Vinaya Pitaka (3): Khandhaka
by I. B. Horner | 2014 | 386,194 words | ISBN-13: 9781921842160
The English translation of the Khandhaka: the second book of the Pali Vinaya Pitaka, one of the three major ‘baskets’ of Therevada canonical literature. It is a collection of various narratives. The English translation of the Vinaya-pitaka (third part, khandhaka) contains many Pali original words, but transliterated using a system similar to the I...
Act of censure
Kd.11.1.1 Vin.2.1 BD.5.1 At one time the Awakened One, the Lord was staying at Sāvatthī in the Jeta Grove in Anāthapiṇḍika’s monastery. Now at that time monks who were followers of Paṇḍuka and Lohitaka[1] and who were themselves makers of strife,[2] makers of quarrels, makers of disputes, makers of contention,[3] makers of legal questions in an Order,[4] having approached other monks who were also makers of strife … makers of legal questions in an Order, spoke thus (to them): “Do not you, venerable ones, let this one defeat[5] you; argue loud and long, for you are wiser and more experienced and have heard more and are cleverer than he is, do not be afraid of him, and we will be on your side.” Because of this, not only did strifes arise which had not arisen before, but also strifes which had arisen rolled on to increase and magnitude.
Kd.11.1.2 Those who were modest monks looked down upon, criticized, spread it about, saying: “How can these monks who are followers of Paṇḍuka and Lohitaka and who are themselves makers of strife, makers of quarrels, makers of disputes, makers of contention, makers of legal questions in an Order, having approached other monks who are also makers of strife … makers of legal questions in an Order, speak thus to them: ‘Do not you … and we will be on your side.’ Because of this … also strifes which had arisen rolled on to increase and magnitude.” Then these monks told this BD.5.2 matter to the Lord. Then the Lord, on this occasion, in this connection, having had the Order of monks convened, questioned the monks, saying: “Is it true, as is said, monks, that monks who are followers of Paṇḍuka and Lohitaka Vin.2.2 are themselves makers of strife … having approached other monks who are also makers of strife … speak thus to them: ‘Do not you … and we will be on your side’? And that because of this … strifes which have arisen roll on to increase and magnitude?”
“It is true, Lord.” The Awakened One, the Lord, rebuked them, saying:
“It is not suitable, monks, it is not becoming in these foolish men, it is not fitting, it is not worthy of a recluse, it is not allowable, it is not to be done. How, monks, can these foolish men who are themselves makers of strife … makers of legal questions in an Order, speak thus: ‘Do not you … and we will be on your side’? And because of this … strifes which have arisen roll on to increase and magnitude. It is not, monks, for pleasing those who are not (yet) pleased nor for increasing the number of those who are pleased, but, monks, it is displeasing to those who are not pleased as well as to those who are pleased, and it causes wavering in some.”
Kd.11.1.3 Then the Lord, having rebuked these monks, having in many a figure spoken in dispraise of difficulty in supporting and maintaining oneself, of great desires, of lack of contentment, of clinging (to the obstructions), of indolence; having in many a figure spoken in praise of ease in supporting and maintaining oneself, of desiring little, of contentment, of expunging (evil), of punctiliousness, of graciousness, of decreasing (the obstructions), of putting forth energy,[6] having given reasoned talk on what is becoming, on what is fitting for them, addressed the monks, saying:
“Well now, monks, let the Order carry out a (formal) act of censure[7] against the monks who are followers of Paṇḍuka and Lohitaka.
Kd.11.1.4 “And thus, monks, should it be carried out; First, the monks who are followers of Paṇḍuka and Lohitaka should be reproved; having reproved them, they should be made to BD.5.3 remember; having remembered, they should be accused of an offence; having accused them of an offence, the Order should be informed by an experienced, competent monk, saying: ‘Honoured sirs, let the Order listen to me. These monks who are followers of Paṇḍuka and Lohitaka and who are themselves makers of strife … makers of legal questions in an Order, having approached other monks who are also makers of strife … makers of legal questions in an Order, spoke thus (to them): “Do not you … and we will be on your side”. Because of this, not only did strifes arise which had not arisen before, but also strifes which had arisen rolled on to increase and magnitude. If it seems right to the Order, the Order may carry out a (formal) act of censure against the monks who are followers of Paṇḍuka and Lohitaka. This is the motion. Honoured sirs, let the Order listen to me. These monks who are followers of Paṇḍuka and Lohitaka and who are themselves makers of strife … rolled on to increase and magnitude. The Order is carrying out a (formal) act of censure against the monks who are followers of Paṇḍuka and Lohitaka. If the carrying out of a (formal) act of censure against the monks who are followers of Paṇḍuka and Lohitaka is pleasing to the venerable ones, they should be silent; he to whom it is not pleasing should speak. And a second time I speak forth this matter … And a third time I speak forth this matter … Honoured sirs, let the Order listen to me. These monks who are followers of Paṇḍuka and Lohitaka and who are themselves makers of strife … he to whom it is not pleasing should speak. A (formal) act of censure against the monks who are followers of Paṇḍuka and Lohitaka is being carried out by the Order. It is pleasing to the Order, therefore it is silent. Thus do I understand this.’ Vin.2.3
Twelve on an act not by rule
Kd.11.2.1 “Monks, if it is possessed of three qualities a (formal) act of censure comes to be not legally valid and not disciplinarily valid and one that is hard to settle: (that is to say) if it is carried out not in the presence of,[8] if it is carried out when there is no interrogation, if it is carried out without the BD.5.4 acknowledgement.[9] Monks, if it is possessed of these three qualities a (formal) act of censure comes to be not legally valid, not disciplinarily valid and one that is hard to settle. And, monks, if it is possessed of three further qualities a (formal) act of censure comes to be one … and one that is hard to settle: (that is to say) if it is carried out when there is no offence, if it is carried out for an offence that does not lead on to confession,[10] if it is carried out for an offence that has been confessed. Monks, if it is possessed of these three qualities a (formal) act of censure … one that is hard to settle. And, monks, if it is possessed of three further qualities a (formal) act of censure comes to be … hard to settle: (that is to say) if it is carried out without having reproved him, if it is carried out without having made him remember, if it is carried out without having accused him of an offence. Monks, if it is possessed of these three qualities a (formal) act of censure comes to be … hard to settle. And, monks, if it is possessed of three further qualities a (formal) act of censure comes to be … one that is hard to settle: (that is to say) if it is carried out not in the presence of, if it is carried out not by rule, if it is carried out by an incomplete assembly. Monks, if it is possessed of these three qualities a (formal) act of censure comes to be … one that is hard to settle. And, monks, if it is possessed of three further qualities a (formal) act of censure comes to be … hard to settle: (that is to say) if it is carried out when there is no interrogation, if it is carried out not by rule, if it is carried out by an incomplete assembly. Monks, if it is possessed of these three qualities a (formal) act of censure comes to be … hard to settle. And, monks, if it is possessed of three further qualities a (formal) act of censure … hard to settle: (that is to say) if it is carried out without the acknowledgement, if it is carried out not by rule, if it is carried out by an incomplete assembly … if it is carried out when there is no offence, if it is carried out not by rule, if it is carried out by an incomplete assembly … if it is carried out for an offence that does not lead on to confession, if it is carried out not by BD.5.5 rule, if it is carried out by an incomplete assembly … if it is carried out for an offence that has been confessed, if it is carried out not by rule, if it is carried out by an incomplete assembly … if it is carried out without having reproved him, if it is carried out not by rule, if it is carried out by an incomplete assembly … if it is carried out without having made him remember, if it is carried out not by rule, if it is carried out by an incomplete assembly … if it is carried out without having accused him of an offence, if it is carried out not by rule, if it is carried out by an incomplete assembly. If, monks, a (formal) act of censure is possessed of these three qualities it comes to be not legally valid and not disciplinarily valid and one that is hard to settle.”
Kd.11.2.2 Told are the Twelve Cases of (Formal) Acts that are not legally valid.
Twelve on an act by rule
Kd.11.3.1 “Monks, if it is possessed of three qualities a (formal) act of censure comes to be a (formal) act that is legally valid and a (formal) act that is disciplinarily valid and one that is easily settled: (that is to say) if it is carried out in the presence of, if it is carried out when there is interrogation, if it is carried out with the acknowledgement. Monks, if it is possessed of these three qualities … easily settled. And, monks, if it is possessed of three further qualities … easily settled: (that is to say) if it is carried out when there is an offence, if it is carried out when there is an offence which leads on to confession, Vin.2.4 if it is carried out when an offence has not been confessed … if it is carried out, having reproved him, if it is carried out, having made him remember, if it is carried out, having accused him of the offence … if it is carried out in the presence of, if it is carried out by rule, if it is carried out by a complete assembly … if it is carried out when there is interrogation, if it is carried out by rule, if it is carried out by a complete assembly … if it is carried out with the acknowledgement, if it is carried out by rule, if it is carried out by a complete assembly … if it is carried out when there is an offence, if it is carried out by rule, if it is carried out by a complete assembly … if it is carried out when there is an offence that leads on to confession, if it is carried out by rule, if it is carried out by a complete assembly … if it is carried BD.5.6 out when an offence has not been confessed, if it is carried out by rule, if it is carried out by a complete assembly … if it is carried out having reproved him, if it is carried out by rule, if it is carried out by a complete assembly … if it is carried out having made him remember, if it is carried out by rule, if it is carried out by a complete assembly … if it is carried out having accused him of an offence, if it is carried out by rule, if it is carried out by a complete assembly. If, monks, a (formal) act of censure is possessed of these three qualities it comes to be a (formal) act that is legally valid and a (formal) act that is disciplinarily valid and one that is easily settled.
Kd.11.3.2 Told are the Twelve Cases of (Formal) Acts that are legally valid.
Six on desires
Kd.11.4.1 “Monks, if a monk is possessed-of three qualities, an Order, if it so desires, may carry out a (formal) act of censure against him: if he is a maker of strife, a maker of quarrels, a maker of disputes, a maker of contention, a maker of legal questions in an Order; if he is ignorant, inexperienced, full of offences, not rid of them[11]; if he lives in company with householders in unbecoming association with householders.[12] Monks, if a monk is possessed of these three qualities, an Order, if it so desires, may carry out a (formal) act of censure against him. And, monks, if a monk is possessed of three further qualities an Order … against him: if, in regard to moral habit, he comes to have fallen away from moral habit[13]; if, in regard to good habits, he comes to have fallen away from good habits; if, in regard to (right) views, he comes to have fallen away from (right) views. Monks, if a monk is possessed … against him. And, monks, if a monk is possessed of three further qualities, an Order, if it so desires, may carry out a (formal) act of censure against him: if he speaks dispraise of the Awakened One, if he speaks dispraise of dhamma, if he speaks dispraise of the Order. Monks, if a monk is possessed of these three qualities, an Order, if it so desires, may carry out a (formal) act of censure against him.
Kd.11.4.2 Monks, if an Order desires, it may carry out a (formal) act BD.5.7 of censure against three (kinds of) monks: against the one who is a maker of strife … a maker of legal questions in the Order; against the one who is ignorant, inexperienced, full of offences, not rid of them; against the one who lives in company with householders in unbecoming association with householders. Monks, if the Order desires, it may carry out a (formal) act of censure against these three (kinds of) monks. And, monks, if the Order desires, it may carry out … against three further (kinds of) monks: against the one who, in regard to moral habit, comes to have fallen away from moral habit, against the one who, in regard to good habits, comes to have fallen away from good habits, against the one who, in regard to (right) views, comes to have fallen away from (right) views. Monks, if an Order desires … against these three (kinds of) monks. And, monks, if an Order desires, it may carry out … against three further (kinds of) monks: Vin.2.5 against the one who speaks dispraise of the Awakened One, against the one who speaks dispraise of dhamma, against the one who speaks dispraise of the Order. Monks, if an Order desires, it may carry out a (formal) act of censure against these three (kinds of) monks.
Kd.11.4.3 Told are the Six Cases on Being Desirous.
Eighteen duties
Kd.11.5.1 “Monks, when a (formal) act of censure has been carried out against a monk, he should conduct himself properly. This is the proper conduct in this case[14]: he should not ordain, he should not give guidance,[15] a novice should not attend him,[16] the agreement for him to exhort nuns[17] should not be consented to, and even if he is agreed upon nuns should not be exhorted (by him), he should not fall into that (same) offence for which a (formal) act of censure came to be carried out against him by an Order, nor into another that is similar, nor into one that is worse, he should not find fault with the (formal) act,[18] he should not find fault with those who carry out the (formal) act, he should not suspend a regular monk’s Observance,[19] he BD.5.8 should not suspend his Invitation,[20] he should not issue commands,[21] he should not set up authority,[22] he should not ask for leave,[23] he should not reprove,[24] he should not make remember, he should not quarrel[25] with monks”.
Kd.11.5 Told are the Eighteen Observances connected with a (Formal) Act of Censure.
Eighteen cases that should not be revoked
Kd.11.6.1 Then the Order carried out a (formal) act of censure against the monks who were followers of Paṇḍuka and Lohitaka. These, when the (formal) act of censure had been carried out against them by the Order, conducted themselves properly, were subdued, mended their ways, and having approached monks, they spoke thus: “We, your reverences, against whom a (formal) act of censure was carried out by the Order, are conducting ourselves properly, we are subdued, we are mending our ways. Now, what line of conduct should be followed by us?” They told this matter to the Lord. He said: “Well then, monks, let the Order revoke the (formal) act of censure against the monks who are followers of Paṇḍuka and Lohitaka.
Kd.11.6.2 “Monks, if a monk is possessed of five qualities a (formal) act of censure should not be revoked: if he ordains, if he gives guidance, if a novice attends him, if he consents to the agreement for him to exhort nuns, if he exhorts nuns even although agreed upon. Monks, if a monk is possessed of these five qualities a (formal) act of censure should not be revoked. And, monks, if a monk is possessed of five further qualities a (formal) act of censure should not be revoked: if he falls into that (same) offence for which the (formal) act of censure was carried out against him by the Order, or into another that is similar, BD.5.9 or into one that is worse, if he finds fault with the (formal) act, if he finds fault with those who carry out the (formal) act. Monks, if a monk is possessed of these five qualities a (formal) act of censure should not be revoked.
“Monks, if a monk is possessed of eight qualities Vin.2.6 a (formal) act of censure should not be revoked: if he suspends a regular monk’s Observance, if he suspends his Invitation, if he issues commands, if he sets up authority, if he asks for leave, if he reproves, if he makes remember, if he quarrels with monks. Monks, if a monk is possessed of these eight qualities the (formal) act of censure should not be revoked.”
Kd.11.6.3 Told are the Eighteen Cases where (a Formal Act of Censure) should not be revoked.
Eighteen cases that should be revoked
Kd.11.7.1 “Monks, if a monk is possessed of five qualities a (formal) act of censure may be revoked: if he does not ordain, if he does not give guidance, if a novice does not attend him, if he does not consent to the agreement for exhorting nuns, if, although agreed upon, he does not exhort nuns. Monks, if a monk is possessed … may be revoked. And, monks, if a monk is possessed of five further qualities a (formal) act of censure may be revoked: if he does not fall into that (same) offence for which the (formal) act of censure came to be carried out against him, nor into another that is similar, nor into one that is worse, if he does not find fault with the (formal) act, if he does not find fault with those who carry out the (formal) act. Monks, if a monk … may be revoked.
“Monks, if a monk is possessed of eight qualities a (formal) act of censure may be revoked: if he does not suspend a regular monk’s Observance, if he does not suspend his Invitation, if he does not issue commands, if he does not set up authority, if he does not ask for leave, if he does not reprove, if he does not make remember, if he does not quarrel with monks. Monks, if a monk is possessed of these eight qualities the (formal) act of censure may be revoked.”
Told are the Eighteen Cases (where a Formal Act of Censure) may be revoked.
Kd.11.8.1 “And thus, monks, should it be revoked: Those monks who are followers of Paṇḍuka and Lohitaka, having approached the BD.5.10 Order, having (each) arranged the upper robe over one shoulder, having honoured the feet of the senior monks, having sat down on their haunches, having stretched forth their joined palms, should speak thus to it: ‘A (formal) act of censure, honoured sirs, was carried out against us by the Order; but we are conducting ourselves properly, we are subdued, we are mending our ways; and we ask for the revocation of the (formal) act of censure’. And a second time it should be asked for … And a third time it should be asked for … The Order should be informed by an experienced competent monk, saying:
Kd.11.8.2 “‘Honoured sirs, let the Order listen to me. These monks, followers of Paṇḍuka and Lohitaka, against whom a (formal) act of censure was carried out by the Order, are conducting themselves properly, they are subdued, they are mending their ways, Vin.2.7 and they ask for the revocation of the (formal) act of censure. If it seems right to the Order, the Order may revoke the (formal) act of censure for the monks who are followers of Paṇḍuka and Lohitaka. This is the motion. Honoured sirs, let the Order listen to me. These monks, followers of Paṇḍuka and Lohitaka, against whom a (formal) act of censure was carried out by the Order, are conducting themselves properly, they are subdued, they are mending their ways, and they ask for the revocation of the (formal) act of censure. The Order is revoking the (formal) act of censure for the monks who are followers of Paṇḍuka and Lohitaka. If the revocation of the (formal) act of censure for the monks who are followers of Paṇḍuka and Lohitaka is pleasing to the venerable ones, they should be silent; he to whom it is not pleasing should speak. And a second time I speak forth this matter … And a third time I speak forth this matter … should speak. The (formal) act of censure is revoked by the Order for the monks who are followers of Paṇḍuka and Lohitaka. It is pleasing to the Order, therefore it is silent. Thus do I understand this.’”
Told is the First (Formal) Act: that of Censure.
Footnotes and references:
[1]:
These were two out of the group of six monks; cf. Vin.5.8ff. below. See BD.1.275, n.3; BD.1.314, n.2. Mentioned at Vin-a.614; MN-a.iii.187 says that having taken their own company (of followers) they lived in Sāvatthī. The Satapatta Jātaka Ja.279 was, so it is claimed, given in reference to these monks.
[2]:
Cf. Vin.4.45 and see BD.2.253, n.1, for further references to these five terms. Since they all refer to disputes about legal questions, the references given at Vinaya Texts ii.329, n.2, to various Pācittiyas hardly apply. See also BD.4.224, BD.4.230f., BD.4.488f., BD.4.510f.
[3]:
Cf. Vin.4.45 and see BD.2.253, n.1, for further references to these five terms. Since they all refer to disputes about legal questions, the references given at Vinaya Texts ii.329, n.2, to various Pācittiyas hardly apply. See also BD.4.224, BD.4.230f., BD.4.488f., BD.4.510f.
[5]:
mā eso ajesi.
[7]:
tajjaniyakamma. Cf. Kd.1.25.22 and Kd.9.7.1–Kd.9.7.5.
[8]:
See Kd.14.14.16ff., and Kd.9.6.1. Vin-a.vi.1155 says it is not carried out in the presence of the Order, dhamma and discipline, the individual, and is carried out without having reproved him, without having asked him (to consent) and without his having acknowledged it.
[9]:
I.e. of the accused monk.
[10]:
adesanāgāminiya, i.e. a Pārājika or Saṅghādisesa, whose penalties do not include censure or confession.
[11]:
āpattibahulo anapadāno; cf. Vin.1.321 (BD.4.461, n.1).
[12]:
Cf. Vin.4.321–322, and BD.3.207, n.1.
[18]:
I.e. the act of censure, Vin-a.vi.1156.
[19]:
From here to end of Kd.11.5 recurs at Kd.11.27.1 (end). Cf. also Kd.20.20.
[21]:
na savacanīyaṃ kātabbaṃ. Vin-a.1156 says: “I am doing the savacanīya of the venerable ones in this matter, do not go one footstep back from this residence while the legal question is not settled.” The word savacanīya occurs again at Kd.2.1.2. See Vinaya Texts ii.338, n.6; Vinaya Texts ii.386, n.2.
[22]:
anuvāda. Vin-a.1156 says “in a vihāra he should not take the chief place.”
[25]:
sampayojeti, also meaning to associate. Vin-a.1156 gives both meanings, saying: “having joined one another, a quarrel should not be made.” The sense of “to quarrel” here would be of disputing about legal questions. The foregoing prohibitions indicate that a monk undergoing “censure” is not expected to have no dealings with his fellow monks.