Third of 3 Talks by Subhuti
Procedures for settling disputes
Guidance from the Vinaya on ‘Issues’ and methods for resolving them
A talk given at Bhaja on 7 January 2000
There is a chapter in the Vinaya Pitaka called Settling of Disputes in the Sangha. In it we find interesting and useful information about how the Sangha, as founded by the Buddha, dealt with these things. Now, while I don't think that we can simply take what the Bhiksu Sangha did and apply it directly to ourselves, I do think that their procedures can give us a basis for discussing how we can work to resolve disputes in our own situation.
the four Adhikaranas
The discussion is divided into two parts. First of all there are the four Adhikaranas. Adhikarana means something like 'issue'. There are four kinds of issue that have to be dealt with. Then there are seven procedures by which those issues can be dealt with. These procedures are known as vinayas. Each of the procedures can be applied to one or more of the issues.
The four Adhikaranas are disputes, accusations, offences and business matters. I am going to talk a little bit about each of these and then I will go into the methods for resolving them and then I will show each of those methods as applied to each of the issues.
disputes
The Buddha is asked ‘what are disputes?’ He says the term includes quarrels, strife, controversy, difference of opinion, contradiction, opposition, cantankerousness, contention. So in speaking of ‘disputes’, he means any situation in which different members of the Sangha come into disharmonious opposition.
The Buddha gives a list of the kinds of questions that there are disputes about. For example, one side says, ‘This is the Dharma’. The other side says, ‘No, it is not the Dharma’. Or one side says, ‘This is the vinaya’, the other says, ‘This is not the vinaya’. Or there is similar disagreement between two sides about whether something is or is not taught by the Tathagata, or is practised or laid down by the Tathagata. Or the dispute may be about whether something is or is not an offence, or whether it is a serious or only a minor offence, or whether it can be cleared away or not; and so on. No doubt you get the picture: disputes can be about the nature of the Dharma, the nature of the spiritual life, the nature of moral life, and so on.
This classification of disputes is quite important. Elsewhere, the Buddha says it is when there is disagreement about these things that there is schism in the Sangha. (Of course, I have discussed in one of my previous talks what the underlying causes of disputes are. We have seen that they lie in the mind. They come out of an evil mind or a greedy mind or a foolish mind.) So these are disputes - the first of the four categories of adhikarana, or issue. As I explained in my earlier talk, a dispute is a problem that the Sangha has to deal with. When this sort of quarrel is going on, something has to be done.
accusations
The second kind of ‘issue’ is an accusation. This is where one Order member has been accused by others of a breach of morality, or of a wrong opinion, or a wrong means of livelihood. The Buddha had in mind here, in particular, accusations that are not made directly, or ones that are stated but not cleared up. This is the kind of situation where one or more Order members are saying about another Order member, 'Oh, he is a bad man, he does this, he does that'. The Buddha gives a list of what kinds of speech constitute an accusation in this sense. I won't mention them all individually, but we can classify them into three kinds.
Firstly, there are accusations proper, that is, cases where somebody accuses someone else of doing wrong. Secondly, there are excuses. This means a situation where someone blames somebody else in order to excuse himself for something he did wrong. So for instance, if you have hit somebody and you are asked why you did it, you might say, 'He made me do it, he insulted me'. So you are excusing yourself. The third type of accusation is an accusation made in the course of making fun of somebody. In other words, it is teasing. This can be dangerous because sometimes, in teasing somebody, you accuse them of something and others may believe you mean it seriously.
So in one or other of these three ways, someone may accuse somebody of something. And the accusation may be heard and repeated by others and thus become a rumour about that person. There has to be some way of clearing this sort of thing up. This is something I have observed quite a bit in our Movement. There are all sorts of rumours about people and they are just assumed to be true. People just pass them around without ever checking whether they are true or not. So the person who is accused needs some way of clearing the matter up. He can't just go round to everybody saying, 'No, it is not true', 'No, it is not true'.
The Buddha discusses what is the cause of such accusations. Once again, it is the greedy, angry or foolish mind of the accuser. When you look into such cases, you often find out that the person making the accusation does not really hate the person they are accusing. The accusation is just a symptom of a general negativity in the accuser’s mind, which he gives vent to by accusing others of this or that, almost at random. The Buddha says that such general negativity is often directed at somebody who is at a disadvantage in some way. In other words the accuser picks on somebody who is weak in some way and so can be easily attacked. Whatever the reason, this sort of accusation needs to be cleared up by the Sangha.
offences
Next, we come to the third adhikarana, or issue, which is offences. This includes any definitely unskilful action. In the Vinaya, of course, offences are defined by the rules of the Patimokkha, the list of rules that the bhiksu is supposed to observe, but in our context it means a breach of one of the Ten Precepts, especially any such breach that is particularly serious. Obviously, just as for disputes and accusations, the sangha needs some way of dealing with offences.
the business of the sangha
The fourth kind of issue is those that are connected with the business of the sangha. The sangha has various formal procedures and structures, and sometimes questions are raised about these. For instance, in our context, it might be a dispute about whether the Chapter Convenor had been properly appointed or not. Or it might be a dispute about whether somebody's ordination request had been properly discussed. So this category is about disagreements concerning the way of carrying out the business of the Order, or about its structure. Again, just as for the other adhikaranas, the sangha needs ways of sorting such things out. If they are not properly sorted out, procedural disagreements can get to the point at which they become schism.
These then are the four adhikaranas or types of issues: disputes, accusations, offences and procedural disagreements. I think this is quite a useful list of the kinds of things that we have to deal with in the Order. And indeed, we do from time to time find issues coming up under all those four headings. Now, let us turn to the seven vinayas or procedures for resolving such issues.
the seven vinayas or procedures for resolving issues
There are seven such vinayas, or procedures. The first procedure is known as 'in the presence of'. The second is called 'of innocence'. The third is called 'the declaration of insanity'. The fourth is 'confession'. The fifth is the procedure 'by majority'. The sixth is the procedure for 'obstinate offenders'. And the seventh is 'covering mud with grass'.
in the presence of the Sangha
So the first is sammukha-vinaya, which means ‘in the presence of’, or ‘in the face of’, or ‘face to face’. It is so called because the issue is resolved in the presence of the Sangha, the Dharma, and the Vinaya, and in the presence of the particular people concerned. Actually, none of these procedures are done in the absence of the people who are concerned. But in this first procedure, there is a full Order meeting and everybody who can be there is there. Those who are entitled to be there but can't be must send their apologies. And nobody can have any objection to anybody being there. So, in our case, it would probably mean, in the first instance, a full meeting of at least the local chapter.
But what is meant by the phrases in the presence of the Dharma, and in the presence of the Vinaya? Obviously it means that all those present are trying to resolve the matter as it were in the light of the Dharma and the Vinaya. They must try their best to use the teachings of the Buddha to resolve the question.
Then finally, this procedure takes place in the presence of the people involved in the issue, that is, for example, the person who is accused and the person who is making the accusation, or the person who has committed the offence, or the people who are in dispute. This procedure can be used for settling all kinds of issues. It means everyone involved, either directly or just by being part of the local sangha, gets together and discusses the matter, openly and in a positive spirit. And they try to get to the bottom of the matter. The sutta says that they should ‘thresh out’ what is Dharma. You know that, to separate the rice from the stalk, you beat it; at least that is what you do with wheat and barley and so on. You beat it with a special flail so that the grains are separated from the straw. The sangha discusses the issue in such a way that the grains of truth, the grains of Dharma, are separated from the straw of confusion and misunderstanding and so on. This is the basic procedure: you just sit down together and you work the thing out.
going to another Chapter
Now of course, you may not always succeed. If the Chapter can't get to the bottom of the matter what does it do? Well, they go to another Chapter and say to that other Chapter, 'We can't sort this matter out, will you do it for us?' The other Chapter first has to consider whether they think they are actually able to do this. They may say, 'I don't think we are going to be able to sort this out, you are too confused', or 'We just don't think we are senior enough, or wise enough, to sort this out'. Or they may say, 'We will try, we will do our best'. So then they discuss it and, if they can, they resolve the matter.
But sometimes issues get very complicated. So for instance, in the course of explaining to the other chapter what the dispute is, somebody says, 'He said that, I said this, and then he said that'. But somebody else disagrees with this version of events and says, 'No, no; it wasn’t like that. He said this, and then I said that, then he said this.’ Because of this kind of confusion, the Chapter who are trying to resolve the matter may get completely confused about what is going on. So they just decide, 'We can't decide this. So we suggest we appoint a commission to look into the matter'. And so the Chapter that has been visited finds three or four or five very responsible, senior, experienced Order members to sort the matter out.
Now, what does sorting it out mean? It means that everybody accepts the decision that is made. It is unanimous. But of course, that may be difficult to achieve. So, if the commission is unable to sort the matter out then you have to resort to another procedure. This other procedure is the decision by majority. We will come on to that later.
So this is the first vinaya or procedure, which is called ‘in the presence of’ or sammukha vinaya. And the gist of it is that you try to resolve the issue in the presence of everyone concerned in the local sangha. In our case, this means first of all you try to resolve it within the Chapter. If you can't resolve it there, you take it to another Chapter. If they can't help you to resolve it, you form a commission. And if that doesn’t resolve it, then you have to pass on to another procedure.
the procedure ‘of innocence’
The second procedure is the procedure ‘of innocence’. Literally, it is the sati vinaya, meaning ‘the procedure for recollection’. It is relevant to the adhikarana of accusations, that is, if you have been wrongly accused of something and you want some way of clearing your name. The procedure is that, at a full meeting of the Order, you say, 'I have been accused of this, but I have investigated my memory and I cannot find that I did do it. I am innocent of what I am accused of.' Then the whole sangha declares, 'Yes, we accept that you are innocent'. So the matter is then cleared up, and it constitutes an offence for somebody to raise it again. Of course, you have to be really innocent. And presumably you should have talked the matter over with your kalyana mitras and friends beforehand.
I think this is quite an important and interesting procedure. People have told me that they have been accused of things and it is widely believed that they actually did those things, yet in fact they didn't do them. I believe these people are telling me the truth. But how are they to persuade 30 or 40 Order members who may believe the false accusations? How are they to get them to change their minds? So this procedure gives a way of clearing your name. Of course, there may have to be some discussion, but in the end you can get to a point where everybody agrees, 'Yes, we accept that you are innocent'. So that is the second procedure.
the procedure ‘for declaring insanity’
Now we come to the third vinaya. This is the procedure ‘for declaring insanity’. It is concerned, once again, with accusations, and also with offences. What is insanity? I used to work in psychiatric social work and so I have seen clinical insanity at first hand. But I have also seen, at close quarters, behaviour that seemed to me insane, although it would not have counted as insanity in a medical sense. The fact is, most of us are a little bit mad every now and again. The Buddha said that all ‘worldlings’ - that is, ordinary people - were mad! But clearly, what is meant here is something more specific than that! It means a situation where someone’s mind is under such extreme stress and confusion that he cannot judge things properly. Sometimes, for instance, when people have experienced the death of someone very close to them, they go a little bit mad. In English there is a figure of speech to describe this, 'mad with grief'. There are situations in which people do things that show that their minds are so disturbed that they are not really seeing things properly. And in the legal field, of course, a successful plea of insanity means that you cannot be tried in the courts for whatever offence you have committed.
Order members can go mad, just like any other people. Modern science is showing more and more that madness is not is not just caused by emotional matters. It can also be the result of a physical ailment. For instance, old people get Alzheimer's disease, senile dementia. Sometimes very old people with this illness can't even recognise their own children. It is something to do with the brain breaking down. Other kinds of mental illness, not just those suffered by old people, also have physical causes, in body chemistry. Also, certain kinds of poison can bring on insanity of various kinds. So there are many reasons for insanity, and even a person who is practising spiritually, such as an Order member, can act unskilfully owing to a period of insanity.
So after such an action, in the meeting of the Chapter, he may say, 'Well, I did do that, but I was suffering a period of mental illness', or, 'I don't remember doing that. I believe you when you tell me that I did, but I just don't remember it. At that period I was mad'. Or he may say, 'I do remember it, but is as if it was a dream'.
Another alternative, of course, is that he is actually still mad and shows it in his behaviour. So the sangha obviously can't hold him responsible for something he did while in this state. In English law courts, the phrase that is used is that the person committed the offence while the balance of his mind was disturbed. So in this sort of situation, the individual is declared to be innocent of that offence because of insanity. Of course, if he is still mentally ill, he will have to be looked after by the sangha.
the procedure of confession
The fourth vinaya is the procedure of confession, which of course relates to the adhikarana of offences. In this case, a member of the sangha has done something wrong, quite badly wrong perhaps, but in any case wrong enough to require confession before the whole sangha. He can either confess in the Chapter meeting, or get together with a friend and confess to him, and then he can tell the chapter, 'My friend confessed to me, do you accept his confession?' Then the whole Chapter acknowledges that the confession has been made and that is the end of the matter. The bhikkus say, 'Do you acknowledge that you have committed this fault?' The one who has committed the fault says, 'Yes, I do acknowledge it', and the rest say, 'May you restrain yourself in the future'.
the procedure of ‘resolution by majority’
The fifth procedure, which is especially to be used for disputes, is ‘resolution by majority’. It is assumed that the parties to the dispute have been through the first procedure, the procedure in the face of, and that it has not been possible to resolve the matter that way. So the sangha appoints an election officer. Of course, they have to choose somebody who is of very high moral quality, somebody impartial, free from malice or hatred, wise and also fearless. Fearlessness is necessary in carrying out this task because people may blame you. The election officer must also be someone who is also familiar with the procedure and knows how to conduct it properly.
He puts before the sangha what the issue is and they vote on it and he collects the votes. This can be done in three different ways: by secret ballot, by whispering, or by an open ballot. For the open ballot, the election officer has tokens of two different colours, and each bhikku comes up to him and takes one of the tallies. In this way, he determines what the majority think is correct. However, an interesting feature of this system is that the election officer has the responsibility to decide whether the majority is actually acting in accordance with the Dharma or not. If he thinks that the monks have voted unwisely, he can cancel the vote.
the procedure for obstinate people
The sixth procedure is for those who are obstinate people who have committed offences but won't really properly admit to them. So for example, he might say, 'I didn't do that, it wasn't so serious, what I did was a less serious crime'. Or perhaps he says, 'I didn't do it at all'. And then, being pressed, he eventually he says, 'OK, I did commit that offence'. The other monks then they say, 'Well, why didn't you say so to begin with?', and he replies, 'I was only joking'. So in this sort of way, he avoids properly admitting what he has done and therefore adds to the original offence the further offences of being obstinate and being not open. But this procedure is used when somebody has actually in the end confessed but they have done so only after a great obstinate resistance. And this is applicable in the case of offences and accusations.
[Details of sixth procedure not given in this talk]
[Interpolation from talk given by Subhuti to chapter retreat at Madhyamaloka, 3/9/00]
Then we have the procedure for those who are obstinately wrong. This is essentially to do with somebody who won't really face up to what they have done and the vinaya account of it is rather delightful, it gives the example of a bhiksu sort of being accused of something and saying, 'Well, in a way I did, but not really, because it wasn't really quite like that, what I did do was this, something much more minor', and not really facing up to what he has done and then changing his story and just not really being willing to face up to what has happened. And it seems that what happens first of all is a confession but it is not a full or true confession, questions get raised about that, the confession is then either renewed or withdrawn and it takes some time for the Sangha to get to heart of the matter and for the bhiksu to make a full and proper confession. He is then required to face up fully to his eel wriggling and to his failure to really face up to it.
The Buddha was at one point asked about adhikarana and about resolution of adhikarana and he said that there were two kinds of resolution. There was resolution in the spirit and resolution in the letter. And he said that resolution in the letter was no resolution at all, there was only a resolution in the spirit that counted as resolution. So the question arose: what is resolution in the spirit? What produces resolution in the spirit? And he said when the matter is looked into deeply and its bottom is reached so that there is as it were nothing more to come out, nothing more to be gone into. So it is gone into all the way, you are not just content with superficial harmony or superficial apology or something like that. The full depth of the issue is revealed. And I think in a way this relates to the whole question of confession again, it is not just a question of reeling off an apology so to speak for the action itself, there needs to be a deep exploration of what went on. And again, not as an accusation but as a dialogue, a discussion, a communication. It has got a lot to do with the bhiksu or the Order member being shameless. In other words, not really feeling shame when the Sangha becomes aware of wrong doing.
And it might sound a little bit almost heartless but one of the very impressive things about the discussion of these matters in the sutras is the extreme care and delicacy with which the Buddha, particularly, approaches people. He is absolutely uncompromising in the sense that he will not let a matter drop but he is prepared to take a long time to get to grips with it and he is prepared to use very indirect means. The Bhaddali Sutta is the best example of that where Bhaddali won't take some advice from the Buddha during the rainy season retreat about eating. Apparently he used to like to eat a lot and the Buddha recommended only eating before midday or one meal a day, I think it was, and he refuses. So the Buddha gives him all sorts of mitigations of the rule but he just refuses, he says he can't, and the rest of the rainy season he is kind of out of contact with the Buddha but nobody kind of gives him a hard time. But at the end of the rainy season retreat when they are mending their robes ready for the end of the retreat some other bhiksus are sitting with him and they just say, 'Well, why don't you go and just talk to the Buddha, it is a long time since you talked to the Buddha, why don't you just clear things up with him before you go as you may not see him again'. So he does and having confessed that he had not listened to the Buddha properly the Buddha starts to go into it and eventually goes into it so deeply that poor Bhaddali we feel really sorry for him in a way but he has kind of opened himself up. And the Buddha says, 'It wasn't just a matter of you not listening, you actually cut yourself off and in cutting yourself off you actually undermine your whole spiritual life. You can't really hope to make spiritual progress if you cut yourself off from the Sangha, if you don't listen to the teacher, if you don't listen to the Dharma, and so on'. So he really goes into it very deeply indeed but in such a gentle way, although actually by that time it is not so gentle but he gets round to it very gently. He waits till Bhaddali is open. So then Bhaddali says, 'Why didn't you tell me earlier?'. So the Buddha said, 'You wouldn't have listened and it might have alienated you'. And he says, 'If in a family one brother has only one eye everybody in the family is very careful to make sure that that one eye isn't put out. If he has got two you are less careful, you have one to spare. But if somebody has got little faith you make sure that you don't blot out the little faith that they have'. Bhante did a seminar on this which is very good on that sort of area of sensitivity and persistence and even a kind of uncompromisingness but with at the same time great gentleness and sensitivity and subtlety.
So one mustn't think of these as being conducted in a crude and harsh way. And when you read the text it does bring that out more fully, the bare bones of it suggest something rather legal and therefore rather harsh and cruel. But the way in which it is all to be used is sensitively, with respect and, as I say, with a preparedness to believe the other person even if you have got grounds for doubt. So the procedure for those who are obstinately wrong may take a long time in order to get through to them but again it is not let go of. I think that is quite important, it is something that emerges from the consideration that matters are not just let slide, they are gone into deeply.
the procedure of ‘covering mud with grass’
The last vinaya is the procedure of ‘covering mud with grass’. It applies to disputes and offences. Imagine that there is one group of monks saying one thing and another group saying another, and they are quarrelling about it. Eventually, somebody on one side realises, 'Look, this is ridiculous. We are fighting with our brothers in the sangha. We shouldn't be doing this.' He manages to persuade the others. Then somebody on the other side, in the same way, realises that what they are doing is silly and persuades the others to stop. Of course, this may happen because someone outside the dispute - perhaps a senior monk - has managed to persuade one individual on each side to come to this point. So the bhikku on the one side who has been the first to realise this says to his friends, 'Look, I will confess for all of us. Will you let me do that?'. The monk on the other side does the same. They all come together, the two monks speak for the others, confess and apologise, and that is the end of the matter.
Of course, it can only be as simple as this if no very serious offence has been committed in the course of the dispute, or as its cause. If something serious has been done, of course, it has to be examined more deeply. But if the issue was just disputing, just quarrelling, without giving rise to deep ill will and distrust, it can be resolved in this way - by everybody confessing that they have participated in a quarrel. There is no need for every individual to resolve matters with every other individual. So this is called ‘covering mud with straw’. There is no need to clear up the mud, you just put straw on top of it. Then you can walk over it.
So there are the four kinds of issues and the seven kinds of procedure that the bhikku sangha can use to resolve them. I think we can learn from this and apply some of the methods, perhaps in a more informal way. Certainly, we need to take very seriously any of the four ‘issues’ that arise in our sangha: we should take them up collectively and resolve them. Disputes, for example, need to be cleared up: either the truth needs to be found or harmony has to be restored by some means. Accusations need to be looked into, and either withdrawn and apologised for (if they are wrong) or (if they are shown to be correct) then the person accused needs to confess. If we have committed offences we need to confess them. If there are misunderstandings or confusions about business matters then we must discuss them until they are concluded. I think one of the greatest enemies to the Sangha is vagueness. Too often, we don't properly face up to issues and resolve them. We have to be willing to put time and energy into doing so.
So I hope that is helpful. We should be pleased and grateful that such a clear and detailed system of resolving issues is offered to us by the Buddhist tradition.
[end of talk]
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Canonical sources mentioned
The Patimokkha - The Bhikkhus' Code of Discipline
Translated from the Pali by Thanissaro Bhikkhu
Adhikarana-Samatha
1. A verdict "in the presence of" should be given. This means that the formal act settling the issue must be carried out in the presence of the Community, in the presence of the individuals, and in the presence of the Dhamma and Vinaya.
2. A verdict of mindfulness may be given. This is the verdict of innocence given in an accusation, based on the fact that the accused remembers fully that he did not commit the offense in question.
3. A verdict of past insanity may be given. This is another verdict of innocence given in an accusation, based on the fact that the accused was out of his mind when he committed the offense in question and so is absolved of any responsibility for it.
4. Acting in accordance with what is admitted. This refers to the ordinary confession of offenses, where no formal interrogation is involved. The confession is valid only if in accord with the facts, e.g., a bhikkhu actually commits a pacittiya offense and then confesses it as such, and not as a stronger or lesser offense. If he were to confess it as a dukkata or a sanghadisesa, that would be invalid.
5. Acting in accordance with the majority. This refers to cases in which bhikkhus are unable to settle a dispute unanimously, even after all the proper procedures are followed, and -- in the words of the Canon -- are "wounding one another with weapons of the tongue." In cases such as these, decisions can be made by majority vote.
6. Acting in accordance with the accused's further misconduct. This refers to cases where a bhikkhu admits to having committed the offense in question only after being formally interrogated about it. He is then to be reproved for his actions, made to remember the offense and to confess it, after which the Community carries out a formal act of "further misconduct" against him as an added punishment for being so uncooperative as to require the formal interrogation in the first place.
7. Covering over as with grass. This refers to situations in which both sides of a dispute realize that, in the course of their dispute, they have done much that is unworthy of a contemplative. If they were to deal with one another for their offenses, the only result would be greater divisiveness. Thus if both sides agree, all the bhikkhus gather in one place. (According to the Commentary, this means that all bhikkhus in the sima must attend. No one should send his consent, and even sick bhikkhus must go.) A motion is made to the entire group that this procedure will be followed. One member of each side then makes a formal motion to the members of his faction that he will make a confession for them. When both sides are ready, the representative of each side addresses the entire group and makes the blanket confession, using the form of a motion and one announcement (natti-dutiya-kamma).
Revised: Thu 18 February 1999 http://world.std.com/~metta/canon/vinaya/bhikkhu-pati.html
Thich Nhat Hanh (Old Path White Clouds, p. 311)
1 sammukha-vinaya (face-to-face sitting - the dispute must be stated before the entire
convocation of bhikkhus… this is to avoid private conversations about the conflict which
inevitably influence people against one side or the other, creating further discord and tension
2 smtri-vinaya (remembrance)
3 amudha-vinaya (non-stubbornness - the community expects both parties to demonstrate
their willingness to reach reconciliation)
4 tatsvabhaisya-vinaya (voluntary confession)
5 pratijnakaraka-vinaya (accepting the verdict - when the verdict is reached, it will be read
aloud three times. If no-one in the community voices disagreement with it, it is
considered final. Neither party in the dispute has the right to challenge the verdict.
6 yadbhuyasikiya-vinaya (decision by consensus)
7 trnastaraka-viiinaya (covering mud with straw - a venerable elder monk is appointed to
represent each side in the conflict… their words have the capacity to soothe and heal
wounds, just as straw covers mud…)
PARACANONICAL VINAYA LITERATURE
(from A Survey of Vinaya Literature, by Charles Prebish)
Adhikarana-Samatha-dharmasThese seven rules represent a system by which offenses may be resolved.
· The first, sammukhavinaya, literally means: in the presence of. The Samathakkhandhaka of the Pali Vinaya explains this by the presence of the individual, the Samgha, the Dharma, and the Vinaya. 26
· The second, smrtivinaya, literally means: verdict based on recollection. However, the Samathakkhandhaka makes it clear that it is a verdict of innocence and outlines five requirements for such a decision:
(1) that the monk is pure and faultless,
(2) that he is accused,
(3) that he asks for dismissal of the charge,
(4) that the samgha gives the smrtivinaya decision, and
(5) that the samgha is complete.
· The third, amudhavinaya, literally means: verdict of past insanity. The Samathakkhandhaka notes three criteria for granting such a verdict: (1) the offense was not remembered, (2) the offense was remembered and confessed, and (3) the monk remains insane.
· The fourth, yadbhuyasikiya, literally means: decision of the majority. The Samathakkhandhaka, however, states that when a decision of the majority is not reached, monks at another avasa may be consulted. Miss Horner suspects that this method was not contemplated, referring to a passage in which voting by tickets was used to resolve the legal question.
· The fifth, tatsvabhavaisiya, literally means: special nature (of the accused monk). The Samathakkhandhaka notes three occasions for carrying out this act against a monk: if he (1) is a maker of fights, (2) is a maker of quarrels, or (3) is a maker of disputes.”
· The sixth, trnaprastaraka, literally means: cover (as) with grass. The Samathakkhandhaka explains that when monks are engaged in dispute, many unbecoming things may be said. Monks should gather together under the direction of an experienced monk, confess their collective fault, and unless it is a grave act (sthulavadya) or connected with the laity (grhapatisamyukta), enact this procedure. 32
· The seventh, y pratijnakaraka, literally means: verdict which effects confession. The Samathakkhandhaka advises that acts must not be carried out against a monk without his acknowledgement. The adhikarana-samatha-dharmas are discussed at length in Sukumar Dutt’s volume ‘Early Buddhist Monachism’ (Chapter VI: “The Internal Polity of a Buddhist Sangha,” pp. 113-145 in the revised edition). Strangely enough, we also find an explanation of this class of rules in the Samagama-sutta of the Majjhima Nikaya (Sutta No. 104).
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