Lzh Dg Bi Vb Ss 17Getting Angry Over a Legal Issue
Pāli / Sanskrit:Adhikaraṇakupita
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– DHARMAGUPTAKA VINAYA
– SAṄGHĀDISESA
17. FALSELY ACCUSING THE SANGHA OF PARTIALITY
A. ORIGIN
At one time, the Buddha was dwelling in the Ghositārāma, at Kauśāmbī. At that time, there was a bhikkhunī named Kāḷī, who was fond of quarreling. Having not carefully heeded the settlement of a legal case, she then spoke angrily, saying: "The Sangha is partial, the Sangha is hateful, the Sangha is fearful, the Sangha is ignorant."
The bhikkhunīs heard this, and among them were those of few desires and contentment, who practiced the dhūta qualities, who were fond of training in the precepts, who knew shame, and they reproached bhikkhunī Kāḷī: "Why are you fond of quarreling; having not carefully heeded the settlement of a legal case, you then spoke angrily, saying: 'The Sangha is partial, the Sangha is hateful, the Sangha is fearful, the Sangha is ignorant'?"
The bhikkhunīs came and reported this to the bhikkhus. The bhikkhus came and reported it to the Blessed One. The Blessed One, on account of this matter, assembled the Sangha of bhikkhus and rebuked bhikkhunī Kāḷī:
"What you have done is wrong, not in accordance with proper conduct, not in accordance with the practice of a śramaṇa, not in accordance with pure conduct, not in accordance with proper behavior — you have done what should not be done. Why are you fond of quarreling; having not carefully heeded the settlement of a legal case, you then spoke angrily, saying: 'The Sangha is partial, the Sangha is hateful, the Sangha is fearful, the Sangha is ignorant'?"
The Blessed One having rebuked her with countless expedient means, said to the bhikkhus:
"From this day forward, I permit the Sangha to carry out an act of censure for bhikkhunī Kāḷī so that she abandons this matter, by means of a formal act of proclamation with three repetitions (ñatticatuttha-kamma). Regarding the above matter, the proclamation is to be made thus:
"'Reverend Sisters of the Sangha, please listen! This bhikkhunī Kāḷī is fond of quarreling; having not carefully heeded the settlement of a legal case, she then spoke angrily, saying: "The Sangha is partial, the Sangha is hateful, the Sangha is fearful, the Sangha is ignorant." If it is agreeable to the Sangha, the Sangha consents that the Sangha now confers upon bhikkhunī (Kāḷī)… the act of censure so that she abandons this matter, saying: "Reverend Sister! You should not be fond of quarreling, not carefully heeding the settlement of a legal case, and then speaking angrily, saying: 'The Sangha is partial, the Sangha is hateful, the Sangha is fearful, the Sangha is ignorant.' It is you yourself who are partial, hateful, fearful, and ignorant."' This is the proclamation.
"'Reverend Sisters of the Sangha, please listen! This bhikkhunī Kāḷī is fond of quarreling; having not carefully heeded the settlement of a legal case, she then spoke angrily, saying: "The Sangha is partial, the Sangha is hateful, the Sangha is fearful, the Sangha is ignorant." The Sangha now confers upon bhikkhunī (Kāḷī)… the act of censure so that she abandons this matter. "You!
You should not be fond of quarreling, not carefully heeding the settlement of a legal case, and then speaking angrily, saying: 'The Sangha is partial, the Sangha is hateful, the Sangha is fearful, the Sangha is ignorant.' It is you yourself who are partial, hateful, fearful, and ignorant." Those reverend sisters who consent to the Sangha conferring upon the bhikkhunī this act of censure so that she abandons this matter, please remain silent.
Those who do not consent, please speak. This is the first recitation of the formal act.'" (The second and third recitations are spoken in the same way.)
"'The Sangha has consented to conferring upon bhikkhunī Kāḷī the act of censure so that she abandons this matter. The Sangha's consent is expressed by silence. I record this matter thus.'"
Having conferred upon bhikkhunī Kāḷī the act of censure by means of the formal act of proclamation with three repetitions, the bhikkhunīs reported this to the bhikkhus, and the bhikkhus reported it to the Buddha on account of this matter. The Buddha instructed:
"If there is any bhikkhunī like this, the Sangha of bhikkhunīs shall likewise confer upon her the formal act of censure by proclamation with three repetitions.
"From this day forward, I shall establish a training rule for the bhikkhunīs, consisting of ten clauses, up to and including the clause for the long abiding of the true Dharma."
Wishing to recite the rule, it should be spoken thus:
Whatever bhikkhunī, being fond of quarreling, having not carefully heeded the settlement of a legal case, then speaks angrily, saying: "The Sangha is partial, the Sangha is hateful, the Sangha is fearful, the Sangha is ignorant" — the bhikkhunīs should admonish that bhikkhunī, saying: "Reverend Sister! You should not be fond of quarreling, not carefully heeding the settlement of a legal case, and then speaking angrily, saying: 'The Sangha is partial, the Sangha is hateful, the Sangha is fearful, the Sangha is ignorant.' It is you yourself who are partial, hateful, fearful, and ignorant."
When the bhikkhunīs admonish her and she still stubbornly refuses to desist, the bhikkhunīs should admonish her up to three times; if she desists, that is good. If she does not desist, that bhikkhunī incurs three saṅghādisesa offenses requiring expiation.
B. ANALYSIS OF THE RULE
Bhikkhunī: as explained above.
Quarreling: there are four kinds: dispute over words (vādādhikaraṇa), dispute over censure (anuvādādhikaraṇa), dispute over offenses (āpattādhikaraṇa), and dispute over formal acts (kiccādhikaraṇa).
Sangha: united in a single formal act, united in a single recitation of the Pātimokkha.
A bhikkhunī who is fond of quarreling, who does not carefully heed the matter, and who after quarreling speaks angrily, saying: "The Sangha has partiality (chanda), has hatred (dosa), has fear (bhaya), has delusion (moha)" — the bhikkhunīs should admonish that bhikkhunī: "Reverend Sister! You should not be fond of quarreling, not carefully heeding the settlement of a legal case, and then speaking angrily, saying: 'The Sangha is partial, the Sangha is hostile, the Sangha is fearful, the Sangha is ignorant.' In truth, the Sangha has no partiality, no hostility, no fear, no ignorance. Reverend Sister, you should abandon this matter; do not let the Sangha have to censure you and thereby incur a grave offense."
If she heeds this, that is good. If not, the proclamation should be made. After the proclamation has been made, one should say: "I have made the proclamation; there are still the formal acts to come. You should abandon this matter; do not let the Sangha have to censure you and thereby incur a grave offense."
If she heeds this, that is good. If not, the first formal act should be performed. After the first formal act, one should say: "I have performed the first formal act; there are still two more formal acts to come. You should abandon this matter; do not let the Sangha have to censure you and thereby incur a grave offense."
If she heeds this, that is good. If not, the second formal act should be performed. After the second formal act has been performed, one should also say: "I have performed the second formal act; there is still one more formal act to come. You should abandon this matter; do not let the Sangha have to censure you and thereby incur a grave offense."
If she heeds this, that is good. If not, after the third formal act has been performed, she incurs a saṅghādisesa. If she desists after the second formal act, she incurs three thullaccaya offenses. If she desists after the first formal act, she incurs two thullaccaya offenses. If she desists after the proclamation, she incurs one thullaccaya offense. If she desists before the proclamation is completed, she incurs a dukkaṭa offense. Prior to the proclamation, if she is fond of quarreling, does not carefully heed the settlement of the legal case, and then speaks angrily, saying: "The Sangha has chanda, has dosa, has bhaya, has moha" — all of these incur dukkaṭa offenses.
If a bhikkhunī is fond of disputes, and when the Sangha is about to perform the formal act of censure, a bhikkhu says: "Do not desist!" — if the Sangha has already performed the formal act of censure, that bhikkhu incurs a thullaccaya offense; if the censure has not yet been performed, he incurs a dukkaṭa offense. If a bhikkhunī says: "Do not desist!" — after the Sangha has performed the censure, that bhikkhunī incurs a thullaccaya offense; if the censure has not yet been performed, she incurs a dukkaṭa offense. Apart from bhikkhus and bhikkhunīs, if anyone instructs others, saying: "Do not desist!" — all such persons incur dukkaṭa offenses.
For a bhikkhu, a dukkaṭa offense. For a sikkhāmānā, a sāmaṇera, or a sāmaṇerī, a dukkaṭa offense. These are called offenses.
Non-offense: if she desists immediately upon being spoken to for the first time. Or if the censure is unlawful and performed by a separate group, or lawful but performed by a separate group, or seemingly lawful but performed by a separate group, or unlawful and performed by a unified group, or performed by a separate group, or seemingly lawful and performed by a separate group, or seemingly lawful and performed by a unified group, or if it is not in accordance with the Dharma, not in accordance with the Vinaya, not in accordance with the Buddha's teaching. Or if no formal act of censure is performed at all — there is no offense.
Those who do not offend: one who commits an offense for the first time before the rule has been established; one who is insane, of disturbed mind, or afflicted and overwhelmed by pain.
Vietnamese translation: Bhikkhu Thích Đỗng Minh and Thích Đức Thắng. DHARMAGUPTAKA VINAYA, PART ONE
Chinese translation: Tripiṭaka Buddhayaśas and Zhu Fonian.
Revised and annotated: Bhikkhu Thích Nguyên Chứng
(Chinese translation, fascicles 1–21; Vietnamese translation, volumes 1 and 2)
Buddhist Studies Editorial Board, 2002
Prepared for SuttaCentral by Ayya Vimala.
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