- Theravāda Collection on Monastic Law Theravāda Vinaya
- The Great Analysis Mahāvibhaṅga
- The chapter on offenses entailing confession Pācittiyakaṇḍa
- The subchapter on legitimately Sahadhammikavagga
79. The training rule on obstructing a legal procedure 79. Kammapaṭibāhanasikkhāpada
Origin story
At one time when the Buddha was staying at Sāvatthī in Anāthapiṇḍika’s Monastery, Tena samayena buddho bhagavā sāvatthiyaṁ viharati jetavane anāthapiṇḍikassa ārāme. the monks from the group of six were misbehaving, but when a legal procedure was being done against any one of them, they would object. Tena kho pana samayena chabbaggiyā bhikkhū anācāraṁ ācaritvā ekamekassa kamme kayiramāne paṭikkosanti.
On one occasion the Sangha had gathered on some business. Tena kho pana samayena saṅgho sannipatito hoti kenacideva karaṇīyena. The monks from the group of six were busy making robes and so they gave their consent to one among them. Chabbaggiyā bhikkhū cīvarakammaṁ karontā ekassa chandaṁ adaṁsu. Atha kho saṅgho—When the monks saw that only one monk from the group of six had come, they did a legal procedure against him. “ayaṁ, āvuso, chabbaggiyo bhikkhu ekako āgato, handassa mayaṁ kammaṁ karomā”ti tassa kammaṁ akāsi. When he returned to the monks from the group of six, Atha kho so bhikkhu yena chabbaggiyā bhikkhū tenupasaṅkami. they asked him, Chabbaggiyā bhikkhū taṁ bhikkhuṁ etadavocuṁ—“What did the Sangha do?” “kiṁ, āvuso, saṅgho akāsī”ti?
“It did a legal procedure against me.” “Saṅgho me, āvuso, kammaṁ akāsī”ti.
“We didn’t give our consent for that. “Na mayaṁ, āvuso, etadatthāya chandaṁ adamhā—‘tuyhaṁ kammaṁ karissatī’ti. If we had known that a procedure would be done against you, we wouldn’t have given our consent.” Sace ca mayaṁ jāneyyāma ‘tuyhaṁ kammaṁ karissatī’ti, na mayaṁ chandaṁ dadeyyāmā”ti.
The monks of few desires complained and criticized them, Ye te bhikkhū appicchā …pe… te ujjhāyanti khiyyanti vipācenti—“How could the monks from the group of six give their consent to legitimate legal procedures and then criticize them afterwards?” … “kathañhi nāma chabbaggiyā bhikkhū dhammikānaṁ kammānaṁ chandaṁ datvā pacchā khīyanadhammaṁ āpajjissantī”ti …pe… “Is it true, monks, that you did this?” “saccaṁ kira tumhe, bhikkhave, dhammikānaṁ kammānaṁ chandaṁ datvā pacchā khīyanadhammaṁ āpajjathā”ti?
“It’s true, sir.” “Saccaṁ, bhagavā”ti.
The Buddha rebuked them … Vigarahi buddho bhagavā …pe… “Foolish men, how could you do this? kathañhi nāma tumhe, moghapurisā, dhammikānaṁ kammānaṁ chandaṁ datvā pacchā khīyanadhammaṁ āpajjissatha. 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 gives his consent to legitimate legal procedures, and then criticizes them afterwards, he commits an offense entailing confession.’” “Yo pana bhikkhu dhammikānaṁ kammānaṁ chandaṁ datvā pacchā khīyanadhammaṁ āpajjeyya, 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.
- A legitimate legal procedure: Dhammikaṁ nāma kammaṁ
- a legal procedure consisting of getting permission, a legal procedure consisting of one motion, a legal procedure consisting of one motion and one announcement, a legal procedure consisting of one motion and three announcements; done according to the Teaching, according to the Monastic Law, according to the Teacher’s instruction. This is called a “legitimate legal procedure”. apalokanakammaṁ ñattikammaṁ ñattidutiyakammaṁ ñatticatutthakammaṁ dhammena vinayena satthusāsanena kataṁ, etaṁ dhammikaṁ nāma kammaṁ. If he gives his consent, and then criticizes the procedure, he commits an offense entailing confession. Chandaṁ datvā khiyyati āpatti pācittiyassa.
Permutations
If it is a legitimate legal procedure, and he perceives it as such, and he criticizes it after giving his consent, he commits an offense entailing confession. Dhammakamme dhammakammasaññī chandaṁ datvā khiyyati, āpatti pācittiyassa. If it is a legitimate legal procedure, but he is unsure of it, and he criticizes it after giving his consent, he commits an offense of wrong conduct. Dhammakamme vematiko chandaṁ datvā khiyyati, āpatti dukkaṭassa. If it is a legitimate legal procedure, but he perceives it as illegitimate, and he criticizes it after giving his consent, there is no offense. Dhammakamme adhammakammasaññī chandaṁ datvā khiyyati, 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 criticizes 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 khiyyati, if he is insane; ummattakassa, if he is the first offender. ādikammikassāti.
The training rule on obstructing a legal procedure, the ninth, is finished. Kammapaṭibāhanasikkhāpadaṁ niṭṭhitaṁ navamaṁ.