The chapter on the settling of legal issues (PLI-TV-KD14)

Definitions

“Monks, there are four kinds of legal issues: legal issues arising from disputes; legal issues arising from accusations; legal issues arising from offenses; legal issues arising from business.

What’s a legal issue arising from a dispute?

It may be that monks are disputing, saying,

‘This is the Teaching’, ‘This is contrary to the Teaching’, ‘This is the Monastic Law’, ‘This is contrary to the Monastic Law’, ‘This was spoken by the Buddha’, ‘This wasn’t spoken by the Buddha’, ‘This was practiced by the Buddha’, ‘This wasn’t practiced by the Buddha’, ‘This was laid down by the Buddha’, ‘This wasn’t laid down by the Buddha’, ‘This is an offense’, ‘This isn’t an offense’, ‘This is a light offense’, ‘This is a heavy offense’, ‘This is a curable offense’, ‘This is an incurable offense’, ‘This is a grave offense’, or ‘This is a minor offense.’

In regard to this, whatever there is of quarreling, arguing, conflict, disputing, variety in opinion, difference in opinion, heated speech, or strife—

this is called a legal issue arising from a dispute.

What’s a legal issue arising from an accusation?

It may be that monks accuse a monk of failure in morality, failure in conduct, failure in view, or failure in livelihood.

In regard to this, whatever there is of accusations, accusing, allegations, blame, taking sides because of friendship, taking part in the accusation, or supporting the accusation—

this is called a legal issue arising from an accusation.

What’s a legal issue arising from an offense?

There are legal issues arising from offenses because of the five classes of offenses, and there are legal issues arising from offenses because of the seven classes of offenses—

these are called legal issues arising from offenses.

What’s a legal issue arising from business?

Whatever is the duty or the business of the Sangha—a legal procedure consisting of getting permission, a legal procedure consisting of one motion, a legal procedure consisting of one motion and one announcement, a legal procedure consisting of one motion and three announcements—

this is called a legal issue arising from business.”

The roots of legal issues arising from disputes

“What’s the root of legal issues arising from disputes?

There are six roots of disputes that in turn are the root of legal issues arising from disputes.

There are also three unwholesome and three wholesome roots of legal issues arising from disputes.

What are the six roots of disputes that in turn are the root of legal issues arising from disputes?

It may be that a monk is angry and resentful.

One who’s angry and resentful is disrespectful and undeferential toward the Teacher, the Teaching, and the Sangha, and he doesn’t fulfill the training.

Such a person

creates disputes in the Sangha.

Disputes are unbeneficial and a cause of unhappiness for humanity; they’re harmful, detrimental, and a cause of suffering for gods and humans.

Monks, when you see such a root of disputes either in yourself or in others, you should make an effort to get rid of it.

If you don’t see such a root either in yourself or in others, you should practice so that it doesn’t emerge in the future.

In this way that bad root of disputes is abandoned

and doesn’t emerge in the future.

Or it may be that a monk is denigrating and domineering,

envious and stingy, treacherous and deceitful, one who has bad desires and wrong views, or one who obstinately grasps his own views and only gives them up with difficulty.

Such a monk is disrespectful and undeferential toward the Teacher, the Teaching, and the Sangha, and he doesn’t fulfill the training.

Such a person

creates disputes in the Sangha.

Disputes are unbeneficial and a cause of unhappiness for humanity; they’re harmful, detrimental, and a cause of suffering for gods and humans.

Monks, when you see such a root of disputes either in yourself or in others, you should make an effort to get rid of it.

If you don’t see such a root either in yourself or in others, you should practice so that it doesn’t emerge in the future.

In this way that bad root of disputes is abandoned

and doesn’t emerge in the future.

What are the three unwholesome roots of legal issues arising from disputes?

It may be that monks dispute with a mind of greed, ill will, or delusion, saying,

‘This is the Teaching’, ‘This is contrary to the Teaching’, ‘This is the Monastic Law’, ‘This is contrary to the Monastic Law’, ‘This was spoken by the Buddha’, ‘This wasn’t spoken by the Buddha’, ‘This was practiced by the Buddha’, ‘This wasn’t practiced by the Buddha’, ‘This was laid down by the Buddha’, ‘This wasn’t laid down by the Buddha’, ‘This is an offense’, ‘This isn’t an offense’, ‘This is a light offense’, ‘This is a heavy offense’, ‘This is a curable offense’, ‘This is an incurable offense’, ‘This is a grave offense’, or ‘This is a minor offense.’

What are the three wholesome roots of legal issues arising from disputes?

It may be that monks dispute with a mind free from greed, ill will, and delusion, saying,

‘This is the Teaching’, ‘This is contrary to the Teaching’ …

‘This is a grave offense’, or ‘This is a minor offense.’”

The roots of legal issues arising from accusations

“What’s the root of legal issues arising from accusations?

There are six roots of accusations that in turn are the root of legal issues arising from accusations.

There are also three unwholesome and three wholesome roots of legal issues arising from accusations. The body, too, is a root of legal issues arising from accusations, as is speech.

What are the six roots of accusations that in turn are the root of legal issues arising from accusations?

It may be that a monk is angry and resentful.

One who’s angry and resentful is disrespectful and undeferential toward the Teacher, the Teaching, and the Sangha, and he doesn’t fulfill the training.

Such a person

makes accusations in the Sangha.

Accusations are unbeneficial and a cause of unhappiness for humanity; they’re harmful, detrimental, and a cause of suffering for gods and humans.

Monks, when you see such a root of accusations either in yourself or in others, you should make an effort to get rid of it.

If you don’t see such a root either in yourself or in others, you should practice so that it doesn’t emerge in the future.

In this way that bad root of accusations is abandoned

and doesn’t emerge in the future.

Or it may be that a monk is denigrating and domineering,

envious and stingy, treacherous and deceitful, one who has bad desires and wrong views, or one who obstinately grasps his own views and only gives them up with difficulty.

Such a monk is disrespectful and undeferential toward the Teacher, the Teaching, and the Sangha, and he doesn’t fulfill the training.

Such a person

makes accusations in the Sangha.

Accusations are unbeneficial and a cause of unhappiness for humanity; they’re harmful, detrimental, and a cause of suffering for gods and humans.

Monks, when you see such a root of accusations either in yourself or in others, you should make an effort to get rid of it.

If you don’t see such a root either in yourself or in others, you should practice so that it doesn’t emerge in the future.

In this way that bad root of accusations is abandoned

and doesn’t emerge in the future.

What are the three unwholesome roots of legal issues arising from accusations?

It may be that monks, because of greed, ill will, or delusion, accuse a monk of

failure in morality, conduct, view, or livelihood.

What are the three wholesome roots of legal issues arising from accusations?

It may be that monks, because of non-greed, non-ill will, and non-delusion, accuse a monk of

failure in morality, conduct, view, or livelihood.

How’s the body a root of legal issues arising from accusations?

It may be that someone is ugly, unsightly, a dwarf, sickly, blind in one eye, crooked-limbed, lame, or paralyzed, and they blame him for that.

How’s speech a root of legal issues arising from accusations?

It may be that someone is difficult to correct, or he stutters or dribbles while speaking, and they blame him for that.”

The roots of legal issues arising from offenses and business

“What’s the root of legal issues arising from offenses?

There are six originations of offenses that in turn are the root of legal issues arising from offenses.

There are offenses that originate from body, but not from speech or mind.

There are offenses that originate from speech, but not from body or mind.

There are offenses that originate from body and speech, but not from mind.

There are offenses that originate from body and mind, but not from speech.

There are offenses that originate from speech and mind, but not from body.

There are offenses that originate from body, speech, and mind.

What’s the root of legal issues arising from business?

There’s one root of legal issues arising from business:

the Sangha.”

Ethical qualities of legal issues arising from disputes

“Is a legal issue arising from a dispute wholesome, unwholesome, or indeterminate?¹⁴

A legal issue arising from a dispute may be wholesome, unwholesome, or indeterminate.

What’s a wholesome legal issue arising from a dispute?

It may be that monks dispute with a wholesome mind, saying,

‘This is the Teaching’, ‘This is contrary to the Teaching’ …

‘This is a grave offense’, or ‘This is a minor offense.’

In regard to this, whatever there is of quarreling, arguing, conflict, disputing, variety in opinion, difference in opinion, heated speech, or strife—

this is called a wholesome legal issue arising from a dispute.

What’s an unwholesome legal issue arising from a dispute?

It may be that monks dispute with an unwholesome mind, saying,

‘This is the Teaching’, ‘This is contrary to the Teaching’ …

‘This is a grave offense’, or ‘This is a minor offense.’

In regard to this, whatever there is of quarreling, arguing, conflict, disputing, variety in opinion, difference in opinion, heated speech, or strife—

this is called an unwholesome legal issue arising from a dispute.

What’s an indeterminate legal issue arising from a dispute?

It may be that monks dispute with an indeterminate mind, saying,

‘This is the Teaching’, ‘This is contrary to the Teaching’ …

‘This is a grave offense’, or ‘This is a minor offense.’

In regard to this, whatever there is of quarreling, arguing, conflict, disputing, variety in opinion, difference in opinion, heated speech, or strife—

this is called an indeterminate legal issue arising from a dispute.”

Ethical qualities of legal issues arising from accusations

“Is a legal issue arising from an accusation wholesome, unwholesome, or indeterminate?

A legal issue arising from an accusation may be wholesome, unwholesome, or indeterminate.

What’s a wholesome legal issue arising from an accusation?

It may be that monks with wholesome minds accuse a monk

of failure in morality, conduct, view, or livelihood.

In regard to this, whatever there is of accusations, accusing, allegations, blame, taking sides because of friendship, taking part in the accusation, or supporting the accusation—

this is called a wholesome legal issue arising from an accusation.

What’s an unwholesome legal issue arising from an accusation?

It may be that monks with unwholesome minds accuse a monk

of failure in morality, conduct, view, or livelihood.

In regard to this, whatever there is of accusations, accusing, allegations, blame, taking sides because of friendship, taking part in the accusation, or supporting the accusation—

this is called an unwholesome legal issue arising from an accusation.

What’s an indeterminate legal issue arising from an accusation?

It may be that monks with indeterminate minds accuse a monk

of failure in morality, conduct, view, or livelihood.

In regard to this, whatever there is of accusations, accusing, allegations, blame, taking sides because of friendship, taking part in the accusation, or supporting the accusation—

this is called an indeterminate legal issue arising from an accusation.”

“Is a legal issue arising from an offense wholesome, unwholesome, or indeterminate?

Ethical qualities of legal issues arising from offenses

A legal issue arising from an offense may be unwholesome or indeterminate.

There are no wholesome legal issues arising from an offense.

What’s an unwholesome legal issue arising from an offense?

When one transgresses, knowing, perceiving, having intended, having decided—

this is called an unwholesome legal issue arising from an offense.

What’s an indeterminate legal issue arising from an offense?

When one transgresses, not knowing, not perceiving, not having intended, not having decided—

this is called an indeterminate legal issue arising from an offense.”

Ethical qualities of legal issues arising from business

“Is a legal issue arising from business wholesome, unwholesome, or indeterminate?

A legal issue arising from business may be wholesome, unwholesome, or indeterminate.

What’s a wholesome legal issue arising from business?

When the Sangha does a legal procedure with a wholesome mind—

whether a procedure consisting of getting permission, a procedure consisting of one motion, a procedure consisting of one motion and one announcement, or a procedure consisting of one motion and three announcements—

this is called a wholesome legal issue arising from business.

What’s an unwholesome legal issue arising from business?

When the Sangha does a legal procedure with an unwholesome mind—

whether a procedure consisting of getting permission, a procedure consisting of one motion, a procedure consisting of one motion and one announcement, or a procedure consisting of one motion and three announcements—

this is called an unwholesome legal issue arising from business.

What’s an indeterminate legal issue arising from business?

When the Sangha does a legal procedure with an indeterminate mind—

whether a procedure consisting of getting permission, a procedure consisting of one motion, a procedure consisting of one motion and one announcement, or a procedure consisting of one motion and three announcements—

this is called an indeterminate legal issue arising from business.”

Relationship between disputes and legal issues

“Are there disputes that are also legal issues arising from disputes? Are there disputes that aren’t legal issues? Are there legal issues that aren’t disputes? Are there legal issues that are also disputes?

There are disputes that are also legal issues arising from disputes. There are disputes that aren’t legal issues. There are legal issues that aren’t disputes. There are legal issues that are also disputes.

How’s there a dispute that’s also a legal issue arising from disputes?

It may be that monks are disputing, saying,

‘This is the Teaching’, ‘This is contrary to the Teaching’ …

‘This is a grave offense’, or ‘This is a minor offense.’

In regard to this, whatever there is of quarreling, arguing, conflict, disputing, variety in opinion, difference in opinion, heated speech, or strife—

this is a dispute that’s also a legal issue arising from a dispute.

How’s there a dispute that isn’t a legal issue?

A mother disputes with her offspring; an offspring with their mother; a father with his offspring; an offspring with their father; a brother with his brother; a brother with his sister; a sister with her brother; a friend with their friend—

these are disputes that aren’t legal issues.

How’s there a legal issue that isn’t a dispute?

A legal issue arising from an accusation, a legal issue arising from an offense, a legal issue arising from business—

these are legal issues that aren’t disputes.

How’s there a legal issue that’s also a dispute?

A legal issue arising from a dispute is a legal issue and also a dispute.”

Relationship between accusations and legal issues

“Are there accusations that are also legal issues arising from accusations? Are there accusations that aren’t legal issues? Are there legal issues that aren’t accusations? Are there legal issues that are also accusations?

There are accusations that are also legal issues arising from accusations. There are accusations that aren’t legal issues. There are legal issues that aren’t accusations. There are legal issues that are also accusations.

How’s there an accusation that’s also a legal issue arising from an accusation?

It may be that monks accuse a monk

of failure in morality, conduct, view, or livelihood.

In regard to this, whatever there is of accusations, accusing, allegations, blame, taking sides because of friendship, taking part in the accusation, or supporting the accusation—

this is an accusation that’s also a legal issue arising from an accusation.

How’s there an accusation that isn’t a legal issue?

A mother accuses her offspring; an offspring their mother; a father his offspring; an offspring their father; a brother his brother; a brother his sister; a sister her brother; a friend their friend—

these are accusations that aren’t legal issues.

How’s there a legal issue that isn’t an accusation?

A legal issue arising from an offense, a legal issue arising from business, a legal issue arising from a dispute—

these are legal issues that aren’t accusations.

How’s there a legal issue that’s also an accusation?

A legal issue arising from an accusation is a legal issue and also an accusation.”

Relationship between offenses and legal issues

“Are there offenses that are also legal issues arising from offenses? Are there offenses that aren’t legal issues? Are there legal issues that aren’t offenses? Are there legal issues that are also offenses?

There are offenses that are also legal issues arising from offenses. There are offenses that aren’t legal issues. There are legal issues that aren’t offenses. There are legal issues that are also offenses.

How’s there an offense that’s also a legal issue arising from an offense?

There’s a legal issue arising from an offense because of the five classes of offenses, and there’s a legal issue arising from an offense because of the seven classes of offenses—

these are offenses that are also legal issues arising from offenses.

How’s there an offense that isn’t a legal issue?

The attainment of streamentry—

this is an offense/attainment that isn’t a legal issue.¹⁵

How’s there a legal issue that isn’t an offense?

A legal issue arising from business, a legal issue arising from a dispute, a legal issue arising from an accusation—

these are legal issues that aren’t offenses.

How’s there a legal issue that’s also an offense?

A legal issue arising from an offense is a legal issue and also an offense.”

Relationship between business and legal issues

“Is there business that’s also a legal issue arising from business? Is there business that isn’t a legal issue? Are there legal issues that aren’t business? Are there legal issues that are also business?

There’s business that’s also a legal issue arising from business. There’s business that’s not a legal issue. There are legal issues that aren’t business. There are legal issues that are also business.

How’s there business that’s also a legal issue arising from business?

Whatever is the duty or the business of the Sangha—a legal procedure consisting of getting permission, a legal procedure consisting of one motion, a legal procedure consisting of one motion and one announcement, a legal procedure consisting of one motion and three announcements—

this is business that’s also a legal issue arising from business.

How’s there business that isn’t a legal issue?

The duty to a teacher, the duty to a preceptor, the duty to a co-student, the duty to a co-pupil—

these kinds of business aren’t legal issues.

How’s there a legal issue that isn’t business?

A legal issue arising from a dispute, a legal issue arising from an accusation, a legal issue arising from an offense—

these are legal issues that aren’t business.

How’s there a legal issue that’s also business?

A legal issue arising from business is a legal issue and also business.”

9. The resolution and settling of legal issues

Resolution face-to-face

“There are two principles for settling a legal issue arising from a dispute:

resolution face-to-face and by majority decision.

Is it possible that a legal issue arising from a dispute should be settled not by majority decision,

but by resolution face-to-face?

It is.

How?

It may be, monks, that monks are disputing, saying,

‘This is the Teaching’, ‘This is contrary to the Teaching’, ‘This is the Monastic Law’, ‘This is contrary to the Monastic Law’, ‘This was spoken by the Buddha’, ‘This wasn’t spoken by the Buddha’, ‘This was practiced by the Buddha’, ‘This wasn’t practiced by the Buddha’, ‘This was laid down by the Buddha’, ‘This wasn’t laid down by the Buddha’, ‘This is an offense’, ‘This isn’t an offense’, ‘This is a light offense’, ‘This is a heavy offense’, ‘This is a curable offense’, ‘This is an incurable offense’, ‘This is a grave offense’, or ‘This is a minor offense.’

If those monks are able to resolve that legal issue, this is called the resolution of a legal issue.

It’s been resolved face-to-face.

Face-to-face with what?

Face-to-face with the Sangha, the Teaching, the Monastic Law, and the persons concerned.

This is the meaning of face-to-face with the Sangha:

the monks who should be present have arrived, consent has been brought for those who are eligible to give their consent, and no one present objects to the decision.

This is the meaning of face-to-face with the Teaching and the Monastic Law:

the Teaching, the Monastic Law, the Teacher’s instruction—that by which that legal issue is resolved.

This is the meaning of face-to-face with the persons concerned:

both sides—those who are disputing and those they’re disputing with—are present.

When a legal issue has been resolved like this, if any of the participants reopen it, they commit an offense entailing confession for the reopening.¹⁶

If anyone who gave their consent criticizes the resolution, they commit an offense entailing confession.¹⁷

If those monks are unable to resolve that legal issue in that monastery, they should go to another monastery that has a number of monks.

If they’re able to resolve that legal issue while on their way, this is called the resolution of a legal issue.

It’s been resolved face-to-face.

Face-to-face with what?

Face-to-face with the Sangha, the Teaching, the Monastic Law, and the persons concerned.

…

When a legal issue has been resolved like this, if any of the participants reopen it, they commit an offense entailing confession for the reopening.

If anyone who gave their consent criticizes the resolution, they commit an offense entailing confession.

If those monks are unable to resolve that legal issue while on their way, they should go to that other monastery and say to the resident monks,

‘This legal issue has come about in such-and-such a way.

Please resolve it, venerables, according to the Teaching, the Monastic Law, and the Teacher’s instruction, so that this legal issue may be properly disposed of.’

If the resident monks are senior to the newly-arrived monks, the resident monks should say,

‘Now, venerables, please go to one side for a moment while we discuss this matter.’

If the newly-arrived monks are senior to the resident monks, the resident monks should say,

‘Well then, venerables, please wait right here for a moment while we discuss this matter.’

If, while discussing that matter, the resident monks think,

‘We’re unable to resolve this legal issue according to the Teaching, the Monastic Law, and the Teacher’s instruction,’ then they shouldn’t take on that legal issue.

But if they think,

‘We’re able to resolve this legal issue according to the Teaching, the Monastic Law, and the Teacher’s instruction,’

then they should say to the newly-arrived monks,

‘If you’ll tell us how this legal issue came about, we’ll be able to dispose of it properly according to the Teaching, the Monastic Law, and the Teacher’s instruction.

And so we’ll take it on.

If, however, you won’t tell us, we won’t be able to properly dispose of it. And so we won’t take it on.’

Having properly examined it like this, the resident monks should take it on.

The newly-arrived monks should say this to the resident monks,

‘We’ll tell you how this legal issue came about.

If you’re able to dispose of it properly by such and such means—according to the Teaching, the Monastic Law, and the Teacher’s instruction—¹⁸

then we’ll hand it over to you.

If you’re unable to properly dispose of it by such and such means, then we won’t hand it over to you.

We’ll take responsibility for it ourselves.’

Having properly examined it like this, the newly-arrived monks should hand it over to the resident monks.

If those monks are able to resolve that legal issue, this is called the resolution of a legal issue.

It’s been resolved face-to-face.

Face-to-face with what?

Face-to-face with the Sangha, the Teaching, the Monastic Law, and the persons concerned. …

When a legal issue has been resolved like this, if any of the participants reopen it, they commit an offense entailing confession for the reopening.

If anyone who gave their consent criticizes the resolution, they commit an offense entailing confession.”

Resolution by committee

“If, monks, while they’re discussing that legal issue, there’s endless talk, but not a single statement that can be understood, then they should resolve that legal issue by means of a committee.

A monk who has ten qualities may be appointed to that committee:

He’s virtuous and restrained by the Monastic Code. His conduct is good, he associates with the right people, and he sees danger in minor faults. He undertakes and trains in the training rules.

He has learned much, and he retains and accumulates what he has learned. Those teachings that are good in the beginning, good in the middle, and good in the end, that have a true goal and are well articulated, and that set out the perfectly complete and pure spiritual life—he has learned many such teachings, retained them in mind, recited them verbally, mentally investigated them, and penetrated them well by view.

He has properly learned both Monastic Codes in detail; he has analyzed them well, thoroughly mastered them, and investigated them well, both in terms of the rules and their detailed exposition.

He is firmly committed to the Monastic Law.

He is capable of making both sides relax, of persuading them, of convincing them, of making them see, of reconciling them.

He is knowledgeable about the arising and resolution of legal issues.

He knows the legal issues.

He knows the origin of the legal issues.

He knows the ending of the legal issues.

He knows the way to the ending of the legal issues.

And he should be appointed like this.

First a monk should be asked, and then a competent and capable monk should inform the Sangha:

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

While we were discussing this legal issue, there was endless talk, but not a single statement that could be understood.

If the Sangha is ready, it should appoint monks so-and-so and so-and-so to a committee to resolve this legal issue.

This is the motion.

Please, venerables, I ask the Sangha to listen.

While we were discussing this legal issue, there was endless talk, but not a single statement that could be understood.

The Sangha appoints monks so-and-so and so-and-so to a committee to resolve this legal issue.

Any monk who approves of appointing monks so-and-so and so-and-so to a committee to resolve this legal issue should remain silent.

Any monk who doesn’t approve should speak up.

The Sangha has appointed monks so-and-so and so-and-so to a committee to resolve this legal issue.

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

If those monks are able to resolve that legal issue by means of a committee, this is called the resolution of a legal issue.

It’s been resolved face-to-face.

Face-to-face with what?

Face-to-face with the Sangha, the Teaching, the Monastic Law, and the persons concerned. This is the meaning of face-to-face with the Sangha: the monks who should be present have arrived, consent has been brought for those who are eligible to give their consent, and no one present objects to the decision. This is the meaning of face-to-face with the Teaching and the Monastic Law: the Teaching, the Monastic Law, the Teacher’s instruction—that by which that legal issue is resolved. This is the meaning of face-to-face with the persons concerned: both sides—those who are disputing and those they’re disputing with—are present.

When a legal issue has been resolved like this, if any of the participants reopen it, they commit an offense entailing confession for the reopening.

Dealing with obstructive monks

While those monks are discussing that legal issue, there may be a monk there who’s an expounder of the Teaching, but who doesn’t know the Monastic Code or its analysis. Not understanding the meaning, he obstructs it by obscuring it with the wording. A competent and capable monk should then inform the Sangha:

‘Please, venerables, I ask you to listen.

The monk so-and-so is an expounder of the Teaching,

but doesn’t know the Monastic Code or its analysis.

Not understanding the meaning, he obstructs it by obscuring it with the wording.

If the venerables are ready, we should ask monk so-and-so to leave, with the remainder of us resolving this legal issue.’

If, after that monk has left, those monks are able to resolve that legal issue, this is called the resolution of a legal issue.

It’s been resolved face-to-face.

Face-to-face with what?

Face-to-face with the Sangha, the Teaching, the Monastic Law, and the persons concerned. …

When a legal issue has been resolved like this, if any of the participants reopen it, they commit an offense entailing confession for the reopening.

While those monks are discussing that legal issue, there may be a monk there who’s an expounder of the Teaching. He knows the Monastic Code, but not its analysis. Not understanding the meaning, he obstructs it by obscuring it with the wording. A competent and capable monk should then inform the Sangha:

‘Please, venerables, I ask you to listen.

The monk so-and-so is an expounder of the Teaching.

He knows the Monastic Code, but not its analysis.

Not understanding the meaning, he obstructs it by obscuring it with the wording.

If the venerables are ready, we should ask monk so-and-so to leave, with the remainder of us resolving this legal issue.’

If, after that monk has left, those monks are able to resolve that legal issue, this is called the resolution of a legal issue.

It’s been resolved face-to-face.

Face-to-face with what?

Face-to-face with the Sangha, the Teaching, the Monastic Law, and the persons concerned. …

When a legal issue has been resolved like this, if any of the participants reopen it, they commit an offense entailing confession for the reopening.”

Resolution by majority decision

“If, monks, those monks are unable to resolve that legal issue by committee, they should hand it over to the Sangha, saying,

‘Venerables, we’re unable to resolve this legal issue by committee. Can the Sangha please resolve it.’

I allow such a legal issue to be resolved by majority decision.

A monk who has five qualities should be appointed as the manager of the vote:

he’s not biased by favoritism, ill will, confusion, or fear, and he knows who has and who hasn’t voted.¹⁹

And he should be appointed like this.

First a monk should be asked, and then a competent and capable monk should inform the Sangha:

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

If the Sangha is ready, it should appoint monk so-and-so as the manager of the vote.

This is the motion.

Please, venerables, I ask the Sangha to listen.

The Sangha appoints monk so-and-so as the manager of the vote.

Any monk who approves of appointing monk so-and-so as the manager of the vote should remain silent.

Any monk who doesn’t approve should speak up.

The Sangha has appointed monk so-and-so as the manager of the vote.

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

That monk should then distribute the ballots.

If the majority of monks vote in accordance with the Teaching, then that legal issue has been resolved.

This is called the resolution of a legal issue.

It’s been resolved face-to-face and by majority decision.

Face-to-face with what?

Face-to-face with the Sangha, the Teaching, the Monastic Law, and the persons concerned.

This is the meaning of face-to-face with the Sangha:

the monks who should be present have arrived, consent has been brought for those who are eligible to give their consent, and no one present objects to the decision.

This is the meaning of face-to-face with the Teaching and the Monastic Law:

the Teaching, the Monastic Law, the Teacher’s instruction—that by which that legal issue is resolved.

This is the meaning of face-to-face with the persons concerned:

both sides—those who are disputing and those they’re disputing with—are present.

This is the meaning of by majority decision:

the doing of, the performing of, the participation in, the consent to, the agreement to, the non-objection to that legal procedure of majority decision.

When a legal issue has been resolved like this, if any of the participants reopen it, they commit an offense entailing confession for the reopening.

If anyone who gave their consent criticizes the resolution, they commit an offense entailing confession.”

The three kinds of voting

At one time at Sāvatthī a legal issue had come about in this way.²⁰

But there were monks

who were dissatisfied with how the Sangha at Sāvatthī had resolved it.

They heard that in a certain monastery there was a number of senior monks who were learned and masters of the tradition; who were experts on the Teaching, the Monastic Law, and the Key Terms; who were knowledgeable and competent, had a sense of conscience, and were afraid of wrongdoing and fond of the training.

They thought, “If these senior monks resolve this legal issue—according to the Teaching, the Monastic Law, and the Teacher’s instruction—then it will be properly disposed of.”

They then went to that monastery and said to those senior monks,

“This legal issue has come about in this way.

Venerables, please resolve it—according to the Teaching, the Monastic Law, and the Teacher’s instruction—so that it will be properly disposed of.”

Those senior monks thought,

“This legal issue was properly disposed of by the Sangha at Sāvatthī,”

and they resolved it in the same way.

Those monks

were dissatisfied with how the Sangha at Sāvatthī had resolved that legal issue and also with how that number of senior monks had resolved it.

They then heard that in a certain monastery there were three senior monks …

two senior monks …

one senior monk who was learned and a master of the tradition; who was an expert on the Teaching, the Monastic Law, and the Key Terms; who was knowledgeable and competent, had a sense of conscience, and was afraid of wrongdoing and fond of the training.

They thought, “If this senior monk resolves this legal issue—according to the Teaching, the Monastic Law, and the Teacher’s instruction—then it will be properly disposed of.”

They then went to that monastery and said to that senior monk,

“This legal issue has come about in this way.

Venerable, please resolve it—according to the Teaching, the Monastic Law, and the Teacher’s instruction—so that it will be properly disposed of.”

That senior monk thought,

“This legal issue was properly disposed of by the Sangha at Sāvatthī, and likewise by that number of senior monks, by those three senior monks, and by those two senior monks,”

and he resolved it in the same way.

Since those monks were dissatisfied with how all of these had resolved that legal issue, they went to the Buddha and told him what had happened. … The Buddha said:

“Monks, this legal issue has been settled, laid to rest, and properly disposed of.

To persuade those monks, I allow three kinds of voting:

a secret ballot, whispering in the ear, and an open vote.

What’s a secret ballot?

The manager of the vote should make ballots of two different colors, go up to the monks one by one and say,

‘This is the ballot for those who hold this view, and this is the ballot for those who hold that view.

Take the one you like.’

When someone has taken a ballot, they should be told,

‘Don’t show it to anyone.’

If the manager knows that

those who speak contrary to the Teaching are in the majority, then the vote is invalid and to be postponed.

If he knows that

those who speak in accordance with the Teaching are in the majority, then the vote is valid and to be announced.

What’s voting by whispering in the ear?

The manager of the vote should inform the monks one by one by whispering in the ear,

‘This is the ballot for those who hold this view, and this is the ballot for those who hold that view.

Take the one you like.’

When someone has taken a ballot, they should be told,

‘Don’t tell anyone.’

If the manager knows that

those who speak contrary to the Teaching are in the majority, then the vote is invalid and to be postponed.

If he knows that

those who speak in accordance with the Teaching are in the majority, then the vote is valid and to be announced.

What’s an open vote?

If he knows that

those who speak in accordance with the Teaching are in the majority, the ballots should be distributed openly.”

Resolution through recollection

“There are four principles for settling a legal issue arising from an accusation:

resolution face-to-face, resolution through recollection, resolution because of past insanity, and by further penalty.

Is it possible that a legal issue arising from an accusation should be settled

not by resolution because of past insanity or by further penalty,

but

by resolution face-to-face and by resolution through recollection?

It is.

How?

It may be that monks are groundlessly charging a monk with failure in morality.

If that monk has great clarity of memory, he’s to be granted resolution through recollection.

And it should be granted like this.

That monk should approach the Sangha, 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, monks are groundlessly charging me with failure in morality.

Because of my great clarity of memory, I ask the Sangha for resolution through recollection.’

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.

Monks are groundlessly charging monk so-and-so with failure in morality.

Because of his great clarity of memory, he is asking the Sangha for resolution through recollection.

If the Sangha is ready, then, because of monk so-and-so’s great clarity of memory, the Sangha should grant him resolution through recollection.

This is the motion.

Please, venerables, I ask the Sangha to listen.

Monks are groundlessly charging monk so-and-so with failure in morality.

Because of his great clarity of memory, he is asking the Sangha for resolution through recollection.

Because of his great clarity of memory, the Sangha grants monk so-and-so resolution through recollection.

Any monk who approves, because of monk so-and-so’s great clarity of memory, of granting him resolution through recollection 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. …

Because of his great clarity of memory, the Sangha has granted monk so-and-so resolution through recollection.

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

This is called the resolution of a legal issue.

It’s been resolved by resolution face-to-face and by resolution through recollection.

Face-to-face with what?

Face-to-face with the Sangha, the Teaching, the Monastic Law, and the persons concerned. This is the meaning of face-to-face with the Sangha: the monks who should be present have arrived, consent has been brought for those who are eligible to give their consent, and no one present objects to the decision. This is the meaning of face-to-face with the Teaching and the Monastic Law: the Teaching, the Monastic Law, the Teacher’s instruction—that by which that legal issue is resolved.

This is the meaning of face-to-face with the persons concerned:

both those who are accusing and those who have been accused are present.

This is the meaning of resolution through recollection:

the doing of, the performing of, the participation in, the consent to, the agreement to, the non-objection to that legal procedure of resolution through recollection.

When a legal issue has been resolved like this, if any of the participants reopen it, they commit an offense entailing confession for the reopening.

If anyone who gave their consent criticizes the resolution, they commit an offense entailing confession.”

Resolution because of past insanity

“Is it possible that a legal issue arising from an accusation should be settled

not by resolution through recollection or by further penalty,

but

by resolution face-to-face and by resolution because of past insanity?

It is.

How?

It may be that a monk is insane and suffering from psychosis.

Because of that, he does and says many things unworthy of a monastic.

The monks accuse him of an offense, saying,

‘Venerable, do you remember committing such-and-such an offense?’

He replies,

‘I was insane and suffering from psychosis.

Because of that, I did and said many things unworthy of a monastic.

I don’t remember it.

I did it because I was insane.’

But they keep on accusing him

in the same way.

If he’s now sane, that monk should be granted resolution because of past insanity.

And it should be granted like this.

That monk should approach the Sangha, 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, I’ve been insane and suffering from psychosis.

Because of that, I did and said many things unworthy of a monastic.

The monks accused me of an offense, saying,

“Venerable, do you remember committing such-and-such an offense?”

I replied,

“I was insane and suffering from psychosis.

Because of that, I did and said many things unworthy of a monastic.

I don’t remember it.

I did it because I was insane.”

But they kept on accusing me

in the same way.

Because I’m now sane, I ask the Sangha for resolution because of past insanity.’

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 monk so-and-so has been insane and suffering from psychosis.

Because of that insanity and psychosis, he did and said many things unworthy of a monastic.

Because of that insanity and psychosis, the monks accused him of an offense, saying,

“Venerable, do you remember committing such-and-such an offense?”

He replied,

“I was insane and suffering from psychosis.

Because of that insanity and psychosis, I did and said many things unworthy of a monastic.

I don’t remember it.

I did it because I was insane.”

But even though he said this, they kept on accusing him,

“Venerable, do you remember committing such-and-such an offense?”

Because he is now sane, he is asking the Sangha for resolution because of past insanity.

If the Sangha is ready, then, because monk so-and-so is now sane, the Sangha should grant him resolution because of past insanity.

This is the motion.

Please, venerables, I ask the Sangha to listen.

The monk so-and-so has been insane and suffering from psychosis.

Because of that, he did and said many things unworthy of a monastic.

The monks accused him of an offense, saying,

“Venerable, do you remember committing such-and-such an offense?”

He replied,

“I was insane and suffering from psychosis.

Because of that, I did and said many things unworthy of a monastic.

I don’t remember it.

I did it because I was insane.”

But they kept on accusing him

in the same way.

Because he is now sane, he is asking the Sangha for resolution because of past insanity.

The Sangha grants monk so-and-so resolution because of past insanity.

Any monk who approves of granting monk so-and-so resolution because of past insanity 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. …

Because he is now sane, the Sangha has granted monk so-and-so resolution because of past insanity.

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

This is called the resolution of a legal issue.

It’s been resolved by resolution face-to-face and by resolution because of past insanity.

Face-to-face with what?

Face-to-face with the Sangha, the Teaching, the Monastic Law, and the persons concerned. This is the meaning of face-to-face with the Sangha: the monks who should be present have arrived, consent has been brought for those who are eligible to give their consent, and no one present objects to the decision. This is the meaning of face-to-face with the Teaching and the Monastic Law: the Teaching, the Monastic Law, the Teacher’s instruction—that by which that legal issue is resolved. This is the meaning of face-to-face with the persons concerned: both those who are accusing and those who have been accused are present.

This is the meaning of resolution because of past insanity:

the doing of, the performing of, the participation in, the consent to, the agreement to, the non-objection to that legal procedure of resolution because of past insanity.

When a legal issue has been resolved like this, if any of the participants reopen it, they commit an offense entailing confession for the reopening.

If anyone who gave their consent criticizes the resolution, they commit an offense entailing confession.”

Resolution by further penalty

“Is it possible that a legal issue arising from an accusation should be settled

not by resolution through recollection or by resolution because of past insanity,

but

by resolution face-to-face and by further penalty?

It is.

How?

It may be that a monk accuses a monk of an offense in the midst of the Sangha:

‘Venerable, do you remember committing such-and-such a heavy offense entailing expulsion or bordering on expulsion?’

He replies,

‘I don’t.’

As he tries to free himself, the accusing monk presses him further:

‘Come on, venerable, try again to remember whether you’ve committed such-and-such a heavy offense.’

He replies,

‘I don’t remember committing such an offense,

but I do remember committing such-and-such a minor offense.’

As he tries to free himself, the accusing monk presses him further:

‘Come on, venerable, try harder to remember whether you’ve committed such-and-such a heavy offense.’

He replies,

‘I’ve admitted that I’ve committed this minor offense without being asked.

So when asked about a heavy offense, why wouldn’t I admit it?’

The accusing monk says,

‘But you didn’t admit that you had committed this minor offense without being asked.

So when asked about a heavy offense, why would you admit it?

Come on, venerable, try harder to remember whether you’ve committed such-and-such a heavy offense.’

He then says,

‘I remember committing such-and-such a heavy offense entailing expulsion or bordering on expulsion.

When I said that I didn’t remember, I spoke playfully, I spoke too fast.’

They should do a legal procedure of further penalty against that monk.

And it should be done like this.

A competent and capable monk should inform the Sangha:

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

The monk so-and-so, while being examined in the midst of the Sangha about a heavy offense, asserts things after denying them, denies things after asserting them, evades the issue, and lies.

If the Sangha is ready, it should do a legal procedure of further penalty against monk so-and-so.

This is the motion.

Please, venerables, I ask the Sangha to listen.

The monk so-and-so, while being examined in the midst of the Sangha about a heavy offense, asserts things after denying them, denies things after asserting them, evades the issue, and lies.

The Sangha does a legal procedure of further penalty against monk so-and-so.

Any monk who approves of doing a legal procedure of further penalty against monk so-and-so 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. …

The Sangha has done a legal procedure of further penalty against monk so-and-so.

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

This is called the resolution of a legal issue.

It’s been resolved face-to-face and by further penalty.

Face-to-face with what?

Face-to-face with the Sangha, the Teaching, the Monastic Law, and the persons concerned. This is the meaning of face-to-face with the Sangha: the monks who should be present have arrived, consent has been brought for those who are eligible to give their consent, and no one present objects to the decision. This is the meaning of face-to-face with the Teaching and the Monastic Law: the Teaching, the Monastic Law, the Teacher’s instruction—that by which that legal issue is resolved. This is the meaning of face-to-face with the persons concerned: both those who are accusing and those who have been accused are present.

This is the meaning of by further penalty:

the doing of, the performing of, the participation in, the consent to, the agreement to, the non-objection to that legal procedure of further penalty.

When a legal issue has been resolved like this, if any of the participants reopen it, they commit an offense entailing confession for the reopening.

If anyone who gave their consent criticizes the resolution, they commit an offense entailing confession.”

Acting according to what has been admitted

“There are three principles for settling a legal issue arising from an offense:

resolution face-to-face, acting according to what’s been admitted, and covering over as if with grass.

Is it possible that a legal issue arising from an accusation should be settled

not by covering over as if with grass,

but by resolution face-to-face and by acting according to what’s been admitted?

It is.

How?

It may be that a monk has committed a light offense.

That monk should approach a single monk, arrange his upper robe over one shoulder, squat on his heels, raise his joined palms, and say:

‘I’ve committed such-and-such an offense.

I confess it.’

—

‘Do you recognize it?’ —

‘Yes, I recognize it.’ —

‘You should restrain yourself in the future.’

This is called the resolution of a legal issue.

It’s been resolved face-to-face and by acting according to what’s been admitted.

Face-to-face with what?

Face-to-face with the Teaching, the Monastic Law, and the persons concerned. This is the meaning of face-to-face with the Teaching and the Monastic Law: the Teaching, the Monastic Law, the Teacher’s instruction—that by which that legal issue is resolved.

This is the meaning of face-to-face with the persons concerned:

both the one who confesses and the one he confesses to are present.

This is the meaning of acting according to what’s been admitted:

the doing of, the performing of, the participation in, the consent to, the agreement to, the non-objection to that legal procedure of acting according to what’s been admitted.

When a legal issue has been resolved like this, if the receiver of the confession reopens it, he commits an offense entailing confession for the reopening.

If this is what happens, all’s well.

If not, that monk should approach several monks, 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, I’ve committed such-and-such an offense.

I confess it.’

A competent and capable monk should then inform those monks:

‘Please, venerables, I ask you to listen.

The monk so-and-so remembers an offense—he reveals it, makes it plain, and confesses it.

If the venerables are ready, I will receive the confession of monk so-and-so.’

And he should say:

‘Do you recognize it?’ —

‘Yes, I recognize it.’ —

‘You should restrain yourself in the future.’

This is called the resolution of a legal issue.

It’s been resolved face-to-face and by acting according to what’s been admitted.

Face-to-face with what?

Face-to-face with the Teaching, the Monastic Law, and the persons concerned. This is the meaning of face-to-face with the Teaching and the Monastic Law: the Teaching, the Monastic Law, the Teacher’s instruction—that by which that legal issue is resolved.

This is the meaning of face-to-face with the persons concerned:

both the one who confesses and the one he confesses to are present.

This is the meaning of acting according to what’s been admitted:

the doing of, the performing of, the participation in, the consent to, the agreement to, the non-objection to that legal procedure of acting according to what’s been admitted.

When a legal issue has been resolved like this, if the receiver of the confession reopens it, he commits an offense entailing confession for the reopening.

If this is what happens, all’s well.

If not, that monk should approach the Sangha, 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, I’ve committed such-and-such an offense.

I confess it.’

A competent and capable monk should then inform the Sangha:

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

The monk so-and-so remembers an offense—he reveals it, makes it plain, and confesses it.

If the Sangha is ready, I will receive the confession of monk so-and-so.’

And he should say:

‘Do you recognize it?’ —

‘Yes, I recognize it.’ —

‘You should restrain yourself in the future.’

This is called the resolution of a legal issue.

It’s been resolved face-to-face and by acting according to what’s been admitted.

Face-to-face with what?

Face-to-face with the Sangha, the Teaching, the Monastic Law, and the persons concerned. This is the meaning of face-to-face with the Sangha: the monks who should be present have arrived, consent has been brought for those who are eligible to give their consent, and no one present objects to the decision. This is the meaning of face-to-face with the Teaching and the Monastic Law: the Teaching, the Monastic Law, the Teacher’s instruction—that by which that legal issue is resolved. This is the meaning of face-to-face with the persons concerned: both the one who confesses and the one he confesses to are present. This is the meaning of acting according to what’s been admitted: the doing of, the performing of, the participation in, the consent to, the agreement to, the non-objection to that legal procedure of acting according to what’s been admitted.

When a legal issue has been resolved like this, if the receiver of the confession reopens it, he commits an offense entailing confession for the reopening.

If anyone who gave their consent criticizes the resolution, they commit an offense entailing confession.”