say the same thing. This Bhikkhu Uvâla (&c., as before, down
to) let him speak. A third time I say the same thing (&c., as before, down to)
let him speak.
'"The Tassa-pâpiyyasikâ-kamma has been carried out by the . Samgha against Uvâla
the Bhikkhu. Therefore is it silent. Thus do I understand 1."'
Footnotes
27:5 In the Burmese MSS. the name of this monk is written Upavâla.
28:1 Aññena aññam patikarati. We follow Wijesimha Mudaliyar's interpretation of
this phrase as given by Childers (s.v. tassapâpiyyasikâ).
28:2 Chapter 14, section 29 below, is in fact an elaboration of this paragraph,
giving instances of the kind of prevarication here intended to be referred to.
28:3 The exact meaning of the phrase is somewhat doubtful, owing to the
ambiguity of the tassa. It should probably be analysed 'the proceeding against
one who is more sinful (pâpiyo) than that (tassa);' that is, who adds sin to
sin. Childers gives a long note on the Proceeding drawn by Wijesimha Mudaliyar
from this chapter, but does not analyse the word.
29:1 This Kammavâkâ is precisely the same as is laid down in Kullavagga I, 1, 4,
&c. in the case of all the other penal Kammas.
Samgha with an offence, when he had denied then confessed it, when he had
confessed it then denied it, made
p. 28
counter-charges 1, and spoke lies which he knew to be such 2.
Those Bhikkhus who were moderate were annoyed, murmured, and became indignant,
saying, 'How can the Bhikkhu Uvâla do so?' And they told the matter to the
Blessed One.
'Is it true, O Bhikkhus, as they say that the Bhikkhu [etc., as before].'
'It is true, Lord.'
Then he rebuked him, and when he had delivered a religious discourse he
addressed the Bhikkhus, and said:
'Then, O Bhikkhus, let the Samgha carry out the Tassa-pâpiyyasikâ-kamma (the
Proceeding in the case of the obstinately wrong) 3.'
2. 'And thus, O Bhikkhus, is it to be carried out. In the first place the
Bhikkhu Uvâla must have been warned; when he had been warned, he must have been
called upon to remember (whether he has, or has not, consciously committed the
offence); when he had been called upon to remember, he must have been caused (by
being put on his trial with respect to the offence) to bring upon himself a new
p. 29
offence (namely, of obstinacy or prevarication); when he has brought upon
himself this new offence, some discreet and able Bhikkhu ought to lay the matter
before the Samgha, saying,
'"Let the venerable Samgha hear the. This Bhikkhu Uvâla, being examined in the
midst of the Samgha with an offence, when he has denied it then confesses it,
when he has confessed it then denies it, makes counter-charges, and speaks lies
which he knows to be such. If the time seems meet to the Samgha, let the Samgha
carry out the Tassapâpiyyasikâ-kamma against the Bhikkhu Uvâla.
'"This is the motion.
'"Let the venerable Samgha hear me. This Bhikkhu Uvâla (&c., as before). The
Samgha carries out the Tassa-pâpiyyasikâ-kamma against Uvâla the Bhikkhu.
Whosoever of the venerable ones approves of the Tassa-pâpiyyasikâ-kamma being
carried out against Uvâla the Bhikkhu, let him keep silence. Whosoever approves
not thereof, let him speak.
'"A second time I say the same thing. This Bhikkhu Uvâla (&c., as before, down
to) let him speak. A third time I say the same thing (&c., as before, down to)
let him speak.
'"The Tassa-pâpiyyasikâ-kamma has been carried out by the . Samgha against Uvâla
the Bhikkhu. Therefore is it silent. Thus do I understand 1."'
Footnotes
27:5 In the Burmese MSS. the name of this monk is written Upavâla.
28:1 Aññena aññam patikarati. We follow Wijesimha Mudaliyar's interpretation of
this phrase as given by Childers (s.v. tassapâpiyyasikâ).
28:2 Chapter 14, section 29 below, is in fact an elaboration of this paragraph,
giving instances of the kind of prevarication here intended to be referred to.
28:3 The exact meaning of the phrase is somewhat doubtful, owing to the
ambiguity of the tassa. It should probably be analysed 'the proceeding against
one who is more sinful (pâpiyo) than that (tassa);' that is, who adds sin to
sin. Childers gives a long note on the Proceeding drawn by Wijesimha Mudaliyar
from this chapter, but does not analyse the word.
29:1 This Kammavâkâ is precisely the same as is laid down in Kullavagga I, 1, 4,
&c. in the case of all the other penal Kammas.
Cullavagga - Fourth Khandhaka: Chapter 10
1. 'There are ten cases, O Bhikkhus, in which the taking of votes is invalid;
and ten in which the taking of votes is valid.
'Which are the ten in which the taking of votes is invalid? When the matter in
dispute is trivial 2--when the case has not run its course (that is, when. the
necessary preliminaries of submission to arbitration have not been carried out
3)--when regarding the matter in dispute the Bhikkhus have not formally
remembered, or been formally called upon to remember, the offence 4--when the
taker of votes 5 knows that those whose opinions are not in accordance with the
law will be in the majority,
p. 27
or probably 1 may be in the majority--when he knows that the voting will result
in a schism in the Samgha--when he is in doubt whether the voting will result in
a schism in the Samgha--when the votes are irregularly given 2--when all do not
vote equally 3--and when they do not vote in accordance with the view (which
they really hold). These are the ten cases in which the voting is invalid 4.
2. 'And which are the ten cases in which the voting is valid?'
[The ten cases are precisely the reverse of the other ten.]
Footnotes
26:1 On this chapter, see further below, IV, 14, 24-26.
26:2 Oramattakam. Compare the English law maxim, De minimis non curat lex.
26:3 Buddhaghosa says, Na ka gatigatan ti dve tayo âvâse na gatam, tattha tatth’
eva vâ dvitikkhattum avinikkhitam. See on these proceedings above.
26:4 Buddhaghosa says, Na ka sarita-sâritan ti dvitikkhattum tehi bhikkhûhi
sayam saritam va aññehi sâritam vâ na hoti.
26:5 Gânâtî ti salâkam gâhento gânâti. (S.P.)
27:1 App eva nâma. That this phrase does not merely mean 'perhaps' is clear from
its use in § 2.
27:2 Adhammena ganhantî ti adhammavâdino evam mayam bahû bhavissâmâ ti dve dve
salâkâyo ganhanti. (S.P.)
27:3 On vaggâ, here = vi + agga, compare our note on the 21st Pâkittiya, and
Kullavagga I, 2, 1. Buddhaghosa here says, Vaggâ ganhantî ti dve dhammavâdino
ekam dhammavâdisalâkam ganhanti evam dhammavâdino na bahû bhavissanti ti
maññamânâ.
27:4 With this chapter the 26th section of chapter 14 should be compared, where
very curious means are inculcated for avoiding some of the votes here stated to
be invalid.
and ten in which the taking of votes is valid.
'Which are the ten in which the taking of votes is invalid? When the matter in
dispute is trivial 2--when the case has not run its course (that is, when. the
necessary preliminaries of submission to arbitration have not been carried out
3)--when regarding the matter in dispute the Bhikkhus have not formally
remembered, or been formally called upon to remember, the offence 4--when the
taker of votes 5 knows that those whose opinions are not in accordance with the
law will be in the majority,
p. 27
or probably 1 may be in the majority--when he knows that the voting will result
in a schism in the Samgha--when he is in doubt whether the voting will result in
a schism in the Samgha--when the votes are irregularly given 2--when all do not
vote equally 3--and when they do not vote in accordance with the view (which
they really hold). These are the ten cases in which the voting is invalid 4.
2. 'And which are the ten cases in which the voting is valid?'
[The ten cases are precisely the reverse of the other ten.]
Footnotes
26:1 On this chapter, see further below, IV, 14, 24-26.
26:2 Oramattakam. Compare the English law maxim, De minimis non curat lex.
26:3 Buddhaghosa says, Na ka gatigatan ti dve tayo âvâse na gatam, tattha tatth’
eva vâ dvitikkhattum avinikkhitam. See on these proceedings above.
26:4 Buddhaghosa says, Na ka sarita-sâritan ti dvitikkhattum tehi bhikkhûhi
sayam saritam va aññehi sâritam vâ na hoti.
26:5 Gânâtî ti salâkam gâhento gânâti. (S.P.)
27:1 App eva nâma. That this phrase does not merely mean 'perhaps' is clear from
its use in § 2.
27:2 Adhammena ganhantî ti adhammavâdino evam mayam bahû bhavissâmâ ti dve dve
salâkâyo ganhanti. (S.P.)
27:3 On vaggâ, here = vi + agga, compare our note on the 21st Pâkittiya, and
Kullavagga I, 2, 1. Buddhaghosa here says, Vaggâ ganhantî ti dve dhammavâdino
ekam dhammavâdisalâkam ganhanti evam dhammavâdino na bahû bhavissanti ti
maññamânâ.
27:4 With this chapter the 26th section of chapter 14 should be compared, where
very curious means are inculcated for avoiding some of the votes here stated to
be invalid.
Cullavagga - Fourth Khandhaka: Chapter 9
Now at that time the Bhikkhus in chapter (Samgha) assembled, since they became
violent, quarrelsome, and disputatious, and kept on wounding one another with
sharp words 4, were unable
p. 25
to settle the disputed question (that was brought before them).
They told this matter to the Blessed One.
1'I allow you, O Bhikkhus, to settle such a dispute by the vote of the
majority. A Bhikkhu who shall be possessed of five qualifications shall be
appointed as taker of the voting tickets--one who does not walk in partiality,
one who does not walk in malice, one who does not walk in folly, one who does
not walk in fear 2, one who knows what (votes) have been taken and what have not
been taken.
'And thus shall he be appointed.
'First the Bhikkhu is to be requested (whether he will undertake the office).
Then some able and discreet Bhikkhu is to bring the matter before the Samgha,
saying,
'"Let the venerable Samgha hear me. If the time seems meet to the Samgha, let
the Samgha appoint a Bhikkhu of such and such a name as taker of the voting
tickets.
'"This is the motion (ñatti).
'"Let the venerable Samgha hear me. The Samgha appoints a Bhikkhu of such and
such a name as taker of the tickets. Whosoever of the venerable ones approves of
the Bhikkhu of such and such a name being appointed as taker of the
p. 26
tickets, let him keep silence. Whosoever approves not thereof, let him speak.
The Bhikkhu of such and such a name is appointed by the Samgha as taker of the
voting tickets. Therefore is it silent. Thus do I understand.'"
Footnotes
24:4 Aññamaññam mukhaisattîhi vitudantâ viharanti. Literally, 'with
mouth-javelins.' Vitudati, and not vitûdati as Childers gives, is the right
spelling. So Fausböll reads at Jâtaka II, 185, 186.
25:1 From here to the end of the chapter recurs in IV, 14, 24.
25:2 These are the qualifications always ascribed to one who rightly fills any
judicial offence, and are called the four Agatis. They are the especial
attributes of a good king sitting as judge, and are mentioned elsewhere
(Samghâdisesa XIII; Mahâvagga VIII, 5, 2; VIII, 6, 1; and below, VI, 11, 2) of
other officials of the order with duties similar to those in the text.
violent, quarrelsome, and disputatious, and kept on wounding one another with
sharp words 4, were unable
p. 25
to settle the disputed question (that was brought before them).
They told this matter to the Blessed One.
1'I allow you, O Bhikkhus, to settle such a dispute by the vote of the
majority. A Bhikkhu who shall be possessed of five qualifications shall be
appointed as taker of the voting tickets--one who does not walk in partiality,
one who does not walk in malice, one who does not walk in folly, one who does
not walk in fear 2, one who knows what (votes) have been taken and what have not
been taken.
'And thus shall he be appointed.
'First the Bhikkhu is to be requested (whether he will undertake the office).
Then some able and discreet Bhikkhu is to bring the matter before the Samgha,
saying,
'"Let the venerable Samgha hear me. If the time seems meet to the Samgha, let
the Samgha appoint a Bhikkhu of such and such a name as taker of the voting
tickets.
'"This is the motion (ñatti).
'"Let the venerable Samgha hear me. The Samgha appoints a Bhikkhu of such and
such a name as taker of the tickets. Whosoever of the venerable ones approves of
the Bhikkhu of such and such a name being appointed as taker of the
p. 26
tickets, let him keep silence. Whosoever approves not thereof, let him speak.
The Bhikkhu of such and such a name is appointed by the Samgha as taker of the
voting tickets. Therefore is it silent. Thus do I understand.'"
Footnotes
24:4 Aññamaññam mukhaisattîhi vitudantâ viharanti. Literally, 'with
mouth-javelins.' Vitudati, and not vitûdati as Childers gives, is the right
spelling. So Fausböll reads at Jâtaka II, 185, 186.
25:1 From here to the end of the chapter recurs in IV, 14, 24.
25:2 These are the qualifications always ascribed to one who rightly fills any
judicial offence, and are called the four Agatis. They are the especial
attributes of a good king sitting as judge, and are mentioned elsewhere
(Samghâdisesa XIII; Mahâvagga VIII, 5, 2; VIII, 6, 1; and below, VI, 11, 2) of
other officials of the order with duties similar to those in the text.
Cullavagga - Fourth Khandhaka: Chapter 8
1. 'Now, O Bhikkhus, an official act carried out against a Bhikkhu who has
confessed himself guilty is invalid as follows, and is valid as follows. And how
does such an official act become invalid? In case a Bhikkhu have committed a
Pârâjika offence, and in respect thereof either the Samgha, or a number of
Bhikkhus, or a single Bhikkhu warns him, saying, "The venerable one has been
guilty of a Pârâjika." And he replies thus, "I have not, Sirs, been guilty of a
Pârâgika. I have been guilty of a Samghâdisesa." And in respect thereof the
Samgha deals with him for a Samghâdisesa. Then that official act is invalid.'
p. 24
[And so also if on being warned of any one of the seven offences 1 he confesses
himself to be guilty of any one of the offences different from the one charged,
then the official act is invalid.]
2. 'And when, O Bhikkhus, is such an official act valid? In case a Bhikkhu have
committed a Pârâgika offence, and in respect thereof the Samgha, or a number of
Bhikkhus, or a single Bhikkhu warns him, saying, "The venerable one has been
guilty of a Pârâgika." And he replies, "Yea, Sirs, I have been guilty of a
Pârâgika." And in respect thereof the Samgha deals with him for a Pârâgika. Then
that official act is valid 2.'
[And so for each of the other offences mentioned in § 1, the whole of § 2 is
repeated.]
Footnotes
24:1 The same, namely, as those in the list given at Mahâvagga IV, 16, 12, &c.
24:2 In other words, if a Bhikkhu confesses an offence different from that with
which he has been charged, the confession cannot be used against him even as
regards a decision with respect to the offence confessed.
24:3 On this chapter, see further below, IV, 14, 16.
confessed himself guilty is invalid as follows, and is valid as follows. And how
does such an official act become invalid? In case a Bhikkhu have committed a
Pârâjika offence, and in respect thereof either the Samgha, or a number of
Bhikkhus, or a single Bhikkhu warns him, saying, "The venerable one has been
guilty of a Pârâjika." And he replies thus, "I have not, Sirs, been guilty of a
Pârâgika. I have been guilty of a Samghâdisesa." And in respect thereof the
Samgha deals with him for a Samghâdisesa. Then that official act is invalid.'
p. 24
[And so also if on being warned of any one of the seven offences 1 he confesses
himself to be guilty of any one of the offences different from the one charged,
then the official act is invalid.]
2. 'And when, O Bhikkhus, is such an official act valid? In case a Bhikkhu have
committed a Pârâgika offence, and in respect thereof the Samgha, or a number of
Bhikkhus, or a single Bhikkhu warns him, saying, "The venerable one has been
guilty of a Pârâgika." And he replies, "Yea, Sirs, I have been guilty of a
Pârâgika." And in respect thereof the Samgha deals with him for a Pârâgika. Then
that official act is valid 2.'
[And so for each of the other offences mentioned in § 1, the whole of § 2 is
repeated.]
Footnotes
24:1 The same, namely, as those in the list given at Mahâvagga IV, 16, 12, &c.
24:2 In other words, if a Bhikkhu confesses an offence different from that with
which he has been charged, the confession cannot be used against him even as
regards a decision with respect to the offence confessed.
24:3 On this chapter, see further below, IV, 14, 16.
Cullavagga - Fourth Khandhaka: Chapter 7
1. Now at that time the Khabbaggiya Bhikkhus carried out official acts against
Bhikkhus who had not confessed themselves guilty--the Tagganiya-kamma, or the
Nissaya-kamma, or the Pabbâganiya-kamma, or the Patisâraniya-kamma, or the
Ukkhepaniya-kamma.
Those Bhikkhus who were moderate were annoyed, murmured, and became indignant,
saying, 'How can the Khabbaggiya Bhikkhus (etc., as before).' And those Bhikkhus
told the matter to the Blessed One.
p. 23
'Is it true, O Bhikkhus, that the Khabbaggiya Bhikkhus do so?'
'It is true, Lord.'
Then he rebuked them, and when he had delivered a religious discourse, he
addressed the Bhikkhus, and said:
No official act, O Bhikkhus,--whether the Tagganiya-kamma, or the Nissaya-kamma,
or the Pabbâganiya-kamma, or the Patisâraniya-kamma, or the
Ukkhepaniya-kamma,--is to be carried out against Bhikkhus who have not confessed
themselves guilty 1. Whosoever does so, shall be guilty of a dukkata offence.'
Footnotes
23:1 The mode in which such a confession ought to be made is set out in full in
IV, 14, 30-34.
Bhikkhus who had not confessed themselves guilty--the Tagganiya-kamma, or the
Nissaya-kamma, or the Pabbâganiya-kamma, or the Patisâraniya-kamma, or the
Ukkhepaniya-kamma.
Those Bhikkhus who were moderate were annoyed, murmured, and became indignant,
saying, 'How can the Khabbaggiya Bhikkhus (etc., as before).' And those Bhikkhus
told the matter to the Blessed One.
p. 23
'Is it true, O Bhikkhus, that the Khabbaggiya Bhikkhus do so?'
'It is true, Lord.'
Then he rebuked them, and when he had delivered a religious discourse, he
addressed the Bhikkhus, and said:
No official act, O Bhikkhus,--whether the Tagganiya-kamma, or the Nissaya-kamma,
or the Pabbâganiya-kamma, or the Patisâraniya-kamma, or the
Ukkhepaniya-kamma,--is to be carried out against Bhikkhus who have not confessed
themselves guilty 1. Whosoever does so, shall be guilty of a dukkata offence.'
Footnotes
23:1 The mode in which such a confession ought to be made is set out in full in
IV, 14, 30-34.
Cullavagga - Fourth Khandhaka: Chapter 6
1. 'There are three cases, O Bhikkhus, in which grants of dispensation for those
who are no longer insane are not valid: and three cases in which such grants are
valid.
'What are the three cases in which grants of dispensation for those who are no
longer insane are not valid?
'In the first place, O Bhikkhus, in case a Bhikkhu have committed an offence:
and in respect thereof either the Samgha, or a number of Bhikkhus, or a single
Bhikkhu, warn him, saying, "Does the venerable one call to mind that he has been
guilty of such and such an offence?" And he, notwithstanding that he does
remember it, says, "I do not remember, Sirs, that I have been guilty of such and
such an offence." Then if the Samgha grant him the dispensation of those who are
no longer insane, that grant is not valid.
'Again, O Bhikkhus, in case a Bhikkhu (etc., as before, down to) And he,
notwithstanding that he does remember it, says, "I remember it, Sirs, but as if
in a dream." Then if the Samgha grant him
p. 21
the dispensation of those who are no longer insane, that grant is not valid.
Again, O Bhikkhus, in case a Bhikkhu have committed an offence, and in respect
thereof either the Samgha, or a number of Bhikkhus, or a single Bhikkhu, warn
him, saying, "Does the venerable one call to mind that he has been guilty of
such and such an offence?" And he, though he is not insane, acts in the
(deceptive) way of an insane person 1, saying, "I act so, and you act so
likewise. It beseems me, and it likewise beseems you." Then if the Samgha grant
him the dispensation of those who are no longer insane, that grant is not valid.
These are the three cases, O Bhikkhus, in which a grant of the dispensation for
those who are no longer insane is not valid.
2. 'What are the three cases in which grants of dispensation for those who are
no longer insane are valid?
'In the first place, O Bhikkhus, in case a Bhikkhu be insane and out of his
mind; and by him, when so insane and out of his mind, many things unworthy of a
samana have been committed, as well in speech as in act. And either the Samgha,
or a number of Bhikkhus, or a single Bhikkhu, warns him in respect thereof,
saying, "Does the venerable one call to mind that he has committed such and such
an offence?" And he really not remembering it, answers, "I do not remember,
Sirs, that I have been guilty of such and such an offence." Then if the Samgha
grants him the dispensation for those who are no longer insane, that grant is
valid.
p. 22
'Again, O Bhikkhus, in case a Bhikkhu be insane and out of his mind (&c., as
before, down to) And he, not really remembering it, answers, "I remember it,
Sirs, but as if in a dream." Then if the Samgha grants him the dispensation for
those who are no longer insane, that grant is valid.
'Again, O Bhikkhus, in case a Bhikkhu be insane and out of his mind (&c., as
before, down to) "Does the venerable one call to mind that he has been guilty of
such and such an offence?" And he, being still insane, acts in the way of an
insane person, saying, "I act so, and you act so likewise. It beseems me, and it
likewise beseems you." Then if the Samgha (afterwards) grant him the
dispensation for those who are no longer insane, that grant is valid.
'These are the three cases, O Bhikkhus, in which the grant of the dispensation
for those who are no longer insane is valid.'
Footnotes
21:1 Ummattakâlayam karoti, on which Buddhaghosa says nothing. The word recurs
in the following section.
who are no longer insane are not valid: and three cases in which such grants are
valid.
'What are the three cases in which grants of dispensation for those who are no
longer insane are not valid?
'In the first place, O Bhikkhus, in case a Bhikkhu have committed an offence:
and in respect thereof either the Samgha, or a number of Bhikkhus, or a single
Bhikkhu, warn him, saying, "Does the venerable one call to mind that he has been
guilty of such and such an offence?" And he, notwithstanding that he does
remember it, says, "I do not remember, Sirs, that I have been guilty of such and
such an offence." Then if the Samgha grant him the dispensation of those who are
no longer insane, that grant is not valid.
'Again, O Bhikkhus, in case a Bhikkhu (etc., as before, down to) And he,
notwithstanding that he does remember it, says, "I remember it, Sirs, but as if
in a dream." Then if the Samgha grant him
p. 21
the dispensation of those who are no longer insane, that grant is not valid.
Again, O Bhikkhus, in case a Bhikkhu have committed an offence, and in respect
thereof either the Samgha, or a number of Bhikkhus, or a single Bhikkhu, warn
him, saying, "Does the venerable one call to mind that he has been guilty of
such and such an offence?" And he, though he is not insane, acts in the
(deceptive) way of an insane person 1, saying, "I act so, and you act so
likewise. It beseems me, and it likewise beseems you." Then if the Samgha grant
him the dispensation of those who are no longer insane, that grant is not valid.
These are the three cases, O Bhikkhus, in which a grant of the dispensation for
those who are no longer insane is not valid.
2. 'What are the three cases in which grants of dispensation for those who are
no longer insane are valid?
'In the first place, O Bhikkhus, in case a Bhikkhu be insane and out of his
mind; and by him, when so insane and out of his mind, many things unworthy of a
samana have been committed, as well in speech as in act. And either the Samgha,
or a number of Bhikkhus, or a single Bhikkhu, warns him in respect thereof,
saying, "Does the venerable one call to mind that he has committed such and such
an offence?" And he really not remembering it, answers, "I do not remember,
Sirs, that I have been guilty of such and such an offence." Then if the Samgha
grants him the dispensation for those who are no longer insane, that grant is
valid.
p. 22
'Again, O Bhikkhus, in case a Bhikkhu be insane and out of his mind (&c., as
before, down to) And he, not really remembering it, answers, "I remember it,
Sirs, but as if in a dream." Then if the Samgha grants him the dispensation for
those who are no longer insane, that grant is valid.
'Again, O Bhikkhus, in case a Bhikkhu be insane and out of his mind (&c., as
before, down to) "Does the venerable one call to mind that he has been guilty of
such and such an offence?" And he, being still insane, acts in the way of an
insane person, saying, "I act so, and you act so likewise. It beseems me, and it
likewise beseems you." Then if the Samgha (afterwards) grant him the
dispensation for those who are no longer insane, that grant is valid.
'These are the three cases, O Bhikkhus, in which the grant of the dispensation
for those who are no longer insane is valid.'
Footnotes
21:1 Ummattakâlayam karoti, on which Buddhaghosa says nothing. The word recurs
in the following section.
Cullavagga - Fourth Khandhaka: Chapter 5
1. Now at that time the Bhikkhu Gagga was insane and out of his mind; and by
him, when so insane and out of his mind, many things unworthy of a samana had
been committed, as well in speech as in act 3. The Bhikkhus warned the Bhikkhu
Gagga of a fault so committed by him when insane and out of his mind, saying,
'Does the venerable one call to
p. 19
mind that he has committed such and such an offence?'
He replied, 'I, my friends, was insane and out of my mind. (No doubt) many
things unworthy of a samana, as well in speech as in act, may have been
committed by me when so insane and out of my mind. But I do not recollect it. It
was done by me by reason of my insanity.'
But though they received that answer from him 1, they warned him still, saying,
'Does the venerable one call to mind that he has committed such and such an
offence?'
'Those Bhikkhus who were moderate were annoyed, murmured, and became indignant,
saying, "How can those Bhikkhus warn the Bhikkhu Gagga . . . saying . . . such
and such an offence?" And when he replies, "I, my friends, was insane . . . by
reason of my insanity"--how can those Bhikkhus still warn him, saying . . . of
such and such an offence?'
And those Bhikkhus told the matter to the Blessed One.
'Is it true, O Bhikkhus, that those Bhikkhus (&c., as before, down to) such and
such an offence?'
'It is true, Lord.'
Then he rebuked them, and when he had delivered a religious discourse he
addressed the Bhikkhus, and said:
'Let then the Samgha grant to Gagga the
p. 20
[paragraph continues] Bhikkhu who is now sane the dispensation for those who are
no longer insane.
2. 'And thus, O Bhikkhus, should it be granted.
'Let that Bhikkhu Gagga [here follow the words of the formal request, of the
resolution, and of the grant by decision of the Samgha, exactly in the same way
as in the last case, chapter 4, § 10].'
Footnotes
18:2 The particular decision given in this chapter for the particular case is
elaborated in chap. 14, § 28 below into a general rule for every similar case.
18:3 Buddhaghosa explains this word as follows: 'Bhâsitaparikantan ti vikâya
bhâsitam kâyena parikkantam parikkametvâ katan ti attho.' The similar word
Parikantam, which occurs in the Sutta-vibhaṅga, Pârâgika IV, 1, 2, in the sense
of lacerated, is from the root krint.
19:1 Nam in the text is correct. It is identical with the nam so frequently
found in Jain Prakrit; on which see Weber in his Bhagavatî 'Abhandlungen der
Berliner Akadamie,' 1865, pp. 422 and foll.
him, when so insane and out of his mind, many things unworthy of a samana had
been committed, as well in speech as in act 3. The Bhikkhus warned the Bhikkhu
Gagga of a fault so committed by him when insane and out of his mind, saying,
'Does the venerable one call to
p. 19
mind that he has committed such and such an offence?'
He replied, 'I, my friends, was insane and out of my mind. (No doubt) many
things unworthy of a samana, as well in speech as in act, may have been
committed by me when so insane and out of my mind. But I do not recollect it. It
was done by me by reason of my insanity.'
But though they received that answer from him 1, they warned him still, saying,
'Does the venerable one call to mind that he has committed such and such an
offence?'
'Those Bhikkhus who were moderate were annoyed, murmured, and became indignant,
saying, "How can those Bhikkhus warn the Bhikkhu Gagga . . . saying . . . such
and such an offence?" And when he replies, "I, my friends, was insane . . . by
reason of my insanity"--how can those Bhikkhus still warn him, saying . . . of
such and such an offence?'
And those Bhikkhus told the matter to the Blessed One.
'Is it true, O Bhikkhus, that those Bhikkhus (&c., as before, down to) such and
such an offence?'
'It is true, Lord.'
Then he rebuked them, and when he had delivered a religious discourse he
addressed the Bhikkhus, and said:
'Let then the Samgha grant to Gagga the
p. 20
[paragraph continues] Bhikkhu who is now sane the dispensation for those who are
no longer insane.
2. 'And thus, O Bhikkhus, should it be granted.
'Let that Bhikkhu Gagga [here follow the words of the formal request, of the
resolution, and of the grant by decision of the Samgha, exactly in the same way
as in the last case, chapter 4, § 10].'
Footnotes
18:2 The particular decision given in this chapter for the particular case is
elaborated in chap. 14, § 28 below into a general rule for every similar case.
18:3 Buddhaghosa explains this word as follows: 'Bhâsitaparikantan ti vikâya
bhâsitam kâyena parikkantam parikkametvâ katan ti attho.' The similar word
Parikantam, which occurs in the Sutta-vibhaṅga, Pârâgika IV, 1, 2, in the sense
of lacerated, is from the root krint.
19:1 Nam in the text is correct. It is identical with the nam so frequently
found in Jain Prakrit; on which see Weber in his Bhagavatî 'Abhandlungen der
Berliner Akadamie,' 1865, pp. 422 and foll.
Cullavagga - Fourth Khandhaka: Chapter 4
1. Now at that time the Blessed Buddha was staying at Râjagaha, in the Kalandaka
Nivâpa, in the Bamboo Grove.
Now at that time the venerable Dabba the Mallian, who had realised Arahatship
when he was seven years old, had entered into possession of every (spiritual
gift) which can be acquired by a disciple; there was nothing left that he ought
still to do, nothing left that he ought to gather up of the fruit of his past
labour 2. And when the venerable Dabba the Mallian had retired into solitude,
and was sunk in thought, the following consideration presented itself to his
mind: 'Arahatship had I
p. 5
acquired when I was seven years old. I have gained everything that a learner can
reach to. There is nothing further left for me to do, nothing to gather up of
the fruit of that which I have done. What service is it possible for me to
render to the Samgha?' And it occurred to the venerable Dabba the Mallian: 'It
would be a good thing for me to regulate the lodging-places for the Samgha, and
to apportion the rations of food.'
2. And when, at eventide, the venerable Dabba the Mallian had arisen from his
meditations, he went to the place where the Blessed One was; and when he had
come there he saluted the Blessed One, and took his seat on one side; and when
he was so seated the venerable Dabba the Mallian spake thus to the Blessed One:
'When I had retired, Lord, into solitude and was sunk in thought, the following
consideration presented itself to my mind (&c., as before, down to) It would be
a good thing for me to regulate the lodging-places for the Samgha, and to
apportion the rations of food. I desire, Lord, [so to do].'
'Very good, Dabba. Do you then regulate the lodging-places for the Samgha, and
apportion the rations of food!'
'It is well, Lord,' said the venerable Dabba the Mallian, accepting the word of
the Blessed One.
3. And the Blessed One on that occasion and in that connection, when he had
delivered a religious discourse, addressed the Bhikkhus, and said:
'Let then the Samgha, O Bhikkhus, appoint Dabba the Mallian as the regulator of
lodging-places, and as the apportioner of rations. And thus, O Bhikkhus, should
the appointment be made.
p. 6
'First Dabba should be asked (whether he is willing to undertake the office).
When he has been asked, some able and discreet Bhikkhu should lay the resolution
before the Samgha, saying,
'"Let the venerable Samgha hear me.
'"If it be convenient to the Samgha, let the Samgha appoint Dabba the Mallian as
regulator of lodging-places, and as apportioner of rations. '"This is the
resolution (ñatti).
'"Let the venerable Samgha hear me.
'"The Samgha appoints the venerable Dabba the Mallian as regulator of
lodging-places, and as apportioner of rations. Whosoever of the venerable ones
agrees that Dabba should be so appointed, let him remain silent; whosoever does
not agree, let him speak. The venerable Dabba is appointed by the Samgha as
regulator of the lodging-places, and as apportioner of rations. The Samgha
approves thereof. Therefore is it silent. Thus do I understand."'
4. And the venerable Dabba the Mallian, being so chosen, appointed one
lodging-place in the same place for the Bhikkhus who belonged to the same
division. For those Bhikkhus who were repeaters of the Suttantas he appointed a
lodging-place together, thinking, 'They will be able to chant over the Suttantas
to one another.' For those Bhikkhus who were in charge of the Vinaya he
appointed a lodging-place together, thinking, 'They will be able to discuss the
Vinaya one with another.' For those Bhikkhus who were preachers of the Dhamma he
appointed a lodging-place together, thinking, 'They will be able to talk over
the Dhamma one with another.' For those Bhikkhus who were given to
p. 7
meditation 1 he appointed one lodging-place together, thinking, 'They will not
disturb one another.' For those Bhikkhus who were wise in worldly lore, and
abounding in bodily vigour 2, he appointed one lodging-place together, thinking,
'These venerable ones, too, will thus remain settled according to their
pleasure.' And for such Bhikkhus as came in late, for them he caught fire 3, and
by the light of the flame thereof he pointed out to them a lodging-place.
So much so 4 that Bhikkhus of set purpose would come in late, thinking, 'We
shall thus behold the power of the Iddhi of the venerable Dabba the Mallian.'
And they went up to the venerable Dabba the Mallian, and said: 'Appoint us, O
venerable Dabba, a lodging-place.'
And to them the venerable Dabba the Mallian would speak thus: 'Where do the
venerable ones desire to rest? Where shall I appoint it?'
And they of set purpose would designate some place afar, saying, 'May the
venerable Dabba appoint us a lodging-place on the Vulture's Peak; may the
venerable one appoint us a lodging-place at the Robber's Cliff; may the
venerable one appoint us a lodging-place at the Black Rock on the Isigili Passa;
may the venerable one appoint us a lodging on the Vebhâra Passa; may the
venerable one appoint us a lodging-place in the Sattapanni Cave; may the
p. 8
venerable one appoint us a lodging-place in the mountain cave of the Snake's
Pool in Sîta's Wood; may the venerable one appoint us a lodging-place in the
Gomata Grotto; may the venerable one appoint us a lodging-place in the cave of
the Tinduka Tree; may the venerable one appoint us a lodging-place at the Tapoda
Ghât; may the venerable one appoint us a lodging-place in the Tapoda Ârâma; may
the venerable one appoint us a lodging-place in Gîvaka's Mango Grove; may the
venerable one appoint us a lodging-place in the deer-park at Maddakukkhi.'
And the venerable Dabba the Mallian would burst into flame, and walk on in front
of them with his finger burning, and they by the light thereof would follow
close upon the venerable Dabba the Mallian. And the venerable Dabba the Mallian
would appoint them a lodging-place, saying, 'This is the couch, and this the
stool, and this the mat, and this the pillow, and this the privy place, and this
the drinking-water 1, and this the water for washing, and this the staff 2, and
this the form of (the result of) the consultation of the Samgha 3, that at such
and such a time are you to enter thereon, and at such and such a time are you to
depart therefrom 4.' And when the
p. 9
venerable Dabba the Mallian had thus appointed unto them their lodging-place, he
would return back again to the Bamboo Grove.
5. Now at that time the Bhikkhus who were followers of Mettiya and Bhummagaka 1
had been but recently received into the Samgha, and were wanting in merit, and
such among the lodging-places appertaining to the Samgha as were inferior fell
to their lot, and the inferior rations 2.
Now at that time the people of Râgagaha were desirous of presenting to the Thera
Bhikkhus a wishing-gift 3, to wit, ghee and oil and dainty bits 4; while to the
Bhikkhus who were followers of Mettiya and Bhummagaka they used to give an
ordinary gift according to their ability, to wit, scraps of food and sour gruel
with it 5.
p. 10
When they had returned from their receipt of alms, and had eaten their meal,
they asked the Thera Bhikkhus, 'What did you get, Sirs, at the place of alms;
what did you get?'
Some of the Theras answered, Sirs; 'We had ghee, we had oil, we had dainty
bits.'
The Bhikkhus who were followers of Mettiya and Bhummagaka replied: 'We got
nothing at all, Sirs; just an ordinary gift such as they could manage, scraps of
food, and sour gruel with it.'
6. Now at that time a certain householder, possessed of good food 1, used to
give a perpetual alms to the Samgha, a meal for four Bhikkhus. He with his wife
and children used to stand at the place of alms and serve; and offer to some
Bhikkhus boiled rice, and to some congey, and to some oil, and to some dainty
bits.
Now at that time the meal for the Bhikkhus who were followers of Mettiya and
Bhummagaka had been fixed for the morrow at the house of this prosperous
householder. 'And the prosperous householder went to the Ârâma for some business
or other, and went up to the place where the venerable Dabba the Mallian was.
And when he had come there, he saluted the venerable Dabba the Mallian, and took
his seat on one side. And him so seated did the venerable Dabba instruct, and
arouse, and gladden, and incite with religious discourse.
And when the prosperous householder had thus been instructed, and aroused, and
gladdened, and incited by the venerable Dabba the Mallian with
p. 11
religious discourse, he said to the venerable Dabba the Mallian: 'For whom, Sir,
has the meal been appointed to-morrow at our house?'
'The meal has been appointed, my friend, at your house to-morrow for those
Bhikkhus who are followers of Mettiya and Bhummagaka.'
Then the prosperous householder was ill-pleased, thinking, 'How can bad Bhikkhus
enjoy themselves at our house?' And going home he gave command to the
slave-girl: 'For those who come to-morrow for the meal, spread out the mats in
the entrance hall 1, and serve them with scraps of food,, and with sour gruel
with it!'
'Even so, Sir!' said the slave-girl, accepting the word of the householder.
7. Then the Bhikkhus who were followers of Mettiya and Bhummagaka spake one to
another: 'Yesterday a meal has been appointed for us at the house of the
prosperous householder. To-morrow he, with his wife and children, will attend
upon us at the place of alms, and serve us. And he will offer to some of us
boiled rice, and to some congey, and to some oil, and to some dainty bits. And
through joy thereat they slept uneasily that night.
Then the Bhikkhus who were followers of Mettiya and Bhummagaka, having robed
themselves in the early morning, went duly bowled and robed to the
dwelling-place of the prosperous householder. And that slave-girl saw the
Bhikkhus who were followers
p. 12
of Mettiya and Bhummagaka approaching from afar; and spreading out the mats in
the entrance hall, she said to them, 'Be seated, Sirs.'
And the Bhikkhus who were followers of Mettiya and Bhummagaka thought: 'For a
certainty the meal cannot yet be ready, since we are told to take our seats in
the entrance.'
Then the slave-girl coming up with scraps of food, and sour gruel with it, said
to them, 'Eat, Sirs!'
'We, sister, are of those for whom perpetual meals are provided.'
'I know, Sirs, that you are so. But only yesterday I received command from the
householder that for them who should come to-morrow for the meal I was to spread
out the mats in the entrance hall, and serve them with scraps of food, and some
gruel with it. Eat, Sirs!'
Then the Bhikkhus who were followers of Mettiya and Bhummagaka thought: 'It was
yesterday that the householder, the prosperous one, came to the Ârâma to visit
Dabba the Mallian. For a certainty the householder must have been set against us
by Dabba the Mallian.' And through sorrow thereat they ate uneasily. And the
Bhikkhus who were followers of Mettiya and Bhummagaka, when they had finished
their meal, returned from the receipt of alms, went to the Ârâma, and laid aside
their bowls and their robes, and sat down outside the porch of the Ârâma,
squatting against their waist cloths 1,
p. 13
silent, and ashamed, with fallen hearts 1, and sunken faces, moody, and
bewildered 2.
8. Now the Bhikkhunî Mettiyâ came up to the place where the Bhikkhus who were
followers of Mettiya and Bhummagaka were: and when she had come there she said
to them: 'My salutation to you, Sirs 3!'
When she had so said the Bhikkhus who were followers of Mettiya and Bhummagaka
did not speak to her. So a second time she said to them: 'My salutation to you,
Sirs!' and they did not speak. And a third time she said to them: 'My salutation
to you, Sirs!' Still the third time the Bhikkhus who were followers of Mettiya
and Bhummagaka did not speak. And she said: 'Wherein have I offended you, Sirs?
Wherefore do you not speak to me?'
'Are you then so indifferent 4, sister, when we are tormented by Dabba the
Mallian?'
'But what can I do, Sirs?'
p. 14
'If you like, sister, you could this very day make the Blessed One expel the
venerable Dabba the Mallian.'
'But what shall I do, Sirs? What is it that it is in my power to do?'
'Come now, sister; do you go to the place where the Blessed One is, and when you
have come there say as follows: "This, Lord, is neither fit nor proper that the
very quarter of the heavens which should be safe, secure, and free from danger,
that from that very quarter should come danger, calamity, and distress--that
where one might expect a calm, one should meet a gale. Methinks the very water
has taken fire. I have been defiled, Lord, by Dabba the Mallian!'
'Very well, Sirs!' said the Bhikkhunî Mettiyâ, accepting the word of the
followers of Mettiya and Bhummagaka. And she went to the Blessed One [and spake
even as she had been directed].
9. Then the Blessed One, on that occasion and in that connection, convened a
meeting of the Samgha, and asked the venerable Dabba the Mallian:
'Are you conscious 1, Dabba, of having done such a thing as this Bhikkhunî
says?'
'Even as my Lord, the Blessed One, knows me.' [And a second and a third time the
Blessed One asked the same question, and received the same reply.]
p. 15
Then said the Blessed One: 'The Dabbas, O Dabba, do not thus repudiate 1. If you
have done it, say so. If you have not done it, say you have not.'
'Since I was born, Lord, I cannot call to mind 2 that I have practised sexual
intercourse even in a dream, much less when I was awake!'
And the Blessed One addressed the Bhikkhus, and said: 'Expel then, O Bhikkhus,
the Bhikkhunî Mettiyâ, and examine those Bhikkhus about it.' And so saying he
rose from his seat and entered into the Vihâra.
Then those Bhikkhus expelled the Bhikkhunî Mettiyâ. But the Bhikkhus who were
followers of Mettiya and Bhummagaka said to those Bhikkhus: 'Do not, Sirs, expel
the Bhikkhunî Mettiyâ. She has not committed any offence. She has been set on by
us with angry and bitter intentions of causing his fall.'
'What then, Sirs? is it you who are thus harassing the venerable Dabba the
Mallian with a groundless charge and breach of morality?'
'That is true, Sirs.'
Then those Bhikkhus who were moderate were indignant and annoyed and complained,
saying, 'How can these Bhikkhus the followers of Mettiya and Bhummagaka harass
the venerable Dabba the Mallian with a groundless charge of breach of
p. 16
morality?' And they told the matter to the Blessed One.
'Is this true, O Bhikkhus?'
'It is true, Lord.'
Then he rebuked them, and when he had delivered a religious discourse, he
addressed the Bhikkhus, and said:
Let then the Samgha grant to Dabba the Mallian, whose conscience in respect of
this matter is quite clear, the Proceeding for the consciously innocent 1.
10. 'And thus, O Bhikkhus, is it to be granted.
'Let that Dabba the Mallian go before the Samgha, and having arranged his robe
over one shoulder, let him bow down at the feet of the senior Bhikkhus; and
crouching down 2, let him stretch
p. 17
forth his hands with the palms joined together, and let him say, "These
Bhikkhus, Sirs, the followers of Mettiya and Bhummagaka, are harassing me by a
groundless charge of breach of morality. But I, Sirs, in respect thereof have a
clear conscience, and I ask the Samgha for the acquittal to be accorded to those
who are conscious of innocence." Then some able and discreet Bhikkhu is thus to
lay the resolution (ñatti) before the Samgha. "Let the venerable Samgha hear me.
These Bhikkhus, Sirs, the followers of Mettiya and Bhummagaka, are harassing the
venerable Dabba the Mallian with a groundless charge of a breach of morality,
and the venerable Dabba the Mallian has in respect thereof a conscience that is
clear, and asks the Samgha for the acquittal of those who are conscious of
innocence. If the time is convenient to the Samgha, let the Samgha accord to the
venerable Dabba the Mallian the acquittal of those who are conscious of
innocence. This is the resolution. Let the venerable Samgha hear me. These
Bhikkhus (&c., as before, down to) asks the Samgha for the acquittal of those
who are conscious of innocence. The Samgha accords to the venerable Dabba the
Mallian the acquittal of those who are consciously innocent. Whosoever of the
venerable ones approves of the grant to Dabba the Mallian of the acquittal of
those who are conscious of innocence, let him keep silence, Whosoever approves
not thereof, let him speak. And a second time I say the same thing. And a third
time I say the same thing. Let the venerable Samgha hear me. These Bhikkhus
(&c., as before, down to) let him speak. The acquittal of those who are
conscious of innocence has been
p. 18
granted by the Samgha to Dabba the Mallian. The Samgha approves thereof.
Therefore is it silent. Thus do I understand 1."'
11. 'There are five things which make a grant of acquittal to those who are
conscious of innocence to be according to law. The Bhikkhu must be innocent and
without offence, others must have censured him, he must ask the Samgha for
acquittal as being conscious of innocence, the Samgha must grant it, the Samgha
must be duly held and duly constituted. These, O Bhikkhus, are the five things
which make a grant of the acquittal of those who are conscious of innocence to
be according to law.'
Footnotes
4:1 The whole of the following story of Dabba down to the end of section 9
(except the last sentence) recurs in the Sutta-vibhaṅga as the Introductory
Story to the Eighth Samghâdisesa. The Samanta Pâsâdikâ has therefore no
commentary upon it here, and the few extracts that we give from it are taken
from the notes of that work on the corresponding passage in the Sutta-vibhaṅga.
The stupidity of Udâyi, who once supplanted Dabba the Mallian in the performance
of his duty as bhattuddesaka, forms the burthen of the Introductory Story to the
Gâtaka on 'the Measure of Rice' (No. 5 in the Gâtaka book; 'Buddhist Birth
Stories,' pp. 172 and following).
4:2 On this phrase compare Mahâvagga V, 1, 21, and the verses at V, 1, 27.
7:1 Ghâyino possibly used with the technical connotation of, being addicted to
the practice of the Four Ghâna meditations; but compare Mahâvagga I, 1, 3, 5, 7.
7:2 See the comment as quoted by H.O.
7:3 Compare the use of tegodhâtum samâpaggitvâ at Mahâvagga I, 15, 4.
7:4 Compare api ssu at Kullavagga I, 9, 1.
8:1 That paribhoganiyam does not mean drinking-water, as Childers renders it, is
clear from VIII, 1, 2, where it is implied that it is to be used for washing
feet. Our translation of Mahâvagga II, 20, 5 should be corrected accordingly.
8:2 Compare below, VIII, 6, 3.
8:3 Katika-santhânam. Compare Gâtaka I, 81, and Mahâvagga VIII, 32, and
Kullavagga VIII, 1, 2.
8:4 That this is the correct rendering of this otherwise doubtful p. 9 passage
is clear from the closing words of VIII, 1, 2, where most of these phrases
recur. In the text, for the last word nikkhipitabbam read nikkhamitabbam, as
pointed out in the note at p. 363 of the edition of the text.
9:1 These were two of the six leaders of the notorious Khabbaggiya Bhikkhus.
9:2 Compare the 22nd Nissaggiya.
9:3 Abhisamkhârikam; that is, a gift by the giving of which the donor expressly
wished that a particular result (as, for stance, that the donor should be
re-born as a king or queen, or should enter the paths, or have opportunity to
hear a Buddha preach) should be brought about by the normal effect of that good
act in a future birth. There are not a few instances of such wishes, and of
their fulfilment, recorded in various parts of the sacred literature.
9:4 Uttaribhaṅgam. See the passages quoted in the note on Mahâvagga VI, 14, 3.
These three things are also mentioned together at VIII, 4, 4.
9:5 These expressions recur at Gâtaka I, 228. The Samanta Pâsâdikâ says merely
kanâgakan ti sakuntaka-bhattam. Bilaṅgadutiyan ti kañgika-dutiyam.
10:1 The Samanta Pâsâdikâ says simply kalyânam bhattam assâ ti kalyâna-bhattiko.
11:1 Kotthake, which means the battlemented gateway which formed the entrance to
an important house; and in which there was a room. See Gâtaka I, 227.
12:1 Samghâti-pallatthikâya. There is a misprint in the text (°ttikâya). On this
curious expression, see below, V, 28, 2.
13:1 Pattakkhandhâ, which the Samanta Pâsâdikâ explains by patitakkhandhâ.
Khandhâ here seems to mean 'faculties.' Compare the use of Dhammâ in a similar
connection at Mahâ-parinibbâna Sutta II, 32 = Mahâvagga V, 13, 9; and see
Buddhaghosa's commentary on that passage, quoted by Rh. D. in 'Buddhist Suttas
from the Pâli,' p. 36.
13:2 Appatibhânâ. Patibhânam is the rapid suggestion of an idea in a case of
doubt or difficulty, an illumination; so that patibhânako, the man of ready wit,
may be compared with upâya-kusalo, the man fertile in resource. 'Absent-minded'
would be an incorrect rendering; they had no idea what to think or do, and the
appearance of the nun on the scene (in the next paragraph) supplied the want.
Till then they hesitated, drifted.
13:3 The following narrative, down to § 9, is repeated almost word for word in
V, 20, only that the person there persuaded to bring the false accusation is
different.
13:4 Agghupekkhati. Compare Gâtaka I, 147.
14:1 Literally, 'Do you recollect?' But it is quite clear from the technical
words at the close of this section that the verb sarati had already acquired the
secondary meaning 'to be conscious of.' The whole story is peculiarly valuable
as illustrating the growth of the connotation of the verb and its allied
meanings, and indirectly the origin and growth of the idea of 'conscience' which
has played so great a part in theological and ethical speculation.
15:1 That is, 'Men of character and standing such as yours, O Dabba, are not in
the habit of repudiating a charge in so indirect a manner by adverting merely to
their standing and known character.'
15:2 Here the word used is abhigânâmi.
16:1 Dabbassa sati-vepulla-ppattassa sati-vinayam detu. The explanation of the
compound sati-vepulla-ppatto given by Childers, though it rests on so good an
authority as that of Vigesimha Mudaliar, cannot be right. He makes it mean 'a
man of great intellectual development.' But sati must here refer to the fact
that Dabba has been formally called upon to remember (sarîto) whether he did or
did not commit the offence. And though the exact sense of the compound is
subject to some doubt, the general sense of the clause must be very much as we
have conjecturally rendered it. On this formal appeal to the conscience, or
memory (sati), of a Bhikkhu charged with an offence, or supposed to have
offended, see Kullavagga I, 2, and 5 at the end; and X, 20.
16:2 Ukkutikam nisîditvâ. This verb does not mean 'to sit on the hams,' as
rendered by Childers. The exact posture, unknown in Europe, is to crouch down on
the feet (keeping both toes and heels on the ground) in such a way that the hams
do not touch the ground, but come within an inch or two of it. Europeans find it
very difficult to retain this posture for any length of time, but the natives of
India find it easy, and it is regarded in the Pitakas as a posture of humility.
18:1 This section is repeated below, chap. 14, § 27, with the necessary
alterations for a general rule instead of a particular case.
Nivâpa, in the Bamboo Grove.
Now at that time the venerable Dabba the Mallian, who had realised Arahatship
when he was seven years old, had entered into possession of every (spiritual
gift) which can be acquired by a disciple; there was nothing left that he ought
still to do, nothing left that he ought to gather up of the fruit of his past
labour 2. And when the venerable Dabba the Mallian had retired into solitude,
and was sunk in thought, the following consideration presented itself to his
mind: 'Arahatship had I
p. 5
acquired when I was seven years old. I have gained everything that a learner can
reach to. There is nothing further left for me to do, nothing to gather up of
the fruit of that which I have done. What service is it possible for me to
render to the Samgha?' And it occurred to the venerable Dabba the Mallian: 'It
would be a good thing for me to regulate the lodging-places for the Samgha, and
to apportion the rations of food.'
2. And when, at eventide, the venerable Dabba the Mallian had arisen from his
meditations, he went to the place where the Blessed One was; and when he had
come there he saluted the Blessed One, and took his seat on one side; and when
he was so seated the venerable Dabba the Mallian spake thus to the Blessed One:
'When I had retired, Lord, into solitude and was sunk in thought, the following
consideration presented itself to my mind (&c., as before, down to) It would be
a good thing for me to regulate the lodging-places for the Samgha, and to
apportion the rations of food. I desire, Lord, [so to do].'
'Very good, Dabba. Do you then regulate the lodging-places for the Samgha, and
apportion the rations of food!'
'It is well, Lord,' said the venerable Dabba the Mallian, accepting the word of
the Blessed One.
3. And the Blessed One on that occasion and in that connection, when he had
delivered a religious discourse, addressed the Bhikkhus, and said:
'Let then the Samgha, O Bhikkhus, appoint Dabba the Mallian as the regulator of
lodging-places, and as the apportioner of rations. And thus, O Bhikkhus, should
the appointment be made.
p. 6
'First Dabba should be asked (whether he is willing to undertake the office).
When he has been asked, some able and discreet Bhikkhu should lay the resolution
before the Samgha, saying,
'"Let the venerable Samgha hear me.
'"If it be convenient to the Samgha, let the Samgha appoint Dabba the Mallian as
regulator of lodging-places, and as apportioner of rations. '"This is the
resolution (ñatti).
'"Let the venerable Samgha hear me.
'"The Samgha appoints the venerable Dabba the Mallian as regulator of
lodging-places, and as apportioner of rations. Whosoever of the venerable ones
agrees that Dabba should be so appointed, let him remain silent; whosoever does
not agree, let him speak. The venerable Dabba is appointed by the Samgha as
regulator of the lodging-places, and as apportioner of rations. The Samgha
approves thereof. Therefore is it silent. Thus do I understand."'
4. And the venerable Dabba the Mallian, being so chosen, appointed one
lodging-place in the same place for the Bhikkhus who belonged to the same
division. For those Bhikkhus who were repeaters of the Suttantas he appointed a
lodging-place together, thinking, 'They will be able to chant over the Suttantas
to one another.' For those Bhikkhus who were in charge of the Vinaya he
appointed a lodging-place together, thinking, 'They will be able to discuss the
Vinaya one with another.' For those Bhikkhus who were preachers of the Dhamma he
appointed a lodging-place together, thinking, 'They will be able to talk over
the Dhamma one with another.' For those Bhikkhus who were given to
p. 7
meditation 1 he appointed one lodging-place together, thinking, 'They will not
disturb one another.' For those Bhikkhus who were wise in worldly lore, and
abounding in bodily vigour 2, he appointed one lodging-place together, thinking,
'These venerable ones, too, will thus remain settled according to their
pleasure.' And for such Bhikkhus as came in late, for them he caught fire 3, and
by the light of the flame thereof he pointed out to them a lodging-place.
So much so 4 that Bhikkhus of set purpose would come in late, thinking, 'We
shall thus behold the power of the Iddhi of the venerable Dabba the Mallian.'
And they went up to the venerable Dabba the Mallian, and said: 'Appoint us, O
venerable Dabba, a lodging-place.'
And to them the venerable Dabba the Mallian would speak thus: 'Where do the
venerable ones desire to rest? Where shall I appoint it?'
And they of set purpose would designate some place afar, saying, 'May the
venerable Dabba appoint us a lodging-place on the Vulture's Peak; may the
venerable one appoint us a lodging-place at the Robber's Cliff; may the
venerable one appoint us a lodging-place at the Black Rock on the Isigili Passa;
may the venerable one appoint us a lodging on the Vebhâra Passa; may the
venerable one appoint us a lodging-place in the Sattapanni Cave; may the
p. 8
venerable one appoint us a lodging-place in the mountain cave of the Snake's
Pool in Sîta's Wood; may the venerable one appoint us a lodging-place in the
Gomata Grotto; may the venerable one appoint us a lodging-place in the cave of
the Tinduka Tree; may the venerable one appoint us a lodging-place at the Tapoda
Ghât; may the venerable one appoint us a lodging-place in the Tapoda Ârâma; may
the venerable one appoint us a lodging-place in Gîvaka's Mango Grove; may the
venerable one appoint us a lodging-place in the deer-park at Maddakukkhi.'
And the venerable Dabba the Mallian would burst into flame, and walk on in front
of them with his finger burning, and they by the light thereof would follow
close upon the venerable Dabba the Mallian. And the venerable Dabba the Mallian
would appoint them a lodging-place, saying, 'This is the couch, and this the
stool, and this the mat, and this the pillow, and this the privy place, and this
the drinking-water 1, and this the water for washing, and this the staff 2, and
this the form of (the result of) the consultation of the Samgha 3, that at such
and such a time are you to enter thereon, and at such and such a time are you to
depart therefrom 4.' And when the
p. 9
venerable Dabba the Mallian had thus appointed unto them their lodging-place, he
would return back again to the Bamboo Grove.
5. Now at that time the Bhikkhus who were followers of Mettiya and Bhummagaka 1
had been but recently received into the Samgha, and were wanting in merit, and
such among the lodging-places appertaining to the Samgha as were inferior fell
to their lot, and the inferior rations 2.
Now at that time the people of Râgagaha were desirous of presenting to the Thera
Bhikkhus a wishing-gift 3, to wit, ghee and oil and dainty bits 4; while to the
Bhikkhus who were followers of Mettiya and Bhummagaka they used to give an
ordinary gift according to their ability, to wit, scraps of food and sour gruel
with it 5.
p. 10
When they had returned from their receipt of alms, and had eaten their meal,
they asked the Thera Bhikkhus, 'What did you get, Sirs, at the place of alms;
what did you get?'
Some of the Theras answered, Sirs; 'We had ghee, we had oil, we had dainty
bits.'
The Bhikkhus who were followers of Mettiya and Bhummagaka replied: 'We got
nothing at all, Sirs; just an ordinary gift such as they could manage, scraps of
food, and sour gruel with it.'
6. Now at that time a certain householder, possessed of good food 1, used to
give a perpetual alms to the Samgha, a meal for four Bhikkhus. He with his wife
and children used to stand at the place of alms and serve; and offer to some
Bhikkhus boiled rice, and to some congey, and to some oil, and to some dainty
bits.
Now at that time the meal for the Bhikkhus who were followers of Mettiya and
Bhummagaka had been fixed for the morrow at the house of this prosperous
householder. 'And the prosperous householder went to the Ârâma for some business
or other, and went up to the place where the venerable Dabba the Mallian was.
And when he had come there, he saluted the venerable Dabba the Mallian, and took
his seat on one side. And him so seated did the venerable Dabba instruct, and
arouse, and gladden, and incite with religious discourse.
And when the prosperous householder had thus been instructed, and aroused, and
gladdened, and incited by the venerable Dabba the Mallian with
p. 11
religious discourse, he said to the venerable Dabba the Mallian: 'For whom, Sir,
has the meal been appointed to-morrow at our house?'
'The meal has been appointed, my friend, at your house to-morrow for those
Bhikkhus who are followers of Mettiya and Bhummagaka.'
Then the prosperous householder was ill-pleased, thinking, 'How can bad Bhikkhus
enjoy themselves at our house?' And going home he gave command to the
slave-girl: 'For those who come to-morrow for the meal, spread out the mats in
the entrance hall 1, and serve them with scraps of food,, and with sour gruel
with it!'
'Even so, Sir!' said the slave-girl, accepting the word of the householder.
7. Then the Bhikkhus who were followers of Mettiya and Bhummagaka spake one to
another: 'Yesterday a meal has been appointed for us at the house of the
prosperous householder. To-morrow he, with his wife and children, will attend
upon us at the place of alms, and serve us. And he will offer to some of us
boiled rice, and to some congey, and to some oil, and to some dainty bits. And
through joy thereat they slept uneasily that night.
Then the Bhikkhus who were followers of Mettiya and Bhummagaka, having robed
themselves in the early morning, went duly bowled and robed to the
dwelling-place of the prosperous householder. And that slave-girl saw the
Bhikkhus who were followers
p. 12
of Mettiya and Bhummagaka approaching from afar; and spreading out the mats in
the entrance hall, she said to them, 'Be seated, Sirs.'
And the Bhikkhus who were followers of Mettiya and Bhummagaka thought: 'For a
certainty the meal cannot yet be ready, since we are told to take our seats in
the entrance.'
Then the slave-girl coming up with scraps of food, and sour gruel with it, said
to them, 'Eat, Sirs!'
'We, sister, are of those for whom perpetual meals are provided.'
'I know, Sirs, that you are so. But only yesterday I received command from the
householder that for them who should come to-morrow for the meal I was to spread
out the mats in the entrance hall, and serve them with scraps of food, and some
gruel with it. Eat, Sirs!'
Then the Bhikkhus who were followers of Mettiya and Bhummagaka thought: 'It was
yesterday that the householder, the prosperous one, came to the Ârâma to visit
Dabba the Mallian. For a certainty the householder must have been set against us
by Dabba the Mallian.' And through sorrow thereat they ate uneasily. And the
Bhikkhus who were followers of Mettiya and Bhummagaka, when they had finished
their meal, returned from the receipt of alms, went to the Ârâma, and laid aside
their bowls and their robes, and sat down outside the porch of the Ârâma,
squatting against their waist cloths 1,
p. 13
silent, and ashamed, with fallen hearts 1, and sunken faces, moody, and
bewildered 2.
8. Now the Bhikkhunî Mettiyâ came up to the place where the Bhikkhus who were
followers of Mettiya and Bhummagaka were: and when she had come there she said
to them: 'My salutation to you, Sirs 3!'
When she had so said the Bhikkhus who were followers of Mettiya and Bhummagaka
did not speak to her. So a second time she said to them: 'My salutation to you,
Sirs!' and they did not speak. And a third time she said to them: 'My salutation
to you, Sirs!' Still the third time the Bhikkhus who were followers of Mettiya
and Bhummagaka did not speak. And she said: 'Wherein have I offended you, Sirs?
Wherefore do you not speak to me?'
'Are you then so indifferent 4, sister, when we are tormented by Dabba the
Mallian?'
'But what can I do, Sirs?'
p. 14
'If you like, sister, you could this very day make the Blessed One expel the
venerable Dabba the Mallian.'
'But what shall I do, Sirs? What is it that it is in my power to do?'
'Come now, sister; do you go to the place where the Blessed One is, and when you
have come there say as follows: "This, Lord, is neither fit nor proper that the
very quarter of the heavens which should be safe, secure, and free from danger,
that from that very quarter should come danger, calamity, and distress--that
where one might expect a calm, one should meet a gale. Methinks the very water
has taken fire. I have been defiled, Lord, by Dabba the Mallian!'
'Very well, Sirs!' said the Bhikkhunî Mettiyâ, accepting the word of the
followers of Mettiya and Bhummagaka. And she went to the Blessed One [and spake
even as she had been directed].
9. Then the Blessed One, on that occasion and in that connection, convened a
meeting of the Samgha, and asked the venerable Dabba the Mallian:
'Are you conscious 1, Dabba, of having done such a thing as this Bhikkhunî
says?'
'Even as my Lord, the Blessed One, knows me.' [And a second and a third time the
Blessed One asked the same question, and received the same reply.]
p. 15
Then said the Blessed One: 'The Dabbas, O Dabba, do not thus repudiate 1. If you
have done it, say so. If you have not done it, say you have not.'
'Since I was born, Lord, I cannot call to mind 2 that I have practised sexual
intercourse even in a dream, much less when I was awake!'
And the Blessed One addressed the Bhikkhus, and said: 'Expel then, O Bhikkhus,
the Bhikkhunî Mettiyâ, and examine those Bhikkhus about it.' And so saying he
rose from his seat and entered into the Vihâra.
Then those Bhikkhus expelled the Bhikkhunî Mettiyâ. But the Bhikkhus who were
followers of Mettiya and Bhummagaka said to those Bhikkhus: 'Do not, Sirs, expel
the Bhikkhunî Mettiyâ. She has not committed any offence. She has been set on by
us with angry and bitter intentions of causing his fall.'
'What then, Sirs? is it you who are thus harassing the venerable Dabba the
Mallian with a groundless charge and breach of morality?'
'That is true, Sirs.'
Then those Bhikkhus who were moderate were indignant and annoyed and complained,
saying, 'How can these Bhikkhus the followers of Mettiya and Bhummagaka harass
the venerable Dabba the Mallian with a groundless charge of breach of
p. 16
morality?' And they told the matter to the Blessed One.
'Is this true, O Bhikkhus?'
'It is true, Lord.'
Then he rebuked them, and when he had delivered a religious discourse, he
addressed the Bhikkhus, and said:
Let then the Samgha grant to Dabba the Mallian, whose conscience in respect of
this matter is quite clear, the Proceeding for the consciously innocent 1.
10. 'And thus, O Bhikkhus, is it to be granted.
'Let that Dabba the Mallian go before the Samgha, and having arranged his robe
over one shoulder, let him bow down at the feet of the senior Bhikkhus; and
crouching down 2, let him stretch
p. 17
forth his hands with the palms joined together, and let him say, "These
Bhikkhus, Sirs, the followers of Mettiya and Bhummagaka, are harassing me by a
groundless charge of breach of morality. But I, Sirs, in respect thereof have a
clear conscience, and I ask the Samgha for the acquittal to be accorded to those
who are conscious of innocence." Then some able and discreet Bhikkhu is thus to
lay the resolution (ñatti) before the Samgha. "Let the venerable Samgha hear me.
These Bhikkhus, Sirs, the followers of Mettiya and Bhummagaka, are harassing the
venerable Dabba the Mallian with a groundless charge of a breach of morality,
and the venerable Dabba the Mallian has in respect thereof a conscience that is
clear, and asks the Samgha for the acquittal of those who are conscious of
innocence. If the time is convenient to the Samgha, let the Samgha accord to the
venerable Dabba the Mallian the acquittal of those who are conscious of
innocence. This is the resolution. Let the venerable Samgha hear me. These
Bhikkhus (&c., as before, down to) asks the Samgha for the acquittal of those
who are conscious of innocence. The Samgha accords to the venerable Dabba the
Mallian the acquittal of those who are consciously innocent. Whosoever of the
venerable ones approves of the grant to Dabba the Mallian of the acquittal of
those who are conscious of innocence, let him keep silence, Whosoever approves
not thereof, let him speak. And a second time I say the same thing. And a third
time I say the same thing. Let the venerable Samgha hear me. These Bhikkhus
(&c., as before, down to) let him speak. The acquittal of those who are
conscious of innocence has been
p. 18
granted by the Samgha to Dabba the Mallian. The Samgha approves thereof.
Therefore is it silent. Thus do I understand 1."'
11. 'There are five things which make a grant of acquittal to those who are
conscious of innocence to be according to law. The Bhikkhu must be innocent and
without offence, others must have censured him, he must ask the Samgha for
acquittal as being conscious of innocence, the Samgha must grant it, the Samgha
must be duly held and duly constituted. These, O Bhikkhus, are the five things
which make a grant of the acquittal of those who are conscious of innocence to
be according to law.'
Footnotes
4:1 The whole of the following story of Dabba down to the end of section 9
(except the last sentence) recurs in the Sutta-vibhaṅga as the Introductory
Story to the Eighth Samghâdisesa. The Samanta Pâsâdikâ has therefore no
commentary upon it here, and the few extracts that we give from it are taken
from the notes of that work on the corresponding passage in the Sutta-vibhaṅga.
The stupidity of Udâyi, who once supplanted Dabba the Mallian in the performance
of his duty as bhattuddesaka, forms the burthen of the Introductory Story to the
Gâtaka on 'the Measure of Rice' (No. 5 in the Gâtaka book; 'Buddhist Birth
Stories,' pp. 172 and following).
4:2 On this phrase compare Mahâvagga V, 1, 21, and the verses at V, 1, 27.
7:1 Ghâyino possibly used with the technical connotation of, being addicted to
the practice of the Four Ghâna meditations; but compare Mahâvagga I, 1, 3, 5, 7.
7:2 See the comment as quoted by H.O.
7:3 Compare the use of tegodhâtum samâpaggitvâ at Mahâvagga I, 15, 4.
7:4 Compare api ssu at Kullavagga I, 9, 1.
8:1 That paribhoganiyam does not mean drinking-water, as Childers renders it, is
clear from VIII, 1, 2, where it is implied that it is to be used for washing
feet. Our translation of Mahâvagga II, 20, 5 should be corrected accordingly.
8:2 Compare below, VIII, 6, 3.
8:3 Katika-santhânam. Compare Gâtaka I, 81, and Mahâvagga VIII, 32, and
Kullavagga VIII, 1, 2.
8:4 That this is the correct rendering of this otherwise doubtful p. 9 passage
is clear from the closing words of VIII, 1, 2, where most of these phrases
recur. In the text, for the last word nikkhipitabbam read nikkhamitabbam, as
pointed out in the note at p. 363 of the edition of the text.
9:1 These were two of the six leaders of the notorious Khabbaggiya Bhikkhus.
9:2 Compare the 22nd Nissaggiya.
9:3 Abhisamkhârikam; that is, a gift by the giving of which the donor expressly
wished that a particular result (as, for stance, that the donor should be
re-born as a king or queen, or should enter the paths, or have opportunity to
hear a Buddha preach) should be brought about by the normal effect of that good
act in a future birth. There are not a few instances of such wishes, and of
their fulfilment, recorded in various parts of the sacred literature.
9:4 Uttaribhaṅgam. See the passages quoted in the note on Mahâvagga VI, 14, 3.
These three things are also mentioned together at VIII, 4, 4.
9:5 These expressions recur at Gâtaka I, 228. The Samanta Pâsâdikâ says merely
kanâgakan ti sakuntaka-bhattam. Bilaṅgadutiyan ti kañgika-dutiyam.
10:1 The Samanta Pâsâdikâ says simply kalyânam bhattam assâ ti kalyâna-bhattiko.
11:1 Kotthake, which means the battlemented gateway which formed the entrance to
an important house; and in which there was a room. See Gâtaka I, 227.
12:1 Samghâti-pallatthikâya. There is a misprint in the text (°ttikâya). On this
curious expression, see below, V, 28, 2.
13:1 Pattakkhandhâ, which the Samanta Pâsâdikâ explains by patitakkhandhâ.
Khandhâ here seems to mean 'faculties.' Compare the use of Dhammâ in a similar
connection at Mahâ-parinibbâna Sutta II, 32 = Mahâvagga V, 13, 9; and see
Buddhaghosa's commentary on that passage, quoted by Rh. D. in 'Buddhist Suttas
from the Pâli,' p. 36.
13:2 Appatibhânâ. Patibhânam is the rapid suggestion of an idea in a case of
doubt or difficulty, an illumination; so that patibhânako, the man of ready wit,
may be compared with upâya-kusalo, the man fertile in resource. 'Absent-minded'
would be an incorrect rendering; they had no idea what to think or do, and the
appearance of the nun on the scene (in the next paragraph) supplied the want.
Till then they hesitated, drifted.
13:3 The following narrative, down to § 9, is repeated almost word for word in
V, 20, only that the person there persuaded to bring the false accusation is
different.
13:4 Agghupekkhati. Compare Gâtaka I, 147.
14:1 Literally, 'Do you recollect?' But it is quite clear from the technical
words at the close of this section that the verb sarati had already acquired the
secondary meaning 'to be conscious of.' The whole story is peculiarly valuable
as illustrating the growth of the connotation of the verb and its allied
meanings, and indirectly the origin and growth of the idea of 'conscience' which
has played so great a part in theological and ethical speculation.
15:1 That is, 'Men of character and standing such as yours, O Dabba, are not in
the habit of repudiating a charge in so indirect a manner by adverting merely to
their standing and known character.'
15:2 Here the word used is abhigânâmi.
16:1 Dabbassa sati-vepulla-ppattassa sati-vinayam detu. The explanation of the
compound sati-vepulla-ppatto given by Childers, though it rests on so good an
authority as that of Vigesimha Mudaliar, cannot be right. He makes it mean 'a
man of great intellectual development.' But sati must here refer to the fact
that Dabba has been formally called upon to remember (sarîto) whether he did or
did not commit the offence. And though the exact sense of the compound is
subject to some doubt, the general sense of the clause must be very much as we
have conjecturally rendered it. On this formal appeal to the conscience, or
memory (sati), of a Bhikkhu charged with an offence, or supposed to have
offended, see Kullavagga I, 2, and 5 at the end; and X, 20.
16:2 Ukkutikam nisîditvâ. This verb does not mean 'to sit on the hams,' as
rendered by Childers. The exact posture, unknown in Europe, is to crouch down on
the feet (keeping both toes and heels on the ground) in such a way that the hams
do not touch the ground, but come within an inch or two of it. Europeans find it
very difficult to retain this posture for any length of time, but the natives of
India find it easy, and it is regarded in the Pitakas as a posture of humility.
18:1 This section is repeated below, chap. 14, § 27, with the necessary
alterations for a general rule instead of a particular case.
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