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Vinaya Piṭaka - Monastic Rules

Bhikkhu Vibhaṅga - Pācittiya 63: Not to agitate in order to re-open a closed issue.

Origin story

1At one time the Buddha was staying at Sāvatthī in the Jeta Grove, Anāthapiṇḍika’s Monastery. At that time the monks from the group of six were reopening a legal issue that they knew had been legitimately settled, saying, “The legal procedure hasn’t been done;” “It’s been done badly;” “It should be done again;” “It’s not been settled;” “It’s been badly settled;” “It should be settled again.”


2The monks of few desires complained and criticized them, “How can the monks from the group of six reopen a legal issue that they know has been legitimately settled?” …

“Is it true, monks, that you’re doing this?”


“It’s true, Sir.”

The Buddha rebuked them … “Foolish men, how can you do this? This will affect people’s confidence …” … “And, monks, this training rule should be recited like this:

Final ruling

3‘If a monk reopens a legal issue that he knows has been legitimately settled, he commits an offense entailing confession.’”

Definitions

4A: whoever … Monk: … The monk who has been given the full ordination by a unanimous Sangha through a legal procedure consisting of one motion and three announcements that is irreversible and fit to stand—this sort of monk is meant in this case.


5He knows: he knows by himself or others have told him or the Sangha has told him.

6Legitimately: done according to the Teaching, according to the Monastic Law, according to the Teacher’s instruction—this is called “legitimately”.

7A legal issue: there are four kinds of legal issues: legal issues arising from disputes, legal issues arising from accusations, legal issues arising from offenses, legal issues arising from business.

8Reopens: if he reopens it, saying, “The legal procedure hasn’t been done;” “It’s been done badly;” “It should be done again;” “It’s not been settled;” “It’s been badly settled;” “It should be settled again,” he commits an offense entailing confession.

Permutations

9If it is a legitimate legal procedure, and he perceives it as such, and he reopens it, he commits an offense entailing confession. If it is a legitimate legal procedure, but he is unsure of it, and he reopens it, he commits an offense of wrong conduct. If it is a legitimate legal procedure, but he perceives it as illegitimate, and he reopens it, there is no offense.

If it is an illegitimate legal procedure, but he perceives it as legitimate, he commits an offense of wrong conduct. If it is an illegitimate legal procedure, but he is unsure of it, he commits an offense of wrong conduct. If it is an illegitimate legal procedure, and he perceives it as such, there is no offense.

Non-offenses

10There is no offense: if he reopens it because he knows that the legal procedure was illegitimate, done by an incomplete assembly, or done against one who did not deserve it; if he is insane; if he is the first offender.

11The training rule on reopening, the third, is finished.

 

1p_2V_1189, msdiv392Tena samayena buddho bhagavā sāvatthiyaṁ viharati jetavane anāthapiṇḍikassa ārāme. Tena kho pana samayena chabbaggiyā bhikkhū jānaṁ yathādhammaṁ nihatādhikaraṇaṁ punakammāya ukkoṭenti—

"Akataṁ kammaṁ dukkaṭaṁ kammaṁ puna kātabbaṁ kammaṁ anihataṁ dunnihataṁ puna nihanitabban"ti.


2p_2V_1190Ye te bhikkhū appicchā … pe … te ujjhāyanti khiyyanti vipācenti: "Kathañhi nāma chabbaggiyā bhikkhū jānaṁ yathādhammaṁ nihatādhikaraṇaṁ punakammāya ukkoṭessantī"ti … pe …

"Saccaṁ kira tumhe, bhikkhave, jānaṁ yathādhammaṁ nihatādhikaraṇaṁ punakammāya ukkoṭethā"ti?


"Saccaṁ, bhagavā"ti.

Vigarahi buddho bhagavā … pe … kathañhi nāma tumhe, moghapurisā, jānaṁ yathādhammaṁ nihatādhikaraṇaṁ punakammāya ukkoṭessatha. Netaṁ, moghapurisā, appasannānaṁ vā pasādāya … pe … evañca pana, bhikkhave, imaṁ sikkhāpadaṁ uddiseyyātha—

 

3p_2V_1191, msdiv393"Yo pana bhikkhu jānaṁ yathādhammaṁ nihatādhikaraṇaṁ punakammāya ukkoṭeyya, pācittiyan"ti. (63:112)

 

4p_2V_1192, msdiv394Yo panā'ti yo yādiso … pe … bhikkhū'ti … pe … ayaṁ imasmiṁ atthe adhippeto bhikkhūti.


5p_2V_1193Jānāti nāma sāmaṁ vā jānāti, aññe vā tassa ārocenti, so vā āroceti.

6p_2V_1194Yathādhammaṁ nāma dhammena vinayena satthusāsanena kataṁ, etaṁ yathādhammaṁ nāma.

7p_2V_1195Adhikaraṇaṁ nāma cattāri adhikaraṇāni— vivādādhikaraṇaṁ, anuvādādhikaraṇaṁ, āpattādhikaraṇaṁ, kiccādhikaraṇaṁ.

8p_2V_1196Punakammāya ukkoṭeyyā'ti "akataṁ kammaṁ dukkaṭaṁ kammaṁ punakātabbaṁ kammaṁ anihataṁ dunnihataṁ puna nihanitabban"ti ukkoṭeti, āpatti pācittiyassa.

 

9p_2V_1197, msdiv395Dhammakamme dhammakammasaññī ukkoṭeti, āpatti pācittiyassa. Dhammakamme vematiko ukkoṭeti, āpatti dukkaṭassa. Dhammakamme adhammakammasaññī ukkoṭeti, anāpatti.

Adhammakamme dhammakammasaññī, āpatti dukkaṭassa. Adhammakamme vematiko, āpatti dukkaṭassa. Adhammakamme adhammakammasaññī, anāpatti.

 

10p_2V_1198, msdiv396Anāpatti— "adhammena vā vaggena vā na kammārahassa vā kammaṁ katan"ti jānanto ukkoṭeti, ummattakassa, ādikammikassāti.

11p_2V_1199Ukkoṭanasikkhāpadaṁ niṭṭhitaṁ tatiyaṁ.