The chapter on legal procedures (PLI-TV-KD9)

33. Discussion of the lifting of the legal procedure of reconciliation

“It may be that the Sangha has done a legal procedure of reconciliation against a monk, that he then conducts himself properly and suitably so as to deserve to be released, and that he then asks for the lifting of that procedure.

The monks consider,

‘The Sangha has done a legal procedure of reconciliation against this monk. He has conducted himself properly and suitably so as to deserve to be released, and now asks for the lifting of that procedure.

Well then, let’s lift that procedure.’

They lift that procedure—

illegitimately and with an incomplete assembly. …

illegitimately but with a unanimous assembly. …

legitimately but with an incomplete assembly. …

in a legitimate-like way and with an incomplete assembly. …

in a legitimate-like way but with a unanimous assembly.

The Sangha there starts disputing:

‘It was an illegitimate procedure done with an incomplete assembly,’ ‘It was an illegitimate procedure done with a unanimous assembly,’ ‘It was a legitimate procedure done with an incomplete assembly,’ ‘It was a legitimate-like procedure done with an incomplete assembly,’ ‘It was a legitimate-like procedure done with a unanimous assembly,’ ‘The procedure is invalid, it was badly done, and it needs to be done again.’

Those monks who say,

‘It was a legitimate-like legal procedure done with a unanimous assembly,’ and those who say,

‘The legal procedure is invalid, it was badly done, and it needs to be done again,’

they are the ones there who speak in accordance with the Teaching.”

These five contracted sections, too, are finished.

34. Discussion of the lifting of the legal procedure of ejection for not recognizing

“It may be that the Sangha has done a legal procedure of ejection against a monk for not recognizing an offense, that he then conducts himself properly and suitably so as to deserve to be released, and that he then asks for the lifting of that procedure.

The monks consider,

‘The Sangha has done a legal procedure of ejection against this monk for not recognizing an offense. He has conducted himself properly and suitably so as to deserve to be released, and now asks for the lifting of that procedure.

Well then, let’s lift that procedure.’

They lift that procedure—

illegitimately and with an incomplete assembly. …

illegitimately but with a unanimous assembly. …

legitimately but with an incomplete assembly. …

in a legitimate-like way and with an incomplete assembly. …

in a legitimate-like way but with a unanimous assembly.

The Sangha there starts disputing:

‘It was an illegitimate procedure done with an incomplete assembly,’ ‘It was an illegitimate procedure done with a unanimous assembly,’ ‘It was a legitimate procedure done with an incomplete assembly,’ ‘It was a legitimate-like procedure done with an incomplete assembly,’ ‘It was a legitimate-like procedure done with a unanimous assembly,’ ‘The procedure is invalid, it was badly done, and it needs to be done again.’

Those monks who say,

‘It was a legitimate-like legal procedure done with a unanimous assembly,’ and those who say,

‘The legal procedure is invalid, it was badly done, and it needs to be done again,’ they are the ones there who speak in accordance with the Teaching.”

These five contracted sections, too, are finished.

35. Discussion of the lifting of the legal procedure of ejection for not making amends

“It may be that the Sangha has done a legal procedure of ejection against a monk for not making amends for an offense, that he then conducts himself properly and suitably so as to deserve to be released, and that he then asks for the lifting of that procedure.

The monks consider,

‘The Sangha has done a legal procedure of ejection against this monk for not making amends for an offense. He has conducted himself properly and suitably so as to deserve to be released, and now asks for the lifting of that procedure.

Well then, let’s lift that procedure.’

They lift that procedure—

illegitimately and with an incomplete assembly. …

illegitimately but with a unanimous assembly. …

legitimately but with an incomplete assembly. …

in a legitimate-like way and with an incomplete assembly. …

in a legitimate-like way but with a unanimous assembly.

The Sangha there starts disputing:

‘It was an illegitimate procedure done with an incomplete assembly,’ ‘It was an illegitimate procedure done with a unanimous assembly,’ ‘It was a legitimate procedure done with an incomplete assembly,’ ‘It was a legitimate-like procedure done with an incomplete assembly,’ ‘It was a legitimate-like procedure done with a unanimous assembly,’ ‘The procedure is invalid, it was badly done, and it needs to be done again.’

Those monks who say,

‘It was a legitimate-like legal procedure done with a unanimous assembly,’ and those who say,

‘The legal procedure is invalid, it was badly done, and it needs to be done again,’ they are the ones there who speak in accordance with the Teaching.”

These five contracted sections, too, are finished.

36. Discussion of the lifting of the legal procedure of ejection for not giving up a bad view

“It may be that the Sangha has done a legal procedure of ejection against a monk for not giving up a bad view, that he then conducts himself properly and suitably so as to deserve to be released, and that he then asks for the lifting of that procedure.

The monks consider,

‘The Sangha has done a legal procedure of ejection against this monk for not giving up a bad view. He has conducted himself properly and suitably so as to deserve to be released, and now asks for the lifting of that procedure.

Well then, let’s lift that procedure.’

They lift that procedure—

illegitimately and with an incomplete assembly. …

illegitimately but with a unanimous assembly. …

legitimately but with an incomplete assembly. …

in a legitimate-like way and with an incomplete assembly. …

in a legitimate-like way but with a unanimous assembly.

The Sangha there starts disputing:

‘It was an illegitimate procedure done with an incomplete assembly,’ ‘It was an illegitimate procedure done with a unanimous assembly,’ ‘It was a legitimate procedure done with an incomplete assembly,’ ‘It was a legitimate-like procedure done with an incomplete assembly,’ ‘It was a legitimate-like procedure done with a unanimous assembly,’ ‘The procedure is invalid, it was badly done, and it needs to be done again.’

Those monks who say,

‘It was a legitimate-like legal procedure done with a unanimous assembly,’ and those who say,

‘The legal procedure is invalid, it was badly done, and it needs to be done again,’ they are the ones there who speak in accordance with the Teaching.”

These five contracted sections, too, are finished.

The ninth chapter on legal procedures is finished.

This is the summary:

“The Buddha was at Campā,

The account of the village of Vāsabha;

Helping the newly arrived,

He worked for what they wanted.

Knowing, ‘They are knowledgeable’,

He made no effort then;

Ejected, ‘He did not’,

He went to the Victor.

Illegitimate legal procedures with incomplete assembly,

And illegitimate legal procedures with unanimous assembly;

And legitimate legal procedures with incomplete assembly,

Legitimate-like with incomplete assembly.

Legitimate-like with unanimous assembly,

One person ejects another;

And one ejects two or three,

One ejects a sangha.

The same for two and three,

And a sangha ejects a sangha;

The Excellent Omniscient One having heard,

Prohibited the illegitimate.

A procedure deficient in motion,

But complete in announcement;

One deficient in announcement,

But complete in motion.

And one deficient in both,

And not according to the Teaching;

The Monastic Law, the Teacher, objected to,

Reversible, unfit to stand.

Illegitimate with incomplete assembly, with unanimous assembly,

Legitimate, two legitimate-like;

Just legitimate with a unanimous assembly,

Was allowed by the Buddha.

A group of four, a group of five,

And a group of ten, twenty;

And a group of more than twenty,

Thus a five-fold sangha.

Apart from ordination,

And the procedure of invitation;

Together with the procedure of rehabilitation,

Is done by a group of four.

Apart from two procedures,

Ordination in the Middle Country;

Rehabilitation, a group of five,

Does all procedures.

Apart from rehabilitation,

Is a group of ten monks;

A sangha that does all procedures,

Is twenty, a doer of all.

A nun, and a trainee nun,

A novice monk, a novice nun;

Who has renounced, the worst kind of offense,

Ejected for not seeing an offense.

For not making amends, for a bad view,

A paṇḍaka, a fake monk;

Monastics of another religion, animal,

Killer of mother, and father.

A perfected one, a rapist of a nun,

A schismatic, a shedder of blood;

A gynandromorph, a different Buddhist sect,

Outside the monastery zone, by supernormal power.

The one who is subject to the legal procedure,

These twenty-four are;

Prohibited by the Fully Awakened One,

For these do not complete the quorum.

If, with one on probation as the fourth,

It should give probation;²⁰

Or send to the beginning, give trial, rehabilitate,

It’s invalid, not to be done.

One deserving sending back, deserving trial, on trial,

And even deserving rehabilitation;

These five cannot do a procedure,

Explained the Fully Awakened One.

A nun, and a trainee nun,

A novice monk, a novice nun;

Who has renounced, the worst kind, insane,

Deranged, pain, for not seeing.

For not making amends, for a bad view,

And also a paṇḍaka, gynandromorph;

One from a different Buddhist sect, monastery zone,

Air, and the subject of the procedure.

Of these eighteen,

An objection is invalid;

Of a regular monk,

An objection is valid.

For one who is pure, the sending away fails,

For the fool it succeeds;

The paṇḍaka, living together by theft,

Joined, animal.

Of mother, of father, a perfected One,

A rapist, a schismatic;

And a shedder of blood,

And one who is a gynandromorph.

Of these eleven,

The admittance fails;

Hand, foot, both of them,

Ear, nose, both of them.

Finger, thumb, tendon,

Joined, and hunchback, dwarf;

Goiter, branded, and whipped,

And sentenced, elephantiasis.

Serious, abnormal, and blind in one eye,

Crooked limb, lame, and also the paralyzed;

Crippled, weak,

Blind, and mute, deaf.

Blind and mute, blind and deaf,

Mute and deaf;

And blind and mute and deaf,

Thirty-two exactly.

For them there is admittance,

Explained the Fully Awakened one;

They are to be seen, to be remedied,

There is no sending away.

A procedure of ejection against one,

Seven are illegitimate;

If committed but acting properly,

Those seven too are illegitimate.

If committed and not acting properly,

Seven procedures are legitimate;

Face-to-face, and questioning,

And done with admission.

Recollection, insanity, penalty,

Censure, and with demotion;

Banishment, reconciliation,

Ejection, and probation.

Beginning, trial, rehabilitation,

Just so ordination;

If it does one in place of another,²¹

These sixteen are illegitimate.

If it does the right one,²²

These sixteen are legitimate;

It would counter accuse reciprocally,²³

These sixteen are illegitimate.

Two and two having that basis,

Also these sixteen are legitimate;

The permutation with a one-by-one basis,

‘Illegitimate’, said the Victor.

It did a legal procedure of censure,

The Sangha, the one who is quarrelsome;

An illegitimate procedure with incomplete assembly,

He went to another monastery.

There unanimous assembly with illegitimate,

Did censure against him;

Another incomplete assembly with legitimate,

Did censure against him.

Also incomplete assembly with legitimate-like,

So did a unanimous assembly;

And a unanimous assembly with illegitimate,

And an incomplete assembly with legitimate.

And incomplete assembly with legitimate-like,

And unanimous assembly, in these cases;

Having done the basis one by one,

A discerning one would link the permutation series.

Demotion for the incompetent fool,²⁴

The corrupter of families should be banished;

And a procedure of reconciliation,

Should be done to the abuser.

In not recognizing, in not making amends,

And one who would not give up a view;

For them there is the procedure of ejection,

Said the Caravan Leader.

With regard to the procedures that have a method,²⁵

A wise one should determine censure;

For those who act suitably,

One who conducts himself properly, he should ask.

The lifting of those procedures,

And in accordance with the method for the procedure as above;

In regard to whichever procedure,

And there they dispute.

Invalid, and just badly done,

And to be done again;

And also for the lifting of procedures,

Those monks speak in accordance with the Teaching.

Having seen those afflicted by the disease of failure,

To those who are ready for the legal procedure;

The Great Sage declared the lifting,

Like a surgeon applies the medicine.”

In this chapter there are thirty-six topics.

The chapter on legal procedures is finished.