Lzh Dg Bi Vb Ss 4Litigious

– DHARMAGUPTAKA VINAYA

– SAṄGHĀDISESA

4. LITIGATION

A. ORIGIN STORY

At one time, the Blessed One was dwelling in the Anāthapiṇḍika Garden, Jeta's Grove, in the country of Śrāvastī. At that time, there were bhikkhunīs living in a forest dwelling. In that place, a householder had built a monastery and offered it to the Saṅgha of bhikkhunīs to reside in.

After some time had passed, something unpleasant occurred for the bhikkhunīs at the forest dwelling. The bhikkhunīs abandoned this monastery and departed. When the householder passed away, his son came and plowed the land of the monastery. The bhikkhunīs, upon seeing this, said:

"This land belongs to the Saṅgha; do not plow it."

The son of the householder replied:

"That is true! When my father was still alive, he built this monastery and offered it to the Saṅgha of bhikkhunīs. The Saṅgha of bhikkhunīs departed. My father passed away. Now I am plowing it to cultivate crops—should I simply leave the land empty?"

Having said this, the son of the householder continued to plow. The bhikkhunīs went to the magistrates to bring a lawsuit.

At that time, the magistrates summoned the son of the householder. Acting in accordance with the law, they adjudicated and confiscated the property of the householder's son, making it over to the officials.

Upon hearing this, among the bhikkhunīs there were those of few desires and contentment, who practiced the ascetic disciplines, who were fond of training in the precepts, who were conscientious and had a sense of shame. These bhikkhunīs reproached that bhikkhunī: "How could a bhikkhunī go to the magistrates to bring a lawsuit against the son of a householder, causing the magistrates to confiscate his property?"

The bhikkhunīs reported this to the bhikkhus, and the bhikkhus went and reported it to the Buddha. The Buddha, on account of this cause and condition, assembled the Saṅgha of bhikkhus and reproached that bhikkhunī:

"What you have done is wrong, unbecoming, not in accordance with the conduct of a samaṇa, not pure conduct, not proper behavior—you have done what should not be done. How could a bhikkhunī go before the magistrates to bring a lawsuit?"

After the Blessed One had reproached that bhikkhunī with countless skillful means, he said to the bhikkhus:

"This bhikkhunī is a field that plants many seeds of defilement; she is the first to commit this offense. From now on, I shall set forth a rule for the bhikkhunīs, consisting of ten clauses, down to the clause on the long endurance of the true Dharma."

Wishing to recite the rule, one should recite it thus:

Whatever bhikkhunī brings a lawsuit against another person—whether a householder, the son of a householder, a servant, or a hired worker—whether by day or by night, even for a moment, even for the snap of a finger, even for an instant—that bhikkhunī, at the first offense, commits a saṅghādisesa, and is subject to mānatta.

The Blessed One set forth this rule for the bhikkhunīs in this way. At that time, a junior queen of King Prasenajit of the country of Kosala had built a monastery and offered it to the bhikkhunīs. That bhikkhunī received it, resided there for a time, and then departed to wander among the people. The junior queen of the king, upon hearing that the bhikkhunī had abandoned the monastery and was wandering among the people, quickly transferred this monastery and offered it to a female brahmin renunciant. That bhikkhunī, upon hearing this, thought: "I had only gone away briefly, and she has hastily given my monastery to someone else." The bhikkhunī then returned to the monastery and said to the female brahmin renunciant:

"Move out! Why are you dwelling in my monastery?"

The female brahmin renunciant said:

"This monastery was indeed originally yours! The donor built it for you, but you abandoned it and went wandering among the people, and that donor has given it to me. Now I cannot leave."

That bhikkhunī, in anger, pushed and dragged the female brahmin renunciant, ordering her to leave.

At that time, the female brahmin renunciant went to the magistrates to file a complaint. The magistrates summoned the bhikkhunī. The bhikkhunī was uncertain and did not dare to go, thinking to herself: "The Blessed One has laid down a rule that one must not go before the magistrates in litigation."

The bhikkhunīs reported this to the bhikkhus. The bhikkhus went and reported it to the Blessed One. The Blessed One said to the bhikkhus:

"From now on, if one is summoned by the magistrates, one must go."

The bhikkhunī then went before the magistrates. The magistrates asked:

"Venerable one, what is the matter? Speak clearly."

That bhikkhunī replied:

"All land belongs to the king. Household affairs belong to the householder. The rooms belong to the donor. Beds, seats, and furnishings likewise. Repairing rooms and making them a dwelling place for the Saṅgha generates great merit. Why is this? Because the donor offered it, I was able to dwell there."

The magistrates questioned her, saying:

"As the venerable one has said, 'All land belongs to the king. Household affairs belong to the householder. The rooms belong to the donor. Beds, seats, and furnishings likewise. Repairing rooms and making them a dwelling place for the Saṅgha generates great merit. Why is this? Because the donor offered it, I was able to dwell there'—in that case, this monastery should now be handed over to the female brahmin renunciant to dwell in."

The bhikkhus went and reported this to the Blessed One. The Blessed One said to the bhikkhus:

"This bhikkhunī did not speak skillfully. The magistrates also did not resolve the matter skillfully. Why is this? The first offering was in accordance with the Dharma; the second offering was not in accordance with the Dharma." King Prasenajit, upon hearing that the bhikkhunī had spoken thus, that the magistrates had resolved the matter thus, and that the Blessed One had taught thus, the king imposed a penalty and confiscated all the property of the magistrates, depositing it into the royal treasury.

The bhikkhus heard this and went to report it to the Blessed One. The Blessed One said to the bhikkhus: From now on, the rule should be recited thus:

Whatever bhikkhunī goes before the magistrates to bring a lawsuit against a householder, the son of a householder, a servant, or a hired worker—whether by day or by night, even for an instant, even for the snap of a finger, even for a moment—that bhikkhunī, at the first offense, commits a saṅghādisesa, and is subject to mānatta.

B. THE CHARACTERISTICS OF THE OFFENSE

Bhikkhunī: the meaning is as given above.

Bringing a lawsuit against one another: going before the magistrates to argue about right and wrong.

Householder: one who has not gone forth.

Son: one born of a householder.

Servant: either hired, or born within the household.

Hired worker: one paid to perform work.

Female brahmin renunciant: a woman who has gone forth outside this Dharma.

If a bhikkhunī brings a lawsuit against another person—whether a householder, the son of a householder, a servant, or a hired worker—whether by day or by night, even for an instant, even for the snap of a finger, even for a moment—and, like the female brahmin renunciant, goes before the magistrates to present the matter, and the magistrates proceed to render a decision: the bhikkhunī commits a saṅghādisesa. If she merely speaks by mouth without having it recorded in writing, the bhikkhunī commits a thullaccaya.

A bhikkhu: dukkaṭa. A sikkhāmānā, a sāmaṇera, a sāmaṇerī: dukkaṭa. These are said to be offenses.

Non-offense: if one is summoned; or if there is a matter requiring one to petition; or if one is taken away by force; or if one is bound and led there; or in cases of danger to life or danger to the brahmacariyā—even though one speaks, if one does not file a formal report with the magistrates, there is no offense.

Those who do not commit an offense: the first offender when the rule had not yet been laid down; one who is deranged, mentally disturbed, or overcome by extreme pain.

Vietnamese translation: Bhikkhu Thích Đỗng Minh and Thích Đức Thắng. DHARMAGUPTAKA VINAYA, PART ONE

Chinese translation: Tripiṭaka masters Buddhayaśas and Zhu Fonian.

Revised and annotated by: Bhikkhu Thích Nguyên Chứng

(Chinese translation, fascicles 1–21; Vietnamese translation, volumes 1–2)

Buddhist Studies Editorial Committee, 2002