TheravādaPvr 21HOLYMAP · SACRED TEXTS
Vinaya PiṭakaPvr 21

Vinaya Piṭaka

Pvr 21

21. Pañcavagga

1
English · Bhikkhu Brahmali

Legal procedures, why the Monastic Law, resolution of legal issues 1. The subchapter on legal procedures

There are four kinds of legal procedures: the legal procedure consisting of getting permission, the legal procedure consisting of one motion, the legal procedure consisting of one motion and one announcement, and the legal procedure consisting of one motion and three announcements. In how many ways do they fail? In five ways: with respect to object, motion, announcement, monastery zone, or gathering.

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English · Bhikkhu Brahmali

How do legal procedures fail with respect to object? If they don’t do a legal procedure face-to-face that should be done face-to-face, that procedure has failed with respect to object and is illegitimate. If they do a legal procedure without questioning that should be done with questioning, that procedure has failed with respect to object and is illegitimate. If they do a legal procedure without admission that should be done by admission, that procedure has failed with respect to object and is illegitimate. If they apply resolution because of past insanity to one deserving resolution through recollection, that procedure has failed with respect to object and is illegitimate. If they do a legal procedure of further penalty against one deserving resolution because of past insanity, that procedure has failed with respect to object and is illegitimate. If they do a legal procedure of censure against one deserving a procedure of further penalty, that procedure has failed with respect to object and is illegitimate. If they do a legal procedure of demotion against one deserving a procedure of censure, that procedure has failed with respect to object and is illegitimate. If they do a procedure of banishment against one deserving a procedure of demotion, that procedure has failed with respect to object and is illegitimate. If they do a procedure of reconciliation against one deserving a procedure of banishment, that procedure has failed with respect to object and is illegitimate. If they do a legal procedure of ejection against one deserving a procedure of reconciliation, that procedure has failed with respect to object and is illegitimate. If they give probation to one deserving a procedure of ejection, that procedure has failed with respect to object and is illegitimate. If they send back to the beginning one deserving probation, that procedure has failed with respect to object and is illegitimate. If they give the trial period to one deserving to be sent back to the beginning, that procedure has failed with respect to object and is illegitimate. If they rehabilitate one deserving the trial period, that procedure has failed with respect to object and is illegitimate. If they give full ordination to one deserving rehabilitation, that procedure has failed with respect to object and is illegitimate. If they do the observance-day ceremony on a non-observance day, that procedure has failed with respect to object and is illegitimate. If they do the invitation ceremony on a non-invitation day, that procedure has failed with respect to object and is illegitimate.

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English · Bhikkhu Brahmali

How do legal procedures fail with respect to motion? In five ways: they do not touch on the object, the Sangha, the person, or the motion, or the motion is put forward after the announcement.

4
English · Bhikkhu Brahmali

How do legal procedures fail with respect to announcement? In five ways: they do not touch on the object, the Sangha, or the person, or an announcement is omitted, or the announcement is made at the wrong time.

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English · Bhikkhu Brahmali

How do legal procedures fail with respect to the monastery zone? In eleven ways: (1) they establish a zone that is too small; (2) they establish a zone that is too large; (3) they establish an incomplete zone; (4) they establish a zone with a shadow as a zone marker; (5) they establish a zone without zone markers; (6) they establish a zone while standing outside it; (7) they establish a zone in a river; (8) they establish a zone in an ocean; (9) they establish a zone in a lake; (10) they establish a zone that merges with an existing zone; (11) they establish a zone that encloses an existing zone.

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English · Bhikkhu Brahmali

How do legal procedures fail with respect to gathering? In twelve ways: In regard to legal procedures that require a group of four: (1) the monks who should be present haven’t all arrived, consent has not been brought for those who are eligible to give their consent, or someone present objects to the decision; (2) the monks who should be present have arrived, but consent has not been brought for those who are eligible to give their consent, or someone present objects to the decision; (3) the monks who should be present have arrived, and consent has been brought for those who are eligible to give their consent, but someone present objects to the decision. In regard to legal procedures that require a group of five: … (4-6) … In regard to legal procedures that require a group of ten: … (7-9) … In regard to legal procedures that require a group of twenty: (10) the monks who should be present haven’t all arrived, consent has not been brought for those who are eligible to give their consent, or someone present objects to the decision; (11) the monks who should be present have arrived, but consent has not been brought for those who are eligible to give their consent, or someone present objects to the decision; (12) the monks who should be present have arrived, and consent has been brought for those who are eligible to give their consent, but someone present objects to the decision.

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English · Bhikkhu Brahmali

In regard to legal procedures that require a group of four, four regular monks should be present, while the remainder of regular monks are entitled to give their consent. The one who is subject to the legal procedure should neither take part in the decision nor give his consent, but is deserving of the legal procedure. In regard to legal procedures that require a group of five, five regular monks should be present, while the remainder of regular monks are entitled to give their consent. The one who is subject to the legal procedure should neither take part in the decision nor give his consent, but is deserving of the legal procedure. In regard to legal procedures that require a group of ten, ten regular monks should be present, while the remainder of regular monks are entitled to give their consent. The one who is subject to the legal procedure should neither take part in the decision nor give his consent, but is deserving of the legal procedure. In regard to legal procedures that require a group of twenty, twenty regular monks should be present, while the remainder of regular monks are entitled to give their consent. The one who is subject to the legal procedure should neither take part in the decision nor give his consent, but is deserving of the legal procedure.

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English · Bhikkhu Brahmali

There are four kinds of legal procedures: the procedure consisting of getting permission, the procedure consisting of one motion, the procedure consisting of one motion and one announcement, and the procedure consisting of one motion and three announcements. In how many ways do they fail? In five ways: with respect to object, motion, announcement, monastery zone, or gathering.

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English · Bhikkhu Brahmali

How do legal procedures fail with respect to object? If they give the full ordination to a paṇḍaka, that procedure has failed in object and is illegitimate. If they give the full ordination to a fake monk, that procedure has failed in object and is illegitimate. If they give the full ordination to one who has previously left to join the monastics of another religion, that procedure has failed in object and is illegitimate. If they give the full ordination to an animal, that procedure has failed in object and is illegitimate. If they give the full ordination to a matricide, that procedure has failed in object and is illegitimate. If they give the full ordination to a patricide, that procedure has failed in object and is illegitimate. If they give the full ordination to a murderer of a perfected one, that procedure has failed in object and is illegitimate. If they give the full ordination to a rapist of a nun, that procedure has failed in object and is illegitimate. If they give the full ordination to one who has caused a schism in the Sangha, that procedure has failed in object and is illegitimate. If they give the full ordination to one who has caused the Buddha to bleed, that procedure has failed in object and is illegitimate. If they give the full ordination to a gynandromorph, that procedure has failed in object and is illegitimate. If they give the full ordination to a person less then twenty years old, that procedure has failed in object and is illegitimate.

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English · Bhikkhu Brahmali

How do legal procedures fail with respect to motion? In five ways: they do not touch on the object, the Sangha, the person, or the motion, or the motion is put forward after the announcement.

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English · Bhikkhu Brahmali

How do legal procedures fail with respect to announcement? In five ways: they do not touch on the object, the Sangha, or the person, or an announcement is omitted, or the announcement is made at the wrong time.

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English · Bhikkhu Brahmali

How do legal procedures fail with respect to the monastery zone? In eleven ways: (1) they establish a zone that is too small; (2) they establish a zone that is too large; (3) they establish an incomplete zone; (4) they establish a zone with a shadow as a zone marker; (5) they establish a zone without zone markers; (6) they establish a zone while standing outside it; (7) they establish a zone in a river; (8) they establish a zone in an ocean; (9) they establish a zone in a lake; (10) they establish a zone that merges with an existing zone; (11) they establish a zone that encloses an existing zone.

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English · Bhikkhu Brahmali

How do legal procedures fail with respect to gathering? In twelve ways: In regard to legal procedures that require a group of four: (1) the monks who should be present haven’t all arrived, consent has not been brought for those who are eligible to give their consent, or someone present objects to the decision; (2) the monks who should be present have arrived, but consent has not been brought for those who are eligible to give their consent, or someone present objects to the decision; (3) the monks who should be present have arrived, and consent has been brought for those who are eligible to give their consent, but someone present objects to the decision. In regard to legal procedures that require a group of five: … (4-6) … In regard to legal procedures that require a group of ten: … (7-9) … In regard to legal procedures that require a group of twenty: (10) the monks who should be present haven’t all arrived, consent has not been brought for those who are eligible to give their consent, or someone present objects to the decision; (11) the monks who should be present have arrived, but consent has not been brought for those who are eligible to give their consent, or someone present objects to the decision; (12) the monks who should be present have arrived, and consent has been brought for those who are eligible to give their consent, but someone present objects to the decision.

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English · Bhikkhu Brahmali

In how many situations does the legal procedure consisting of getting permission apply? In how many situations does the legal procedure consisting of one motion apply? In how many situations does the legal procedure consisting of one motion and one announcement apply? In how many situations does the legal procedure consisting of one motion and three announcements apply? A legal procedure consisting of getting permission applies in five situations. A legal procedure consisting of one motion applies in nine situations. A legal procedure consisting of one motion and one announcement applies in seven situations. A legal procedure consisting of one motion and three announcements applies in seven situations.

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English · Bhikkhu Brahmali

In which five situations does the legal procedure consisting of getting permission apply? Admittance, sending away, shaving, the supreme penalty, and any legal procedure with similar characteristics. In which nine situations does the legal procedure consisting of one motion apply? Admittance, sending away, the observance day, the invitation ceremony, agreements, giving, receiving, postponement, and any legal procedure with similar characteristics. In which seven situations does the legal procedure consisting of one motion and one announcement apply? Admittance, sending away, agreements, giving, ending of the robe season, approval, and any legal procedure with similar characteristics. In which seven situations does the legal procedure consisting of one motion and three announcements apply? Admittance, sending away, agreements, giving, restraining, pressing, and any legal procedure with similar characteristics.

16
English · Bhikkhu Brahmali

In regard to legal procedures that require a group of four, four regular monks should be present, while the remainder of regular monks are entitled to give their consent. The one who is subject to the legal procedure should neither take part in the decision nor give his consent, but is deserving of the legal procedure. In regard to legal procedures that require a group of five, five regular monks should be present, while the remainder of regular monks are entitled to give their consent. The one who is subject to the legal procedure should neither take part in the decision nor give his consent, but is deserving of the legal procedure. In regard to legal procedures that require a group of ten, ten regular monks should be present, while the remainder of regular monks are entitled to give their consent. The one who is subject to the legal procedure should neither take part in the decision nor give his consent, but is deserving of the legal procedure. In regard to legal procedures that require a group of twenty, twenty regular monks should be present, while the remainder of regular monks are entitled to give their consent. The one who is subject to the legal procedure should neither take part in the decision nor give his consent, but is deserving of the legal procedure.

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English · Bhikkhu Brahmali

2. The subchapter on reasons

The Buddha laid down the training rules for his disciples for two reasons: for the well-being of the Sangha and for the comfort of the Sangha.

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English · Bhikkhu Brahmali

The Buddha laid down the training rules for his disciples for two reasons: for the restraint of bad people and for the ease of good monks.

20
English · Bhikkhu Brahmali

The Buddha laid down the training rules for his disciples for two reasons: for the restraint of the corruptions relating to the present life and for the restraint of the corruptions relating to future lives.

21
English · Bhikkhu Brahmali

The Buddha laid down the training rules for his disciples for two reasons: for the restraint of threats relating to the present life and for avoiding threats relating to future lives.

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English · Bhikkhu Brahmali

The Buddha laid down the training rules for his disciples for two reasons: for the restraint of faults relating to the present life and for avoiding faults relating to future lives.

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English · Bhikkhu Brahmali

The Buddha laid down the training rules for his disciples for two reasons: for the restraint of dangers relating to the present life and for avoiding dangers relating to future lives.

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English · Bhikkhu Brahmali

The Buddha laid down the training rules for his disciples for two reasons: for the restraint of unwholesome qualities relating to the present life and for avoiding unwholesome qualities relating to future lives.

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English · Bhikkhu Brahmali

The Buddha laid down the training rules for his disciples for two reasons: out of compassion for householders and for breaking up the factions of those with bad desires.

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English · Bhikkhu Brahmali

The Buddha laid down the training rules for his disciples for two reasons: to give rise to confidence in those without it and to increase the confidence of those who have it.

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English · Bhikkhu Brahmali

The Buddha laid down the training rules for his disciples for two reasons: for the longevity of the true Teaching and for supporting the training.

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English · Bhikkhu Brahmali

3. The subchapter on laying down

The Buddha laid down the Monastic Code for his disciples for two reasons: … laid down the recitation of the Monastic Code … laid down the canceling of the Monastic Code … laid down the invitation ceremony … laid down the canceling of the invitation ceremony … laid down the legal procedure of censure … laid down the legal procedure of demotion … laid down the legal procedure of banishment … laid down the legal procedure of reconciliation … laid down the legal procedure of ejection … laid down the giving of probation … laid down the sending back to the beginning … laid down the giving of the trial period … laid down the rehabilitation … laid down the admittance … laid down the sending away … laid down the full ordination … laid down the legal procedure consisting of getting permission … laid down the legal procedure consisting of one motion … laid down the legal procedure consisting of one motion and one announcement … laid down the legal procedure consisting of one motion and three announcements …

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English · Bhikkhu Brahmali

4. The subchapter on “laid down a rule when there was no existing rule”

laid down a rule when there was no existing rule, and laid down an addition to an existing rule … laid down resolution face-to-face … laid down resolution by recollection … laid down resolution because of past insanity … laid down acting according to what has been admitted … laid down the majority decision … laid down the further penalty … laid down the covering over as if with grass for the well-being of the Sangha and for the comfort of the Sangha.

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English · Bhikkhu Brahmali

The Buddha laid down the covering over as if with grass for his disciples for two reasons: for the restraint of bad people and for the ease of good monks.

33
English · Bhikkhu Brahmali

The Buddha laid down the covering over as if with grass for his disciples for two reasons: for the restraint of the corruptions relating to the present life and for the restraint of the corruptions relating to future lives.

34
English · Bhikkhu Brahmali

The Buddha laid down the covering over as if with grass for his disciples for two reasons: for the restraint of threats relating to the present life and for avoiding threats relating to future lives.

35
English · Bhikkhu Brahmali

The Buddha laid down the covering over as if with grass for his disciples for two reasons: for the restraint of faults relating to the present life and for avoiding faults relating to future lives.

36
English · Bhikkhu Brahmali

The Buddha laid down the covering over as if with grass for his disciples for two reasons: for the restraint of dangers relating to the present life and for avoiding dangers relating to future lives.

37
English · Bhikkhu Brahmali

The Buddha laid down the covering over as if with grass for his disciples for two reasons: for the restraint of unwholesome qualities relating to the present life and for avoiding unwholesome qualities relating to future lives.

38
English · Bhikkhu Brahmali

The Buddha laid down the covering over as if with grass for his disciples for two reasons: out of compassion for householders and for breaking up the factions of those with bad desires.

39
English · Bhikkhu Brahmali

The Buddha laid down the covering over as if with grass for his disciples for two reasons: to give rise to confidence in those without it and to increase the confidence of those who have it.

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English · Bhikkhu Brahmali

The Buddha laid down the covering over as if with grass for his disciples for two reasons: for the longevity of the true Teaching and for supporting the training.

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English · Bhikkhu Brahmali

5. The subchapter on nine kinds of “being found among”

“There are nine kinds of ‘being found among’: being found among the actions that are the bases for offenses, being found among the failures, being found among the offenses, being found among the origin stories, being found among persons, being found among the classes, being found among the originations, being found among the legal issues, and being found among the settling of legal issues.

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English · Bhikkhu Brahmali

When a legal issue has arisen, if the two opponents come, they should be told to inform about the action that was the basis for the disagreement. After hearing the testimony of both, they should be told, ‘When we’ve resolved this legal issue, you should both be satisfied.’ If they say, ‘We’ll both be satisfied,’ then the Sangha should take on that legal issue. If there are many shameless people in the gathering, then the issue should be resolved by means of a committee. If there are many ignorant people in the gathering, they should search for an expert on the Monastic Law to resolve that legal issue in accordance with the Teaching, the Monastic Law, and the Teacher’s instruction. That legal issue should be resolved in this way.

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English · Bhikkhu Brahmali

One should know the basis for an offense, one should know the category, one should know the name, and one should know the offense.

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English · Bhikkhu Brahmali

‘Sexual intercourse’ is the basis for an offense, as well as a category. ‘Offense entailing expulsion’ is the name, as well as the offense.

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English · Bhikkhu Brahmali

‘Stealing’ is the basis for an offense, as well as a category. ‘Offense entailing expulsion’ is the name, as well as the offense.

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English · Bhikkhu Brahmali

‘Human being’ is the basis for an offense, as well as a category. ‘Offense entailing expulsion’ is the name, as well as the offense.

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English · Bhikkhu Brahmali

‘Superhuman quality’ is the basis for an offense, as well as a category. ‘Offense entailing expulsion’ is the name, as well as the offense.

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English · Bhikkhu Brahmali

‘Emission of semen’ is the basis for an offense, as well as a category. ‘Offense entailing suspension’ is the name, as well as the offense.

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English · Bhikkhu Brahmali

‘Physical contact’ is the basis for an offense, as well as a category. ‘Offense entailing suspension’ is the name, as well as the offense.

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English · Bhikkhu Brahmali

‘Indecent speech’ is the basis for an offense, as well as a category. ‘Offense entailing suspension’ is the name, as well as the offense.

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English · Bhikkhu Brahmali

‘One’s own desires’ is the basis for an offense, as well as a category. ‘Offense entailing suspension’ is the name, as well as the offense.

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English · Bhikkhu Brahmali

‘Matchmaking’ is the basis for an offense, as well as a category. ‘Offense entailing suspension’ is the name, as well as the offense.

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English · Bhikkhu Brahmali

‘Building a hut by means of begging’ is the basis for an offense, as well as a category. ‘Offense entailing suspension’ is the name, as well as the offense.

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English · Bhikkhu Brahmali

‘Building a large dwelling’ is the basis for an offense, as well as a category. ‘Offense entailing suspension’ is the name, as well as the offense.

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English · Bhikkhu Brahmali

‘Groundlessly charging a monk with an offense entailing expulsion’ is the basis for an offense, as well as a category. ‘Offense entailing suspension’ is the name, as well as the offense.

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English · Bhikkhu Brahmali

‘Charging a monk with an offense entailing expulsion, using an unrelated legal issue as a pretext’ is the basis for an offense, as well as a category. ‘Offense entailing suspension’ is the name, as well as the offense.

58
English · Bhikkhu Brahmali

‘A monk not stopping with pursuing schism in the Sangha when pressed for the third time’ is the basis for an offense, as well as a category. ‘Offense entailing suspension’ is the name, as well as the offense.

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English · Bhikkhu Brahmali

‘Monks not stopping siding with one who is pursuing schism in the Sangha when pressed for the third time’ is the basis for an offense, as well as a category. ‘Offense entailing suspension’ is the name, as well as the offense.

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English · Bhikkhu Brahmali

‘A monk not stopping with being difficult to correct when pressed for the third time’ is the basis for an offense, as well as a category. ‘Offense entailing suspension’ is the name, as well as the offense.

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English · Bhikkhu Brahmali

‘A monk not stopping with being a corrupter of families when pressed for the third time’ is the basis for an offense, as well as a category. ‘Offense entailing suspension’ is the name, as well as the offense. …

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English · Bhikkhu Brahmali

‘Out of disrespect, defecating, urinating, or spitting in water’ is the basis for an offense, as well as a category. ‘Offense of wrong conduct’ is the name, as well as the offense.”

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Pāli text: Mahāsaṅgīti Tipiṭaka Buddhavasse 2500 (M.L. Maniratana Bunnag Dhamma Society Fund), as published by SuttaCentral. Public domain. · Source ↗

Pāli text: Mahāsaṅgīti Tipiṭaka, via SuttaCentral. Public domain.

Translated by Bhikkhu Brahmali. SuttaCentral, dedicated to the public domain (CC0). · Source ↗

Translated by Bhikkhu Brahmali (SuttaCentral), dedicated to the public domain via CC0. The translator respectfully requests that any use be in accordance with the values and principles of the Buddhist community. In particular, please do not use this work in AI training datasets, for the development of any AI model or algorithm, or in any AI-derived technologies.

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