The chapter on penalty procedures (PLI-TV-KD11)

Theravāda Collection on Monastic Law

The Small Division

The chapter on penalty procedures

1. The legal procedure of censure

Homage to the Buddha, the Perfected One, the fully Awakened One

At one time the Buddha was staying at Sāvatthī in the Jeta Grove, Anāthapiṇḍika’s Monastery.

At that time the monks Paṇḍuka and Lohitaka were quarrelsome, argumentative, and creators of legal issues in the Sangha. They went to other monks who were also quarrelsome, argumentative, and creators of legal issues in the Sangha, and said to them,

“Don’t let him beat you.

Argue back forcefully.

You’re wiser, more competent, more learned, and more capable than he.

Don’t be afraid of him.

We’ll take your side.”

Because of that, new quarrels started and existing quarrels became worse.

The monks of few desires complained and criticized them,

“How can the monks Paṇḍuka and Lohitaka act like this?”

They told the Buddha.

Soon afterwards the Buddha had the Sangha gathered and questioned the monks:

“Is it true, monks, that the monks Paṇḍuka and Lohitaka are acting like this?”

“It’s true, sir.”

The Buddha rebuked them,

“It’s not suitable for those foolish men, it’s not proper, it’s not worthy of a monastic, it’s not allowable, it’s not to be done.

How can they act like this,

causing new quarrels to start and existing quarrels to become worse?

This will affect people’s confidence,

and cause some to lose it.”

The Buddha then spoke in many ways in dispraise of being difficult to support and maintain, in dispraise of great desires, discontent, socializing, and laziness; but he spoke in many ways in praise of being easy to support and maintain, of fewness of wishes, contentment, self-effacement, ascetic practices, serenity, reduction in things, and being energetic. After giving a teaching on what is right and proper, he addressed the monks:

“Well then, monks, the Sangha should do a legal procedure of censure against the monks Paṇḍuka and Lohitaka.

And this is how it should be done.

First you should accuse the monks Paṇḍuka and Lohitaka. They should then be reminded of what they’ve done, before they’re charged with an offense. A competent and capable monk should then inform the Sangha:

‘Please, venerables, I ask the Sangha to listen.

These monks Paṇḍuka and Lohitaka are quarrelsome, argumentative, and creators of legal issues in the Sangha. They go to other monks who are also quarrelsome, argumentative, and creators of legal issues in the Sangha, and they say to them,

“Don’t let him beat you.

Argue back forcefully.

You’re wiser, more competent, more learned, and more capable than he.

Don’t be afraid of him.

We’ll take your side.”

Because of this, new quarrels start and existing quarrels become worse.

If the Sangha is ready, it should do a legal procedure of censure against the monks Paṇḍuka and Lohitaka.

This is the motion.

Please, venerables, I ask the Sangha to listen.

These monks Paṇḍuka and Lohitaka are quarrelsome, argumentative,

and creators of legal issues in the Sangha.

They go to other monks who are also quarrelsome, argumentative, and creators of legal issues in the Sangha, and they say to them,

“Don’t let him beat you.

Argue back forcefully.

You’re wiser, more competent, more learned, and more capable than he.

Don’t be afraid of him.

We’ll take your side.”

Because of this, new quarrels start and existing quarrels become worse.

The Sangha does a legal procedure of censure against the monks Paṇḍuka and Lohitaka.

Any monk who approves of doing a legal procedure of censure against the monks Paṇḍuka and Lohitaka should remain silent.

Any monk who doesn’t approve should speak up.

For the second time, I speak on this matter.

Please, venerables, I ask the Sangha to listen.

These monks Paṇḍuka and Lohitaka are quarrelsome, argumentative,

and creators of legal issues in the Sangha.

They go to other monks who are also quarrelsome, argumentative, and creators of legal issues in the Sangha, and they say to them,

“Don’t let him beat you.

Argue back forcefully.

You’re wiser, more competent, more learned, and more capable than he.

Don’t be afraid of him.

We’ll take your side.”

Because of this, new quarrels start and existing quarrels become worse.

The Sangha does a legal procedure of censure against the monks Paṇḍuka and Lohitaka.

Any monk who approves of doing a legal procedure of censure against the monks Paṇḍuka and Lohitaka should remain silent.

Any monk who doesn’t approve should speak up.

For the third time, I speak on this matter.

Please, venerables, I ask the Sangha to listen.

These monks Paṇḍuka and Lohitaka are quarrelsome, argumentative,

and creators of legal issues in the Sangha.

They go to other monks who are also quarrelsome, argumentative, and creators of legal issues in the Sangha, and they say to them,

“Don’t let him beat you.

Argue back forcefully.

You’re wiser, more competent, more learned, and more capable than he.

Don’t be afraid of him.

We’ll take your side.”

Because of this, new quarrels start and existing quarrels become worse.

The Sangha does a legal procedure of censure against the monks Paṇḍuka and Lohitaka.

Any monk who approves of doing a legal procedure of censure against the monks Paṇḍuka and Lohitaka should remain silent.

Any monk who doesn’t approve should speak up.

The Sangha has done the legal procedure of censure against the monks Paṇḍuka and Lohitaka.

The Sangha approves and is therefore silent. I will remember it thus.’”

The group of twelve on illegitimate legal procedures

“When a legal procedure of censure has three qualities, it’s illegitimate, contrary to the Monastic Law, and improperly disposed of:

it’s done in the absence of the accused, it’s done without questioning the accused, it’s done without the admission of the accused.

When a procedure of censure has another three qualities, it’s also illegitimate, contrary to the Monastic Law, and improperly disposed of:

it’s done against one who hasn’t committed any offense, it’s done against one who’s committed an offense that isn’t clearable by confession, it’s done against one who’s confessed their offense.¹

When a procedure of censure has another three qualities, it’s also illegitimate, contrary to the Monastic Law, and improperly disposed of:

it’s done without having accused the person of their offense, it’s done without having reminded the person of their offense, it’s done without having charged the person with their offense.

“When a procedure of censure has another three qualities, it’s also illegitimate, contrary to the Monastic Law, and improperly disposed of:

it’s done in the absence of the accused, it’s done illegitimately, it’s done by an incomplete assembly.

When a procedure of censure has another three qualities, it’s also illegitimate, contrary to the Monastic Law, and improperly disposed of:

it’s done without questioning the accused, it’s done illegitimately, it’s done by an incomplete assembly.

When a procedure of censure has another three qualities, it’s also illegitimate, contrary to the Monastic Law, and improperly disposed of:

it’s done without the admission of the accused, it’s done illegitimately, it’s done by an incomplete assembly.

“When a procedure of censure has another three qualities, it’s also illegitimate, contrary to the Monastic Law, and improperly disposed of:

it’s done against one who hasn’t committed any offense, it’s done illegitimately, it’s done by an incomplete assembly.

When a procedure of censure has another three qualities, it’s also illegitimate, contrary to the Monastic Law, and improperly disposed of:

it’s done against one who’s committed an offense that isn’t clearable by confession, it’s done illegitimately, it’s done by an incomplete assembly.

When a procedure of censure has another three qualities, it’s also illegitimate, contrary to the Monastic Law, and improperly disposed of:

it’s done against one who’s confessed their offense, it’s done illegitimately, it’s done by an incomplete assembly.

“When a procedure of censure has another three qualities, it’s also illegitimate, contrary to the Monastic Law, and improperly disposed of:

it’s done without having accused the person of their offense, it’s done illegitimately, it’s done by an incomplete assembly.

When a procedure of censure has another three qualities, it’s also illegitimate, contrary to the Monastic Law, and improperly disposed of:

it’s done without having reminded the person of their offense, it’s done illegitimately, it’s done by an incomplete assembly.

When a procedure of censure has another three qualities, it’s also illegitimate, contrary to the Monastic Law, and improperly disposed of:

it’s done without having charged the person with their offense, it’s done illegitimately, it’s done by an incomplete assembly.”

The group of twelve on illegitimate legal procedures is finished.

The group of twelve on legitimate legal procedures

“When a legal procedure of censure has three qualities, it’s legitimate, in accordance with the Monastic Law, and properly disposed of:

it’s done in the presence of the accused, it’s done with the questioning of the accused, it’s done with the admission of the accused.

When a procedure of censure has another three qualities, it’s also legitimate, in accordance with the Monastic Law, and properly disposed of:

it’s done against one who’s committed an offense, it’s done against one who’s committed an offense that’s clearable by confession, it’s done against one who hasn’t confessed their offense.

When a procedure of censure has another three qualities, it’s also legitimate, in accordance with the Monastic Law, and properly disposed of:

it’s done after accusing the person of their offense, it’s done after reminding the person of their offense, it’s done after charging the person with their offense.

“When a procedure of censure has another three qualities, it’s also legitimate, in accordance with the Monastic Law, and properly disposed of:

it’s done in the presence of the accused, it’s done legitimately, it’s done by a unanimous assembly.

When a procedure of censure has another three qualities, it’s also legitimate, in accordance with the Monastic Law, and properly disposed of:

it’s done with the questioning of the accused, it’s done legitimately, it’s done by a unanimous assembly.

When a procedure of censure has another three qualities, it’s also legitimate, in accordance with the Monastic Law, and properly disposed of:

it’s done with the admission of the accused, it’s done legitimately, it’s done by a unanimous assembly.

“When a procedure of censure has another three qualities, it’s also legitimate, in accordance with the Monastic Law, and properly disposed of:

it’s done against one who’s committed an offense, it’s done legitimately, it’s done by a unanimous assembly.

When a procedure of censure has another three qualities, it’s also legitimate, in accordance with the Monastic Law, and properly disposed of:

it’s done against one who’s committed an offense that’s clearable by confession, it’s done legitimately, it’s done by a unanimous assembly.

When a procedure of censure has another three qualities, it’s also legitimate, in accordance with the Monastic Law, and properly disposed of:

it’s done against one who hasn’t confessed their offense, it’s done legitimately, it’s done by a unanimous assembly.

“When a procedure of censure has another three qualities, it’s also legitimate, in accordance with the Monastic Law, and properly disposed of:

it’s done after accusing the person of their offense, it’s done legitimately, it’s done by a unanimous assembly.

When a procedure of censure has another three qualities, it’s also legitimate, in accordance with the Monastic Law, and properly disposed of:

it’s done after reminding the person of their offense, it’s done legitimately, it’s done by a unanimous assembly.

When a procedure of censure has another three qualities, it’s also legitimate, in accordance with the Monastic Law, and properly disposed of:

it’s done after charging the person with their offense, it’s done legitimately, it’s done by a unanimous assembly.”

The group of twelve on legitimate legal procedures is finished.

The group of six on wishing

“When a monk has three qualities, the Sangha may, if it wishes, do a legal procedure of censure against him:

he’s quarrelsome, argumentative, and a creator of legal issues in the Sangha;

he’s ignorant and incompetent, often committing offenses, and lacking in boundaries;²

he’s constantly and improperly socializing with householders.³

When a monk has another three qualities, the Sangha may, if it wishes, do a procedure of censure against him:

he has failed in the higher morality; he has failed in the higher conduct; he has failed in the higher view.

When a monk has another three qualities, the Sangha may, if it wishes, do a procedure of censure against him:

he disparages the Buddha; he disparages the Teaching; he disparages the Sangha.

The Sangha may, if it wishes, do a procedure of censure against three kinds of monks:

those who are quarrelsome, argumentative, and creators of legal issues in the Sangha;

those who are ignorant and incompetent, often committing offenses, and lacking in boundaries;

those who are constantly and improperly socializing with householders.

The Sangha may, if it wishes, do a procedure of censure against three other kinds of monks:

those who’ve failed in the higher morality; those who’ve failed in the higher conduct; those who’ve failed in the higher view.

The Sangha may, if it wishes, do a procedure of censure against three other kinds of monks:

those who disparage the Buddha; those who disparage the Teaching; those who disparage the Sangha.”

The group of six on wishing is finished.

The eighteen kinds of conduct

“A monk who’s had a legal procedure of censure done against him should conduct himself properly.

This is the proper conduct:

He shouldn’t give the full ordination.

He shouldn’t give formal support.⁴

He shouldn’t have a novice monk attend on him.

He shouldn’t accept being appointed as an instructor of the nuns.

Even if appointed, he shouldn’t instruct the nuns.

He shouldn’t commit the same offense as the offense for which the Sangha did the procedure of censure against him.

He shouldn’t commit an offense similar to the offense for which the Sangha did the procedure of censure against him.

He shouldn’t commit an offense worse than the offense for which the Sangha did the procedure of censure against him.

He shouldn’t criticize the procedure.

He shouldn’t criticize those who did the procedure.

He shouldn’t cancel the observance-day ceremony of a regular monk.

He shouldn’t cancel the invitation ceremony of a regular monk.

He shouldn’t direct a regular monk.⁵

He shouldn’t give instructions to a regular monk.⁶

He shouldn’t ask a regular monk for permission to correct him.⁷

He shouldn’t accuse a regular monk of an offense.

He shouldn’t remind a regular monk of an offense.

He shouldn’t associate inappropriately with other monks.”⁸

The eighteen kinds of conduct in regard to the legal procedure of censure are finished.

The group of eighteen on not to be lifted

When the Sangha had done a legal procedure of censure against the monks Paṇḍuka and Lohitaka,

they conducted themselves properly and suitably, and deserved to be released. They then went to the monks⁹

and told them about this, adding, “What should we do now?”

The monks told the Buddha …

“Well then, lift that legal procedure of censure against the monks Paṇḍuka and Lohitaka.

When a monk has five qualities, a legal procedure of censure against him shouldn’t be lifted:

he gives the full ordination; he gives formal support; he has a novice monk attend on him; he accepts being appointed as an instructor of the nuns; he instructs the nuns, whether appointed or not.

When a monk has another five qualities, a procedure of censure against him shouldn’t be lifted:

he commits the same offense as the offense for which the Sangha did the procedure of censure against him; he commits an offense similar to the one for which the Sangha did the procedure of censure against him; he commits an offense worse than the one for which the Sangha did the procedure of censure against him;

he criticizes the procedure; he criticizes those who did the procedure.

When a monk has eight qualities, a procedure of censure against him shouldn’t be lifted:

he cancels the observance-day ceremony of a regular monk; he cancels the invitation ceremony of a regular monk; he directs a regular monk; he gives instructions to a regular monk; he asks a regular monk for permission to correct him; he accuses a regular monk of an offense; he reminds a regular monk of an offense; he associates inappropriately with other monks.”

The group of eighteen on not to be lifted is finished.

The group of eighteen on to be lifted

“When a monk has five qualities, a legal procedure of censure against him should be lifted:

he doesn’t give the full ordination; he doesn’t give formal support; he doesn’t have a novice monk attend on him; he doesn’t accept being appointed as an instructor of the nuns; he doesn’t instruct the nuns, whether appointed or not.

When a monk has another five qualities, a procedure of censure against him should be lifted:

he doesn’t commit the same offense as the offense for which the Sangha did the procedure of censure against him; he doesn’t commit an offense similar to the one for which the Sangha did the procedure of censure against him; he doesn’t commit an offense worse than the one for which the Sangha did the procedure of censure against him;

he doesn’t criticize the procedure; he doesn’t criticize those who did the procedure.

When a monk has eight qualities, a procedure of censure against him should be lifted:

he doesn’t cancel the observance-day ceremony of a regular monk; he doesn’t cancel the invitation ceremony of a regular monk; he doesn’t direct a regular monk; he doesn’t give instructions to a regular monk; he doesn’t ask a regular monk for permission to correct him; he doesn’t accuse a regular monk of an offense; he doesn’t remind a regular monk of an offense; he doesn’t associate inappropriately with other monks.”

The group of eighteen on to be lifted is finished.

“And this is how it should be lifted.

After approaching the Sangha, the monks Paṇḍuka and Lohitaka should arrange their upper robes over one shoulder, pay respect at the feet of the senior monks, squat on their heels, raise their joined palms, and say,

‘Venerables, the Sangha has done a legal procedure of censure against us. We’re now conducting ourselves properly and suitably, and deserve to be released. We ask for that legal procedure of censure to be lifted.’

And they should ask a second

and a third time.

A competent and capable monk should then inform the Sangha:

‘Please, venerables, I ask the Sangha to listen.

The Sangha has done a legal procedure of censure against these monks Paṇḍuka and Lohitaka. They’re now conducting themselves properly and suitably, and deserve to be released. They’re asking for that legal procedure of censure to be lifted.

If the Sangha is ready, it should lift that legal procedure of censure against the monks Paṇḍuka and Lohitaka.

This is the motion.

Please, venerables, I ask the Sangha to listen.

The Sangha has done a legal procedure of censure against these monks Paṇḍuka and Lohitaka. They’re now conducting themselves properly and suitably, and deserve to be released. They’re asking for that legal procedure of censure to be lifted.

The Sangha lifts that legal procedure of censure against the monks Paṇḍuka and Lohitaka.

Any monk who approves of lifting that legal procedure of censure against the monks Paṇḍuka and Lohitaka should remain silent.

Any monk who doesn’t approve should speak up.

For the second time, I speak on this matter.

Please, venerables, I ask the Sangha to listen.

The Sangha has done a legal procedure of censure against these monks Paṇḍuka and Lohitaka. They’re now conducting themselves properly and suitably, and deserve to be released. They’re asking for that legal procedure of censure to be lifted.

The Sangha lifts that legal procedure of censure against the monks Paṇḍuka and Lohitaka.

Any monk who approves of lifting that legal procedure of censure against the monks Paṇḍuka and Lohitaka should remain silent.

Any monk who doesn’t approve should speak up.

For the third time, I speak on this matter.

Please, venerables, I ask the Sangha to listen.

The Sangha has done a legal procedure of censure against these monks Paṇḍuka and Lohitaka. They’re now conducting themselves properly and suitably, and deserve to be released. They’re asking for that legal procedure of censure to be lifted.

The Sangha lifts that legal procedure of censure against the monks Paṇḍuka and Lohitaka.

Any monk who approves of lifting that legal procedure of censure against the monks Paṇḍuka and Lohitaka should remain silent.

Any monk who doesn’t approve should speak up.

The Sangha has lifted that legal procedure of censure against the monks Paṇḍuka and Lohitaka.

The Sangha approves and is therefore silent. I will remember it thus.’”

The first section on the legal procedure of censure is finished.

2. The legal procedure of demotion

At that time Venerable Seyyasaka was ignorant and incompetent, often committing offenses, and lacking in boundaries.

And he was constantly and improperly socializing with householders.

In addition, the monks regularly gave him probation, sent him back to the beginning, gave him trial periods, and rehabilitated him.¹⁰

The monks of few desires complained and criticized him,

“How can Venerable Seyyasaka go on like this?”

They told the Buddha.

Soon afterwards the Buddha had the Sangha gathered and questioned the monks:

“Is it true, monks, that the monk Seyyasaka goes on like this?”

“It’s true, sir.”

The Buddha rebuked him,

“It’s not suitable for that foolish man, it’s not proper, it’s not worthy of a monastic, it’s not allowable, it’s not to be done.

How can he be ignorant and incompetent, often committing offenses, and lacking in boundaries?

How can he constantly and improperly socialize with householders?

And how can it be that the monks regularly give him probation, send him back to the beginning, give him trial periods, and rehabilitate him?

This will affect people’s confidence …”

After rebuking him …

the Buddha gave a teaching and addressed the monks:

“Well then, the Sangha should do a legal procedure of demotion against the monk Seyyasaka,¹¹

instructing him to live with formal support.

And this is how it should be done.

First you should accuse the monk Seyyasaka. He should then be reminded of what he has done, before he’s charged with an offense. A competent and capable monk should then inform the Sangha:

‘Please, venerables, I ask the Sangha to listen.

This monk Seyyasaka is ignorant and incompetent, often committing offenses, and lacking in boundaries.

He’s constantly and improperly socializing with householders.

In addition, the monks regularly give him probation, send him back to the beginning, give him the trial period, and rehabilitate him.

If the Sangha is ready, it should do a legal procedure of demotion against the monk Seyyasaka,

instructing him to live with formal support.

This is the motion.

Please, venerables, I ask the Sangha to listen.

This monk Seyyasaka is ignorant and incompetent, often committing offenses, and lacking in boundaries.

He’s constantly and improperly socializing with householders.

In addition, the monks regularly give him probation, send him back to the beginning, give him the trial period, and rehabilitate him.

The Sangha does a legal procedure of demotion against the monk Seyyasaka,

instructing him to live with formal support.

Any monk who approves of doing a legal procedure of demotion against the monk Seyyasaka, instructing him to live with formal support,

should remain silent.

Any monk who doesn’t approve should speak up.

For the second time, I speak on this matter. …

For the third time, I speak on this matter.

Please, venerables, I ask the Sangha to listen.

This monk Seyyasaka is ignorant and incompetent, often committing offenses, and lacking in boundaries.

He’s constantly and improperly socializing with householders.

In addition, the monks regularly give him probation, send him back to the beginning, give him the trial period, and rehabilitate him.

The Sangha does a legal procedure of demotion against the monk Seyyasaka,

instructing him to live with formal support.

Any monk who approves of doing a legal procedure of demotion against the monk Seyyasaka, instructing him to live with formal support,

should remain silent.

Any monk who doesn’t approve should speak up.

The Sangha has done the legal procedure of demotion against the monk Seyyasaka,

instructing him to live with formal support.

The Sangha approves and is therefore silent. I will remember it thus.’”

The group of twelve on illegitimate legal procedures

“When a legal procedure of demotion has three qualities, it’s illegitimate, contrary to the Monastic Law, and improperly disposed of:

it’s done in the absence of the accused, it’s done without questioning the accused, it’s done without the admission of the accused.

When a procedure of demotion has another three qualities, it’s also illegitimate, contrary to the Monastic Law, and improperly disposed of:

it’s done against one who hasn’t committed any offense, it’s done against one who’s committed an offense that isn’t clearable by confession, it’s done against one who’s confessed their offense.

When a procedure of demotion has another three qualities, it’s also illegitimate, contrary to the Monastic Law, and improperly disposed of:

it’s done without having accused the person of their offense, it’s done without having reminded the person of their offense, it’s done without having charged the person with their offense.

“When a procedure of demotion has another three qualities, it’s also illegitimate, contrary to the Monastic Law, and improperly disposed of:

it’s done in the absence of the accused, it’s done illegitimately, it’s done by an incomplete assembly.

When a procedure of demotion has another three qualities, it’s also illegitimate, contrary to the Monastic Law, and improperly disposed of:

it’s done without questioning the accused, it’s done illegitimately, it’s done by an incomplete assembly.

When a procedure of demotion has another three qualities, it’s also illegitimate, contrary to the Monastic Law, and improperly disposed of:

it’s done without the admission of the accused, it’s done illegitimately, it’s done by an incomplete assembly.

“When a procedure of demotion has another three qualities, it’s also illegitimate, contrary to the Monastic Law, and improperly disposed of:

it’s done against one who hasn’t committed any offense, it’s done illegitimately, it’s done by an incomplete assembly.

When a procedure of demotion has another three qualities, it’s also illegitimate, contrary to the Monastic Law, and improperly disposed of:

it’s done against one who’s committed an offense that isn’t clearable by confession, it’s done illegitimately, it’s done by an incomplete assembly.

When a procedure of demotion has another three qualities, it’s also illegitimate, contrary to the Monastic Law, and improperly disposed of:

it’s done against one who’s confessed their offense, it’s done illegitimately, it’s done by an incomplete assembly.

“When a procedure of demotion has another three qualities, it’s also illegitimate, contrary to the Monastic Law, and improperly disposed of:

it’s done without having accused the person of their offense, it’s done illegitimately, it’s done by an incomplete assembly.

When a procedure of demotion has another three qualities, it’s also illegitimate, contrary to the Monastic Law, and improperly disposed of:

it’s done without having reminded the person of their offense, it’s done illegitimately, it’s done by an incomplete assembly.

When a procedure of demotion has another three qualities, it’s also illegitimate, contrary to the Monastic Law, and improperly disposed of:

it’s done without having charged the person with their offense, it’s done illegitimately, it’s done by an incomplete assembly.”

The group of twelve on illegitimate legal procedures is finished.

The group of twelve on legitimate legal procedures

“When a legal procedure of demotion has three qualities, it’s legitimate, in accordance with the Monastic Law, and properly disposed of:

it’s done in the presence of the accused, it’s done with the questioning of the accused, it’s done with the admission of the accused.

When a procedure of demotion has another three qualities, it’s also legitimate, in accordance with the Monastic Law, and properly disposed of:

it’s done against one who’s committed an offense, it’s done against one who’s committed an offense that’s clearable by confession, it’s done against one who hasn’t confessed their offense.

When a procedure of demotion has another three qualities, it’s also legitimate, in accordance with the Monastic Law, and properly disposed of:

it’s done after accusing the person of their offense, it’s done after reminding the person of their offense, it’s done after charging the person with their offense.

“When a procedure of demotion has another three qualities, it’s also legitimate, in accordance with the Monastic Law, and properly disposed of:

it’s done in the presence of the accused, it’s done legitimately, it’s done by a unanimous assembly.

When a procedure of demotion has another three qualities, it’s also legitimate, in accordance with the Monastic Law, and properly disposed of:

it’s done with the questioning of the accused, it’s done legitimately, it’s done by a unanimous assembly.

When a procedure of demotion has another three qualities, it’s also legitimate, in accordance with the Monastic Law, and properly disposed of:

it’s done with the admission of the accused, it’s done legitimately, it’s done by a unanimous assembly.

“When a procedure of demotion has another three qualities, it’s also legitimate, in accordance with the Monastic Law, and properly disposed of:

it’s done against one who’s committed an offense, it’s done legitimately, it’s done by a unanimous assembly.

When a procedure of demotion has another three qualities, it’s also legitimate, in accordance with the Monastic Law, and properly disposed of:

it’s done against one who’s committed an offense that’s clearable by confession, it’s done legitimately, it’s done by a unanimous assembly.

When a procedure of demotion has another three qualities, it’s also legitimate, in accordance with the Monastic Law, and properly disposed of:

it’s done against one who hasn’t confessed their offense, it’s done legitimately, it’s done by a unanimous assembly.

“When a procedure of demotion has another three qualities, it’s also legitimate, in accordance with the Monastic Law, and properly disposed of:

it’s done after accusing the person of their offense, it’s done legitimately, it’s done by a unanimous assembly.

When a procedure of demotion has another three qualities, it’s also legitimate, in accordance with the Monastic Law, and properly disposed of:

it’s done after reminding the person of their offense, it’s done legitimately, it’s done by a unanimous assembly.

When a procedure of demotion has another three qualities, it’s also legitimate, in accordance with the Monastic Law, and properly disposed of:

it’s done after charging the person with their offense, it’s done legitimately, it’s done by a unanimous assembly.”

The group of twelve on legitimate legal procedures is finished.

The group of six on wishing

“When a monk has three qualities, the Sangha may, if it wishes, do a legal procedure of demotion against him:

he’s quarrelsome, argumentative, and a creator of legal issues in the Sangha;

he’s ignorant and incompetent, often committing offenses, and lacking in boundaries;

he’s constantly and improperly socializing with householders.

When a monk has another three qualities, the Sangha may, if it wishes, do a procedure of demotion against him:

he has failed in the higher morality; he has failed in the higher conduct; he has failed in the higher view.

When a monk has another three qualities, the Sangha may, if it wishes, do a procedure of demotion against him:

he disparages the Buddha; he disparages the Teaching; he disparages the Sangha.

The Sangha may, if it wishes, do a procedure of demotion against three kinds of monks:

those who are quarrelsome, argumentative, and creators of legal issues in the Sangha;

those who are ignorant and incompetent, often committing offenses, and lacking in boundaries;

those who are constantly and improperly socializing with householders.

The Sangha may, if it wishes, do a procedure of demotion against three other kinds of monks:

those who’ve failed in the higher morality; those who’ve failed in the higher conduct; those who’ve failed in the higher view.

The Sangha may, if it wishes, do a procedure of demotion against three other kinds of monks:

those who disparage the Buddha; those who disparage the Teaching; those who disparage the Sangha.”

The group of six on wishing is finished.

The eighteen kinds of conduct

“A monk who’s had a legal procedure of demotion done against him should conduct himself properly.

This is the proper conduct:

He shouldn’t give the full ordination.

He shouldn’t give formal support.

He shouldn’t have a novice monk attend on him.

He shouldn’t accept being appointed as an instructor of the nuns.

Even if appointed, he shouldn’t instruct the nuns.

He shouldn’t commit the same offense as the offense for which the Sangha did the procedure of demotion against him.

He shouldn’t commit an offense similar to the offense for which the Sangha did the procedure of demotion against him.

He shouldn’t commit an offense worse than the offense for which the Sangha did the procedure of demotion against him.

He shouldn’t criticize the procedure.

He shouldn’t criticize those who did the procedure.

He shouldn’t cancel the observance-day ceremony of a regular monk.

He shouldn’t cancel the invitation ceremony of a regular monk.

He shouldn’t direct a regular monk.

He shouldn’t give instructions to a regular monk.

He shouldn’t ask permission from a regular monk to correct him.

He shouldn’t accuse a regular monk of an offense.

He shouldn’t remind a regular monk of an offense.

He shouldn’t associate inappropriately with other monks.”

The eighteen kinds of conduct in regard to the legal procedure of demotion are finished.

Soon the Sangha did a legal procedure of demotion against the monk Seyyasaka,

instructing him to live with formal support.

Then, by associating with good friends, by having them recite, and by questioning them, he became learned and a master of the tradition; he became an expert on the Teaching, the Monastic Law, and the Key Terms; he became knowledgeable and competent, had a sense of conscience, and was afraid of wrongdoing and fond of the training.¹²

And he conducted himself properly and suitably, and deserved to be released. He then went to the monks

and told them about this,

adding, “What should I do now?”

The monks told the Buddha.

He had the monks gathered and said,

“Well then, lift that legal procedure of demotion against the monk Seyyasaka.”

The group of eighteen on not to be lifted

“When a monk has five qualities, a legal procedure of demotion against him shouldn’t be lifted:

he gives the full ordination; he gives formal support; he has a novice monk attend on him; he accepts being appointed as an instructor of the nuns; he instructs the nuns, whether appointed or not.

When a monk has another five qualities, a procedure of demotion against him shouldn’t be lifted:

he commits the same offense as the offense for which the Sangha did the procedure of demotion against him; he commits an offense similar to the one for which the Sangha did the procedure of demotion against him; he commits an offense worse than the one for which the Sangha did the procedure of demotion against him;

he criticizes the procedure; he criticizes those who did the procedure.

When a monk has eight qualities, a procedure of demotion against him shouldn’t be lifted:

he cancels the observance-day ceremony of a regular monk; he cancels the invitation ceremony of a regular monk; he directs a regular monk; he gives instructions to a regular monk; he asks a regular monk for permission to correct him; he accuses a regular monk of an offense; he reminds a regular monk of an offense; he associates inappropriately with other monks.”

The group of eighteen on not to be lifted is finished.

The group of eighteen on to be lifted

“When a monk has five qualities, a legal procedure of demotion against him should be lifted:

he doesn’t give the full ordination; he doesn’t give formal support; he doesn’t have a novice monk attend on him; he doesn’t accept being appointed as an instructor of the nuns; he doesn’t instruct the nuns, whether appointed or not.

When a monk has another five qualities, a procedure of demotion against him should be lifted:

he doesn’t commit the same offense as the offense for which the Sangha did the procedure of demotion against him; he doesn’t commit an offense similar to the one for which the Sangha did the procedure of demotion against him; he doesn’t commit an offense worse than the one for which the Sangha did the procedure of demotion against him;

he doesn’t criticize the procedure; he doesn’t criticize those who did the procedure.

When a monk has eight qualities, a procedure of demotion against him should be lifted:

he doesn’t cancel the observance-day ceremony of a regular monk; he doesn’t cancel the invitation ceremony of a regular monk; he doesn’t direct a regular monk; he doesn’t give instructions to a regular monk; he doesn’t ask a regular monk for permission to correct him; he doesn’t accuse a regular monk of an offense; he doesn’t remind a regular monk of an offense; he doesn’t associate inappropriately with other monks.”

The group of eighteen on to be lifted is finished.

“And this is how it should be lifted.

After approaching the Sangha, the monk Seyyasaka should arrange his upper robe over one shoulder, pay respect at the feet of the senior monks, squat on his heels, raise his joined palms, and say,

‘Venerables, the Sangha has done a legal procedure of demotion against me. I’m now conducting myself properly and suitably, and deserve to be released. I ask for that legal procedure of demotion to be lifted.’

And he should ask a second

and a third time.

A competent and capable monk should then inform the Sangha:

‘Please, venerables, I ask the Sangha to listen.

The Sangha has done a legal procedure of demotion against the monk Seyyasaka. He’s now conducting himself properly and suitably, and deserves to be released. He’s asking for that legal procedure of demotion to be lifted.

If the Sangha is ready, it should lift that legal procedure of demotion against the monk Seyyasaka.

This is the motion.

Please, venerables, I ask the Sangha to listen.

The Sangha has done a legal procedure of demotion against the monk Seyyasaka. He’s now conducting himself properly and suitably, and deserves to be released. He’s asking for that legal procedure of demotion to be lifted.

The Sangha lifts that legal procedure of demotion against the monk Seyyasaka.

Any monk who approves of lifting that legal procedure of demotion against the monk Seyyasaka should remain silent.

Any monk who doesn’t approve should speak up.

For the second time, I speak on this matter.

Please, venerables, I ask the Sangha to listen.

The Sangha has done a legal procedure of demotion against the monk Seyyasaka. He’s now conducting himself properly and suitably, and deserves to be released. He’s asking for that legal procedure of demotion to be lifted.

The Sangha lifts that legal procedure of demotion against the monk Seyyasaka.

Any monk who approves of lifting that legal procedure of demotion against the monk Seyyasaka should remain silent.

Any monk who doesn’t approve should speak up.

For the third time, I speak on this matter.

Please, venerables, I ask the Sangha to listen.

The Sangha has done a legal procedure of demotion against the monk Seyyasaka. He’s now conducting himself properly and suitably, and deserves to be released. He’s asking for that legal procedure of demotion to be lifted.

The Sangha lifts that legal procedure of demotion against the monk Seyyasaka.

Any monk who approves of lifting that legal procedure of demotion against the monk Seyyasaka should remain silent.

Any monk who doesn’t approve should speak up.

The Sangha has lifted that legal procedure of demotion against the monk Seyyasaka.

The Sangha approves and is therefore silent. I will remember it thus.’”

The second section on the legal procedure of demotion is finished.

3. The legal procedure of banishment

At one time the bad and shameless monks Assaji and Punabbasuka were staying at Kīṭāgiri.

They were misbehaving in many ways.

They planted flowering trees, watered and plucked them, and then tied the flowers together. They made the flowers into garlands, garlands with stalks on one side and garlands with stalks on both sides. They made flower arrangements, wreaths, ornaments for the head, ornaments for the ears, and ornaments for the chest. And they had others do the same.

They then took these things, or sent them, to the women, the daughters, the girls, the daughters-in-law, and the female slaves of respectable families.

They ate from the same plates as these women and drank from the same vessels. They sat on the same seats as them, and they lay down on the same beds, on the same sheets, under the same covers, and both on the same sheets and under the same covers. They ate at the wrong time, drank alcohol, and wore garlands, perfumes, and cosmetics. They danced, sang, played instruments, and performed.

While the women were dancing, singing, playing instruments, and performing, so would they.

They played various games: eight-row checkers, ten-row checkers, imaginary checkers, hopscotch, pick-up-sticks, board games, tipcat, painting with the hand, dice, leaf flutes, toy plows, somersaults, pinwheels, toy measures, toy carriages, toy bows, guessing from syllables, thought guessing, mimicking deformities.

They trained in elephant riding, in horsemanship, in carriage riding, in archery, in swordsmanship.

And they ran in front of elephants, horses, and carriages, and they ran backward and forward.

They whistled, clapped their hands, wrestled, and boxed.

They spread their outer robe on a stage and said to the dancing girls,

“Dance here, sister,”

and they made gestures of approval.

And they misbehaved in a variety of ways.

Just then a monk who had completed the rains residence in Kāsi was on his way to visit the Buddha at Sāvatthī when he arrived at Kīṭāgiri.

In the morning he robed up, took his bowl and robe, and entered Kīṭāgiri to collect almsfood. He was pleasing in his conduct: in going out and coming back, in looking ahead and looking aside, in bending and stretching his arms. His eyes were lowered, and he was perfect in deportment.

When people saw him, they said,

“Who’s this, acting like a moron and always frowning?

Who’s gonna give almsfood to him?

Almsfood should be given to our Venerables Assaji and Punabbasuka, for they’re gentle, congenial, pleasant to speak with, greeting one with a smile, welcoming, friendly, open, the first to speak.”

A certain lay follower saw that monk walking for alms in Kīṭāgiri.

He approached him, bowed, and said,

“Venerable, have you received any almsfood?”

“No, I haven’t.”

“Come, let’s go to my house.”

He took that monk to his house and gave him a meal.

He then said, “Where are you going, venerable?”

“I’m going to Sāvatthī to see the Buddha.”

“Well then, would you please pay respect at the Buddha’s feet in my name and say,

‘Sir, the monastery at Kīṭāgiri has been corrupted.

The bad and shameless monks Assaji and Punabbasuka are staying there.

And they’re misbehaving in many ways.

They plant flowering trees, water them …

And they misbehave in a variety of ways.

Those who previously had faith and confidence have now lost it,

and there’s no longer any support for the Sangha.

The good monks have left and the bad monks are staying on.

Sir, please send monks to stay at the monastery at Kīṭāgiri.’”

The monk agreed, got up, and set out for Sāvatthī.

When he eventually arrived, he went to the Buddha in Anāthapiṇḍika’s Monastery. He bowed to the Buddha and sat down.

Since it is the custom for Buddhas to greet newly-arrived monks,

the Buddha said to him,

“I hope you’re keeping well, monk, I hope you’re getting by?

I hope you’re not tired from traveling?

And where have you come from?”

“I’m keeping well, sir, I’m getting by.

I’m not tired from traveling.”

He then told the Buddha all that had happened at Kīṭāgiri,

adding, “That’s where I’ve come from, sir.”

Soon afterwards the Buddha had the Sangha gathered and questioned the monks:

“Is it true, monks, that the bad and shameless monks Assaji and Punabbasuka are staying at Kīṭāgiri and misbehaving in this way?

And is it true that those people who previously had faith and confidence have now lost it,

that there’s no longer any support for the Sangha,

and that the good monks have left and the bad monks are staying on?”

“It’s true, sir.”

The Buddha rebuked them,

“It’s not suitable …

How can those foolish men misbehave in this way?

This will affect people’s confidence …”

After rebuking them …

he gave a teaching and addressed Sāriputta and Moggallāna:

“Go to Kīṭāgiri and do a legal procedure of banishment from Kīṭāgiri against the monks Assaji and Punabbasuka. They’re your students.”

“Sir, how can we do a procedure of banishment against these monks? They’re temperamental and harsh.”

“Well then, take many monks.”

“Yes, sir.”

“And this is how it should be done.

First you should accuse the monks Assaji and Punabbasuka. They should then be reminded of what they’ve done, before they’re charged with an offense. A competent and capable monk should then inform the Sangha:

‘Please, venerables, I ask the Sangha to listen.

These monks, Assaji and Punabbasuka, are corrupters of families and badly behaved.

Their bad behavior has been seen and heard about,

and the families corrupted by them have been seen and heard about.

If the Sangha is ready, it should do a legal procedure of banishment from Kīṭāgiri against the monks Assaji and Punabbasuka,

prohibiting them from staying at Kīṭāgiri.

This is the motion.

Please, venerables, I ask the Sangha to listen.

These monks, Assaji and Punabbasuka, are corrupters of families and badly behaved.

Their bad behavior has been seen and heard about,

and the families corrupted by them are have been seen and heard about.

The Sangha does a legal procedure of banishment from Kīṭāgiri against the monks Assaji and Punabbasuka,

prohibiting them from staying at Kīṭāgiri.

Any monk who approves of doing a legal procedure of banishment from Kīṭāgiri against the monks Assaji and Punabbasuka, prohibiting them from staying at Kīṭāgiri, should remain silent.

Any monk who doesn’t approve should speak up.

For the second time, I speak on this matter. …

For the third time, I speak on this matter.

Please, venerables, I ask the Sangha to listen.

These monks, Assaji and Punabbasuka, are corrupters of families and badly behaved.

Their bad behavior has been seen and heard about,

and the families corrupted by them have been seen and heard about.

The Sangha does a legal procedure of banishment from Kīṭāgiri against the monks Assaji and Punabbasuka,

prohibiting them from staying at Kīṭāgiri.

Any monk who approves of doing a legal procedure of banishment from Kīṭāgiri against the monks Assaji and Punabbasuka, prohibiting them from staying at Kīṭāgiri, should remain silent.

Any monk who doesn’t approve should speak up.

The Sangha has done the legal procedure of banishment from Kīṭāgiri against the monks Assaji and Punabbasuka,

prohibiting them from staying at Kīṭāgiri.

The Sangha approves and is therefore silent. I will remember it thus.’”

The group of twelve on illegitimate legal procedures

“When a legal procedure of banishment has three qualities, it’s illegitimate, contrary to the Monastic Law, and improperly disposed of:

it’s done in the absence of the accused, it’s done without questioning the accused, it’s done without the admission of the accused.

When a procedure of banishment has another three qualities, it’s also illegitimate, contrary to the Monastic Law, and improperly disposed of:

it’s done against one who hasn’t committed any offense, it’s done against one who’s committed an offense that isn’t clearable by confession, it’s done against one who’s confessed their offense.

When a procedure of banishment has another three qualities, it’s also illegitimate, contrary to the Monastic Law, and improperly disposed of: it’s done without having accused the person of their offense, it’s done without having reminded the person of their offense, it’s done without having charged the person with their offense.

“When a procedure of banishment has another three qualities, it’s also illegitimate, contrary to the Monastic Law, and improperly disposed of: it’s done in the absence of the accused, it’s done illegitimately, it’s done by an incomplete assembly.

When a procedure of banishment has another three qualities, it’s also illegitimate, contrary to the Monastic Law, and improperly disposed of: it’s done without questioning the accused, it’s done illegitimately, it’s done by an incomplete assembly.

When a procedure of banishment has another three qualities, it’s also illegitimate, contrary to the Monastic Law, and improperly disposed of: it’s done without the admission of the accused, it’s done illegitimately, it’s done by an incomplete assembly.

“When a procedure of banishment has another three qualities, it’s also illegitimate, contrary to the Monastic Law, and improperly disposed of: it’s done against one who hasn’t committed any offense, it’s done illegitimately, it’s done by an incomplete assembly.

When a procedure of banishment has another three qualities, it’s also illegitimate, contrary to the Monastic Law, and improperly disposed of: it’s done against one who’s committed an offense that isn’t clearable by confession, it’s done illegitimately, it’s done by an incomplete assembly.

When a procedure of banishment has another three qualities, it’s also illegitimate, contrary to the Monastic Law, and improperly disposed of: it’s done against one who’s confessed their offense, it’s done illegitimately, it’s done by an incomplete assembly.

“When a procedure of banishment has another three qualities, it’s also illegitimate, contrary to the Monastic Law, and improperly disposed of: it’s done without having accused the person of their offense, it’s done illegitimately, it’s done by an incomplete assembly.

When a procedure of banishment has another three qualities, it’s also illegitimate, contrary to the Monastic Law, and improperly disposed of: it’s done without having reminded the person of their offense, it’s done illegitimately, it’s done by an incomplete assembly.

When a procedure of banishment has another three qualities, it’s also illegitimate, contrary to the Monastic Law, and improperly disposed of: it’s done without having charged the person with their offense, it’s done illegitimately, it’s done by an incomplete assembly.”

The group of twelve on illegitimate legal procedures is finished.