vinaya texts - part iii - sacred books of the east xx
DESCRIPTION
Cullavagga Khandaka iv-xii Translation: Rhys Davids & Hermann OldenbergTRANSCRIPT
THE
SACRED BOOKS OF THE EASTTRANSLATED
BY VARIOUS ORIENTAL SCHOLARS
AND EDITED BY
F.
MAX MOLLER
VOL. XX
AT THE CLARENDON PRESS1885
[
^//
rights reserved'^
VINAYA TEXTSTRANSLATED FROM THE PALIBY
T.
W.
RHYS DAVIDSANDy
V
HERMANN OLDENBERG
PART
III
THE AOJLLAVAGGA, IV XII
AT THE CLARENDON PRESS1885
\^All rights reserved ]
CONTENTS.PACK
The ^ullavagga.Fourth Khandhaka (The Settlement of Disputes amongthe Fraternity)FifthI
Khandhaka (On
the Daily Life of the Bhikkhus)
66157
Sixth
Khandhaka (On Dwellings and
Furniture)
.
Seventh Khandhaka (Dissensions in the Order)
.
224
Eighth Khandhaka (Regulations as to the Duties of the
Bhikkhus towards one another)
.
272
Ninth Khandhaka (On Exclusion from the Patimokkha
Ceremony)
.....the Duties of Bhikkhunis)
299
Tenth Khandhaka (On
320
Eleventh Khandhaka (On the Council of Ra^^agaha)
370
Twelfth Khandhaka (On the Council of Vesali)
.
386 415421
Note on the BhawavarasIndex of SubjectsIndex of Proper
...... .......to in the
NamesNotes
428
Index of Pali Words explained or referred
433
Transliteration of Oriental Alphabets adopted for the Translations of the
Sacred Books of the East
.
.
-441
TC'ULLAVAGGA.FOURTH KHANDHAKA.\
THE SETTLEMENT OF DISPUTES AMONG THE FRATERNITY.
1.I.
Now
at thatat
dwelHngp'mdika.
time the Blessed Buddha was Savatthi, in the Arama of Anathaat
AV/abbaggiya Bhikkhus used to carry out the formal Acts the Ta^^aniya, and the Nissaya, and the Pabba^aniya, and the Pa^isara;^iya, and the Ukkhepaniya against Bhikkhus who were not present. Then those Bhikkhus who were modest werethat
And
time
the
annoyed, murmured, and became indignant, saying, How can the A^/^abbaggiya Bhikkhus [act thus]^?' And those Bhikkhus told the matter to the Blessed'
One.Bhikkhus, as they say, that the /T/^abbaggiya Bhikkhus carry out the (aforesaid)^'
Is
it
true,
O
formal Acts against Bhikkhus
who
are not present?'
Ttis
is
true, Lord!'
Buddha rebuked them, saying, 'This improper (&c., as in I, i, 2, down to the end).' And when he had thus rebuked them, and had
The
Blessed
^
The words aboveB
are repeated.
[20]
^ULLAVAGGA.delivered a religious discourse,
IV,
2,
I.
he addressed the
Bhikkhus, and said
' :
The
formal Acts,
O
Bhikkhus,
theTa^^aniya-, the Nissaya-, the Pabba^aniya-, the Pa/isara^eiya-, and the Ukkhepaniya-kammas, ought notto
who
are not present.
be carried out against Bhikkhus Whosoever does so, shall beoffence.'
guilty of a
dukka/a
I.
The
single
Bhikkhu who speaks not
in
ac-
cordance with the right, theaccordance with the notthein
many who speakright.
not in
right, the Sa;;^gha
which speaks
accordance withinin
the
The
single
Bhikkhu who speaks
accordance with the right,
many who speak
accordance with the
right,
the Sa;;^gha which speaks in accordance with theright \
Now
(it
may happenin
that) the
one Bhikkhu who
speaks not
accordance with the rightright, or
may
point
out (the right course) to a single Bhikkhu
who
speaks in accordance with theto understand
gives himto see or
what
it
is^,
or urges
him
consider the matter in that light ^, or teaches him, or^
This short enumeration of thesubsequent paragraphstexts,is
different categories occurring
in the
quite in the style of the
Abhi-
dhamma
in
which suchin
lists
are accustomed to be called
matika; compare learned BhikkhuA'ullavagga'^
the expression
the stock phrase at
matika-dharo as applied to a Mahavagga X, 2, i;
I,
11; IV, 14, 25, &c.here says: ni^^/^apetiti yathasooloketi
The Samanta Pasadikaatthawni_'^Z!ayati
tarn^
evaw karoti. Pekkheti anupekkhetiti yatha soX'a
ta,m
attha;
pekkhati
^
eva puna[)puna7t
pekkhati cva.m karoti. (Samanta Pasadika.)
lY,
3.
THE SETTLEMENT OF DISPUTES.is
3this thethis,
instructs him, saying, 'This
the
Dhamma,
Vinaya, this the teaching of the Master. Accept
and approvesettled,it is
this.'
If the dispute should
be thus
settled contrary to the
Dhamma, and
with a mere counterfeit of the Vinaya rule of pro-
cedure (that cases of dispute must be settled before
a duly constituted meeting of the Sa;;^gha, andthe presence of the accused person) \
in
[Andif
in like
manner,
if
he instruct the many, or;
the Sawgha,the
who speak
according to the right
or
many
or the Sa;;/gha
who speak
not according
to the right instruct the one, or the
many, or the;
Sawgha who speak accordingthe disputeas before).]is
to the right
then(&c.,
settled contrary to the
Dhamma
End
of the nine cases in which the wrongfside decides.
3.
[This chapter
is
the contrary of the last; the cases
put being those in which the three last
members ofrule of proce'
^
dure, called
Sammukha- vinaya -pa/irfipakena. Sam mukha-vi nay a, hereafteris
The
rendered
Proceeding
in Presence,'
one of the seven modes ofthe closing
settling disputes already
referred
chapter of the Patimokkha (' Vinaya and is more fully described below in Aullavagga IV, 14, 16, and following sections. It will be seen below, from IV, 14, 27-30, tlvxt it is involved in, or rather is supposed to accompany, each of the other Protoin
Texts,' vol.
i,
p. 68),
ceedings mentioned in
this chapter.
B 2
ATULLAVAGGA.the
IV,
4,
I.
matika
struct,
paragraph of chapter &c., the three first members.]in the first
2 in-
End
of the nine cases in which the rightside decides.
41.I.
Now
at that time
the
Blessed Buddha was
staying at Ri^agaha, in the Kalandaka Nivapa, in
the
Bamboo Grove.at that time the venerable
Nowlian,
who had
realised
Dabba the MalArahatship when he wasinto
seven yearseverydisciple;
old,
had entered
possession of
(spiritual gift)
there
was nothing
to do, nothing left
which can be acquired by a left that he ought still that he ought to gather up of
the fruit of his past labour^.able
And when
the vener-
Dabba
the Mallian had retired into solitude,in thought, the following consideration
and was sunkpresented*
itself
to
his
mind
:
'Arahatship hadDabba downto the
I
The whole
of the following story of
end
of section 9 (except the last sentence) recurs in the Sutta-vibhanga The as the Introductory Story to the Eighth Sa^ghadisesa.
Samanta Pasadika hasthe few extracts thatthat
therefore
no commentary uponit
it
here,
and
we
give from
are taken from the notes ofin
work on
the corresponding passage
the
Sutta-vibhahga.
The
stupidity of Udayi,
the performance of his
who once supplanted Dabba the Mallian in duty as bhattuddesaka, forms the burthen'
of the Introductory Story to the Gataka on
(No. 5 in the G^ataka book;following).^
Measure of Rice Buddhist Birth Stories,' pp. 172 and'
the
'
OnI,
this
phrase compare
Mahavagga V,
i,
21,
and the verses
at
V,
27.
IV,
4. 3-
THE SETTLEMENT OF DISPUTES.
5
acquired
when
I
was seven yearsthat
old.
I
haveto.
gained
everythingis
a
learner
can
reach
There
nothing further
left for
me
to do, nothingI
to gather up of the fruit of that which
have done.
What
service
is
itit
possible for
me
to render to the
Sawgha?' And
occurred to the venerable
Dabba
the Mallian: 'It would be a good thing for me to regulate the lodging-places for the Sa?;2gha, and to
apportion the rations of food.'
when, at eventide, the venerable Dabba the Mallian had arisen from his meditations, he2.
And
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
went
to the place
;
;
spake thus to the Blessed
Oneand wasconsideration pre-
'WhensunkIt
I
had
retired, Lord, into solitude
in
thought, the
following
sented
itself to
my mind
(&c., as before,
down
to)
lodging-places for therations of food.I
would be a good thing for me Sawgha, and
to regulate the
to apportion the
desire, Lord, [so to do].'
'Very good, Dabba.lodging-places forrations of food!'
you then regulate the the Sawgha, and apportion thesaid the venerable
Do
'It is well, Lord,'
Dabba
the
Mallian, accepting the word of the Blessed One. that occasion and in 3. And the Blessed One onthat connection,
when he hadSawgha,
delivered a religious
discourse, addressed the Bhikkhus,'
and said
:
Let
thenthe
the
O
Bhikkhus, appoint
Dabbaplaces,
Mallian as the regulator of lodging-
thus,
O
And and as the apportioner of rations. Bhikkhus, should the appointment be made.
A^ULLAVAGGA.First
IV,
4, 4.
'
Dabba should be asked (whether heto undertake theoffice).
is
wilHng
When
he has
been asked, some able and discreet Bhikkhu shouldlay the resolution before the Sa;;^gha, saying,*
Let the venerable Sawgha hear me. '"If it be convenient to the Sa;;^gha,"
let
the
Sawgha appoint Dabba'
the Mallian as
regulator
of lodging-places, and as apportioner of rations.
"This is the resolution (natt'i). " Let the venerable Samgha. hear me. "The Saw^gha appoints the venerable Dabba the Mallian as regulator of lodging-places, and as ap*'
portioner of rations.
so appointed, ones agrees that let him remain silent; whosoever does not agree, The venerable Dabba is appointed let him speak.
Whosoever of Dabba should be
the venerable
by the Sa?;2ghaproves thereof.I
as regulator of the lodging-places,rations.isit
and as apportioner ofunderstand.'"4.
The
Sa;;fgha ap-
Therefore
silent.
Thus do
And
the venerable
Dabba
the Mallian, being
so chosen, appointed one lodging-place in the place for the Bhikkhus who belonged to thedivision.
same same
For those Bhikkhus who were repeaters'
of the Suttantas he appointed a lodging-place together, thinking, They will be able to chant over
For those Bhikkhus the Suttantas to one another.' who were in charge of the Vinaya he appointed alodging-place together, thinking,to discuss the'
They
will
be able
Vinaya one with another.' For those Bhikkhus who were preachers of the Dhamma heappointed a lodging-place together, thinking, They will be able to talk over the Dhamma one with For those Bhikkhus who were given to another.''
IV,
4, 4-
THE SETTLEMENT OF DISPUTES.he appointed one lodging-place together, They will not disturb one another.' For^
meditationthinking,'
Bhikkhus who were wise in worldly lore, and abounding in bodily vigour '\ he appointed onethoselodging-place together, thinking,'
These venerable
ones, too, will thus remain settled according to theirpleasure.'for
And
for suchfire
them he caught
Bhikkhus as came in late, ^ and by the light of the
flame thereof he pointed out to them a lodging-place. So much so * that Bhikkhus of set purpose would
come
in late, thinking,
'We
shall
thus behold the
power of the Iddhi of the venerable Dabba the And they went up to the venerable Mallian.' 'Appoint us. O Dabba the Mallian, and said 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
?'
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
And
;
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
;
the venerable one appoint us a lodging on the Vebhara Passa may the venerable one appoint us
may
;
a lodging-place in the Sattapa;^?2i Cave
;
may
the
Ghiyino possibly used with the technical connotation nf being addicted to the practice of the Four G/iinn meditations ; but com*
pare Mahavagga2'
I, i, 3,
5, 7.
See the comment as quoted by H. O.
Compare
the use of
te^odhatuw samapa^^itvaA'ullavaggaI,
at
Mabt-
vaggal,*
15, 4.at9, i.
Compare api ssu
8
A-ULLAVAGGA.
IV, 4,
4.
venerable one appoint us a lodging-place in the
mountain cave of the Snake's Pool in Sita's Wood may the venerable one appoint us a lodging-place in the Goma/a 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 Ghat
;
may
the venerable oneA
appoint us a lodging-place in the
Tapoda Aramathe
mayin
the venerable one appoint us a lodging-place
6^ivaka's
Mango Grove
;
may
venerabledeer-park
one appoint us a lodging-placeat Maddaku/^/^-^i.'
in the
burst
Dabba the Mallian would and walk on in front of them with his finger burning, and they by the light thereof would follow close upon the venerablethe
And
venerable
into flame,
Dabbathe
the
Mallian.
And
the venerable
Dabba
Mallian would appoint them a lodging-place,is
saying, 'Thisthis the mat,
the couch, and this the stool, andthis the pillow,
and
and
this the privy
place,
and
this
the drinking-water ^ and this thethis
water for washing, andSa.mgha.^,to
the
staffs,
and
this
the form of (the result of) the consultation of thethat at such and such a time
are you
enter
are
thereon, and at such and such a time And when the you to depart therefrom*.'
^
Childers rendersthatit
That paribho^aniya/w does not mean drinking-water, as it, is clear from VIII, i, 2, where it is impliedis
to
be used for washing
feet.
Our
translation of
Maha-
vagga*^
II, 20,
5 should be corrected accordingly.
Compare below, VIII, 6, 3. Katika-sa/^anaw. Compare Gatakai, 3.
I,
81,
and Maha-
vagga VIII, 32, and A'ullavagga VIII,*
That
this is the correct
rendering of
this
otherwise doubtful
IV,
4, 5-
THE SETTLEMENT OF DISPUTES.
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 werefollowers of Mettiya and
Bhumma^akaamong
but recently received into wanting in merit, and suchto their lot,
had been Sawgha, and were the^
the
lodginginferior
places appertaining to the Ss-mghz as werefell
and the
inferior rations
^.
Ra^agaha were Now desirous of presenting to the Thera Bhikkhus a * wishing-gift ^ to wit, ghee and oil and dainty bits while to the Bhikkhus who were followers of Mettiya and Bhumma^aka they used to give an ordinaryat that time the people of;
gift
according to theirit^.
ability, to wit,
scraps of food
and sour gruel withpassageis
clear
from the closing words of VIII,In thetext, for the
i,
2,
of these phrases recur.
last
where most word nikkhiin
pitabba?;/ readat p.^
nikkhamitabbaw,
as pointed
out
the
note
363 of the edition of the text. These were two of the six leaders of the notorious J^AabhsLg-
giya Bhikkhus.^^
Compare the 22nd Nissaggiya. Abhisarakharikaw; that is,
a gift
by the giving of which
donor expressly wished that a particular result (as, for instance, that the donor should be re-born as a king or queen, orthe
should enter the paths, or have opportunity to hear a Buddha preach) should be brought about by the normal effect of that good There are not a few instances of such act in a future birth.wishes,
and of
their fulfilment,
recorded in various parts of thein
sacred literature.*
Uttaribhahgam.14,3. 4, 4.
See the passages quoted
the note
on
Mahavagga VI,together at VIII,*
These three things areat
also
mentionedPasa-
These expressions recurti
Gatakati
I,
228.
The Samanta
dika says merely
kawa^akan
sakimtaka-bhattaw.
Bilahga-
dutiyan
kajika-dutiyaw.
lO
^ULLAVAGGA.
IV,
4, 6.
alms,
they had returned from their receipt of 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, *We had ghee, we had oil we had dainty bits.' Sirs The Bhikkhus who were followers of Mettiya and;
When
;
;
Bhumma^akajust
repliedgift
:
'We
got nothing at
all.
Sirs
;
an ordinary
such as they could manage,it.'
scraps of food, and sour gruel with6.
Now
at that time a certain householder, pos^,
sessed of good foodhis wife
used to give a perpetual alms He with to the Sa^ngha, a meal for four Bhikkhus.
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 Bhumma^aka had been;
fixed for the
morrow
at the
house of this prosperous
householder.to the
And
the prosperous householder went
Arama 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* The Samanta Pasadika says simply kalyinsLm bhattaw assa kalyawa-bhattiko.
ti
IV,
4. 1-
THE SETTLEMENT OF DISPUTES.he saidto the venerableSir,
1 I
religious discourse,
Dabba
the Mallian
':
For whom,
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 fol'
lowers of Mettiya and Bhumma^aka.'
Thenthinking,at our
the prosperous householder'
was
ill-pleased,
How?'
house
can bad Bhikkhus enjoy themselves And going home he gave command:
to the slave-eirl
'
For those who come to-morrowmatsin the
for the meal, spread out thehall \!'
entrance
and serve them with scraps of food, and withit! '
sour gruel with'
Even
so. Sir
said the slave-girl, accepting the
word of the householder. Bhikkhus who were followers of 7. Then the Mettiya and Bhumma^aka spake one to another 'Yesterday a meal has been appointed for us at Tothe house of the prosperous householder.:
and children, will attend And he at the place of alms, and serve us. will offer to some of us boiled rice, and to some congey, and to some oil, and to some dainty bits.'
morrow upon us
he, with his wife
Andnight.
through joy thereat they slept uneasily that
Then the Bhikkhus who were followers of Mettiya and Bhumma^aka, having robed themselves in theearly morning,
went duly bowled and robed
to the
And dwelling-place of the prosperous householder. Bhikkhus who were followers that slave-girl saw the^
Ko//Aake, which meansSee (ratakaI,
the
battlemented
gateway which
formed the entrance to an important house; and in which there
was a room.
227.
12
/ /
ATULLAVAGGA.
IV,
4, 7.
of Mettiya and Bhiimma^aka approaching from afar;
and spreading out the matssaid to them,'
in the entrance hall,
she
Be
seated, Sirs.'
And
the Bhikkhus
who were'
followers of Mettiya
and Bhumma^aka thought For a certainty the meal cannot yet be ready, since we are told to take:
our seats
in
the entrance.'slave-girl
Thenfood,!
the
coming up with scraps ofit,
and sour gruel with
said to them,
'
Eat,
Sirs*
We, sister,I I
are of those for
whom perpetualso.
meals
are provided.**
know.
Sirs, that
you are
But only yesterfor the
dayfor
received
command frommats
the householder that
them who should come to-morrowto spread out thein the
wasit.
entrance
hall,
meal I and
serve them with scraps of food, and some gruel withEat, Sirs!
Then the Bhikkhus who were followers of Mettiya and Bhumma^aka thought It was yesterday that' :
came to the For a certainty the householder must have been set against us bythe householder, the prosperous one,
AramaDabba
to visit
Dabba
the Mallian.
the Mallian.'
they ate uneasily.followers oT Mettiya
And through sorrow thereat And the Bhikkhus who were
and Bhumma^aka, when they had finished their meal, returned from the receipt of alms, went to the Arama, and laid aside their bowls and their robes, and sat down outside the porch of the Arama, squatting against their waist cloths \A
^
Saigha/i-pallatthikaya.
There
is
a misprint in the text
("uikaya).
On
this curious
expression, see below, V, 28, 2.
IV,
4, 8.
THE SETTLEMENT OF DISPUTES.
1
and ashamed, with fallen hearts ', and sunken faces, moody, and bewildered ^. 8. Now the Bhikkhuni Mettiya came up to the place where the Bhikkhus who were followers of Mettiya and Bhumma^aka were and when she hadsilent,:
come
there she said to
them
* :
My
salutation to you.
Sirs 3!'
Whenfollowers
she had so said the Bhikkhusof
who were Mettiya and Bhumma^aka did not:!
speak to her.'
So a second time she said to them and they did not My salutation to you, Sirs And a third time she said to them My speak.'
'
:
salutation to you, Sirs
! '
Still
the third time the
Bhikkhus who were followers of Mettiya and Bhum-
ma^aka
did not speak.'
And
she said
'
:
Wherein
have I offended you, Sirs ? Wherefore do you not speak to me ? Are you then so indifferent ^ sister, when we are tormented by Dabba the Mallian ? But what can I do. Sirs ?' ' ' '
^
patitakkhandha.pare the use of
Pattakkhandha, which the Samanta Pasadika explains by Khandha here seems to mean faculties.' Com'
Dhamma
in a similar
connection at Maha-parinib;
bana Sutta II, 32=Mahavagga V, 13, 9 and see Buddhaghosa's commentary on that passage, quoted by Rh. D. in Buddhist Suttas from the Pali/ p. 36. 2 Appa/ibhana, Pa/ibhana;;z is the rapid suggestion of an idea in a case of doubt or difficulty, an illumination; so that pa'
/ibhanako, the man of ready wit, may be compared with upayakusalo, 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.to 9, is
Theword
following narrative,in
down
repeated almost word
for
V, 20, only that the person there persuaded to bring theis
false*
accusation
different.
Ajg'^Aupekkhati.
Compare Gataka
I,
147.
14'
^ULLAVAGGA.If
IV,
4, 9.
you
like, sister,
you could
this
very day make
the Blessed One. expel the venerableMallian.'
Dabba
the
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,free
is
neither
fit
nor proper that
the very quarter of the heavens which should besafe, secure,
from danger, that from that very quarter should come danger, calamity, and that where one might expect a calm, one distress should meet a gale. Methinks the very water has I have been defiled, Lord, by Dabba taken fire.
and
the Mallian'
!"!'
Very
well. Sirs
said the Bhikkhuni Mettiya,
accepting the word of the followers of Mettiya and
Bhumma^aka.9.
And
she went to the Blessed
One
[and spake even as she had been directed].
Then
the Blessed One, on that occasion and in
that connection, convened a meeting of the Sa;;^gha,
and asked the venerable Dabba the Mallian Are you conscious ^, Dabba, of having done such:
'
a thing as this Bhikkhuni says
'
?
Even as my Lord, [And a second and a'
the Blessed One, knows me.'
third time the Blessed One asked the same question, and received the samereply.]^
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.'' '
IV, 4,
9-
THE SETTLEMENT OF DISPUTES.said the Blessed
I
5
The Dabbas, O Dabba, do not thus repudiate \ If you have done If you have not done it, say you have it, say so.Then
One
'
:
not.'
mind ^ that I have practised sexual intercourse even in a dream, much less when I was awake*
Since
I
was born, Lord,
I
cannot
call to
!
AndMettiya,
the Blessed*:
One
addressed the Bhikkhus,
and said
And
Expel then, O Bhikkhus, the Bhikkhuni and examine those Bhikkhus about it.' so saying he rose from his seat and enteredthose
into the Vihara.
Bhikkhus expelled the Bhikkhuni But the Bhikkhus who were followers of Mettiya and Bhumma^aka said to those Bhikkhus Do not, Sirs, expel the Bhikkhuni Mettiya. She has not committed any offence. She has been set on by us with angry and bitter intentions of causingMettiyi.:
Then
'
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 wereand complained, saying,
indignant
and annoyed
How
can these Bhikkhus the followers of Mettiyawith a
and Bhumma^aka harass the venerable Dabba theMallian
groundless charge
of
breach of
That is, Men of character and standing such as yours, Dabba, are not in the habit of repudiating a charge in so indirect a manner by adverting merely to their standing and known*'
O
character.'^
Here
the
word used
is
abhi^anami.
1
ATULLAVAGGA.?'
TV.
4, 10.
morality
And
they told the matter to the Blessed
One.*
Is this true,It is true,
O
Bhikkhus
?
*
Lord.* de-
Then he rebuked them, and when he hadlivered
a religious Bhikkhus, and said:
discourse,
he
addressed theto
'
Let
then
the
Sawgha
grant
Dabba
the
Mallian,is
whose conscience
in respect
of this matter
quite clear, the Proceeding for the consciously
innocent10.*
'And
thus,
O
Bhikkhus,the
is it
to
Let
that
Dabba
Mallian
shoulder, let
and having arranged his him bow down at the feet of the senior Bhikkhus, and crouching down -, let him stretchSa;;2gha,^
be granted. go before the robe over one
Dabbassa sati-vepulla-ppattassaexplanation of the
sati -vinayaz?/
detu.
compound sati-vepulla-ppatto given by Childers, though it rests on so good an authority as that of Vi^esi;?/ha MudaHar, cannot be right. He makes it mean a man of'
The
great intellectual development.'fact
But sati must here
refer to the
that
Dabba has been
formally called
(sari to) whether he did or did not
upon commit theis
to
remember
offence.
And
though the exact sense of the compoundjecturally rendered
subject to
the general sense of the clause must be veryit.
much
as
some doubt, we have con-
On
this
formal appeal to the conscience, or
memoryposedto
(sati),
of a Bhikkhu charged with an offence, or supI,
have offended, see A'ullavagganisiditva.
2,
and 5
at the
end;
and X,^
20.
Ukku/ikawis
This verb does not mean'
to
sit
on
thein
hams,' as rendered by Childers.
The
exact posture,
unknown
Europe,
to crouch
on
the
ground) in
down on the feet such a way that
(keeping both toes and heelsthe
hams do not touchit.
theit
ground, but come within an inch or two ofverydifficult to
Europeans
find
retain this posture forit
any length of time, but theregarded in the Pi/akas as a
natives of India find
easy,
and
it
is
posture of humility.
IV,
4, 10.
THE SETTLEMENT OF DISPUTES.
1
forth hislet
hands with the palms joined together, and
These Bhikkhus, Sirs, the followers of Mettiya and Bhumma^^aka, are harassing me by a
him
say, "
groundless charge of breach of morality.
But I, Sirs, in respect thereof have a clear conscience, and I ask the Sa^z/gha for the acquittal to be accordedto
those
who
are conscious of innocence."discreet
Then
some able andvenerablethe
Bhikkhu
is
thus to lay the"
resolution (;^atti) before
the Sa7;/gha.
Let the
Sawgha hear me.venerable
followers
These Bhikkhus, Sirs, of Mettiya and Bhumma^aka, are
harassing the
Dabba
the Mallian with
a groundless charge of a breach of morality, and the venerable Dabba the Mallian has in respect thereofa conscience thatIf the timeis clear,
and asks the Sa;ghalet
for
the acquittal of thoseis
who
are conscious of innocence.
convenient to the Sawgha,
the
Sa;;^gha accord to the venerable
Dabba
the Mallian
the acquittal of thosecence.
who
are conscious of inno-
This
is
the resolution.
Sawgha hear me. down to) asks the Sa7;^gha for the acquittal of those who are conscious of innocence. The Sa?;/oha 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 thevenerable Sa^^gha hear me.as before,
Let the venerable These Bhikkhus (&c., as before,
These Bhikkhus
(&c.,
down to) let him speak. The acquittal of those who are conscious of innocence has been[20]
c
iS
A'ULLAVAGGA.Sa;;2ghato
IV,
4, ii.
granted by thesilent.
Dabba'
the
Mallian.isit
The Sawgha approvesThus do*
thereof.
Therefore
I
understand ^"
IT.
There are
five things
which make a grant of
acquittal to those
who
are conscious of innocence to
be accordinp" to law. The Bhikkhu must be innocent and without offence, others must have censured him, he must ask the Sa7;^gha for acquittal as beingconscious of innocence, the Sa7;?gha must grantit,
the Sa^2gha 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.'
Bhikkhu Gaesfa was fc>t>' insane and out of his mind and by him, when so insane and out of his mind, many things unworthy of a sama;2a had been committed, as well in speech as in act ^. 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 toI.
Now
at that time
the
;
'
^
This section
is
repeated below, chap. 14, 27, with the neces-
sary alterations for a general rule instead of a particular case.^
Theis
particular decision given in this chapter for the particular
case
elaborated in chap. 14, 28 below into a general rule for
every similar case.^ Buddhaghosa explains this word as follows: 'Bhasitaparikantan ti vaHya bhasitawz kayena parikkanta/zz parikkametva katan ti attho.' The similar word Parikantaz?^, which occurs in the
Sulta-vibhanga, Para^ika IV,thic
i,
2, in
the sense of lacerated,
is
from
root
krmt.
IV, 5,
I.
THE SETTLEMENT OF DISPUTES,that?'
19
mind
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 asamawa,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 \ 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 such and such an offence ?" And when saying " I, my friends, was insane ... by he replies, reason of my insanity " how can those Bhikkhus him, saying ... of such and such an still warn'. .
.
.
.
.
offence
?
And'Isit
those Bhikkhus
told
the
matter to
the
Blessed One.true,
O
Bhikkhus, that those Bhikkhus (&c.,to)
as before,'
down
such and such an offence
?
It is true, Lord.'
Then he rebuked them, and when he had delivereda religious discourse
he addressed the Bhikkhus,grantto
and said'
Let
then
the
Sawgha
Gagga
the
^
Na/
in the text
is
correct.;
It
is
identical
with the na-m
so frequently found in Jain Prakrit
on which
see
Weber
in his
Bhagavati
'
Abhandlungen der Berliner Akadamie,' 1865, pp. 422
and
foil.
C 2
20
JfULLAVAGGA.is
IV, 5,
2.
Bhikkhu whothose2.
now sane
the
dispensation
for
who'And
are no longer insane.thus,
be granted. Let that Bhikkhu Gagga [here follow the words of the formal request, of the resolution, and of theBhikkhus, shouldit*
O
grant by decision of the
Sa;;^gha, exactly in
the
same way as
in the last case, chapter 4, 10].'
6.
I.
'There are three:
cases,
O
Bhikkhus, in which
grants of dispensation for thoseinsane are not valid grants are valid.'
who
are no longer
and three cases in which such
What
are
the three cases in which grants of
dispensation for thoseare not valid'
who
are no
longer insane a Bhikkhu
?
In the
first place,
O
Bhikkhus,:
in case
have committed an offenceeither the Sa.mgha., or a
and
in respect thereof
number of Bhikkhus, or a single Bhikkhu, warn him, saying, " Does the venerable one call to mind that he has been guiltyof such and such an offence?
"
Andit,
he, notwith*'
standing that he does remember
do not remember, Sirs, that I have been guilty of such and such an offence." Then if the Saw^gha grant him the dispensation of those who are no longer insane,says,I
that grant'
is
not valid.
Again,
O
Bhikkhus,
in case a
Bhikkhu
(&c., 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 Sa.mgh3, grant him
IV,
6, 2.
THE SETTLEMENT OF DISPUTES.
2
I
the dispensation of thosethat errant'
whoin
are no longer insane,
is
not vahd.
Aeain,
O
Bhikkhus,
case
a Bhikkhii
have
committed an offence, and in respect thereof either the Sawgha, 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 \ saying, " I act so, and you act so likewise. Then It beseems me, and it likewise beseems you." if the Sawgha grant him the dispensation of those
who'
are no longer insane, that grantcases,
is
not valid.in
These are the threeis
O
Bhikkhus,
which
a grant of the dispensation for those
who
are no
longer insane2.
not valid.
'What?
are the three cases in which grants of
dispensation for thosevalid*
who
are no longer insane are
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 sama;^a have been committed, as well in speechIn thefirst
place,
O
;
as in act.
And
either the Samgha., or a
Bhikkhus, or a singlespect thereof, saying,to"
number of Bhikkhu, warns him in reDoes the venerable one callnot
and such an remembering it. answers, " I do not remember. Sirs, that I have been guilty of such and such an offence." Then if the Sawgha grants him the dispensation for those
mind
that he has committed such
offence ?"
And
he
really
who'
are no longer insane, that grant
is
valid.says
nothing.
Ummattakalayara karoti, on which Buddhaghosa The word recurs in the following section.
22
JSTULLAVAGGA.
IV,
7, 1.
'Again,
O
Bhikkhus,
and out ofit,
his
he, not reallySirs,
in case a Bhikkhu be insane mind (&c,, as before, down to) And remembering it, answers, " I rememberif in
but as
a dream,"
Then
if
the Sa;;2gha
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) "
DoesbeingIt
the venerable one call to mind that he has beenguilty of suchstill
and such an offence
?"
And
he,
insane, acts in the**
way
of an insane person,act
saying,
I
act
so,it
and youlikewise
so
likewise.
beseems me, andif
the Sa;;?gha (afterwards) grant
beseems you." Then him the dispensa-
tion for thoseis
who
are no longer insane, that grant
valid.'
These are the threeis valid.'
cases,
O
Bhikkhus,
in
which
the grant of the dispensation for those
who
are no
longer insane
I.
Now
at that time the iT/^abbaggiya
carried out official acts against
Bhikkhus Bhikkhus who hador the
not confessed themselves guilty
the
kamma,the
or the
Nissaya-kamma,or the
Ta^^aniyaPabba-
^aniya-kamma,
Pa/isara;^iya-kamma, oran-
Ukkhepaniya-kamma.indignant, saying,
Those Bhikkhus who were moderate werenoyed, murmured, and became'
How
can
the
AT/^abbaggiya
Bhikkhus
(&c.,
as
before).'
And
those Bhikkhus told the matter to
the Blessed One.
IV,
8, I.
THE SETTLEMENT OF DISPUTES.it
2
^
'
Is
true,
O?'
Bhikkluis, that the AV^abbaggiya
Bhikkhus do so*
It is true, Lord.'
Then he rebuked them, and when he hadlivered
de-
a
rehgious:
discourse,
he
addressed the
Bhikkhus, and said'
No
official
act,
O
Bhikkhus,
whether the Ta^'-
^aniya-kamma, or the N issaya-kamma, or the Pabba^aniya-kamma, or the Pa/isira?^iyakamma, or the Ukkhepaniya-kamma, is to be carried out against Bhikkhus who have not con-
fessedshall
themselves
guilty ^
Whosoever doesoffence.'
so,
be guilty of a
dukka/a
8.'.
I
Now,
O
Bhikkhus, an
official
act carried out
against a Bhikkhuis
who hasandis
confessed himself guiltyvalid as follows.
invalid as follows,
And?I
how does such anandin
official
act
becomethe
invalid
n
case a Bhikkhu have committed a Para^ika offence,
Sawgha, or a or a single Bhikkhu warns him, saying, " The venerable one has been guilty of a Para^ika." And he replies, thus, " I have not, Sirs, been guilty of a Para^ika. I have been guiltyrespect
thereof either
number of Bhikkhus,
of a
Sa;;^ghadisesa."
Andfor a
in
respect thereof the
Sa;;2gha deals with that official act
him
Sawghadisesa.
Then
is invalid.'
^
The modeout in
in
which such a confession ought
to
be made
is
set
full in
IV, 14, 30-34,
24
X-ULLAVAGGA.so alsoif
IV,
8, 2.
[And
on being warned of any one of
the seven offences^ he confesses himself to be guilty of any one of the offences different from the one
charged, then the2.'
official act is invalid.]
And
when,
O
Bhikkhus,
is
such an
official act
In case a Bhikkhu have committed a Paravalid ? ^ika offence, and in respect thereof the Sawgha, or a number of Bhikkhus, or a single Bhikkhu warns him, saying, " The venerable one has been guilty And he replies, " Yea, Sirs, I have of a Para^ika."
been guilty of a Para^ika." the Samgha. deals with himthat official actis
And
in respect
thereof
for a Para^ika.
Then
valid
^.'
[Andin ^I,
so for each of the other offences mentionedJ
the whole of
2 is
repeated.]
93.
Bhikkhus in chapter (Sa?7^gha) assembled, since they became violent, quarrelsome, and disputatious, and kept on woundwere unable ing one another with sharp wordsat
Now
that
time
the
"*,
^
The same, namely,
as those in the
list
given at
Mahavagga IV,
16, 12, &c.
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 theoffence confessed.^
On this'
chapter, see further below, IV, 14, 16.
*
Ann!Lm3,nna?nis
mukhaisattihi
vitudanta
viharanti.
Literally,
with mouth-javelins.'
Vitudati, and not vitudati as
Childers gives,II,
the right spelling.
So FausboU reads
at
Gataka
185, 186.
IV, 9.
THE SETTLEMENT OF DISPUTES.
2$
to
settle the disputed question (that
was broughtOne.dis-
before them).
They^'
told this matter to the Blessed
I
allow you,
O
Bhikkhus, to settle such a
pute by the vote of the majority.shall
A
Bhikkhu whoshall
be possessed of
five
qualifications
be
appointed as taker of the voting tickets
one who
does not walkin
one who does not walk in folly, one who does not walk in fear^, one who knows what (votes) have been taken and what have not beenin partiality,
malice, one
who does
not walk
taken.'
Andwill
thus shall he be appointed.
'
First the
Bhikkhuis
is
to
he
undertake the
office).
be requested (whether Then some able and
discreet
Bhikkhusaying,
to bring the matter before the
Sawgha,'
"
Let the venerable Sawgha hear me.
If the
time seems meet to the Sa7;/gha, let the Sawgha appoint a Bhikkhu of such and such a name astaker of the voting tickets.'"'
This
is
the motion (;Iatti).Sa7;/gha
"
Let the venerableappointsa
hear
me.
The
Sawgha name as
Bhikkhu of such and such a
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
^
From
here to the end of the chapter recurs in IV, 14, 24.qualifications
rightly
always ascribed to one who and are called the four Agatis. They are the especial attributes of a good king sitting as judge, and are mentioned elsewhere (Sawghadisesa XIII; Mahavagga2
These are thefills
any
judicial offence,
VIII,
5, 2
;
VIII,
6, I
;
and below, VI,
11, 2) of other officialstext.
of the order with duties similar to those in the
26tickets, let
KULLAVAGGA.
IV,
lO,
i.
him keep silence. Whosoever approves The Bhikkhii of such not thereof, let him speak. is appointed by the Sawgha as and such a nametaker of the voting tickets.
Therefore
is
it
silent.
Thus do
I
understand.'
101.I.
'There are tenisis
cases,
O
Bhikkhus,
in
takine of votes
invalid;
and ten
in
which the which the
taking of votes'
valid.
Which?
are the ten in which the taking of votes
is
invalid
When
the matter in disputeits
is trivial
^
when
the
case has not run
course (that
is,
when the necessary preliminaries of submission to when rearbitration have not been carried out^)
garding the matter in dispute the Bhikkhus have not formally remembered, or been formally called upon to remember, the offence ^ when the taker of
votes
5
knows
that those
whose opinions are notwill
in
accordance with the law
be
in
the majority,
^
On
this chapter, see further
Oramattakaw. Compare minimis non curat lex.23
below, IV, 14, 24-26. the English law maxim,
De
Buddhaghosa
says,
Na
ks.
gatigatan
ti
dve tayo avase na See
gata2, tattha
tatth'
eva va dvitikkhattu///
aviniM/ntaw.
on
these proceedings above.*
Buddhaghosa
says,
Na
ka.
sarita-saritanaTiftehi saritaw
ti
dvitikkhattu^z
tehi">
bhikkhuhi sayara saritaw va
va na hoti.
Ganati
ti
salakaw gahento ^anati.
(S. P.)
IV, II,
I.
THE SETTLEMENT OF DISPUTES.
2']
or probably^
may behe
in
the
majority
when
hein
knowsthe
that the voting will result in a schism
Sa?;/crha
when^
is
in in
doubt whether thethe Sa7;/gha^
voting
will result in
a schism
the votes are irregularly given
when
whendo notin ac-
all
vote equally
andthe
when they do not vote
cordance withinvalid2.'
view (which they really hold). These are the ten cases in which the voting is*.
And
which are the ten cases?'
in
which the
votino[' is
valid
[The ten cases areother ten.]
precisely the reverse of the
11.I.
Now
at that time the
Bhikkhu Uva/a^ beingit,.
in the midst of the Sawoha with an when he had denied then confessed when he had confessed it then denied it, made
examined
offence,
eva nama. That this phrase does not merely mean is clear from its use in 2, - Adhammena gahanti ti adhammavadino eva/w maya7 bahu bhavissama ti dve dve salakayo ga^hanti. (S. P.)^'
App
perhaps
'
= vi + agga, compare our note on the 21st and A'ullavagga I, 2, i. Buddhaghosa here says, Vagga gaz/hantt ti dve dhammavadino ekaw dhammavadisalakaw gaz/hanti evaw dhammavadino na bahu bhavissanti ti^
On
vagga, here
Pa/{'ittiya,
maamana. With this chapter^
the
26th section of chapter 14 should befor
compared, where very curious means are inculcated
avoiding
some of^
the votes here stated to be invalid.
In the
Burmese MSS.
the
name
of this
monk
is
written
Upavala.
28
iiTULLAVAGGA.
TV,
li, 2.
counter-charges \ andto
spoke
lies
which he knew
be such
2.
Those Bhikkhus who were moderate were annoyed, murmured, and became indignant, saying, How can the Bhikkhu Uva/a do so ? And they' '
told the matter to the Blessed'
One.
Is
it
true,
O
Bhikkhus, as they say that the
Bhikkhu*
[&c., as before].'
It is true, Lord.*
Then he rebukedand said Then,: '
him, and
when he had
delivered
a religious discourse he addressed the Bhikkhus,
O
Bhikkhus,
let
the Sa;;2gha carry out(the Proceeding^.'
the
Tassa-papiyyasika-kamma'Andfirst;
in the case of2.
the obstinately wrong)
thus,
O
Bhikkhus,
is it
to
be carried
out.
Bhikkhu Uva/a 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 newIn theplace the;
'
Annensk. awwa? pa/i>^arati.
We
follow Wijesi/ha Mudali-
yar's interpretation of this phrase as given
by Childers
(s. v.
tassa-
papiyyasika).
Chapter 14, section 29 below, is in fact an elaboration of this paragraph, giving instances of the kind of prevarication here in"^
tended to be referred^
to.is
The
exact meaning of the phraseItis
somewhatsinful
doubtful,
owing'
to the
ambiguity of the tassa.
should probably be analysed
the
proceeding against one(tassa);' thatis,
who
more
(papiyo) than
that
who adds
sin to sin.
Childers gives a long notethis chapter,
on
the Proceeding
drawn by Wijesi/ha Mudaliyar from
but does not analyse the word.
IV, 11,2.
THE SETTLEMENT OF DISPUTES.
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 matterbefore the Sawgha, saying,
This Let the venerable Sawgha hear me. Bhikkhu Uva/a, being examined in the midst of the Sawoha 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.let
If the time
seems meet
to the
Sa;;^gha,
the
papiyyasika-kamma'
Samgha. carry out the Tassaagainst the Bhikkhu Uva/a.
This is the motion. This Let the venerable Sawgha hear me. Bhikkhu Uva/a (&c., as before). The Sawgha car'
"
"
ries
out the
Tassa-papiyyasika-kamma
against
Uva/a the Bhikkhu.ones approves of the
Whosoever of the venerable
Tassa-pdpiyyasika-kamma
being carried out against Uva/a the Bhikkhu, let him keep silence. Whosoever approves not thereof, let
him speak.*
"
A
second time
I
say the same thing.
This
Bhikkhu Uva/aspeak.before,
(&c., as before,I
down
to)
let
him
A
third time
say the same thing
(&c., as
down to) let him speak. '"The Tassa-papiyyasika-kamma has been carried out by the Sawgha against Uva/a the Bhikkhu. Therefore is it silent. Thus do I understand \"^
This
Kammava^aI, i, 4,
is
precisely theall
same
as
is
laid
down
in
A'uUavagga
&c. in the case of
the other penal
Kammas.
30
T^ULLAVAGGA.
IV, 12,
I.
12.1.'
There are
five things,
O
Bhikkhus, which are
necessary to the vaHd carrying out of the
papiyyasika-kamma.is
To
wit
hethefull
Tassa-
is
impure, he
shameless
him^2.
theit'
a censure has been set on foot againstcarries
Sa;;?eha
out
Kamma is
it
carries
out lawfully, and in athings,
quorum,character-
There are threeis
O
Bhikkhus, by which,against theis
when a Tassa-papiyyasika-kammaised,it
against thedifficult to
Dhamma, andbesettled;
Vinaya, andit
(that
to say),
assembly when 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 confessedhas not been carried out in afull
himself guilty.
These are the three things, O Bhikkhus, by when a Tassa-papiyyasika-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*
which,
'
paragraph)
it
is
in
accordance with the
Dhamma,
and
in;
accordance with the Vinaya, and easy to be(thatis
settled
to say),is
when
it
has been [&c., the^.'
rest of this
paragraphthe use of
the reverse of the last]
^
Compare
anuvado
in
^ullavagga
I, 5.
These paragraphs exactly correspond to paragraphs at A'ullavagga I, 2. It is probably merely owing to this repetition that it is here also prescribed that the accused person must confess^
IV, 13,
I.
TFIE
SETTLEMENT OF DISPUTES.
3
3,
[This paragraph exactly corresponds toI, 4,
A'lilla-
vagga
paragraphif
i, it
as
to
the three cases in
which the Sawgha,
hkes,
may
carry out the
Tassa-papiyyasika-kamma4,
against a Bhikkhu.]
[In this paragraph the 'right conduct' for ato this
Bhikkhu who has been subjectedlaid
Kamma
is
down
precisely as in
I,
5 for a
Bhikkhu sub-
jected to the Ta^^aniya-kamma.]
Then the Sawgha carried out piyyasika-kamma against Uva/a
the
Tassa-p^-
the Bhikkhu.
13 \I.
Now
at that time, whilein
the Bhikkhus were
and disputes, they had been guilty of many things unworthy of a Sama7^a, as well in word as in deed, and it occurred to the Bhikkhus, 'Whilst we were continuing, &c. we have been guilty, &c. ... as well in word as incontinuingquarrels, strifes,. .
deed.
If
offences,
it
we now deal one with another for those may happen that that proceeding may
result in harshness, in ill-feeling, in divisions.
How
now should we manae^e
?
And'
they told the matter to the Blessed One.
In case,
O
Bhikkhus, whilst the Bhikkhus are. . .
continuing, &c.in
word.
as in deed.
they are guilty, &c. ... as well And it occurs to them, " Whilst.,
we were&c...
continuing, &c.If
.
we nowit
deal, &c.
we have been guilty, How now shall.
.
.
himself guilty, asthat^
must be evident from the Introductory Story,
he
will
not do
so.
The whole
of this chapter recurs below, IV, 14, 33,
32
^ULLAVAGGA.?"I
IV, 13,
2.
we managesettle a
enjoin
upon you,
O
Bhikkhus, to
matter of this kind by Ti;^avattharakato
(the2.
Covering over as with grass) ^ And thus, O Bhikkhus, is'
it
be
settled.
When they All are to meet together in one spot. have met together some able and discreet Bhikkhuis
to bring the matter before the Sa;;^gha, saying,*
Let the venerable Sawgha hear me. While we were continuing, &c. ... we have been guilty, &c.".
.
.
as well in(&c.,
word as
in deed.
And
it
occurred to us
down to) If we now deal one with another, &c. ... it may result in harshness, in ill-feeling, indivisions.let
If the
time seems meet to the Sa;;2gha,
the
Samgha^,
settle this
matter by the Coveringonly as regards serious
over as with grassoffences
except
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 weguilty, &c.
were continuing, &c. ... we have been
word as in deed. And it occurred (down to) in divisions. If the time to us, &c. seems meet to you, venerable Sirs, I would confess in the midst of the Sa;;^gha, both on your behalf, venerable Sirs, and on my own behalf, both such offence as is yours, venerable Sirs, and such offence
...
as well in..
.
^
in the notes to"^
Buddhaghosa's commentary on H. O.'s edition of the
this
expression
will
be found
text, pp. 313,
314.
Buddhaghosa (H. O. loc. cit.) explains Para^ika or Sawighadisesa offences. Du/Mulla apatti at Mahavagga X, 5, 4.
this as
meaning
either
So
also
he explains
IV,
13, 2.
THE SETTLEMENT OF DISPUTES.to the
33
as
is
mine own,
end that
it
may be covered
over as with grass, except only as regards serious offences, and as regards those things in which thelaity
have been concerned." 'And some discreet and able Bhikkhu among theis
Bhikkhiis belonging to the other partythe matter before his
to bring
own
party, saying,
"
May
the
venerable ones hearparagraph,'
me
[&c., as before in the last
down
to the end]."
Then
the discreet and able Bhikkhuto the
among
the
Bhikkhus belongingrable
one party"
is
to bring the
matter before the Sawgha, saying,
May
the vene-
Sawgha hear me.to) in divisions.I
While weIf the time^
(&c., as before,
down
seems meet to
the Sawgha,
Sa?;/gha, both
would confess in the midst of the 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 (/latti). May the venerable Sa7;2gha hear me. While we (&c., as before, down to) indivisions.I
confess (&c., as before,
which the laity 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 approvesnot thereof,that theylet
down to) in have been concerned. Whosoever
confessed in
These our offences are the midst of the Saweha, to the endcovered over as with grass, exceptCompare IV,14, 33, at the end.
him speak.
may be
^
Deseyya;?;.
[20]
D
34
rULLAVAGGA.
IV,
14, i.
as before mentioned.
Therefore
is it silent.
'And
the discreet
The Sawgha approves thereof. Thus do I understand." and able Bhikkhu among theto the other partyis
Bhikkhus belonging
to bring"
Let the the matter before the Sawgha, saying, Sa;/^gha hear me (&c., as before in the venerablelast
paragraph,thus,
down
to the end)."
'Then
O
Bhikkhus, those
Bhikkhus are
absolved of those offences, except as regards serious offences, and as regards those things in which thelaity
have
been concerned,
and except
also
as
regards thoseproceedings,
who express their disapproval of or who are not present at them \'
the
14.
Bhikkhus had disputes with Bhikkhus, and Bhikkhunis with Bhikkhus. And the Bhikkhu A7/anna ^ forcing his way (into the apartments) of the Bhikkhunis ^ took the part of the Bhikkhunis and disputed with the Bhikkhus.I.
Now
at that time
On these phrases Buddhaghosa has the following note Di/Mavikamman ti ye pana na me ta.m khamati awlamawla^ ti
di/Mavikammawz karonti tehi va saddhira apattiwz apa^^itva pi, tattha anagata agantva va k/i3.ndzm datvi pariveadisu nisinna, te This is more an exegesis on the rule apattihi na vu////ahanti.than an explanation of the wordsing would be*
Di/MavikammawThe
/-^apetvS,render-
the exact meaning of which remains doubtful.'
literal
except as regards the manifestation of opinion.'
Buddha
was with reference to this conduct of -Oanna that the is stated in the Maha-parinibbana Sutta VI, 4 to have imposed a penalty upon him. He is also mentioned above, I, 25-3i)and below, XI, i, 12-14. ' Compare the Buddhaghosa says i6th and 43rd Pa-^ittiyas. here, Bhikkhuninaz?/ anupakha^^a ti bhikkhuninaw antoIt
pavisitva.
lY, 14,
2.
THE SETTLEMENT OF DISPUTES.in-
Those Bhikkhus who were moderate weredionant, &c.. .
.
told the Blessed
One, &c. ... he
addressed the Bhikkhus, and said 2. There are, O Bhikkhus, the following four'
kinds of legal questions that require formal settlement by the Sawgha (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 K'
Amongof
these,?
what
is
a legal question arising
out
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 Tathagata," or This is not taught nor spoken by the Tathagata," or " This has been practised by the Tathagata," or " This has not been practised by the Tathagata," or " This has been ordained by the Tathagata," or " This has not been ordained by the Tathagata," 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 " This is is an offence which can be done away," or an offence which cannot be done away ^," or " This is a most grave offence," or " This is not a most grave*'1
The
various ways of settling these four kinds of legal questionschapter.
are recapitulated in 2
27-34 of this SavasesS-anavasesa-dpatti.saapatti
The
Parivara IX,
i,
10 says,
Ya
na katamena adhikarawcna na katamamhi Mane na katamena samathena sammati. It isanavasesasaapatti
practically
equivalent
therefore
to
Para^i^ika.
Those
offences
which can be done away, but only by the Sawgha, are called accordingly in the Buddhist Sanskrit Sa;ghavajesha, which corresponds to the Pali Sa?ghadisesa. The translation and note atIMahavagga X,2,
4 should be altered accordingly.1)
2
^6offence."
ATULLAVAGGA.
IV,
14, 2.
Whatsoever
quarrel,
strife,
controversy,
difference of opinion, contradiction, opposition, can-
tankerousness \ or contention there may be on such a matter, this is called a legal question arising out ofdispute.
'And amongout of censure?
these,
which is a legal question arising This, O Bhikkhus, 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
^,
ad*
monition ^ candid opinion ^, making of excuses 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 ^
are subjects of legal questions of offences,
and theof legal
seven groups
of offences
areIs
subjectsis
questions of offence.
This
what
called a legal
question arising out of offence.
what is a legal question of business ? Whatsoever is to the Sa;;2gha a matter which ought to be done, an obligation, a matter for which leave ought to be formally asked, the pro'
And among
these,
^
Vipa^/^ataya voharoti
ti
/^/l'adhikaraaw, the word means solely the business or the^
say), "
He should How may
agenda
at the formal meetings of the Sa/wgha (compare above, 7). In the problems or riddles of this section its more common meaning of 'duty' is brought into play. 2 Sammukha-vinayena. See above, chapter 2.
Yebhuyyasikena.
See above, chapter
9.
46the case
^-ULLAVAGGA.
lY, 14, 16.
when the Bhikkhus dispute, saying, This This is not the Dhamma' (&c., is the Dhamma,' or 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.1
And how
has
it
been settled
?
By
the Proceed-
ing in presence.'
And what must?
there be in such a Proceeding
in presence
There must be the presence of the
Sa;;^gha, the presence of the
Dhamma,
the presence
of the Vinaya, and the presence of the particularperson.
'And therein, what
is
the presence of the Sa;;2gha
?
as are capable of taking part in proceeding ^ they must be present. The formal the consent must be produced of those who are in a fitstate to
As many Bhikkhus
convey their consent ^ Those who are present must have lodged no objection (against any one of them taking part in the proceeding)*. Thisis
the'
"
presence
"
in
And
of these,
what
such a matter of the Sa;;^gha. the presence of the is?
Dhamma, and Dhamma, andsettled.
the presence of the Vinaya
The
the Vinaya, and the teaching of the
Master by the aid of which that legal question is That is the "presence" in such a matter of the Dhamma, and of the Vinaya.*
AndThe
of these, what
is
the presence of the par-
^
following five paragraphs recur in IV, 14, 24, 27, andin IV, 14, 21, 30.
four of^^ *
them
Kammappatta.Orrather, perhaps,
See Parivara XIX,II, 23.'
i, 7,
et seq.
See above, Mahavagga
against the proceedings which are being
carried out.'
TV,
14, 18.
THE SETTLEMENT OF DISPUTES.?
47
ticular
person
He whois
disputes,
and he withsuch a matter
whom
he disputes
both friends and foes must bethe"
present.
That
presence
" in
of the particular person.
'When
a legal question,if
O
Bhikkhus, has been
thus settled,
a disputant
re-open the question,
If such re-opening of the question is a PaX'ittiya \ one who has conveyed his consent complain of the
decision, such complaint17.
is
a Pa/tittiya
-.
'If those Bhikkhus,
O
Bhikkhus, are not able
to settle the legal question within their
own
resi-
dence (Avasa), those Bhikkhus should go, O Bhikkhus, to some residence in which there are a larger number of Bhikkhus. Then if those Bhikkhus, OBhikkhus, should succeed, whilst on their way tothat residence, in settling the legal question, that,
O
Bhikkhus,hasit
is
called a settlement of?
it.
And how
been settled'If those
(&c., as in the last
paragraph of
the previous section,18.
down
to the end.)able,
Bhikkhus are notthen
O Bhikkhus,
to settle the legal question whilst they are on their
way
to
that
residence,
those Bhikkhus, on"
their arrival at that residence, are to address the
Such and such a legal question, Sirs, has arisen thus, and has been It would be well if carried on thus amongst us. 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 If the Bhikkhus dwelling in that residence settled."Bhikkhusat that residence thus:
^
This This
is is
the 63rd PaX-ittiya.
2
the 79th PiUittiya.
The whole paragraph
is
repeated
several times below in this chapter.
48
iTULLAVAGGA.
TV,
14, 18.
are the senior, and the incoming Bhikkhus are junior, then the Bhikkhus dweUing in that residence are,
O:
Bhikkhus, to address the"
incoming Bhikkhus thus
a moment apart until we take on the other hand, the If, together!" counsel Bhikkhus dwelling in that residence are junior, and the incomine Bhikkhus are senior, then the BhikkhusPray, Sirs, rest
dwelling in that residence are, O Bhikkhus, to ad" Then remain dress the incominor Bhikkhus thus:
here, Sirs, aif,
moment
until
we
take counsel together."
Bhikkhus, the Bhikkhus dwelling in that Then residence should, on consideration, think thus "We shall not be able to settle this legal question ac:
O
cording to
the
Dhamma, andto
accordingteaching
to
the
Vinaya, and accordingto them.If,
theis
of
the
Master," then that dispute
not to be entrusted
on the other hand,in
O
Bhikkhus, theshould,
Bhikkhus dwellingsettle this
that:
residence"
on
consideration, think thus
Dhamma,in
be able to legal question in accordance with the and in accordance with the Vinaya, andshall
We
accordance with the teaching of the Master," then, O Bhikkhus, the Bhikkhus dwelling in thatresidence are to addressthe
incoming Bhikkhus
thus
:
" If you. Sirs, let us
question,
how
it
arose,
and
if
you agree that
know about this legal and how it was carried on, in the manner in which wetheac-
may settle the legal question according to Dhamma, and according to the Vinaya, andcording tothe
teaching
of the
Master, inwill
that
manner
it
shall
be
settled,
then
we we
thus acceptif
the legal question at your hands. the whole being repeated), thenit."
Butwill
not (&c.,
not accept
When
they have thus,
O
Bhikkhus, brought
IV, 14, 19-
THE SETTLEMENT OF DISPUTES.
49
about that the proper way of putting the legal question (the point at issue) has been settled, the Bhikkhus dwelline in that residence should underit
take that legal question.
And
then the Bhikkhus
dwelline in that residence should be addressed, " Bhikkhus, by the incoming Bhikkhus thus:
O
We
inform
you,
Sirs,
how
this
legal
question
arose
and how it was carried on. to in such and such a time'
If you, Sirs, are ablesettle this legal ques-
tion 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.
Butwill
if
you, Sirs, should not be able to do so,
thencase."
we
ourselves retain the custody of the
Thus,
O
Bhikkhus,
is
that legal question
be entrusted by the incoming Bhikkhus to the Bhikkhus dwelling in that residence, causing them If those Bhikkhus, O Bhikkhus, duly to accept it. settle the case, that, O Bhikkhus, is are able totocalled a settlement of the legal question.
And howJ
has
it
been'
settled? (&c., as in last
paragraph ofis
i6,
down19.
to the end.)If,
O
Bhikkhus, whilst the case
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 com-
mission) ^^
Ettakena va antarena, on which Buddhaghosava = eva,
has nothing.
see Bohilingk-Roth s.v. va, No. 4. On words recur at XII, 2, 7, where an instance occurs of These the mode of proceeding here laid down. 3 Ubbahikaya. Cliilders has quite misunderstood both the"^
meaning and[20]
the
derivation
of
this
term.
It
must be derived
E
50'
A'ULLAVAGGA.
IV, 14, 19.
be chosen on such a jury must be he must be virtuous he must be Hving enclosed by the restraint of the he must be upright in rules of the Patimokkha
A
Bhikkhu
to
possessed of ten qualities
life,
trained according to the precepts, taking them upon himself with a sense of the danger in the least offence 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 theirtion, set forth
the higher
life,
both
in
consummaits spirit and2,
in its letter, in all its purity in
and
in all its perfectness
be on
such truths must he be well versed, of such must he full, they must be laid up in his words ^, and dweltin his heart,
being penetrated throughout throughthe
right
insight*
both
Patimokkhas must have
fromud + vah; and meansof a^
simply 'reference'
the turningSawgha
overto
difficult
or intricate case from the
general
a
special committee, as
was donefar)
at Vesali (below, XII, 2, 7).
With
this
passage (so
(translated inis
Rh. D.'s 'Buddhisttranslate, in
compare the Akahkheyya Sutta, 2 Suttas,' p. 210), where the wordingaccordance with IX,5, i
somewhat2
different.
See, however, the various readings here.
We;
prefer to
below,
sattha/?z savya?~^ana2 as given in the corrections to the textp.
303
thus
refer to the
on making the phrase in the spirit and in the letter brahma-^ariya2, and not to the dhamma. But it'
should be pointed out thatdescription of a
the
parallelin
passage in the stock
Buddhain
(for instance
Tevi^^a Sutta
I,
46,
translated in Rh. D.'s 'Buddhist Suttas,' p. 187)
would support the
reading given hereto the^
the text, referring the phrase in question
dhamma, and
not to the brahma-^ariya/w.p.
Gataka*
See the various readings, and compare Sigalovada Sutta, II, 247, 293; Mahavagga VI, 25, i.
301;
Though di/Minever means'
is
usually found in
its
bad sense of 'delusion'it),'
(it
heresy,' as Childers renders
it
is
also used,
especially in older texts, in the
good sense ofI,
insight.'
Compare
the
'
Book
of the Great Decease,'
11.
TV,
14, 20.
THE SETTLEMENT OF DISPUTES.
5I
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 further he must be an sutta and in every detail ^ he must the Vinaya, irrefutable therein expert in'
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 ^ able to pacify them he must be clever (in judging) both as to the he must origin and as to the settlement of disputes legal questions, the origin thereof, the understand close thereof, and the way that leads to the close
thereof.
upon you, O Bhikkhus, to appoint on the jury a Bhikkhu possessed of these ten qualities'*.*
I
enjoin
20.
'
And
thus,
Othe
Bhikkhus,
is
he to be ap-
pointed.
First,
Bhikkhu
should
be
asked
(whether he be willing to undertake the office). Then some discreet and able Bhikkhu should address the'
Sawgha
thus
:
"
May
the venerable
Sawgha hear me.
Whilst
was being enquired into pointless speeches were brought forth amongst us, and the sense of no If the time seems meet sinorle utterance was clear.this case^
Perhaps
this
may mean
'
both as to the Suttas themselves and
as to the
OldCommentary upon them'
suttato anuvya?T^anaso.
See 'Vinaya Texts,' vol. i, p. xviii, and note 2, p. xxix. 2 Vinaye k/ieko hoti asaw/hiro. Compare on the use of these words, Gataka I, 290; II, 161; Sutta Nipata V, 18, 26.^
On
all
these terms, which have occurred above at IV,
2.
i,
see the commentary as there quoted in the notes. * It is of course to be understood that the committee or jury
In the instance does not consist of only one such Bhikkhu. already referred to as occurring in XII, 2, 7, four are chosen from
each
side.
E2
52
ATULLAVAGGA.it
IV,
14, 21.
to the venerable Sa;;2gha, let
appoint Bhikkhus of
such and such a name, and of such and such a'
name
on a committee. This is the motion. Whilst " Let the venerable Sa?;^gha hear me. down to) no single utterance was clear. (&c., The Sa;;/gha 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 himspeak.
Such and such a Bhikkhu is appointed by the Sa;;^gha on the committee for the settlement of this case. Therefore is it silent. Thus do I under'
"
stand."21.*
If then,
O
Bhikkhus, those Bhikkhus are able
on the referencecase, that,settled.
(or
on the committee) tois
settle the
O
Bhikkhus,is^.
calledsettled?
a case
that
is
And how
it
By
theis
Pro-
ceeding in Presence
And what
therein
meant
by the Proceeding in Presence ? The Dhamma is represented, and the Vinaya is represented, and theparticular person'
is
represented
^.
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,
ifis
a disputant re-open the question, such re-opening a Pa/^ittiya ^22.^'^
'
If,
Othe
Bhikkhus, whilst the caseSee chapter16 of2.
is
being
Sammukha-vinayena.Thisis
same as'
in is
this chapter,
except that 'the
presence of the Sawgha'
omitted.
See the 63rd
Pa/^ittiya,
and
1
7
above.
IV,
14, 24-
THE SETTLEMENT OF DISPUTES.into
53
by those Bhikkhus, there should be there a Bhikkhu who is a preacher of the Dhamma, but neither has the Sutta been handed down to him nor the Sutta-vibhaiiga, and he notenquired^
regarding the point of the case, reject the sense for the shadow of the letter, then should the matter belaid 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-vibhaiiga.is
And
he, not
regarding the point of the case,sense for the shadow of the
rejectingIf the
the
letter.
time
seems meet away2 the Bhikkhu of such and such ato the venerable ones, letlet'
them send name, and
the rest of us settle this case."If those
Bhikkhus,
O
Bhikkhus, should be able,settle thesettled.in
after
having sent away that Bhikkhu, tois
case, that
called a case that?
is
And howPresence
has
it
been settled
(&c., as in last23.
By the Proceeding section, down to the end).'
(The same decision if the Sutta has been handed down to him, but not the Sutta-vibhahga.)Bhikkhus, are not able by the committee to settle that case, those Bhikkhus, Bhikkhus, ought to hand over the case to the Sawgha. saying, " We, Sirs, are not able by a com24.'
If
those Bhikkhus,
O
mittee to settle this case,1
let
the
Sawgha
settle it."
Bhikkhus, to settle such a case by vote of the majority (&c., as in chapter 9 to theenjoin
upon you,
O
^
That
is,
the Patimokkha.'
*
Literally,
cause him to
arise.'
p^
SrULLAVAGGA.
IV, 14, 25.
end, as to the appointment of a taker of the voting By that Bhikkhu, the taker of the voting tickets).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,
Oit
Bhikkhus,
is
called
a
legal
question that has been settled.
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 Sanigha., and the
And how
has
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 Sa;?2gha?(&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 themajority?
The
carrying out
of,
the
accomplish-
the proceeding by, the undertaking of, the acceptance of, the pacification by the official act (the
ment
of,
Kamma) bywhat'
the vote
of the majority ^
That
is
is
meant herein by
the vote of the majority.
a legal question, O Bhikkhus, has been thus settled, if a disputant re-open the question, such If one who has conveyed re-opening is a Pa/C-Ittlya. his consent complain of the decision, such complaint
When
is
a Pay(nttiya25.
^.'
had arisen in such and such a manner, and had grown up And those in such and such a manner at Savatthi.
Now
at that time a certain legal question
'
This sentence
is
also
used of the other modes of setdement
below, 27, 29. ^ So also above, 16; and below, 27-29.
IV, 14, 25-
THE SETTLEMENT OF DISPUTES.
55
Bhikkhus were discontented with the settlement of the case by the Sa7;/gha at Savatthi. And they heard that in a certain residence there were dwelling a number of Theras versed in the traditions men to A whom the Agamas had been handed down reciters of the Dhamma, of the Vinaya, and of the Matikas ^ learned, discreet, wise, modest, conscien;
^
;
tious,
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 M