Lzh Dg Bu Vb Pc 66Reopening a Legal Issue

– DHARMAGUPTAKA VINAYA

– PĀCITTIYA

66. REOPENING A DISPUTE

A. ORIGIN

At one time, the Buddha was dwelling in the Anāthapiṇḍika Garden, Jeta's Grove, in the city of Sāvatthī. At that time, the group of six monks stirred up again a dispute after it had already been lawfully settled, saying: "You did not examine it well, so it does not constitute a proper examination; you did not resolve it well, so it does not constitute a proper resolution; you did not settle it well, so it does not constitute a proper settlement. Because of this, disputes that had not yet arisen in the Sangha have been caused to arise, and disputes that have already arisen cannot be extinguished."

At that time, the monks thought: "Why have disputes that had not yet arisen in the Sangha been caused to arise, and disputes that have already arisen cannot be extinguished?"

The monks investigated and understood that it was because the group of six monks had stirred up again a dispute after it had already been lawfully settled, saying: "You did not examine it well, so it does not constitute a proper examination; you did not resolve it well, so it does not constitute a proper resolution; you did not settle it well, so it does not constitute a proper settlement. Because of this, disputes that had not yet arisen in the Sangha have been caused to arise, and disputes that have already arisen cannot be extinguished."

Among the monks who heard of this, there were those of few desires, who were content, who practiced the ascetic virtues, who were fond of training in the precepts, who knew shame and remonstrated against the group of six monks:

"Why do you stir up again a dispute after it has already been lawfully settled, saying: 'You did not examine it well, so it does not constitute a proper examination; you did not resolve it well, so it does not constitute a proper resolution; you did not settle it well, so it does not constitute a proper settlement. Because of this, disputes that had not yet arisen in the Sangha have been caused to arise, and disputes that have already arisen cannot be extinguished'?"

The monks went to where the Blessed One was, paid homage at his feet, and sat to one side. They fully reported this matter to the Blessed One. The Blessed One thereupon, on account of this matter, convened an assembly of the Sangha of monks and rebuked the group of six monks:

"What you have done is wrong. It is not proper conduct, not the conduct of a śramaṇa, not pure practice, not fitting behavior — it is something that should not be done. Why do you stir up again a dispute after it has already been lawfully settled, saying: 'You did not examine it well, so it does not constitute a proper examination; you did not resolve it well, so it does not constitute a proper resolution; you did not settle it well, so it does not constitute a proper settlement. Because of this, disputes that had not yet arisen in the Sangha have been caused to arise, and disputes that have already arisen cannot be extinguished'?"

After rebuking the group of six monks with numerous means, the Blessed One addressed the monks:

"These foolish ones are a field where many seeds of the defiled are sown; they are the first to commit this offense. From this day forward, I shall establish a precept for the monks, for ten reasons, up to and including the reason that the true Dharma may long endure."

The precept should be stated as follows:

Whatever monk, after a dispute has been lawfully settled, then stirs it up again — pācittiya.

The Blessed One established the precept for the monks in this way. At that time, some monks did not know whether a dispute had been lawfully settled or not lawfully settled; only afterward did they come to know that it had been lawfully settled, and so some performed the pācittiya confession, while others were in doubt. The Buddha instructed:

"If one did not know, there is no offense."

From this day forward, the precept shall be established as follows:

Whatever monk, knowing that a dispute has been lawfully settled, then stirs it up again — pācittiya.

B. ANALYSIS OF THE PRECEPT

Monk: as explained above.

Lawfully: That is, in accordance with the Dharma, in accordance with the Vinaya, in accordance with the Buddha's teaching.

Dispute: There are four kinds — disputes over words, disputes over seeking faults, disputes over offenses, and disputes over matters of procedure.

If that monk, knowing that a dispute has been lawfully settled, then stirs it up again, saying: "It was not properly examined, so it does not constitute a proper examination. It was not properly resolved, so it does not constitute a proper resolution. It was not properly settled, so it does not constitute a proper settlement" — if spoken clearly, he commits pācittiya; if spoken unclearly, he commits dukkaṭa. Setting aside this particular dispute, if he revives any other subsequent disputes involving abuse and quarreling, all such cases constitute dukkaṭa. If one revives a dispute of one's own, it is dukkaṭa.

Apart from monks and nuns, if other persons quarrel and abuse one another and afterward the matter is revived, it is dukkaṭa.

If one examines, with the perception that one is examining — pācittiya. If one examines but is in doubt — dukkaṭa. If there is no proper examination, yet one perceives there to be a proper examination — dukkaṭa. If there is no proper examination and one is in doubt — dukkaṭa.

For a bhikkhunī — pācittiya. For a sikkhāmānā, a sāmaṇera, or a sāmaṇerī — dukkaṭa. These are the offenses.

Non-offenses: If one did not previously know; or if there is a proper examination but one perceives there to be no proper examination; or if in truth there was no proper examination so it did not constitute a proper examination, no proper resolution so it did not constitute a proper resolution, no proper settlement so it did not constitute a proper settlement, and one then says: "There was no proper examination, up to and including there was no proper settlement"; or if one speaks in jest; or if one speaks hastily; or if one speaks while dreaming; or if intending to speak of one matter one mistakenly speaks of another — in all such cases there is no offense.

Persons who do not commit an offense: one who commits an offense for the first time before the precept has been established; one who is insane; one whose mind is disturbed; one afflicted with pain; one who is oppressed.

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

Chinese translation: Tripiṭaka masters Buddhayaśas and Zhu Fonian.

Edited and annotated by: Bhikkhu Thích Nguyên Chứng.

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

Buddhist Publication Committee, 2002.