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...

11. Synopsis Of Legal Questions

Prv.11.1.1 BD.6.244 Vin.5.150 Four legal questions: a legal question concerning disputes, a legal question concerning censure, a legal question concerning offences, a legal question concerning obligations These are the four legal questions. Of these four legal questions how many openings up are there? Of these four legal questions there are ten openings up.[1] Of a legal question concerning disputes there are two openings up. Of a legal question concerning censure there are four openings up. Of a legal question concerning offences there are three openings up. Of a legal question concerning obligations there is one opening up. These are the ten openings up of these four legal questions. In opening up a legal question concerning disputes … censure offences … obligations, how many decidings does one open up? In opening up a legal question concerning disputes one opens up two decidings. In opening up a legal question concerning censure one opens up four decidings. In opening up a legal question concerning offences one opens up three decidings. In opening up a legal question concerning obligations one opens up one deciding.

Prv.11.1.2 How many openings up? In how many ways does one bring about an opening up? Of how many qualities is an individual who opens up a legal question possessed? How many individuals, in opening up a legal question, fall into an offence?

Twelve openings up. In ten ways does one bring about an opening up. An individual who is possessed of four qualities opens up a legal question. Four individuals in opening up a legal question fall into an offence.

Prv.11.1.3 What are the twelve openings up? Saying: The formal act is not carried out, the formal act is badly carried out, the formal act should be carried out again; it is not fixed,[2] it is badly fixed, it should be fixed again[3]; it is not decided, it is BD.6.245 badly decided, it should be decided again; it is not settled, it is badly settled, it should be settled again—these twelve openings up.

In what ten ways does one bring about an opening up? He opens up a legal question where it arose[4]; he opens up a legal question settled where it arose; he opens up a legal question on a highway[5]; he opens up a legal question settled on a highway[6]; he opens up a legal question when he has arrived there[7]; he opens up a legal question settled when he has arrived there; he opens up a verdict of innocence[8]; he opens up a verdict of past insanity[9]; Vin.5.151 he opens up a decision for specific depravity[10]; he opens up a covering over (as) with grass.[11] In these ten ways one brings about an opening up.[12]

Of what four qualities is an individual possessed that he opens up a legal question? Following a wrong course through partiality … hatred … confusion … fear he opens up a legal question. Possessed of these four qualities an individual opens up a legal question.

Who are the four individuals who in opening up a legal question fall into an offence? If one who was ordained that very day opens (it) up, for opening up there is an offence of Expiation. If an incoming monk … if one who carried out (the legal question[13]) … if one who has given his consent[14] opens (it) up, for opening up there is an offence of Expiation. These four individuals, in opening up, fall into an offence.[15]

Prv.11.1.4 What is the provenance, what the arising, what the birth, what the source, what the bringing forth, what the origin of a BD.6.246 legal question concerning disputes … censure … offences obligations?

A legal question concerning disputes has dispute as pro venance, dispute as arising … dispute as origin. A legal question concerning censure has censure as provenance origin. A legal question concerning offences has offences as provenance … origin. A legal question concerning obligations has obligation as provenance … origin.

Prv.11.1.5 What is the provenance … what the origin of a legal question concerning disputes … censure … offences obligations?

A legal question concerning disputes … censure … offences … obligations has cause as provenance … as origin.

Prv.11.1.6 What is the provenance … what the origin of a legal question concerning disputes … censure … offences … obligations?

A legal question concerning disputes … censure … offences … obligations has condition as provenance … as origin.

Prv.11.1.7 How many roots, how many origins of the four legal questions? There are thirty-three roots, thirty-three origins of the four legal questions.

Of the four legal questions what are the thirty-three roots? Twelve[16] roots of a legal question concerning disputes; fourteen[17] roots of a legal question concerning censure; six[18] roots of a legal question concerning offences; one root of a legal question concerning obligations. These are the thirty-three roots of the four legal questions.

Vin.5.152 Of the four legal questions what are the thirty-three origins? The eighteen matters making for schism[19] are the origins of a legal question concerning disputes. The four fallings away are the origins of a legal question concerning censure.[20] The seven classes of offence are the origins of a legal question concerning offences.[21] The four (formal) acts are the BD.6.247 origins of a legal question concerning obligations.[22] These are the thirty-three origins of the four legal questions.

Prv.11.1.8 Is a legal question concerning disputes an offence or not an offence? A legal question concerning disputes is not an offence—could one then fall into an offence because of a legal question concerning disputes? Yes, one could fall into an offence because of a legal question concerning disputes. How many offences does one fall into because of a legal question concerning disputes? One falls into two offences because of a legal question concerning disputes: if he insults one who is ordained there is an offence of Expiation[23]; if he insults one who is not ordained there is an offence of wrong-doing. These are the two offences one falls into because of a legal question concerning disputes.

Of the four fallings away, to how many fallings away do these offences appertain? Of the four legal questions which legal question? Of the seven classes of offence in how many classes of offence are they comprised? Of the six origins of offences by how many origins do they originate? By how many legal questions, among how many possibilities, by how many decidings are they stopped?

Of the four fallings away these offences appertain to one falling away: falling away from right behaviour. Of the four legal questions the legal question concerning offences. Of the seven classes of offence they are comprised in two classes of offence: it may be in the class of offence of Expiation; it may be in the class of offence of wrong-doing. Of the six origins of offences they originate by three origins. By one legal question: by the legal question concerning obligations; by three possibilities: in the midst of an Order, in the midst of a group, in the presence of an individual; by three decidings are they stopped: it may be by a verdict in the presence of and by the carrying out on his acknowledgement; it may be by a verdict in the Presence of and by a covering over (as) with grass.[24]

Prv.11.1.9 Is a legal question concerning censure an offence or not an offence … see Prv.11.1.8 … One falls into three offences because of BD.6.248 a legal question concerning censure: if he defames a monk with an unfounded charge of an offence involving Defeat there is an offence requiring a Formal Meeting of the Order[25]; if he defames with an unfounded charge of an offence requiring a Formal Meeting of the Order there is an offence of Expiation; if he defames with an unfounded charge of falling away from right behaviour there is an offence of wrong-doing. These are the three offences one falls into because of a legal question concerning censure.

Of the four fallings away, to how many … by how many decidings are they stopped?

Of the four fallings away these offences appertain to two fallings away: it may be to falling away from moral habit; it may be to falling away from right behaviour. Of the four legal questions, the legal question Vin.5.153 concerning offences. Of the seven classes of offence they are comprised in three classes of offence: it may be in the class of offence requiring a Formal Meeting of the Order; it may be in the class of offence of Expiation; it may be in the class of offence of wrong-doing. Of the six origins of offence they originate by three origins. That which is a serious offence is an offence that is stopped by one legal question: the legal question concerning obligations; by one possibility: in the midst of the Order; by two decidings: by a verdict in the presence of and by the carrying out on his acknowledgement. Those which are slight offences are offences that are stopped by one legal question: the legal question concerning obligations; by three possibilities … see Prv.11.1.8 … by a covering over (as) with grass.

Prv.11.1.10 Is a legal question concerning offences an offence or not an offence? A legal question concerning offences is an offence—one could then fall into four offences because of a legal question concerning offences: if a nun knowingly conceals an offence involving Defeat[26] there is an offence involving Defeat; if, being in doubt, she conceals it, there is a grave offence; if a monk conceals an offence requiring a Formal Meeting of the Order there is an offence of Expiation; if one conceals a falling away from good behaviour there is an offence of wrong-doing. BD.6.249 One falls into these four offences because of a legal question concerning offences.

Of the four fallings away to how many … by how many decidings are they stopped?

Of the four fallings away these offences … see Prv.11.1.9 … are comprised in four classes of offence: it may be in the class of offence involving Defeat; it may be in the class of offence that is grave; it may be in the class of offence of Expiation; it may be in the class of offence of wrong-doing. Of the six origins of offences they originate by one origin: they originate by body and speech and thought. That offence which cannot be done away with is an offence that is not stopped by any legal, question, by any possibility, by any deciding. Those which are slight offences are offences that are stopped by one legal question: … see Prv.11.1.9 … it may be by a verdict in the presence of and by a covering over (as) with grass.

Prv.11.1.11 Is a legal question concerning obligations an offence or not an offence? … see Prv.11.1.8 … One falls into five offences because of a legal question concerning obligations: if a nun who is an imitator of (a monk) who is suspended, though being admonished up to the third time, does not give up (her course), there is an offence of wrong-doing as a result of the motion, a grave offence as a result of two resolutions, at the end of the resolutions there is an offence involving Defeat[27]; if imitators of a schismatic,[28] though being admonished up to the third time, do not give up (their course), there is an offence entailing a Formal Meeting of the Order; if they do not give up pernicious views, though being admonished up to the third time, there is an offence of Expiation.[29] One falls into these five offences because of a legal question concerning obligations.

Of the four fallings away, to how many … by how many decidings are they stopped?

Vin.5.154 Of the four fallings away these offences … see Prv.11.1.9 … are comprised in five classes of offence: it may be in the class of offence involving Defeat; it may be in the class of offence BD.6.250 requiring a Formal Meeting of the Order; it may be in the class of offence that is grave; it may be in the class of offence of Expiation; it may be in the class of offence of wrong-doing. Of the six origins of offences they originate by one origin: they originate by body and speech and thought. That offence which cannot be done away with is an offence that is not stopped by any legal question, by any possibility, by any deciding. That which is a serious offence is an offence that is stopped by one legal question: the legal question arising out of obligations: by one possibility: in the midst of an Order; by two decidings: by a verdict in the presence of and by the carrying out on his acknowledgement. Those which are slight offences are offences that are stopped by one … see Prv.11.1.9 … and by a covering over (as) with grass.

Prv.11.1.12 A legal question concerning disputes is a legal question concerning censure, it is a legal question concerning offences, it is a legal question concerning obligations. A legal question concerning disputes is not a legal question concerning censure, it is not a legal question concerning offences, it is not a legal question concerning obligations. Yet because of a legal question concerning disputes there is a legal question concerning censure, there is a legal question concerning offences, there is a legal question concerning obligations. How is it like this? As to this, monks are quarrelling … see IV, 21 … a legal question concerning obligations. Thus because of a legal question concerning disputes there is a legal question concerning censure … concerning offences … concerning obligations.

A legal question concerning censure is a legal question concerning offences … obligations, it is a legal question concerning disputes. A legal question concerning censure is not a legal question concerning offences … disputes. How is it like this? As to this, monks are censuring a monk … see IV, 21 … a legal question concerning obligations. Thus because of a legal question concerning censure there is a legal question concerning offences … concerning obligations … concerning disputes.

A legal question concerning offences is a legal question concerning obligations … disputes, it is a legal question concerning censure. A legal question concerning offences is not a BD.6.251 legal question concerning obligations … censure. How is it like this? Both the five classes of offence … see IV, 21 … a legal question concerning obligations. Thus because of a legal question concerning offences there is a legal question concerning obligations … concerning disputes … concerning censure.

A legal question concerning obligations is a legal question concerning disputes … censure, it is a legal question concerning offences. A legal question concerning obligations is not … How is it like? Whatever is the Order’s business … see IV, 21 … a legal question concerning obligations. Thus because of a legal question concerning obligations there is a legal question concerning disputes, there is a legal question concerning censure, there is a legal question concerning offences.

Prv.11.1.13 Where there is a verdict of innocence there is a verdict in the presence of, where there is a Vin.5.155 verdict in the presence of there is a verdict of innocence. Where there is a verdict of past insanity there is a verdict in the presence of, where there is a verdict in the presence of there is a verdict of past insanity. Where there is the carrying out on his acknowledgement … Where there is the decision of the majority … Where there is a decision for specific depravity … Where there is a covering over (as) with grass there is a verdict in the presence of, where there is a verdict in the presence of there is a covering over (as) with grass.

Prv.11.1.14 At a time when a legal question is settled by a verdict in the presence of and by a verdict of innocence: where there is a verdict of innocence there is a verdict in the presence of. Where there is a verdict in the presence of there is a verdict of innocence, there is not there a verdict of past insanity, there is not there a carrying out on his acknowledgement, there is not there a decision of the majority, there is not there a decision for specific depravity, there is not there a covering over (as) with grass.

At a time when a legal question is settled by a verdict in the presence of and by a verdict of past insanity … by a verdict in the presence of and by a covering over (as) with grass: where there is a covering over (as) with grass there is a verdict m the presence of. Where there is a verdict in the presence of BD.6.252 there is a covering over (as) with grass, there is not there verdict of innocence … there is not there a verdict for specific depravity.

Prv.11.1.15 “Verdict in the presence of” or “verdict of innocence”—are these things associated or dissociated, and is it possible having analysed these things again and again, to point to a difference between them? “Verdict in the presence of” or “verdict of past insanity” … “Verdict in the presence of” or “covering over (as) with grass”—are these associated or dissociated, and is it possible, having analysed these things again and again, to point to a difference between them?

“Verdict in the presence of” or “verdict of innocence”—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. “Verdict in the presence of” or “verdict of past insanity” … “Verdict in the presence of” or “covering over (as) with grass”—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.

Prv.11.1.16 What is the provenance, what the arising, what the birth, what the source, what the bringing forth, what the origin of a verdict in the presence of? What is the provenance … of a verdict of innocence … of a covering over (as) with grass?

A verdict in the presence of has provenance as provenance, provenance as arising, provenance as birth … source … bringing forth, provenance as origin. A verdict of innocence … a covering over (as) with grass has provenance as provenance, provenance as arising … provenance as origin.

Prv.11.1.17 Vin.5.156 What is the provenance … what the origin of a verdict in the presence of … a verdict of innocence … a covering over (as) with grass? A verdict in the presence of has cause as provenance … a covering over (as) with grass has cause as provenance … cause as origin.

Prv.11.1.18 What is the provenance … what the origin of a verdict in the presence of … a verdict of innocence … a covering over (as) with grass? A verdict in the presence of has condition as provenance … a covering over (as) with grass has condition as provenance … condition as origin.

Prv.11.1.19 BD.6.253 Of the seven decidings how many roots, how many origins? Of the seven decidings there are twenty-six roots, thirty-six origins.

What are the twenty-six roots of the seven decidings? Four roots of a verdict in the presence of: the presence of an Order, the presence of a rule, the presence of Discipline, the presence of the individual. Four roots of a verdict of innocence. Four roots of a verdict of past insanity. Two roots of carrying out on (his) acknowledgement: he who confesses and he to whom he confesses. Four roots of a decision of the majority. Four roots of a decision for specific depravity. Four roots of a covering over (as) with grass: the presence of an Order … the presence of the individual. These are the twenty-six roots of the seven decidings.

What are the thirty-six origins of the seven decidings? Of a verdict of innocence there is the carrying out of,[30] the performance of,[31] the undertaking of, the assenting to, the acceptance of, the non-protesting against the formal act.[32] Of a verdict of past insanity, of a carrying out on his acknowledgement, of a decision of the majority, of a decision for specific depravity, of a covering over (as) with grass there is the carrying out of … the non-protesting against the formal act. These are the thirty-six origins of the seven decidings.

Prv.11.1.20 “Verdict in the presence of” or “verdict of innocence”—are these things different in meaning and different in connotation, or are they one in meaning and different only in connotation? “Verdict in the presence of” or “verdict of past insanity” … “Verdict in the presence of” or “carrying out on his acknowledgement” … “Verdict in the presence of” or “covering over (as) with grass”—are these things different in meaning … or are they one in meaning and different only in connotation?

“Verdict in the presence of” or “verdict of innocence”—these things are different in meaning as well as different in connotation. “Verdict in the presence of” or “verdict of past insanity” … “Verdict in the presence of” or “a BD.6.254 covering over (as) with grass”—these things are different in meaning as well as different in connotation.

Prv.11.1.21 Vin.5.157 (Can there be) a dispute and a legal question concerning disputes, a dispute but no legal question, a legal question but no dispute, a legal question as well as a dispute? There may be … see Kd.14.14.12–15 … A legal question concerning obligations is a legal question as well as an obligation.

Concluded is the Synopsis of Legal Questions

Its Summary

Legal question, openings up, ways, and about an individual,
Provenance, cause, condition, root, and about origin, /
Offence, there is, and where, associated, and about provenance,
Cause, condition, roots, about origin, connotation,
“Is a dispute a legal question?”: this is in the Synopsis of Legal Questions.

Footnotes and references:

1.

See Kd.14 and Bu-Pc.63. Vin-a.866 refers to this Section of the Parivāra.

2.

anihata, translated at BD.3.5 as “settled”. It may mean considers laid down. “Settle” is needed in the next clause but one, vūpasanta.

4.

In the same vihāra. See Kd.14.14, Kd.14.16–18 for the first six cases.

5.

If a monk, not satisfied with the settlement in his own vihāra, is going to another vihāra.

6.

He may meet a monk who is an expert on discipline and settles it then and there.

7.

I.e. if he has decided to proceed with his journey.

12.

Each kind of opening up involves an offence of Expiation.

14.

chandadāyaka. On chanda, as consent, see BD.3.58, n.3; also BD.5.126.

15.

In addition, at Kd.14.14.32 the individual who accepts (a confession), paṭiggāhaka, also falls into an offence of Expiation.

16.

Six, beginning with the pair: anger, ill-will; then the three: greed, hatred, confusion; and the three: non-greed, etc.

17.

Add body and speech to the twelve in the preceding note.

18.

The six origins beginning with body.

19.

Cf. Vin.1.354, Vin.2.88. These aṭṭhārasa bhedakaravatthu are mentioned also at Atthasālinī 29.

23.

See Bu-Pc.2.

24.

This does not seem to agree with Prv.4.6.2 above.

26.

See above, Vin.5.83 for these four offences.

27.

Nuns’ Bi-Pj.7; see above, Vin.5.83.

28.

These are monks as at Vin.2.201. See too Bu-Ss.10. A nun is spoken of as an imitator of a schismatic at Vin.5.83.

30.

Vin-a.1359 says this is the motion.

31.

The motion having been finished with (set aside).

32.

Cf. Vin.2.97.

Like what you read? Consider supporting this website: