Vinaya Pitaka (3): Khandhaka

by I. B. Horner | 2014 | 386,194 words | ISBN-13: 9781921842160

The English translation of the Khandhaka: the second book of the Pali Vinaya Pitaka, one of the three major ‘baskets’ of Therevada canonical literature. It is a collection of various narratives. The English translation of the Vinaya-pitaka (third part, khandhaka) contains many Pali original words, but transliterated using a system similar to the I...

Kd.14.14.1 Now at that time monks disputed with monks and nuns disputed with monks and the monk Channa, intruding into the nuns’ (quarters), disputed together with the monks and was BD.5.117 prejudiced on the side of the nuns. Those who were modest monks looked down upon, criticised, spread it about, saying: “How can this monk Channa, intruding into the nuns’ (quarters), dispute together with monks and be prejudiced on the side of the nuns?” Then these monks told this matter to the Lord. He said: “Is it true, as is said, monks, …?”

“It is true, Lord.” Having rebuked them, having given reasoned talk, he addressed the monks, saying:

Kd.14.14.2 “Monks, there are these four kinds of legal questions: legal questions arising out of disputes, legal questions arising out of censure, legal questions arising out of offences, legal questions arising out of obligations.[1]

“What is here a legal question arising out of disputes? This is a case, monks, where monks dispute, saying[2]: ‘It is dhamma’ or ‘It is not dhamma’ or ‘It is discipline’ or ‘It is not discipline’ or ‘It is spoken, uttered by the Truth-finder’, or ‘It is not spoken, not uttered by the Truth-finder’ or ‘It is practised by the Truth-finder’ or ‘It is not practised by the Truth-finder’ or ‘It is laid down by the Truth-finder’ or ‘It is not laid down by the Truth-finder’ or ‘It is an offence’ or ‘It is not an offence’ or ‘It is a slight offence’ or ‘It is a serious offence’ or ‘It is an offence that can be done away with’ or ‘It is an offence that cannot be done away with’ or ‘It is a bad offence’ or ‘It is not a bad offence.’ Whatever here is strife, quarrel, contention, dispute, difference of opinion, other opinion, because the common appellation of heatedness[3] is ‘quarrel,[4]’, this is called a legal question arising from disputes.

“What is here a legal question arising from censure? In this case, monks, monks censure a monk for falling away from moral habit or for falling away from good habits or for falling away from right view or for falling away from a right mode of livelihood. Whatever here is censure, fault-finding, talking to, scolding, bickering, inciting, instigating, this is called a legal question arising from censure.

“What is here a legal question arising from offences? Both BD.5.118 the five classes of offences[5] (yield) legal questions arising from offences, and the seven classes of offences[6] (yield) legal questions arising from offences. This is called Vin.2.89 a legal question arising from offences.

“What is here a legal question arising from obligations? Whatever is an Order’s business and ought to be done (by it): a (formal) act for which leave ought to be asked,[7] a (formal) act at which a motion is put, a (formal) act at which a motion is put and followed by one resolution, a (formal) act at which a motion is put and followed by a resolution made three times.[8] This is called a legal question arising from obligations.

Kd.14.14.3 “What is the source of a legal question arising from disputes? Six sources of dispute are the source of a legal question arising from disputes: there are three unskilled sources which are the source of a legal question arising from disputes as well as three skilled sources which are the source of legal questions arising from disputes.

“Which are the six sources of dispute which are the source of a legal question arising from disputes? In this case, a monk becomes angry and bears ill-will.[9] Monks, whatever monk becomes angry and bears ill-will, he lives without deference, disrespectful towards the Teacher, and he lives without deference, disrespectful towards dhamma, and he lives without deference, disrespectful towards the Order, and he does not complete the training. Monks, whatever monk lives without deference, disrespectful towards the Teacher, dhamma, and the Order and does not complete the training, he causes dispute in an Order, and that dispute comes to be for the harm of the many-folk, for the lack of ease of the many-folk, for the lack of the goal for the many-folk, for the harm and dissatisfaction BD.5.119 of devas and mankind. If you, monks, should perceive a source of dispute like this among yourselves or among others, you, monks, should strive therein for the destruction of precisely that evil source of disputes. If you, monks, should perceive no source of dispute like this among yourselves or among others, you, monks, should therein follow a course (to stop) there being future effects of precisely that evil source of disputes. Thus there comes to be destruction of that evil source of disputes, thus there come to be no future effects of that evil source of disputes.

“And again, monks, a monk becomes harsh[10] and unmerciful, he becomes envious and grudging, he becomes crafty and deceitful, he comes to have evil desires and wrong views, he comes to be infected with worldliness, obstinate, stubborn.[11] Monks, that monk who lives without deference, disrespectful towards the Teacher … thus there come to be no future effects of that evil source of disputes. These six sources of dispute are the source of a legal question arising from disputes.

Kd.14.14.4 “Which three unskilled sources are the source of a legal question arising from disputes? In this case, monks dispute covetous in mind, they dispute corrupt in mind, they dispute erring in mind, saying: ‘It is dhamma’ or ‘It is not dhamma’ or … ‘It is not a bad offence.’[12] These three unskilled sources are the source of a legal question arising from disputes.

“Which three skilled sources are the source of a legal question arising from disputes? In this case, monks dispute not covetous in mind, they dispute not corrupt in mind, they dispute not erring in mind, Vin.2.90 saying: ‘It is dhamma’ or ‘It is not dhamma’ … or ‘It is not a bad offence’. These three skilled sources are the source of a legal question arising from disputes.

Kd.14.14.5 “What is the source of a legal question arising from censure? Six sources of censure are the source of a legal question arising from censure: there are three unskilled sources which are the source of a legal question arising from censure as well as three BD.5.120 skilled sources which are the source of a legal question arising from censure; body, too, is a source of a legal question arising from censure; speech, too, is a source of a legal question arising from censure.

“Which are the six sources of censure that are the source of a legal question arising from censure? In this case, monks, a monk becomes angry and bears ill-will … as in Kd.14.14.3. Instead of dispute read censure, source of censure, etc. … These six sources of censure are the source of a legal question arising from censure.

“Which three unskilled sources are the source of a legal question arising from censure? In this case, monks, covetous in mind, censure a monk, corrupt in mind they censure (him), erring in mind they censure him with falling away from moral habit or with falling away from good habits or with falling away from right view or with falling away from a right mode of livelihood. These three unskilled source are the sources of a legal question arising from censure.

“Which three skilled sources are the source of a legal question arising from censure? In this case monks, not covetous in mind, censure a monk; not corrupt in mind … not erring in mind, they censure him with falling away from moral habit … with falling away from a right mode of living. These three skilled sources are the source of a legal question arising from censure.

“Which (kind of) a body is a source of a legal question arising from censure? In this case someone comes to be of a bad colour,[13] ugly, deformed, very ill or blind of one eye or paralysed down one side or lame or a cripple, on account of which they censure him. This (kind of) body is a source of a legal question arising from censure.

“Which (kind of) speech is a source of a legal question arising from censure? In this case someone comes to be surly, stuttering, of hoarse enunciation, on account of which they censure him. This (kind of) speech is a source of a legal question arising from censure.

Kd.14.14.6 “What is the source of a legal question arising from offences? Six origins of offences are the source of a legal question arising BD.5.121 from offences: there is the offence which originates from the body, not from speech, not from mind; there is the offence which originates from speech, not from body, not from mind; there is the offence which originates from body and from speech, not from mind; there is the offence which originates from body and from mind, not from speech; there is the offence which originates from speech and mind, not from body; there is the offence which originates from body and from speech and from mind. These six origins of offences are the source of a legal question arising from offences.

Kd.14.14.7 “What is the source of a legal question arising from obligations? The Order is the sole source of a legal question arising from obligations. Vin.2.91

Kd.14.14.8 “A legal question arising from disputes: is it skilled, unskilled, indeterminate? A legal question arising from disputes may be skilled, it may be unskilled, it may be indeterminate. What here is a legal question arising from disputes that is skilled? In this case monks whose thoughts are skilled dispute, saying, ‘This is dhamma’ or ‘This is not dhamma’ or … ‘This is not a bad offence.’ Whatever therein is strife, quarrel, contention, dispute, difference of opinion, other opinion, because the common appellation of heatedness is ‘quarrel’, this is called a legal question arising from dispute? that is skilled.

“What here is a legal question arising from disputes that is unskilled? In this case, monks whose thoughts are unskilled dispute, saying: ‘This is dhamma’ or ‘This is not dhamma’ or … ‘This is not a bad offence’ … because the common appellation of heatedness is ‘quarrel,’ this is called a legal question arising from disputes that is unskilled.

“What here is a legal question arising from disputes that is indeterminate? In this case, monks whose thoughts are indeterminate dispute, saying: ‘It is dhamma’ or … ‘It is not a bad offence’ … called a legal question arising from disputes that are indeterminate.

Kd.14.14.9 “A legal question arising from censure: is it skilled, unskilled, indeterminate? A legal question arising from censure may be skilled, it may be unskilled, it may be indeterminate. What here is a legal question arising from censure that is skilled? In this case monks whose thoughts are skilled censure a monk with falling away from moral habit or with falling BD.5.122 away from good habits or with falling away from right views or with falling away from a right mode of livelihood. Whatever herein is censure, blaming, talking to, scolding, bickering, inciting, instigating, this is called a legal question arising from censure that is skilled.

“What here is a legal question arising from censure that is unskilled? In this case, monks whose thoughts are unskilled censure a monk … What is here a legal question arising from censure that is indeterminate? In this case, monks whose thoughts are indeterminate censure a monk with falling away from … a right mode of livelihood. Whatever herein is censure, blaming … instigating, this is called a legal question arising from censure that is indeterminate.

Kd.14.14.10 “A legal question arising from offences: is it skilled, unskilled, indeterminate? A legal question arising from offences may be unskilled it may be indeterminate. There is no legal question arising from offences that is skilled. What is here a legal question arising from offences that is unskilled? A transgression committed knowingly, consciously, deliberately[14] is one that is called a legal question arising from offences that is unskilled.

“What is here a legal question arising from offences that is indeterminate? A transgression committed not knowingly, not consciously, not deliberately is one that is called a legal question arising from offences that is indeterminate.

Kd.14.14.11 “A legal question arising from obligations: is it skilled, unskilled, indeterminate? A legal question arising from obligations may be skilled, it may be unskilled, it may be indeterminate. What is here a legal question arising from obligations that is skilled? Whatever (formal) act that an Order, good in mind, carries out: a (formal) act for which leave ought to be asked, a (formal) act at which a motion is put, a (formal) act at which a motion is put and followed by one resolution, a (formal) act at which a motion is put and followed by a resolution made three times[15]—this is called a legal question arising from obligations that is skilled.

“What is here Vin.2.92 a legal question arising from obligations BD.5.123 that is unskilled? Whatever (formal) act that an Order bad in mind, carries out … What is here a legal question arising from obligations that is indeterminate? Whatever (formal) act that an Order, indeterminate in mind, carries out … this is called a legal question arising from obligations that is indeterminate.

Kd.14.14.12 “(Can there be) a dispute and a legal question arising from disputes, a dispute (but) no legal question, a legal question (but) no dispute, a legal question as well as a dispute? There may be a dispute and a legal question arising from disputes, there may be a dispute (but) no legal question, there may be a legal question (but) no dispute, there may be a legal question as well as a dispute.

“What is here a dispute and a legal question arising from disputes? In this case, monks dispute, saying: ‘This is dhamma’ or … ‘This is not a bad offence’.[16] Whatever herein[17] is strife, quarrel, contention, dispute, difference of opinion, other opinion, because the common appellation of heatedness is ‘quarrel’ this is called a dispute and a legal question arising from disputes.

“What is here a dispute (but) not a legal question? Mother disputes with son and son disputes with, mother, and father disputes with son and son disputes with father, and brother disputes with brother and brother disputes with sister and sister disputes with brother, and friend disputes with friend. This is a dispute (but) not a legal question.

“What is here a legal question (but) not a dispute? A legal question arising from censure, a legal question arising from offences, a legal question arising from obligations. This is a legal question (but) not a dispute.

“What is here a legal question as well as a dispute? A legal question arising from disputes is a legal question as well as a dispute.

Kd.14.14.13 “(Can there be) censure and a legal question arising from censure, censure (but) no legal question, a legal question (but) no censure, a legal question as well as censure? There may be censure and a legal question arising from censure, there may be censure (but) no legal question, there may be a legal BD.5.124 question (but) no censure, there may be a legal question as well as censure.

“What is here censure and a legal question arising from censure? In this case monks censure a monk with falling away from moral habit or … with falling away from a right mode of living. Whatever herein is censure, blaming … instigating, this is censure and a legal question arising from censure.

“What is here censure (but) not a legal question? Mother censures son and son censures mother … and friend censures friend. This is censure (but) not a legal question.

“What is here a legal question (but) not censure? A legal question arising from offences, a legal question arising from obligations, a legal question arising from disputes. This is a legal question but not censure.

“What is here a legal question as well as censure? A legal question arising from censure is a legal question as well as censure.

Kd.14.14.14 “(Can there be) an offence and a legal question arising from offences, an offence (but) no legal question, a legal question (but) no offence, a legal question as well as an offence? There may be an offence and a legal question arising from offences, there may be an offence (but) no legal question, there may be a legal question (but) no offence, there may be a legal question as well as an offence. Vin.2.93

“What is here an offence and a legal question arising from offences? The five classes of offences (yield) a legal question arising from offences and the seven classes of offences (yield) a legal question arising from offences. This is an offence and a legal question arising from offences.

“What is here an offence (but) not a legal question? Stream-attainment and Attainment.[18] This is “falling” but not a legal question.

“What is here a legal question (but) not an offence? A legal question arising from obligations, a legal question arising from disputes, a legal question arising from censure. This is a legal question (but) not an offence.

“What is here a legal question as well as an offence? A BD.5.125 legal question arising from offences is a legal question as well as an offence.

Kd.14.14.15 “(Can there be) an obligation and a legal question arising from obligations, an obligation (but) no legal question, a legal question (but) no obligation, a legal question as well as an obligation? There may be an obligation and a legal question arising from obligations, there may be an obligation (but) no legal question, there may be a legal question (but) no obligation, there may be a legal question as well as an obligation.

“What is here an obligation and a legal question arising from obligations? Whatever is an Order’s business and ought to be done by it: a (formal) act for which leave ought to be asked, a (formal) act at which a motion is put, a (formal) act at which a motion is put and followed by one resolution, a (formal) act at which a motion is put and followed by a resolution made three times—this is an obligation and a legal question arising from obligations.

“What is here an obligation (but) no legal question? An obligation to a teacher, an obligation to a preceptor, an obligation to one who has the same preceptor, an obligation to one who has the same teacher. This is an obligation (but) not a legal question.

“What is here a legal question (but) not an obligation? A legal question arising from disputes … arising from censure … arising from offences. This is a legal question (but) not an obligation.

“What is here a legal question as well as an obligation? A legal question arising from obligations is a legal question as well as an obligation.

Footnotes and references:

1.

As at Vin.3.164.

2.

Cf. the following with Vin.1.354.

3.

vipaccatāya vohāro. Vin-a.1194 says “the common appellation is due to mental uneasiness, cittadukkha. The meaning is harsh speech.”

4.

medhaka.

5.

That is to say, those of Defeat, those entailing a Formal Meeting of the Order, those of Expiation, those which ought to confessed and those of wrong-doing.

6.

The above five, With grave offences and those of wrong speech added.

7.

apalokanakamma. Vin-a.1195 says “having purified the Order living in the boundary, having brought the leave of absence of those who deserve to send leave of absence, the (formal) act should be carried out, having announced it three times for the approval of a complete Order.” Vin-a.1195 refers for all these types of formal acts to the Parivāra, i.e. to Vin.5.229ff.

8.

These types of formal acts are also mentioned at Vin.4.152 in definition of “legitimate (formal) acts.” See BD.3.59, BD.3.60 for further references.

9.

This recurs at AN.iii.334; DN.iii.246; MN.i.96, MN.ii.245. See Pp.ii.1 where kodha and upanāhi form the subjects of questions.

10.

The first six words occur at MN.i.96 (cf. MN.i.43) and they form subjects of questions at Pp.ii.2–Pp.ii.4. The first five occur at Ja.iii.259.

11.

Cf. MN.i.43, MN.i.96, MN.i.402; DN.iii.247; AN.iii.335, AN.v.150.

12.

As at Kd.14.14.2.

13.

As at AN.i.107 = AN.ii.85 = SN.i.94 = MN.iii.169 = Pp.51.

15.

As above, Kd.14.14.2.

16.

As in Kd.14.14.2.

17.

As in Kd.14.14.8.

18.

For this play of words on āpatti, sot-āpatti and sam-āpatti see BD.2.177, n.5.