- Theravāda Collection on Monastic Law Theravāda Vinaya
- The Great Analysis Mahāvibhaṅga
- The chapter on offenses entailing confession Pācittiyakaṇḍa
- The subchapter on containing living beings Sappāṇakavagga
63. The training rule on reopening 63. Ukkoṭanasikkhāpada
Origin story
At one time the Buddha was staying at Sāvatthī in the Jeta Grove, Anāthapiṇḍika’s Monastery. Tena samayena buddho bhagavā sāvatthiyaṁ viharati jetavane anāthapiṇḍikassa ārāme. At that time the monks from the group of six were reopening a legal issue that they knew had been legitimately settled, saying, Tena kho pana samayena chabbaggiyā bhikkhū jānaṁ yathādhammaṁ nihatādhikaraṇaṁ punakammāya ukkoṭenti—“The legal procedure hasn’t been done;” “It’s been done badly;” “It should be done again;” “It hasn’t been settled;” “It’s been badly settled;” “It should be settled again.” “akataṁ kammaṁ dukkaṭaṁ kammaṁ puna kātabbaṁ kammaṁ anihataṁ dunnihataṁ puna nihanitabban”ti.
The monks of few desires complained and criticized them, Ye te bhikkhū appicchā …pe… te ujjhāyanti khiyyanti vipācenti—“How can the monks from the group of six reopen a legal issue that they know has been legitimately settled?” … “kathañhi nāma chabbaggiyā bhikkhū jānaṁ yathādhammaṁ nihatādhikaraṇaṁ punakammāya ukkoṭessantī”ti …pe… “Is it true, monks, that you’re doing this?” “saccaṁ kira tumhe, bhikkhave, jānaṁ yathādhammaṁ nihatādhikaraṇaṁ punakammāya ukkoṭethā”ti?
“It’s true, sir.” “Saccaṁ, bhagavā”ti.
The Buddha rebuked them … Vigarahi buddho bhagavā …pe… “Foolish men, how can you do this? kathañhi nāma tumhe, moghapurisā, jānaṁ yathādhammaṁ nihatādhikaraṇaṁ punakammāya ukkoṭessatha. This will affect people’s confidence …” … Netaṁ, moghapurisā, appasannānaṁ vā pasādāya …pe… “And, monks, this training rule should be recited like this: evañca pana, bhikkhave, imaṁ sikkhāpadaṁ uddiseyyātha—
Final ruling
‘If a monk reopens a legal issue that he knows has been legitimately settled, he commits an offense entailing confession.’” “Yo pana bhikkhu jānaṁ yathādhammaṁ nihatādhikaraṇaṁ punakammāya ukkoṭeyya, pācittiyan”ti.
Definitions
- A: Yo panāti
- whoever … yo yādiso …pe…
- Monk: bhikkhūti
- … The monk who has been given the full ordination by a unanimous Sangha through a legal procedure consisting of one motion and three announcements that is irreversible and fit to stand—this sort of monk is meant in this case. …pe… ayaṁ imasmiṁ atthe adhippeto bhikkhūti.
- He knows: Jānāti nāma
- he knows by himself or others have told him or the Sangha has told him. sāmaṁ vā jānāti, aññe vā tassa ārocenti, so vā āroceti.
- Legitimately: Yathādhammaṁ nāma
- done according to the Teaching, according to the Monastic Law, according to the Teacher’s instruction—this is called “legitimately”. dhammena vinayena satthusāsanena kataṁ, etaṁ yathādhammaṁ nāma.
- A legal issue: Adhikaraṇaṁ nāma
- there are four kinds of legal issues: legal issues arising from disputes, legal issues arising from accusations, legal issues arising from offenses, legal issues arising from business. cattāri adhikaraṇāni— vivādādhikaraṇaṁ, anuvādādhikaraṇaṁ, āpattādhikaraṇaṁ, kiccādhikaraṇaṁ.
- Reopens: Punakammāya ukkoṭeyyāti
- if he reopens it, saying, “The legal procedure hasn’t been done;” “It’s been done badly;” “It should be done again;” “It hasn’t been settled;” “It’s been badly settled;” “It should be settled again,” he commits an offense entailing confession. “akataṁ kammaṁ dukkaṭaṁ kammaṁ punakātabbaṁ kammaṁ anihataṁ dunnihataṁ puna nihanitabban”ti ukkoṭeti, āpatti pācittiyassa.
Permutations
If it is a legitimate legal procedure, and he perceives it as such, and he reopens it, he commits an offense entailing confession. Dhammakamme dhammakammasaññī ukkoṭeti, āpatti pācittiyassa. If it is a legitimate legal procedure, but he is unsure of it, and he reopens it, he commits an offense of wrong conduct. Dhammakamme vematiko ukkoṭeti, āpatti dukkaṭassa. If it is a legitimate legal procedure, but he perceives it as illegitimate, and he reopens it, there is no offense. Dhammakamme adhammakammasaññī ukkoṭeti, anāpatti.
If it is an illegitimate legal procedure, but he perceives it as legitimate, he commits an offense of wrong conduct. Adhammakamme dhammakammasaññī, āpatti dukkaṭassa. If it is an illegitimate legal procedure, but he is unsure of it, he commits an offense of wrong conduct. Adhammakamme vematiko, āpatti dukkaṭassa. If it is an illegitimate legal procedure, and he perceives it as such, there is no offense. Adhammakamme adhammakammasaññī, anāpatti.
Non-offenses
There is no offense: Anāpatti—if he reopens it because he knows that the legal procedure was illegitimate, done by an incomplete assembly, or done against one who did not deserve it; “adhammena vā vaggena vā na kammārahassa vā kammaṁ katan”ti jānanto ukkoṭeti, if he is insane; ummattakassa, if he is the first offender. ādikammikassāti.
The training rule on reopening, the third, is finished. Ukkoṭanasikkhāpadaṁ niṭṭhitaṁ tatiyaṁ.