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...

The Five Divisions (First Division)

Prv.21.1.1 BD.6.359 Vin.5.220 Four formal acts: formal act for which leave should be asked, formal act at which a motion is put, formal act at which a motion is put and is followed by one resolution, formal act at which a motion is put and is followed by the resolution made three times.[1] In how many ways are these four formal acts invalid?[2]

In five ways are these four formal acts invalid: as to matter, or as to motion, or as to proclamation, or as to boundary, or as to assembly.

Prv.21.1.2 How are formal acts invalid as to matter? One carries out a formal act that should be carried out in the presence of not in the presence of: a formal act (carried out) not by rule is invalid as to matter. One carries out a formal act that should be carried out by a question asked in return[3] not by a question asked in return: a formal act (carried out) not by rule is invalid as to matter. One carries out a formal act that should be carried out on his acknowledgement not on his acknowledgement … to one who merits a verdict of innocence[4] he gives a verdict of past insanity … for one who merits a verdict of past insanity he carries out a formal act for a decision for specific depravity[5] … for one who merits a decision for specific depravity he carries out a formal act of censure[6] … for one who merits a formal act of censure he carries out a formal act of guidance[7] … for one who merits a formal act of guidance he carries out a formal act of banishment[8] … for one who BD.6.360 merits a formal act of banishment he carries out a formal act of reconciliation[9] … for one who merits a formal act of reconciliation he carries out a formal act of suspension[10] … to one who merits a formal act of suspension he gives probation one who merits probation he sends back to the beginning to one who merits being sent back to the beginning he gives mānatta … one who merits mānatta he rehabilitates … one who merits rehabilitation he ordains … he carries out Observance not on an Observance day … he invites not on an Invitation day: a formal act (carried out) not by rule is invalid as to matter. Thus are formal acts invalid as to matter.

Prv.21.1.3 How are formal acts invalid as to motion? In five ways are formal acts invalid as to motion: one does not touch on[11] the matter,[12] he does not touch on the Order,[13] he does not touch on the individual,[14] he does not touch on the motion,[15] or, later he sets aside the motion.[16] Formal acts as to motion are invalid in these five ways.

Prv.21.1.4 How are formal acts invalid as to proclamation? In five Vin.5.221 ways are formal acts invalid as to proclamation: one does not touch on the matter … on the Order … on the individual, he omits an announcement, or he announces at a wrong time.[17] Formal acts as to proclamation are invalid in these five ways.

Prv.21.1.5 How are formal acts invalid as to boundary?[18] In eleven ways are formal acts invalid as to boundary: one agrees on a BD.6.361 boundary that is very small,[19] he agrees on a boundary that is very extensive,[20] he agrees on a boundary whose mark is interrupted,[21] he agrees on a boundary in the shade, he agrees on “not a mark” as a boundary[22]; standing outside a boundary he agrees on a boundary[23]; he agrees on a boundary that is in a river[24]; he agrees on a boundary that is in the sea[25]; he agrees on a boundary that is in a natural lake[26]; he combines boundary with boundary[27]; he places boundary within boundary.[28] Formal acts as to boundary are invalid in these eleven ways.

Prv.21.1.6 How are formal acts invalid as to assembly? In twelve ways are formal acts invalid as to assembly: when a formal act is being carried out by an incomplete fourfold assembly,[29] if as many monks as are entitled to take part in the formal act are not come, if the leave of absence of those fit to declare their leave of absence is not sent, if those who are present protest[30]; when a formal act is being carried out by an incomplete fourfold assembly, if as many monks as are entitled to take part in the formal act are come, if the leave of absence of those fit to declare their leave of absence is not sent, if those who are present protest; when a formal act is being carried out by an incomplete fourfold assembly, if as many monks as are entitled to take part in the formal act are come, if the leave of absence BD.6.362 of those fit to declare their leave of absence is sent, if those who are present protest; when a formal act is being carried out by an incomplete fivefold assembly … tenfold assembly … twentyfold assembly, if as many monks as are entitled to take part in the formal act are come, if the leave of absence of those fit to declare their leave of absence is sent, if those who are present protest. Formal acts as to assembly are invalid in these twelve ways.

Prv.21.1.7 When a formal act is being carried out by an incomplete fourfold assembly four regular monks are entitled to take part in the formal act,[31] the remainder who are regular monks are fit to declare leave of absence.[32] He for whom the Order is carrying out the formal act is neither entitled to take part in the formal act nor is he fit to declare leave of absence, but he merits the formal act.

When a formal act is being carried out by an incomplete fivefold assembly five regular monks …

When a formal act is being carried out by an incomplete tenfold assembly ten regular monks …

When a formal act is being carried out by an incomplete twentyfold assembly twenty regular monks … but he merits the formal act.

Prv.21.1.8 Vin.5.222 Four formal acts: formal act for which leave should be asked, formal act at which a motion is put, formal act at which a motion is put and is followed by one resolution, formal act at which a motion is put and is followed by the resolution made three times. In how many ways are these four formal acts invalid? In five ways are these four formal acts invalid: as to matter, or as to motion, or as to proclamation, or as to boundary, or as to assembly.

Prv.21.1.9 How are formal acts invalid as to matter? One ordains a eunuch[33]: a formal act (carried out) not by rule is invalid as BD.6.363 to matter. One ordains one who is in communion by theft[34] … one who has gone over to (another) sect[35] … one ordains an animal[36] … one ordains a matricide[37] … a parricide[38] … a murderer of an arahant[39] … a seducer of a nun[40] … a schismatic[41] … a shedder of (a Tathāgata’s) blood[42] … a hermaphrodite[43] … one ordains a man who is less than twenty years of age[44]: a formal act (carried out) not by rule is invalid as to matter.

Prv.21.1.10 How are formal acts invalid as to motion … = Prv.21.1.3Prv.21.1.6 … Formal acts as to assembly are invalid in these twelve ways.

Prv.21.1.11 How many possibilities[45] does a formal act for which leave should be asked have access to … a formal act at which a motion is put … a formal act at which a motion is put and is followed by one resolution … How many possibilities does a formal act at which a motion is put and is followed by the resolution made three times have access to? A formal act for which leave should be asked has access to five possibilities; a formal act at which a motion is put has access to nine possibilities; a formal act at which a motion is put and is followed by one resolution has access to seven possibilities; a formal act at which a motion is put and is followed by a resolution made three times has access to seven possibilities.

Prv.21.1.12 Which are the five possibilities to which a formal act for which leave should be asked has access? Restoration,[46] being sent away,[47] close shaving,[48] the higher penalty,[49] a characteristic mark of the formal act is itself the fifth. These are the five possibilities to which a formal act for which leave should be asked has access.[50]

Which are the nine possibilities to which a formal, act at which a motion is put has access? Restoration,[51] being sent BD.6.364 away,[52] Observance, Invitation, agreement,[53] giving,[54] way of accepting,[55] rejection,[56] a characteristic mark of the formal act is itself the ninth.[57] These are the nine possibilities[58] to which a formal act at which a motion is put has access.

Which are the seven possibilities to which a formal act at which a motion is put and is followed by one resolution has access? Restoration,[59] being sent away,[60] agreement,[61] giving,[62] removal,[63] marking out,[64] a characteristic mark of the formal act is itself the seventh.[65] These are the seven possibilities to which a formal act at which a motion is put and is followed by one resolution has access.

BD.6.365 Which are the seven possibilities to which a formal act at which a motion is put and is followed by the resolution made three times has access? Restoration, being sent away,[66] agreement,[67] giving,[68] rebuke,[69] admonition,[70] a characteristic mark of the formal act is itself the seventh.[71] These are the seven possibilities to which a formal act at which a motion is put and is followed by the resolution made three times has access.

Prv.21.1.13 When a formal act is being carried out by an incomplete fourfold assembly four regular monks … = Prv.21.1.7Vin.5.223 by an incomplete fivefold assembly … by an incomplete tenfold assembly … by an incomplete twentyfold assembly … but he merits the formal act.

Concluded is the First Division: on Formal Acts

Footnotes and references:

1.

Cf. Vin.5.167.

2.

At Vin-a.1195 it is said this is explained in the Kammavagga of the Parivāra, while Vin-a.1395 says the four formal acts are spoken of in the Samathakkhandhaka (Kd.14) of which Vin-a.1191 forms the Commentary. See Kaṅkhāvitaraṇī 131ff. for this fourfold kamma.

3.

See Vin.5.164. Vin-a.1397 says this formal act should be carried out after one has questioned, reproved and made to remember.

4.

Vin-a.1397 instances Dabba the Mallian; see e.g. Bu-Ss.8.1.9. For this verdict see Vin.4.207.

5.

See Vin.4.207; also Kd.14.11 for the carrying out of this formal act against the monk Uvāḷa (called Upavāḷa at Vin-a.1397).

11.

parāmasati, to deal with, to take up.

12.

Vin-a.1397f. says this means one does not carry out a formal act of ordination and so on, does not deal with it, does not bring forward his name. Instead of saying “this Dhammarakkhita desires ordination from the reverend Buddharakkhita”, he says “one desires ordination from the reverend Buddharakkhita”.

13.

Vin-a.i.398: he does not say “Revered sirs, let the Order listen to me” but “Let the revered sirs listen to me”.

14.

Vin-a.i.398: He does not say “This Dhammarakkhita desires ordination through the reverend Buddharakkhita” but “this Dhammarakkhita desires ordination”.

15.

He does not carry out the formal acts properly according to whether there is a motion only, or a motion followed by one resolution or by three.

16.

He does not make every proclamation of a resolution.

17.

The proclamation first, afterwards he sets aside, ṭhapeti, the motion.

18.

On boundary, sīmā, see Kd.2.6–13. Fifteen kinds are given at Kaṅkhāvitaraṇī 59 and Kaṅkhāvitaraṇī 4f. gives the eleven invalid kinds as above. See also Sīmāvivādavinicchayakathā, edited by J. Minayeff, Journal of the Pali Text Society 1887.

19.

Cf. Vin.1.107.

21.

khaṇḍanimitta. Vin-a.1401 explains that the marks have not been completed. Monks should gradually walk round from east to south to west and to north, and at each quarter should proclaim the mark. They should then proceed to the eastern quarter again and proclaim the same mark as they proclaimed originally, and not a different one. Thus is the boundary completed or not-interrupted, akkhaṇḍa. If, however, they stop at the northern quarter without going on to the eastern one again, the boundary and its marks are interrupted.

22.

animitta: not all the marks having been agreed on by everyone Vin-a.1401.

23.

See Kd.2.24.

24.

A river, sea and natural lake may be taken as a boundary themselves, but not things that are in them, islands and rocks perhaps.

25.

A river, sea and natural lake may be taken as a boundary themselves, but not things that are in them, islands and rocks perhaps.

26.

A river, sea and natural lake may be taken as a boundary themselves, but not things that are in them, islands and rocks perhaps.

27.

Offence of wrong-doing at Kd.2.13.1.

28.

Similar offence at Kd.2.13.2.

29.

Complete assemblies or Orders of monks may be fourfold, fivefold, tenfold or twentyfold, each larger Order being able to carry out more formal acts than the smaller ones. In various ways each may be incomplete or choose an unallowable type of person to bring it up to the right number. See Kd.9.4.

30.

For this sentence see Kd.9.3.5.

31.

Vin-a.1402: in this incomplete assembly there must be four regular monks (to complete it), i.e. not those who have been suspended or sent away, but those of entire moral purity; without these that act cannot be carried out but their leave of absence or entire purity is not sent.

32.

Vin-a.1402: even if the remainder number about a thousand, if they belong to the same communion all are fit to declare leave of absence. Once they have given this and the entire purity (see Kd.2.3.3), then “Let them come or not”, the formal act still stands.

33.

See Kd.1.61.

45.

ṭhānāni, qualities, attributes.

46.

As at Vin.1.321f., but “being sent away” there precedes “restoration”. Vin-a.1402 says this is the right order, the other being for the connexion, siliṭṭhatā, of the words; and it adds that an example of this meaning of these two words is the expulsion and restoration of the novice Kaṇṭaka.

47.

As at Vin.1.321f., but “being sent away” there precedes “restoration”. Vin-a.1402 says this is the right order, the other being for the connexion, siliṭṭhatā, of the words; and it adds that an example of this meaning of these two words is the expulsion and restoration of the novice Kaṇṭaka.

48.

bhaṇḍakamma, see Kd.1.38.11, Kd.1.48.2.

49.

brahmadaṇḍa, Kd.21.1.12.

50.

For this paragraph see Kaṅkhāvitaraṇī 131.

51.

osāraṇā here seems to mean, according to Vin-a.1409, Kaṅkhāvitaraṇī 132, the formula, “Let him come” spoken for one who desires ordination.

52.

nissāraṇā, at Vin-a.1409, Kaṅkhāvitaraṇī 132 means that a monk is a speaker of Dhamma, but does not know the rules or their analysis. He does not reflect on the meaning, but pushes it out under the shadow of the appurtenances (or details or syllables, byañjana). If the venerable sirs see fit, having turned out, uṭṭhāpetvā (Cf. Dhp-a.iv.69) this monk, the rest of us could settle this legal question. His being sent away is due therefore to the decision taken at a referendum.

53.

sammuti as to a particular monk who shall present the monk so-and-so for his ordination and shall question him as to discipline and the stumbling-blocks to ordination; also required is the agreement of the monk who seeks ordination that he will answer the questions on discipline put to him by the monk so-and-so.

54.

This is the Order giving (or giving back) a robe forfeited to the Order that had had to be forfeited by the monk so-and-so.

55.

paṭiggaha. This is the way of accepting an offence that a monk had remembered and confessed and says he sees.

56.

paccukkaḍḍhanā; or postponement? Cf. paccukkaḍḍhitabbaṃ at Vin.2.99, “to be rejected”. paccukkaḍḍhanā, with reference to Vin.1.175 is explained at Kaṅkhāvitaraṇī 133 and, rather more fully at Vin-a.1410f., as “Let the venerable sirs who are residents listen to me; if it is pleasing to them we could carry out the Observance now, we could recite the Pātimokkha, we could invite on the next full-moon day”. Thus a rejection of the carrying out of Invitation is “rejection”.

57.

Here the mark appears to be in settling a legal question by the covering over (as) with grass.

58.

In all of them a motion is put before an Order.

59.

Vin-a.1411 and Kaṅkhāvitaraṇī refer this to the episode (see Kd.15.20.2–6) of the turning upside down and the setting upright of Vaḍḍha the Licchavi’s bowl.

60.

Vin-a.1411 and Kaṅkhāvitaraṇī refer this to the episode (see Kd.15.20.2–6) of the turning upside down and the setting upright of Vaḍḍha the Licchavi’s bowl.

61.

Agreement on a boundary (Kd.2.6.1). Only with the agreement of monks may a monk be away, separated from his three robes (Bu-NP.2); agreement on a rug (Bu-NP.14.2); and fourteen other agreements—see Kd.16.21, Vin-a.1411, Kaṅkhāvitaraṇī 133.

62.

Giving of kaṭhina robe-material (Kd.7.1.4); and the giving of the robes of a monk who has died (Kd.8.27).

63.

Referring to the removal of the kaṭhina (privileges).

64.

Referring to Bu-Ss.6 and Bu-Ss.7, where there has to be the marking out, desanā, of the site for a hut and for a vihāra.

65.

Where there is a covering over (as) with grass, that one on the one side and one on the other side are called two proclamations of a motion that is followed by one resolution, Vin-a.1411; Cf. Kaṅkhāvitaraṇī 133.

66.

Referring to the seven formal acts beginning with that of censure. When these are revoked restoration can be spoken of.

67.

On the exhorter of nuns.

68.

Giving, or imposing probation and mānatta.

69.

niggaha; this is sending back to the beginning.

70.

Referring to eleven admonitions up to the third time: Nuns’ Bi-Pj.7, Bu-Ss.10, Bu-Ss.11, Bu-Ss.12, Bu-Ss.13, Nuns’ Bi-Ss.10, Bi-Ss.11, Bi-Ss.12, Bi-Ss.13; Bu-Pc.68; Nuns’ Bi-Pc.36.

71.

Given as formal acts of ordination and rehabilitation.