Lzh Dg Bu Vb Ss 2Physical Contact

– FOUR-PART VINAYA

– SAṄGHĀVAŚEṢA

2. PHYSICAL CONTACT WITH A WOMAN

A. ORIGIN OF THE RULE

The Buddha was dwelling in the country of Śrāvastī. At that time, Kāludāyin, having heard that the Buddha had established a precept forbidding the manipulation of the genitals to cause ejaculation, took a door-bolt in his hand, stood outside the door, and waited for women—the wives of householders and young girls—to pass by. He would say:

"Come, miss, you may enter the room and look around."

When they entered the room, Kāludāyin would grasp their hands, fondle them, and kiss them. Those who were pleased would laugh and go along with what he did. Those who were displeased became angry, scolded him, left the room, and said to the bhikkhus:

"Venerable ones, you should know that this is something unwholesome, unlawful, unseemly, and untimely! I always thought that this was a place of safety, free from troubles, free from calamities, free from fear. Yet here in this very place I have encountered calamity and fear. It has always been said that water can extinguish fire; yet now fire arises within the water. Kāludāyin brought us into the room, then grasped our hands, pulled us, fondled us, and kissed us. Even when our own husbands do such things—pulling and holding us within the room—we still find it difficult to accept. How much more so when a renunciant, a son of the Śākyas, behaves in this way!"

At that time, the bhikkhus who heard this—among them those of few desires and contentment, who lived by the dhūta practices, were eager to train in the precepts, and who knew shame and remorse—rebuked Kāludāyin, saying:

"The Blessed One has established a precept forbidding the manipulation of the genitals to cause ejaculation. Why then do you take a door-bolt, stand before the door waiting for women or wives of householders to enter the room to look around, and then fondle and kiss them?"

Having rebuked him thus, they went to where the Blessed One was, prostrated themselves at the feet of the Buddha, sat to one side, and reported the whole matter fully to the Blessed One. The Blessed One, on account of this matter, convened the bhikkhus. Knowing already, he nonetheless asked:

"Kāludāyin! Did you truly do such a thing?"

Kāludāyin replied:

"Blessed One, it is indeed as reported."

Thereupon, the Blessed One rebuked Kāludāyin:

"What you have done is wrong—it is not proper conduct, it is not the practice of a renunciant, it is not pure conduct, it is not befitting behavior; it is something that should not be done."

Having rebuked him with countless means of instruction, the Blessed One then said to the bhikkhus:

"This foolish person is a field in which many seeds of defilement are planted, and he is the first to commit this offense. From this day forward, I shall establish a precept for the bhikkhus, comprising ten principles of meaning, up to and including: so that the true Dharma may endure long."

Wishing to proclaim the precept, it should be proclaimed as follows:

B. THE PRECEPT

Should any bhikkhu, with lustful intent, make bodily contact with a woman—whether grasping her hand, grasping her hair, or touching any part of her body—it is a saṅghāvaśeṣa.

C. EXPLANATION OF TERMS

Bhikkhu: as explained above.

Lustful intent: the mind defiled by craving.

Woman: as described above.

Body: from the hair down to the feet.

Bodily contact with one another: stroking and grasping, massaging all over, pulling, pushing, rubbing upward, rubbing downward, lifting up, setting down, gripping, squeezing, or pressing firmly.

Stroking and grasping: rubbing and chafing the front or back of the body.

Pulling: drawing toward oneself.

Pushing: pushing one another.

Rubbing upward: rubbing from below upward.

Rubbing downward: rubbing from above downward.

Lifting up: embracing and raising up.

Setting down: while standing, embracing and causing to sit down.

Gripping: pressing the front, pressing the back, pressing the breasts, pressing the thighs.

Squeezing: squeezing the front, squeezing the back, squeezing the breasts, or squeezing the thighs.

All of these constitute saṅghāvaśeṣa.

C. CHARACTERISTICS OF THE OFFENSE

If one perceives a woman as a woman; a woman touches the body of a bhikkhu and the two bodies make contact with one another; the bhikkhu, with lustful and defiled intent, experiences a sensation of pleasure upon contact—saṅghāvaśeṣa.

A woman arises with the perception of a woman. That woman touches with her hand; the bhikkhu moves his body, with lustful and defiled intent, and experiences a sensation of pleasure upon contact—saṅghāvaśeṣa. Likewise, up to and including gripping and squeezing. If there is doubt as to whether it is a woman—thullaccaya.

If it is a woman, and the bhikkhu perceives her as a woman; if his body touches the clothing or ornaments worn by that woman, with lustful and defiled intent, and he experiences a sensation of pleasure upon contact—thullaccaya. If it is a woman, and the bhikkhu perceives her as a woman; if his body touches the clothing or ornaments worn by that woman, with lustful and defiled intent, and he does not experience a sensation of pleasure upon contact—thullaccaya.

If it is a woman, and the bhikkhu perceives her as a woman; if that woman uses the clothing or ornaments on her body to make contact with the body of the bhikkhu, and the bhikkhu, with lustful and defiled intent, experiences a sensation of pleasure upon contact—thullaccaya. If it is a woman, and the bhikkhu perceives her as a woman; if that woman uses clothing or ornaments to touch the body of the bhikkhu, and the bhikkhu, with lustful and defiled intent, does not experience a sensation of pleasure upon contact—thullaccaya.

If it is a woman, and the bhikkhu perceives her as a woman; if he uses his body to touch the clothing or ornaments of the woman, with lustful and defiled intent, moves his body, but does not experience a sensation of pleasure upon contact—thullaccaya. If it is a woman, and the bhikkhu perceives her as a woman; if the bhikkhu uses his body to touch the clothing or ornaments of the woman, with lustful and defiled intent, does not move his body, but experiences a sensation of pleasure upon contact—thullaccaya.

If it is a woman, and the bhikkhu perceives her as a woman; if that woman uses the clothing or ornaments on her body to make contact with the body of the bhikkhu, and the bhikkhu, with lustful and defiled intent, moves his body, but does not experience a sensation of pleasure upon contact—thullaccaya. A woman; the bhikkhu perceives her as a woman; that woman uses the clothing or ornaments on her body to make contact, and the bhikkhu, with lustful and defiled intent, even without moving his body—thullaccaya.

A woman; the bhikkhu perceives her as a woman; the two bodies make contact with one another, with lustful and defiled intent, and a sensation of pleasure upon contact is experienced, even without moving his body—thullaccaya. Likewise, gripping, stroking, up to and including pressing and squeezing—all are thullaccaya. If it is a woman and there is doubt—duṣkṛta.

A woman; the bhikkhu perceives her as a woman; uses the clothing on his body to make contact with the clothing or ornaments on her body, with lustful and defiled intent, and experiences a sensation of pleasure upon contact—duṣkṛta. A woman; the bhikkhu perceives her as a woman; uses the clothing on his body to make contact with the clothing or ornaments on her body, with lustful and defiled intent, even without experiencing a sensation of pleasure upon contact—duṣkṛta.

A woman; the bhikkhu perceives her as a woman; uses the clothing on his body to make contact with the clothing or ornaments on her body, with lustful and defiled intent, even without experiencing a sensation of pleasure upon contact—duṣkṛta. A woman; the bhikkhu perceives her as a woman; uses the clothing on his body to make contact with the clothing or ornaments on her body, with lustful and defiled intent, even without experiencing a sensation of pleasure upon contact, but moving his body—duṣkṛta.

A woman; the bhikkhu perceives her as a woman; uses the clothing on his body to make contact with the clothing or ornaments on her body, with lustful and defiled intent, experiences a sensation of pleasure upon contact, even without moving his body—duṣkṛta. A woman; the bhikkhu perceives her as a woman; uses the clothing on his body to make contact with the clothing or ornaments on her body, with lustful and defiled intent, does not experience a sensation of pleasure upon contact, and does not move his body—duṣkṛta.

A woman; the bhikkhu perceives her as a woman; uses the clothing on his body to make contact with the clothing or ornaments on her body, with lustful and defiled intent, experiences a sensation of pleasure upon contact, and moves his body—duṣkṛta. Up to and including pressing and squeezing—all are duṣkṛta. If it is a woman and there is doubt—duṣkṛta.

If a bhikkhu and a woman make bodily contact with one another, each instance of contact constitutes one saṅghāvaśeṣa. The offense corresponds in number to the frequency of contact. With a female nāga, a female hungry ghost, or a female animal capable of changing form—if the two bodies make contact with one another, it is duṣkṛta. If bodily contact is made with a male—duṣkṛta. If bodily contact is made with a paṇḍaka—thullaccaya. If a woman, while paying respects, grasps the feet of a bhikkhu, and the bhikkhu feels pleasure from the contact but does not move his body—duṣkṛta. If a bhikkhu, with lustful intent, touches a robe, a bowl, a sitting cloth, a needle case, a hollow straw, or even his own body—all are duṣkṛta.

Perceiving a woman as a woman—saṅghāvaśeṣa. A woman, with doubt arising—thullaccaya. A woman, perceiving her as not a woman—thullaccaya. Not a woman, perceiving her as a woman—thullaccaya. Not a woman, with doubt arising—thullaccaya.

For a bhikkhunī—pārājika. For a śikṣamāṇā, a śrāmaṇera, or a śrāmaṇerikā—duṣkṛta. These are the characteristics of the offense.

Non-offenses: touching one another when receiving some object; touching one another merely in jest; touching one another when untying (a bond) — these are not offenses.

Those who do not commit an offense: the first offender before the rule was established; one who is mad, mentally deranged, or afflicted with pain and distress.

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

Chinese translation: Tripiṭaka Buddhayaśas and Zhu Fonian.

Revised and annotated: Bhikkhu Thích Nguyên Chứng

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

Buddhist Studies Editorial Board, 2002