Vinaya Pitaka (4): Parivara

by I. B. Horner | 2014 | 150,781 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 analyses the rules from various points of view. The English translation of the Vinaya-pitaka (fourth part, parivara) contains many Pali original words, but transliterated using a system similar...

5. Synopsis Of Decidings

Prv.5.1.1 BD.6.149 What is the forerunner of a legal question concerning disputes, how many are the causal occasions, how many the matters, how many the grounds, how many the causes, how many the roots, by how many modes does one dispute, by how many decidings is a legal question concerning disputes stopped?

What is the forerunner of a legal question concerning censure … of a legal question concerning offences … of a legal question concerning obligations?

Prv.5.1.2 Vin.5.102 “What is the forerunner of a legal question concerning disputes?” Greed is a forerunner, hatred is a forerunner, confusion is a forerunner, lack of greed … lack of hatred … lack of confusion is a forerunner. “How many are the causal occasions?” There are eighteen causal occasions that are matters making for schism.[1] “How many matters?” There are eighteen matters that are matters making for schism.[2] “How many grounds?” There are eighteen grounds that are grounds making for schism. “How many causes?” Nine causes: three causes that are skilled, three causes that are unskilled, three causes that are indeterminate.[3] “How many roots?” Twelve roots.[4] “By how many modes does one dispute?” One disputes by two modes: either the view that it is Dhamma or the view that it is non-dhamma.[5] “By how many decidings is a legal question concerning disputes stopped?” A legal question concerning disputes is stopped by two decidings: by a verdict in the presence of and by the decision of the majority.[6]

Prv.5.1.3 “What is the forerunner of a legal question concerning BD.6.150 censure?” Greed … non-confusion is a forerunner. “How many are the causal occasions?” The four fallings away are causal occasions. “How many matters?” The four fallings away are matters. “How many grounds?” The four fallings away are grounds.[7] “How many causes?” Nine causes: three causes that are skilled, three causes that are unskilled three causes that are indeterminate.[8] “How many roots?” Fourteen roots. “By how many modes does one censure?” One censures by two modes: by the matter or by the offence. “By how many decidings is a legal question concerning censure stopped?” A legal question concerning censure is stopped by four decidings: by a verdict in the presence of and by a verdict of innocence and by a verdict of past insanity and by the decision for specific depravity.[9]

Prv.5.1.4 “What is the forerunner of a legal question concerning offences?” … non-confusion is a forerunner. “How many are the causal occasions?” The seven classes of offence are causal occasions. “How many matters?” The seven classes of offence are matters. “How many grounds?” The seven classes of offence are grounds. “How many causes?” Nine causes … three causes that are indeterminate. “How many roots?” The six origins of offences are roots. “By how many modes … ?” By six modes one falls into an offence: through being shameless, through ignorance, through being scrupulous by nature, through thinking it is allowable when it is not allowable, through thinking it is not allowable when it is allowable, through confusion of mindfulness. “By how many decidings is a legal question concerning offences stopped?” … it is stopped by three decidings: by a verdict in the presence of and by a carrying out on (his) acknowledgement and by a covering over (as) with grass.[10]

Prv.5.1.5 “What is the forerunner of a legal question concerning obligations?” … non-confusion is a forerunner. “How many are the causal occasions?” Four (formal) acts are causal occasions.[11] “How many matters?” Four (formal) acts are matters. “How many grounds?” Four (formal) acts are grounds. “How many causes?” Nine causes … three that BD.6.151 are indeterminate. “How many roots?” The Order is the one root. “By how many modes is an obligation produced?” An obligation is produced by two modes: by a motion or by asking for leave.[12] “By how many decidings is a legal question concerning obligations stopped?” A legal question concerning obligations is stopped by one decidings: by a verdict in the presence of.[13]

Prv.5.1.6 Vin.5.103 How many are the decidings? Seven decidings: a verdict in the presence of, a verdict of innocence, a verdict of past insanity, a carrying out on (his) acknowledgement, the decision of the majority, the decision for specific depravity, a covering over (as) with grass. These seven decidings.[14] Might it be that these seven decidings become ten decidings, that ten decidings become seven decidings according to the presentation[15] of the matter? It might be. How can it be? There are two decidings of a legal question concerning disputes, four decidings of a legal question concerning censure, three decidings of a legal question concerning offences, one deciding of a legal question concerning obligations. Thus these seven decidings become ten decidings, the ten decidings become seven decidings according to the presentation of the matter.

Concluded is the Sixth Chapter: that on Presentation

Prv.5.2.1 How many decidings of a legal question concerning disputes are in common,[16] how many decidings of a legal question concerning disputes are not in common? How many decidings of a legal question concerning censure … concerning offences … concerning obligations are in common … not in common?

Two decidings of a legal question concerning disputes are in common: a verdict in the presence of, the decision of the majority. Five decidings of a legal question concerning disputes are not in common: a verdict of innocence, a verdict of past insanity, the carrying out on (his) acknowledgement, a decision for specific depravity, a covering over (as) with grass.

Four decidings of a legal question concerning censure are in BD.6.152 common: a verdict in the presence of, a verdict of innocence a verdict of past insanity, a decision for specific depravity. Three decidings of a legal question concerning censure are not in common: the decision of the majority, the carrying out on (his) acknowledgement, a covering over (as) with grass.

Three decidings of a legal question concerning offences are in common: a verdict in the presence of, the carrying out on (his) acknowledgement, a covering over (as) with grass. Four decidings of a legal question concerning offences are not in common: the decision of the majority, a verdict of innocence, a verdict of past insanity, a decision for specific depravity.

One deciding is in common with a legal question concerning obligations: a verdict in the presence of. Six decidings are not in common with a legal question concerning obligations: the decision of the majority, a verdict of innocence, a verdict of past insanity, the carrying out on (his) acknowledgement, a decision for specific depravity, a covering over (as) with grass.

Concluded is the Seventh Chapter: on In Common

Prv.5.3.1 How many decidings of a legal question concerning disputes belong to that? How many decidings of a legal question concerning disputes belong to others?[17] How many decidings of a legal question concerning censure … of a legal question concerning offences … of a legal question concerning obligations belong to others?

Vin.5.104 Two decidings of a legal question concerning disputes belong to that … as in Prv.5.2.1; instead of in common and not in common read belong to that and belong to others.

Concluded is the Eighth Chapter: on Belongs to That

Prv.5.4.1 Are decidings of a deciding in common, are decidings of a deciding not in common? It may be that decidings of a deciding are in common, it may be that decidings of a deciding are not in common.

How may it be that decidings of a deciding are in common, how may it be that decidings of a deciding are not in common.

The decision of the majority is in common with a verdict in the presence of; it is not in common with a verdict of innocence, BD.6.153 with a verdict of past insanity, a carrying out on (his) acknowledgement, a decision for specific depravity, a covering over (as) with grass.

A verdict of innocence is in common with a verdict in the presence of; it is not in common with a verdict of past insanity, a carrying out on (his) acknowledgement, a decision for specific depravity, a covering over (as) with grass, a decision of the majority.

A verdict of past insanity is in common with a verdict in the presence of; it is not in common with a carrying out on (his) acknowledgement, a decision for specific depravity, a covering over (as) with grass, a decision of the majority, a verdict of innocence.

A carrying out on (his) acknowledgement is in common with a verdict in the presence of; it is not in common with a decision for specific depravity, a covering over (as) with grass, a decision of the majority, a verdict of innocence, a verdict of past insanity.

A decision for specific depravity is in common with a verdict in the presence of; it is not in common with a covering over (as) with grass, a decision of the majority, a verdict of innocence, a verdict of past insanity, a carrying out on (his) acknowledgement.

A covering over (as) with grass is in common with a verdict in the presence of; it is not in common with a decision of the majority, a verdict of innocence, a verdict of past insanity, a carrying out on (his) acknowledgement, a decision for specific depravity.

Thus it may be that decidings are in common with a deciding, thus it may be that decidings are not in common with a deciding.

Concluded is the Ninth Chapter: on Decidings in common with a Deciding

Prv.5.5.1 Do the decidings of a deciding belong to that? Do the decidings of a deciding belong to others? It may be … as in Prv.5.4.1; instead of in common and not in common read belong to that and belong to others.

Concluded is the Tenth Chapter: on Do the Decidings of a Deciding belong to That

Prv.5.6.1 BD.6.154 A deciding is a verdict in the presence of, a verdict in the presence of is a deciding. A deciding is a decision of the majority, a decision of the majority is a deciding. A deciding Vin.5.105 is a verdict of innocence … a verdict of past insanity … a carrying out on (his) acknowledgement … a decision for specific depravity … is a covering over (as) with grass, a covering over (as) with grass is a deciding.

A decision of the majority, a verdict of innocence, a verdict of past insanity, a carrying out on (his) acknowledgement, a decision for specific depravity, a covering over (as) with grass—these decidings are decidings, but not a verdict in the presence of. A verdict in the presence of is a deciding as well as being a verdict in the presence of.

A verdict of innocence, a verdict of past insanity, a carrying out on (his) acknowledgement, a decision for specific depravity, a covering over (as) with grass, a verdict in the presence of—these decidings are decidings, but not the decision of the majority. A decision of the majority is a deciding as well as being a decision of the majority.

A verdict in the presence of, a decision of the majority, a verdict of innocence, a verdict of past insanity, a carrying out on (his) acknowledgement, a decision for specific depravity—these decidings are decidings, but not a covering over (as) with grass. A covering over (as) with grass is a deciding as well as being a covering over (as) with grass.

Concluded is the Eleventh Chapter: on A Verdict in the Presence of being a Deciding

Prv.5.7.1 A verdict is a verdict in the presence of, a verdict in the presence of is a verdict … a verdict is a covering over (as) with grass, a covering over (as) with grass is a verdict.

A verdict may be a verdict in the presence of and it may not be a verdict in the presence of. A verdict in the presence of is a verdict as well as being a verdict in the presence of.

A verdict may be a decision of the majority … a verdict of innocence … a verdict of past insanity … a carrying out on (his) acknowledgement … a decision for specific depravity … a covering over (as) with grass and it may not be a covering BD.6.155 over (as) with grass. A covering over (as) with grass is a verdict as well as being a covering over (as) with grass.

Concluded is the Twelfth Chapter: on Verdict

Prv.5.8.1 Is a verdict in the presence of skilled, unskilled, indeterminate? Is a decision of the majority skilled, unskilled, indeterminate? … Is a covering over (as) with grass skilled, unskilled, indeterminate?

A verdict in the presence of may be skilled, it may be indeterminate; there is no unskilled verdict in the presence of. The decision of the majority may be skilled, it may be unskilled, it may be indeterminate. A verdict of innocence … a verdict of past insanity … a carrying out on (his) acknowledgement … a decision for specific depravity … a covering over (as) with grass may be skilled, it may be unskilled, it may be indeterminate.

Is a legal question concerning disputes skilled, unskilled, indeterminate[18]? Is a legal question concerning censure[19] … a legal question concerning offences … concerning obligations skilled, unskilled, indeterminate[20]?

Vin.5.106 A legal question concerning disputes may be skilled, it may be unskilled, it may be indeterminate. A legal question concerning censure … may be indeterminate. A legal question concerning offences may be unskilled, it may be indeterminate; there is no legal question concerning offences that is skilled. A legal question concerning obligations may be skilled, it may be unskilled, it may be indeterminate.

Concluded is the Thirteenth Chapter: on Skilled

Prv.5.9.1 Where a decision of the majority is possible there a verdict in the presence of is possible; where a verdict in the presence of is possible there a decision of the majority is possible.[21] Not possible there is a verdict of innocence … a verdict of past insanity … a carrying out on (his) acknowledgement … a decision for specific depravity … a covering over (as) with grass.

Where a verdict of innocence is possible there a verdict in BD.6.156 the presence of is possible; where a verdict in the presence of is possible there a verdict of innocence is possible. Not possible there is a verdict of past insanity … Cf. Prv.5.4.1.

Where a covering over (as) with grass is possible there a verdict in the presence of is possible; where a verdict in the presence of is possible there a covering over (as) with grass is possible. Not possible there is a decision of the majority not possible there is a verdict of innocence … a verdict of past insanity … a carrying out on (his) acknowledgement … a decision for specific depravity.

Prv.5.9.2 Where there is a decision of the majority there is a verdict in the presence of; where there is a verdict in the presence of there is a decision of the majority. Not there is there a verdict of innocence, not there … see Prv.5.9.1 Omit here the words is possible.

Where there is a verdict of innocence there is there a verdict in the presence of; where there is a verdict in the presence of there is there a verdict of innocence. Not there is …

To make the root a verdict in the presence of[22]

Where there is a covering over (as) with grass there is there a verdict in the presence of; where there is a verdict in the presence of there is there a covering over (as) with grass. Not there is there a decision of the majority … not there is there a decision for specific depravity.

Repetition of the Cycle.[23] Concluded is the Fourteenth Chapter: on Where

Prv.5.10.1 On that occasion when a legal question is settled by a verdict in the presence of and by a decision of the majority, where a decision of the majority is possible there a verdict in the presence of is possible; where a verdict in the presence of is possible there a decision of the majority is possible. Not possible there is a verdict of innocence … a covering over (as) with grass.

Vin.5.107 BD.6.157 On that occasion when a legal question is settled by a verdict in the presence of and by a verdict of innocence, where …

On that occasion when a legal question is settled by a verdict in the presence of and by a covering over (as) with grass, where a covering over (as) with grass is possible there a verdict in the presence of is possible; where a verdict in the presence of is possible there a covering over (as) with grass is possible. Not possible there is a decision of the majority, not possible there is a verdict of innocence … not possible there is a decision for specific depravity.

Concluded is the Fifteenth Chapter: on Occasion

Prv.5.11.1 “Legal question” or “deciding”—are these things associated or dissociated, and is it possible, having analysed these things again and again, to point to a difference between them[24]? “Legal question” or “deciding”—these things are dissociated, not associated, and it is possible to point to a difference between them—this should certainly not be said. “Legal question” or “deciding”—these things are associated, not dissociated, and it is not possible, having analysed these things again and again, to point to a difference between them. What is the reason for this? Was it not said by the Lord: “There are, monks, these four legal questions and seven decidings. Legal questions are settled by decidings; decidings are settled by legal questions. Thus these things are associated, not dissociated, and it is not possible … to point to a difference between them.”[25]

Concluded is the Sixteenth Chapter: on Associated

Prv.5.12.1 By how many decidings is a legal question concerning disputes stopped? By how many decidings is a legal question concerning censure … a legal question concerning offences … a legal question concerning obligations stopped?

A legal question concerning disputes is stopped by two deciding: by a verdict in the presence of and by a decision of BD.6.158 the majority.[26] A legal question concerning censure is stopped by four decidings: by a verdict in the presence of and by a verdict of innocence and by a verdict of past insanity and by a decision for specific depravity.[27] A legal question concerning offences is stopped by three decidings: by a verdict in the presence of and by a carrying out on his acknowledgement and by a covering over (as) with grass.[28] A legal question concerning obligations is stopped by one decidings: by a verdict in the presence of.[29]

By how many decidings are a legal question concerning disputes and a legal question concerning censure stopped? A legal question concerning disputes and a legal question concerning censure are stopped by five decidings: by a verdict in the presence of and by a decision of the majority and by a verdict of innocence and by a verdict of past insanity and by a decision for specific depravity.

Vin.5.108 By how many decidings are a legal question concerning disputes and a legal question concerning offences stopped? … by four deciding: by a verdict in the presence of and by a decision of the majority and by the carrying out on (his) acknowledgement and by a covering over (as) with grass.

By how many decidings are a legal question concerning disputes and a legal question concerning obligations stopped? … by two deciding: by a verdict in the presence of and by a decision of the majority.

By how many decidings are a legal question concerning censure and a legal question concerning offences stopped? … by six decidings: by a verdict in the presence of and by a verdict of innocence and by a verdict of past insanity and by a carrying out on (his) acknowledgement and by a decision for specific depravity and by a covering over (as) with grass.

By how many decidings are a legal question concerning censure and a legal question concerning obligations stopped? … by four decidings: by a verdict in the presence of and by a verdict of innocence and by a verdict of past insanity and by a decision for specific depravity.

By how many decidings are a legal question concerning BD.6.159 offences and a legal question concerning obligations stopped? … by three deciding: by a verdict in the presence of and by a carrying out on (his) acknowledgement and by a covering over (as) with grass.

By how many decidings are a legal question concerning disputes and a legal question concerning censure and a legal question concerning offences stopped? … by seven deciding: by a verdict in the presence of and by a decision of the majority and by a verdict of innocence and by a verdict of past insanity and by a carrying out on (his) acknowledgement and by a decision for specific depravity and by a covering over (as) with grass.

By how many decidings are a legal question concerning disputes and a legal question concerning censure and a legal question concerning obligations stopped? … by five deciding: by a verdict in the presence of and by a decision of the majority and by a verdict of innocence and by a verdict of past insanity and by a decision for specific depravity.

By how many decidings are a legal question concerning censure and a legal question concerning offences and a legal question concerning obligations stopped? … by six deciding: by a verdict in the presence of and by a verdict of innocence and by a verdict of past insanity and by a carrying out on (his) acknowledgement and by a decision for specific depravity and by a covering over (as) with grass.

By how many decidings are a legal question concerning disputes and a legal question concerning censure and a legal question concerning offences and a legal question concerning obligations stopped? … by seven deciding: by a verdict in the presence of and by a decision of the majority and by a verdict of innocence and by a verdict of past insanity and by a carrying out on (his) acknowledgement and by a decision for specific depravity and by a covering over (as) with grass.

Concluded is the Seventeenth Chapter: on Is Stopped

Prv.5.13.1 By how many decidings is a legal question concerning disputes … a legal question concerning censure … a legal concerning offences … a legal question concerning obligations stopped, by how many decidings is it not stopped?

BD.6.160 A legal question concerning disputes is stopped by two decidings: by a verdict in the presence of and by a decision of the majority; it is not stopped by five decidings: by a verdict of innocence nor by a verdict of past insanity nor by a carrying out on (his) acknowledgement nor by a decision for specific depravity nor by a covering over (as) with grass.

A legal question concerning censure is stopped by four decidings: by a verdict in the presence of and by a verdict of innocence and by a verdict of past insanity and by a decision for specific depravity; it is not stopped by three decidings: by a decision of the majority nor by a carrying out on (his) acknowledgement nor by a covering over (as) with grass.

A legal question concerning offences is stopped by three decidings: by a verdict in the presence of and by a carrying out on (his) acknowledgement and by a covering over (as) with grass; it is not stopped by four decidings: by a decision of the majority nor by a verdict of innocence nor by a verdict of past insanity nor by a decision for specific depravity.

Vin.5.109 A legal question concerning obligations is stopped by one deciding: by a verdict in the presence of; it is not stopped by six decidings: by a decision of the majority nor by a verdict of innocence nor by a verdict of past insanity nor by a carrying out on (his) acknowledgement nor by a decision for specific depravity nor by a covering over (as) with grass.

By how many decidings are a legal question concerning disputes and a legal question concerning censure stopped, by how many decidings are they not stopped? A legal question concerning disputes and a legal question concerning censure are stopped by five decidings: by a verdict in the presence of and by a decision of the majority and by a verdict of innocence and by a verdict of past insanity and by a decision for specific depravity; they are not stopped by two decidings: by a carrying out on (his) acknowledgement nor by a covering over (as) with grass.

By how many decidings are a legal question concerning disputes and a legal question concerning offences stopped … by four decidings: by a verdict in the presence of and by a decision of the majority and by a carrying out on (his) acknowledgement and by a covering over (as) with grass; they are not BD.6.161 stopped by three decidings: by a verdict of innocence nor by a verdict of past insanity nor by a decision for specific depravity.

By how many decidings are a legal question concerning disputes and a legal question concerning obligations stopped? … by two decidings: by a verdict in the presence of and by a decision of the majority; they are not stopped by five decidings: by a verdict of innocence nor by a verdict of past insanity nor by a carrying out on (his) acknowledgement nor by a decision for specific depravity nor by a covering over (as) with grass.

By how many decidings are a legal question concerning censure and a legal question concerning offences stopped? … by six decidings: by a verdict in the presence of and by a verdict of innocence and by a verdict of past insanity and by a carrying out on (his) acknowledgement and by a decision for specific depravity and by a covering over (as) with grass; they are not stopped by one deciding: by a decision of the majority.

By how many decidings are a legal question concerning censure and a legal question concerning obligations stopped? … by four decidings: by a verdict in the presence of and by a verdict of innocence and by a verdict of past insanity and by a decision for specific depravity; they are not stopped by three decidings: by a decision of the majority nor by a carrying out on (his) acknowledgement nor by a covering over (as) with grass.

By how many decidings are a legal question concerning offences and a legal question concerning obligations stopped? … by three decidings: by a verdict in the presence of and by a carrying out on (his) acknowledgement and by a covering over (as) with grass; they are not stopped by four decidings: by a decision of the majority nor by a verdict of innocence nor by a verdict of past insanity nor by a decision for specific depravity.

By how many decidings are a legal question concerning disputes and a legal question concerning censure and a legal question concerning offences stopped? … by seven decidings: by a verdict in the presence of and by a decision of the majority and by a verdict of innocence and by a verdict of past insanity and by a carrying out on (his) acknowledgement and by a BD.6.162 decision for specific depravity and by a covering over (as) with grass.

By how many decidings are a legal question concerning disputes and a legal question concerning censure and a legal question concerning obligations stopped? … by five decidings: by a verdict in the presence of and by a decision of the majority and by a verdict of innocence and by a verdict of past insanity and by a decision for specific depravity; they are not stopped by two decidings: by a carrying out on (his) acknowledgement nor by a covering over (as) with grass.

By how many decidings are a legal question concerning censure and a legal question concerning offences and a legal question concerning obligations stopped? … by six decidings: by a verdict in the presence of and by a verdict of innocence and by a verdict of past insanity and by a carrying out on (his) acknowledgement and by a decision for specific depravity and by a covering over (as) with grass; they are not stopped by one deciding: a decision of the majority.

By how many decidings are a legal question concerning disputes and a legal question concerning censure and a legal question concerning offences and a legal question concerning obligations stopped? … by seven decidings: by a verdict in the presence of and by a decision of the majority and by a verdict of innocence and by a verdict-of past insanity and by a carrying out on (his) acknowledgement and by a decision for specific depravity and by a covering over (as) with grass.

Concluded is the Eighteenth Chapter: on Are Stopped and Are Not Stopped

Prv.5.14.1 Decidings are stopped by decidings, decidings are stopped by legal questions, legal questions are stopped by decidings, legal questions are stopped by legal questions.

Vin.5.110 It may be that decidings are stopped by decidings … not stopped by decidings; it may be that decidings are stopped by legal questions … not stopped by legal questions, it may be that legal questions are stopped by decidings … not stopped by decidings; it may be that legal questions are stopped by legal questions … are not stopped by legal questions.

BD.6.163 How may it be that decidings are stopped by decidings, how may it be that decidings are not stopped by decidings? A decision of the majority is stopped by a verdict in the presence of; it is not stopped by a verdict of innocence, it is not stopped by a verdict of past insanity … by a carrying out on (his) acknowledgement … by a decision for specific depravity … by a covering over (as) with grass. A verdict of innocence is stopped by a verdict in the presence of; it is not stopped by a verdict of past insanity … Cf. Prv.5.4.1 … A covering over (as) with grass is stopped by a verdict in the presence of; it is not stopped by a decision of the majority, it is not stopped by a verdict of innocence … by a verdict of past insanity … by a carrying out on (his) acknowledgement … by a decision for specific depravity. Thus there may be decidings that are stopped by decidings, thus there may be decidings that are not stopped by decidings.

How may it be that decidings are stopped by legal questions, how may it be that decidings are not stopped by legal questions? A verdict in the presence of is stopped by a legal question concerning disputes; it is not stopped by a legal question concerning censure … offences, it is stopped by a legal question concerning obligations. A decision of the majority is stopped by a legal question concerning disputes; it is not stopped by a legal question concerning censure … offences … obligations. A verdict of innocence is not stopped by a legal question concerning disputes … censure … offences … obligations. A verdict of past insanity is not stopped by a legal question concerning disputes … censure … offences … obligations. A carrying out on (his) acknowledgement is not stopped by a legal question concerning disputes … censure, it is stopped by a legal question concerning offences, it is not stopped by a legal question concerning obligations. A decision for specific depravity … a covering over (as) with grass is not stopped by a legal question concerning disputes … censure … offences … obligations. Thus there may be decidings that are stopped by legal questions, thus there may be decidings that are not stopped by legal questions.

How may it be that legal questions are stopped by decidings, how may be that legal questions are not stopped by decidings? BD.6.164 A legal question concerning disputes is stopped by a verdict in the presence of and by a decision of the majority; it is stopped by a verdict of innocence nor by a verdict for past insanity nor by a carrying out on (his) acknowledgement nor b a decision for specific depravity nor by a covering over (as) with grass. A legal question concerning censure is stopped by a verdict in the presence of and by a verdict of innocence and by a verdict of past insanity and by a decision for specific depravity; it is not stopped by a decision of the majority nor by a carrying out on (his) acknowledgement nor by a covering over (as) with grass. A legal question concerning offences is stopped by a verdict in the presence of and by a carrying out on (his) acknowledgement and by a covering over (as) with grass; it is not stopped by a decision of the majority nor by a verdict of innocence nor by a verdict of past insanity nor by a decision for specific depravity. A legal question concerning obligations is stopped by a verdict in the presence of; it is not stopped by a decision of the majority nor by a verdict of innocence nor by a verdict of past insanity nor by a carrying out on (his) acknowledgement Vin.5.111 nor by a decision for specific depravity nor by a covering over (as) with grass. Thus there may be legal questions that are stopped by decidings, thus there may be legal questions that are not stopped by decidings.

How may it be that legal questions are stopped by legal questions, how may it be that legal questions are not stopped by legal questions? A legal question concerning disputes is not stopped by a legal question concerning censure, it is not stopped by a legal question concerning offences; it is stopped by a legal question concerning obligations. A legal question concerning censure … a legal question concerning offences … a legal question concerning obligations is not stopped by a legal question concerning disputes, it is not stopped by a legal question concerning censure, it is not stopped by a legal question concerning offences; it is stopped by a legal question con corning obligations. Thus there may be legal questions that are stopped by legal questions, thus there may be legal questions that are not stopped by legal questions.

Six decidings as well as the four legal questions are stopped BD.6.165 by a verdict in the presence of; a verdict in the presence of is stopped by some.

Concluded is the Nineteenth Chapter: on Decidings and Legal Questions

Prv.5.15.1 Of the four legal questions which legal question originates a legal question concerning disputes? Of the four legal questions it is not which legal question originates a legal question concerning disputes yet because of a legal question concerning disputes the four legal questions arise. How is it like that? As to this monks are disputing, saying, “It is Dhamma” or “It is not Dhamma” or “It is Discipline” or “It is not Discipline” or … see Kd.14.14.2 … this is called a legal question concerning disputes. If the Order disputes about a legal question concerning disputes, there is a legal question concerning disputes. If one censures when he is disputing, there is a legal question concerning censure. If one falls into an offence when he is censuring, there is a legal question concerning offences. If the Order carries out a (formal) act for these offences, there is a legal question concerning obligations. Thus it is that because of a legal question concerning disputes the four legal questions arise.

Of the four legal questions … as before … legal question concerning censure? … yet because of a legal question concerning censure the four legal questions arise. How is it like that? As to this monks are censuring a monk … see Kd.14.14.2 … this is called a legal question concerning censure. If the Order disputes about a legal question concerning censure, there is a legal question concerning disputes. If one censures as he is disputing … as before … Thus it is that because of a legal question concerning censure the four legal questions arise.

Of the four legal questions … a legal question concerning offences? … yet because of a legal question concerning offences the four legal questions arise. How is it like that? Both the five classes of offence … see Kd.14.14.2 … this is called a legal question concerning offences. If the Order disputes about a legal question concerning offences, there is a legal question concerning disputes. Vin.5.112 If one censures … Thus it is that because of a legal question concerning offences the four legal questions arise.

BD.6.166 Of the four legal questions … legal question concerning obligations? … yet because of a legal question concerning obligations the four legal questions arise. How is it like that? Whatever is an Order’s business … see Kd.14.14.2 … This is called a legal question concerning obligations. If the Order disputes about a legal question concerning obligations there is a legal question concerning disputes. If one censures as he is disputing … Thus it is that because of a legal question concerning obligations the four legal questions arise.

Concluded is the Twentieth Chapter: on Originating

Prv.5.16.1 Of the four legal questions to which legal question does the legal question concerning disputes appertain, which legal question is it dependent on, which legal question is it included in, in which legal question is it comprised? Of the four legal questions to which legal question does the legal question concerning censure … concerning offences … concerning obligations appertain … in which legal question is it comprised?

Of the four legal questions the legal question concerning disputes appertains to a legal question concerning disputes, it is dependent on a legal question concerning disputes, it is included in a legal question concerning disputes, it is comprised in a legal question concerning disputes. Of the four legal questions the legal question concerning censure appertains to a legal question concerning censure … the legal question concerning offences … the legal question concerning obligations … is comprised in a legal question concerning obligations.

Of the seven decidings to how many decidings does a legal question concerning disputes appertain, how many decidings is it dependent on, how many decidings is it included in, in how many decidings is it comprised, by how many decidings is it stopped? Of the seven decidings to how many decidings does a legal question concerning censure … concerning offences … concerning obligations appertain … by how many decidings is it stopped?

Of the seven decidings a legal question concerning disputes appertains to two decidings, is dependent on two decidings, is included in two decidings, is comprised in two decidings, is stopped by two decidings: a verdict in the presence of and a BD.6.167 decision of the majority. Of the seven decidings a legal question concerning censure appertains to four decidings … is stopped by four decidings: by a verdict in the presence of and by a verdict of innocence and by a verdict of past insanity and by a decision for specific depravity. Of the four decidings a legal question concerning offences appertains to three decidings … is stopped by three decidings: by a verdict in the presence of and by a carrying out on (his) acknowledgement Vin.5.113 and by a covering over (as) with grass. Of the seven decidings a legal question concerning obligations appertains to one deciding … is stopped by one deciding: by a verdict in the presence of.

Concluded is the Synopsis of Decidings.[30]

Its Summary

Legal question come to presentation,[31] and those that are in common, those that belong,
Decidings of a deciding in common, that belong to that, /
Also decidings in the presence of, about verdict, and about skilled,
Where, occasion, associated, they stop, and they do not stop.
Also decidings and legal-questions, originating, and they appertain. /

Footnotes and references:

1.

See the set of eighteen at Kd.14.14.2, but they have no generic name there.

2.

Eighteen vatthu given at Vin.1.354f., first, beginning with the negative aspect: adhamma avinaya, etc., to illustrate what would be the words of a monk regarded as an adhammavādin; and then, with the positive aspect stated first, to illustrate those of a monk regarded as a dhammavādin.

3.

Cf. Kd.14.14.8.

4.

mūla, root or source or ground. Two sets of six each are given at Kd.14.14.3, followed by three unskilled sources and then three skilled ones.

5.

Given at Kd.14.14.2; also at Vin.1.354.

12.

Vin.2.89; see also Vin.4.152.

14.

As at Vin.4.207; explained in detail at Vin.2.80ff.

15.

pariyāya, defined at MN-a.i.18., MN-a.i.89.

16.

As seen in the next paragraph sādhāraṇa, in common, does not mean here shared by monks and nuns.

17.

I.e. to other legal questions.

18.

Vin.2.91, where explanations are given.

19.

Vin.2.91, where explanations are given.

20.

Vin.2.91, where explanations are given.

21.

Vin.2.97; also see Vin.2.84.

22.

sammukhāvinayaṃ kātūna mūlaṃ. See BD.6.xvi Introduction, p.xvi.

23.

cakka, wheel, series, cycle; the arrangement. The word is use same sense as above at e.g. Vin.1.330ff.

24.

Cf. MN.i.293, Mil.63, Atthasālinī 311, Vism.438.

25.

Untraced in so many words, but the sentiment is precisely that of Kd.14.14, … Cf. also Vin.5.93, MN.ii.247, and indeed the words “There are, these four legal questions” occur there.

30.

Kd.14 to which this Section pertains, is called Samathakkhandhaka.

31.

pariyāpanna. This is not the same as pariyāpanna (“included”) in Prv.5.16.1 just above. It must be taken as pariyā ( + ya, omitted metri causa) + āpanna since pariyāya-vāra is the name given to the first chapter in this Samathabheda Section, i.e. Prv.5.1.

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