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

Covering over as if with grass

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

not by acting according to what’s been admitted,

but by resolution face-to-face and by covering over as if with grass?

It is.

How?

It may be that monks who are arguing and disputing do and say many things unworthy of monastics.

If they consider this and think,

‘If we deal with one another for these offenses, this legal issue might lead to harshness, nastiness, and schism,’

then I allow you to resolve that legal issue by covering over as if with grass.

And it should be resolved like this.

Everyone should gather in one place. A competent and capable monk should then inform the Sangha:

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

While we were arguing and disputing, we did and said many things unworthy of monastics.

If we deal with one another for these offenses, this legal issue might lead to harshness, nastiness, and schism.

If the Sangha is ready, it should resolve this legal issue by covering over as if with grass, except for heavy offenses and offenses connected with householders.’

The monks belonging to one side should then be informed by a competent and capable monk belonging to their own side:

‘Please, venerables, I ask you to listen.

While we were arguing and disputing, we did and said many things unworthy of monastics.

If we deal with one another for these offenses, this legal issue might lead to harshness, nastiness, and schism.

If the venerables are ready, then, for your benefit and for my own, I will confess in the midst of the Sangha both your and my own offenses by covering over as if with grass, except for heavy offenses and offenses connected with householders.’

And the monks belonging to the other side should be informed by a competent and capable monk belonging to their own side:

‘Please, venerables, I ask you to listen.

While we were arguing and disputing, we did and said many things unworthy of monastics.

If we deal with one another for these offenses, this legal issue might lead to harshness, nastiness, and schism.

If the venerables are ready, then, for your benefit and for my own, I will confess in the midst of the Sangha both your and my own offenses by covering over as if with grass, except for heavy offenses and offenses connected with householders.’

A competent and capable monk belonging to one side should then inform the Sangha:²¹

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

While we were arguing and disputing, we did and said many things unworthy of monastics.

If we deal with one another for these offenses, this legal issue might lead to harshness, nastiness, and schism.

If the Sangha is ready, then, for the benefit of these venerables and myself, I will confess in the midst of the Sangha both their and my own offenses by covering over as if with grass, except for heavy offenses and offenses connected with householders.

This is the motion.

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

While we were arguing and disputing, we did and said many things unworthy of monastics.

If we deal with one another for these offenses, this legal issue might lead to harshness, nastiness, and schism.

For the benefit of these venerables and myself, I confess in the midst of the Sangha both their and my own offenses by covering over as if with grass, except for heavy offenses and offenses connected with householders.

Any monk who approves of confessing our offenses in the midst of the Sangha by covering over as if with grass, except for heavy offenses and offenses connected with householders, should remain silent.

Any monk who doesn’t approve should speak up.

We have confessed our offenses in the midst of the Sangha by covering over as if with grass, except for heavy offenses and offenses connected with householders.

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

A competent and capable monk belonging to the other side should inform the Sangha:

‘Please, venerables, I ask the Sangha to listen. While we were arguing and disputing, we did and said many things unworthy of monastics. If we deal with one another for these offenses, this legal issue might lead to harshness, nastiness, and schism. If the Sangha is ready, then for the benefit of these venerables and myself, I’ll confess in the midst of the Sangha both their and my own offenses by covering over as if with grass, except for heavy offenses and offenses connected with householders. This is the motion.

‘Please, venerables, I ask the Sangha to listen. While we were arguing and disputing, we did and said many things unworthy of monastics. If we deal with one another for these offenses, this legal issue might lead to harshness, nastiness, and schism. For the benefit of these venerables and myself, I confess in the midst of the Sangha both their and my own offenses by covering over, as if with grass, except for heavy offenses and offenses connected with householders. Any monk who approves of confessing our offenses in the midst of the Sangha by covering over as if with grass should remain silent. Any monk who doesn’t approve should speak up.

We have confessed our offenses in the midst of the Sangha by covering over as if with grass, except for heavy offenses and offenses connected with householders. 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 covering over as if with grass.

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.²²

This is the meaning of covering over as if with grass:

the doing of, the performing of, the participation in, the consent to, the agreement to, the non-objection to that legal procedure of covering over as if with grass.

When a legal issue has been resolved like this, if a receiver of the confession reopens it, he commits an offense entailing confession for the reopening.²³

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

There’s one principle for settling a legal issue arising from business:

by resolution face-to-face.”

The fourth chapter on the settling of legal issues is finished.