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Bi Ss 1

The training rule on taking legal action

1. Ussayavādikāsikkhāpada

from: The Nuns’ Analysis

The chapter on offenses entailing suspension

The training rule on taking legal action

Venerables, these seventeen rules on suspension come up for recitation.

Origin story

At one time the Buddha was staying at Sāvatthī in the Jeta Grove, Anāthapiṇḍika’s monastery. At that time a lay follower who had given a storehouse to the Sangha of nuns had died. He had two sons, one with and one without faith and confidence, and they divided their father’s property between them. Then the one without faith said to the other, “The storehouse is ours; let’s allocate it to one of us.” But the one with faith responded, “No, our father gave it to the Sangha of nuns.”

A second time they both said the same thing, and a third time the one without faith repeated his proposal. The one with faith then thought, “If I get it, I too would give it to the Sangha of nuns,” and he said, “Alright, let’s allocate it.”

But when they allocated it, it fell to the one without faith. He then went to the nuns and said, “Please leave, Venerables, this storehouse is mine.”

The nun Thullanandā said to him, “No, your father gave it to the Sangha of nuns.”

Because they were unable to agree, they asked judges to decide on the matter. They said, “Venerable, who knows that it was given to the Sangha of nuns?” Thullanandā replied, “But Sirs, didn’t you appoint a witness who saw or heard the giving of the gift?” Saying, “It’s true what the Venerable says,” the judges made the storehouse the property of the Sangha of nuns.

The defeated man complained and criticized the nuns, “They’re not monastics these shaven-headed sluts. How could they take my storehouse?” Thullanandā told the judges of this and they punished him. That man then made a dwelling place for Ājīvaka ascetics not far from the nuns, inciting them to abuse the nuns.

Once again Thullanandā told the judges and the judges jailed him. People then complained and criticized those nuns, “First the nuns take his storehouse, then they have him punished, and then they have him jailed. Next they’ll have him executed!”

Nuns heard the complaints of those people, and the nuns of few desires complained and criticized her, “How could Venerable Thullanandā take legal action?”

Then those nuns told the monks … “Is it true, monks, that the nun Thullanandā is taking legal action?”

“It’s true, Sir.”

The Buddha rebuked her … “How could the nun Thullanandā take legal action? This will affect people’s confidence …” … “And, monks, the nuns should recite this training rule like this:

Final ruling

‘If a nun takes legal action against a householder or a householder’s offspring or a slave or a worker or even toward a monastic or a wanderer, then that nun has committed an immediate offense entailing sending away and suspension.’”

Definitions

A: whoever … Nun: … The nun who has been given the full ordination in unanimity by both Sanghas through a legal procedure consisting of one motion and three announcements that is irreversible and fit to stand—this sort of nun is meant in this case. Takes legal action: what is meant is that she is the initiator of a lawsuit. A householder: anyone who lives at home. A householder’s offspring: whoever is an offspring or a sibling. A slave: one born in the household, one who has been bought, one who has been brought back as a captive. A worker: a paid worker, a servant. A monastic or a wanderer: anyone who is a wanderer apart from Buddhist monks, nuns, trainee nuns, novice monks, and novice nuns. If, thinking, “I’ll initiate a lawsuit,” she looks for a companion or just goes there herself, she commits an offense of wrong conduct. If she tells one other person, she commits an offense of wrong conduct. If she tells a second person, she commits a serious offense. At the end of the lawsuit, she commits an offense entailing suspension. An immediate offense: there is an offense as soon as the misconduct is committed, and no pressing is required. Entailing sending away: she is sent away from the Sangha. Suspension: only the Sangha gives the trial period for that offense, sends back to the beginning, and rehabilitates—not several nuns, not an individual nun. Therefore it is called an offense entailing suspension. This is the name and designation of this class of offense. Therefore, too, it is called an offense entailing suspension.

Non-offenses

There is no offense: if she goes there because people pull her; if she is asking for protection; if she tells without specifying a person; if she is insane; if she is deranged; if she is overwhelmed by pain; if she is the first offender.

The first offense entailing suspension is finished.

Translation: English (Bhikkhu Brahmali). Source: SuttaCentral / Bilara (public domain, CC0).

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