79. The training rule on obstructing a legal procedure

The chapter on offenses entailing confession The subchapter on legitimately

79. The training rule on obstructing a legal procedure

Origin story

At one time when the Buddha was staying at Sāvatthī in Anāthapiṇḍika’s Monastery, the monks from the group of six were misbehaving, but when a legal procedure was being done against any one of them, they would object.

On one occasion the Sangha had gathered on some business. The monks from the group of six were busy making robes and so they gave their consent to one among them. When the monks saw that only one monk from the group of six had come, they did a legal procedure against him. When he returned to the monks from the group of six, they asked him, “What did the Sangha do?”

“It did a legal procedure against me.”

“We didn’t give our consent for that. If we had known that a procedure would be done against you, we wouldn’t have given our consent.”

The monks of few desires complained and criticized them, “How could the monks from the group of six give their consent to legitimate legal procedures and then criticize them afterwards?” … “Is it true, monks, that you did this?”

“It’s true, sir.”

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

Final ruling

‘If a monk gives his consent to legitimate legal procedures, and then criticizes them afterwards, he commits an offense entailing confession.’”

Definitions

A: 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. A legitimate legal procedure: a legal procedure consisting of getting permission, a legal procedure consisting of one motion, a legal procedure consisting of one motion and one announcement, a legal procedure consisting of one motion and three announcements; done according to the Teaching, according to the Monastic Law, according to the Teacher’s instruction. This is called a “legitimate legal procedure”. If he gives his consent, and then criticizes the procedure, he commits an offense entailing confession.

Permutations

If it is a legitimate legal procedure, and he perceives it as such, and he criticizes it after giving his consent, he commits an offense entailing confession. If it is a legitimate legal procedure, but he is unsure of it, and he criticizes it after giving his consent, he commits an offense of wrong conduct. If it is a legitimate legal procedure, but he perceives it as illegitimate, and he criticizes it after giving his consent, there is no offense.

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

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

The training rule on obstructing a legal procedure, the ninth, is finished.

Pācittiyakaṇḍa Sahadhammikavagga

79. Kammapaṭibāhanasikkhāpada

Tena samayena buddho bhagavā sāvatthiyaṁ viharati jetavane anāthapiṇḍikassa ārāme. Tena kho pana samayena chabbaggiyā bhikkhū anācāraṁ ācaritvā ekamekassa kamme kayiramāne paṭikkosanti.

Tena kho pana samayena saṅgho sannipatito hoti kenacideva karaṇīyena. Chabbaggiyā bhikkhū cīvarakammaṁ karontā ekassa chandaṁ adaṁsu. Atha kho saṅgho— “ayaṁ, āvuso, chabbaggiyo bhikkhu ekako āgato, handassa mayaṁ kammaṁ karomā”ti tassa kammaṁ akāsi. Atha kho so bhikkhu yena chabbaggiyā bhikkhū tenupasaṅkami. Chabbaggiyā bhikkhū taṁ bhikkhuṁ etadavocuṁ— “kiṁ, āvuso, saṅgho akāsī”ti?

“Saṅgho me, āvuso, kammaṁ akāsī”ti.

“Na mayaṁ, āvuso, etadatthāya chandaṁ adamhā— ‘tuyhaṁ kammaṁ karissatī’ti. Sace ca mayaṁ jāneyyāma ‘tuyhaṁ kammaṁ karissatī’ti, na mayaṁ chandaṁ dadeyyāmā”ti.

Ye te bhikkhū appicchā …pe… te ujjhāyanti khiyyanti vipācenti— “kathañhi nāma chabbaggiyā bhikkhū dhammikānaṁ kammānaṁ chandaṁ datvā pacchā khīyanadhammaṁ āpajjissantī”ti …pe… “saccaṁ kira tumhe, bhikkhave, dhammikānaṁ kammānaṁ chandaṁ datvā pacchā khīyanadhammaṁ āpajjathā”ti?

“Saccaṁ, bhagavā”ti.

Vigarahi buddho bhagavā …pe… kathañhi nāma tumhe, moghapurisā, dhammikānaṁ kammānaṁ chandaṁ datvā pacchā khīyanadhammaṁ āpajjissatha. Netaṁ, moghapurisā, appasannānaṁ vā pasādāya …pe… evañca pana, bhikkhave, imaṁ sikkhāpadaṁ uddiseyyātha—

“Yo pana bhikkhu dhammikānaṁ kammānaṁ chandaṁ datvā pacchā khīyanadhammaṁ āpajjeyya, pācittiyan”ti.

Yo panāti yo yādiso …pe… bhikkhūti …pe… ayaṁ imasmiṁ atthe adhippeto bhikkhūti. Dhammikaṁ nāma kammaṁ apalokanakammaṁ ñattikammaṁ ñattidutiyakammaṁ ñatticatutthakammaṁ dhammena vinayena satthusāsanena kataṁ, etaṁ dhammikaṁ nāma kammaṁ. Chandaṁ datvā khiyyati āpatti pācittiyassa.

Dhammakamme dhammakammasaññī chandaṁ datvā khiyyati, āpatti pācittiyassa. Dhammakamme vematiko chandaṁ datvā khiyyati, āpatti dukkaṭassa. Dhammakamme adhammakammasaññī chandaṁ datvā khiyyati, anāpatti.

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

Anāpatti— “adhammena vā vaggena vā na kammārahassa vā kammaṁ katan”ti jānanto khiyyati, ummattakassa, ādikammikassāti.

Kammapaṭibāhanasikkhāpadaṁ niṭṭhitaṁ navamaṁ.