Lzh Mg Bu Vb Np 19Bartering

– THE MAHĀSĀṂGHIKA VINAYA

– NISSAGGIYA RULES

– ON THE SECOND SECTION OF THE THIRTY NISSAGGIYA PĀCITTIYA RULES

19. RULE: TRADING.

When the Buddha was residing at the city of Sāvatthī, as described at length above, at that time the group of six bhikkhus purchased various goods such as fresh butter, oil, honey, rock sugar, milk, and sour milk in the marketplace for their own use, and were accordingly reproved by the people, who said: "Why do Samaṇas, sons of the Śākyan, not go on alms round but instead come to the marketplace to buy food to eat? They have entirely abandoned the ways of the Samaṇa — what kind of path is this?"

The bhikkhus then reported the matter to the Blessed One. The Buddha immediately ordered that the group of six bhikkhus be summoned. When they had come, the Buddha asked: "Is it true that you purchased food in the marketplace and were reproached by the people?"

They replied: "It is true, Blessed One."

The Buddha rebuked them: "That is a bad thing, worthy of reproach. Have you not heard me constantly praise few desires and censure many desires? This is not in accord with the Dharma, not in accord with the Vinaya, it is contrary to my teaching, and cannot be used to foster the growth of wholesome qualities."

Thereupon the Buddha commanded all the bhikkhus dwelling at Sāvatthī to assemble together, and for ten benefits he laid down a rule for the bhikkhus — which, even if one has already heard it, must be heard again:

"If a bhikkhu engages in buying and selling goods, he commits a Nissaggiya Pācittiya."

Explanation

—Goods: either one asks the price oneself, or one has another ask the price, or one sets a price oneself, or one has another set a price, or one haggles down the price oneself, or one has another haggle down the price.

—Asking the price oneself: as when one asks, "How much does this item cost?" and they reply, "We will sell it to you for such a price," and then one asks, "May I buy it at that price?" Because the manner of asking is not pure, one commits a Duṣkṛta offense. If one succeeds in purchasing the item, one commits a Nissaggiya offense.

—Having another ask: as when one says, "Go and ask how much they want for that item," or, "If they ask such a price, you should pay them." Because one has caused another to speak impure words in asking, one commits a Duṣkṛta offense. If one succeeds in purchasing that item, one commits a Nissaggiya offense.

—Setting a price: for example, when they ask, "How much do you want for this item?" and one replies, "I will sell it to you for such a price," and the other party says, "I wish to buy it at that price." Because of the impure words spoken in the back-and-forth of bargaining, one commits a Duṣkṛta offense. If one succeeds in selling that item, one commits a Nissaggiya offense.

—Having another set a price: as when one tells a净人 (净人, kappiya-kāraka): "Go and set such a price. If you get that price, sell it." Because impure words are spoken, one commits a Nissaggiya offense.

—Haggling down the price: as when one asks, "How much is this item?" and they reply, "One thousand," and one says, "I will give you eight hundred." If they ask nine hundred, one says, "I will give seven hundred" — and so on down to ten. Because one lowers the price in an impure way in hopes of acquiring another's goods, one commits a Duṣkṛta offense. If one succeeds in purchasing, one commits a Nissaggiya offense.

—Having another haggle down the price: it is the same as above. If one proceeds to purchase goods according to the current market price — whether articles for nighttime use, articles for seven-day use, articles for lifetime use, articles for personal use, heavy articles, impure articles, or articles that are partly pure and partly impure — one commits a Duṣkṛta offense when speaking and a Nissaggiya offense when the purchase is completed. If one inquires about purchasing articles for seven-day use, lifetime use, personal use, heavy articles, or articles that are partly pure and partly impure, the offense at the time of inquiry is the same as that for articles of nighttime use as described above.

In a marketplace where the price of cloth has already been set, if a bhikkhu comes with money to buy cloth, when he places the money on the stall he should say to the stall owner: "This is the payment for that piece of cloth." If he does not say this but simply takes the cloth in silence after placing down the money, he commits a Duṣkṛta offense. If he buys a canopy, a chest, leather shoes, a fan, sugarcane, fish, sour milk, oil, honey, or such articles, the same applies.

In certain countries, buying and selling in the marketplace follows a fixed convention: a buyer simply places money at the spot where the desired item is, and when the stall owner nods, it is understood that the sale is agreed upon. Nevertheless, the bhikkhu when buying must still say: "This is the payment for this item." Whether the stall owner understands or does not understand, he must still say this. If he does not say so but takes the goods in silence, he commits a Duṣkṛta offense.

If an item is worth fifty coins but the stall owner sets the price at one hundred coins, and the bhikkhu says, "I will only give fifty coins," merely wishing to buy it at that price — this is not considered haggling down the price.

If a bhikkhu knows that the person before him is trying to buy a certain item, he must not compete in purchasing it, but should instead ask: "Have you finished?" If they say, "I am still trying to buy it at that price," then the bhikkhu should not interpose and compete with them. If he does buy it, he commits a Duṣkṛta offense. But if the buyer says, "I have given up," then the bhikkhu may say to the stall owner: "I wish to buy that item at that price."

If bhikkhus are exchanging robes and bowls among themselves, they must not act as intermediaries in contention. If they contend, they commit a Duṣkṛta offense. If the previous party has already withdrawn and one then makes the exchange, there is no offense.

If goods are being sold within the Saṃgha community, one may set a price; if the sale is completed, there is no offense.

If one's preceptor or ācārya wishes to purchase something, one must not compete with them. If bhikkhu buys and sells or exchanges with another bhikkhu, speaking impure words in the course of making a purchase, there is no offense. With respect to the ninety-six classes of renunciants, if one speaks impure words in exchange with them and thereby obtains goods, there is no offense.

If a bhikkhu sees someone selling a bowl and thinks, "This bowl is fine; if I take it elsewhere to sell, I will make a profit," and then buys it, he commits a Duṣkṛta offense. On the other hand, if he thinks, "I have this item and no净人, and this is a pure article," then he may buy it without offense. When he arrives at the other place, if his preceptor or ācārya happens to need it, or if he himself becomes ill, or if he wishes to make merit, and he sells it at a good price without seeking personal gain, there is no offense. The same applies to all other articles.

If a bhikkhu, while storing grain, thinks, "This will become valuable later," then when storing it he commits a Duṣkṛta offense, and when he sells it he commits a Nissaggiya offense. If he thinks, "I am afraid that at some point grain prices will be high; at that time I will sell this grain, and thereby I can practice sutra recitation, seated meditation, and the path with peace of mind" — and when that time comes, grain prices indeed rise, and he uses it for eating, or gives it to his preceptor or ācārya, or uses it for making merit, and sells only what remains and makes a profit — there is no offense.

If a bhikkhu stores medicinal herbs thinking, "Later when the price is high I will sell them," he commits a Duṣkṛta offense. When he actually sells them later, he commits a Nissaggiya offense.

If a bhikkhu buys medicine thinking, "Later when illness comes I am afraid the price of medicine will be high and difficult to obtain," but afterward does not fall ill, or after taking the medicine has some left over and sells it for a profit, there is no offense.

If a bhikkhu engages in commerce by hiring potters or carpenters to do work, speaking impure words in doing so, he commits a Duṣkṛta offense. If he hires other craftsmen such as plasterers or painters, it is likewise the same. If he hires horse carts, oxen, donkeys, camels, persons, or boats, it is also the same.

If a bhikkhu is in charge of the monthly duties for the Saṃgha and goes to the marketplace to buy various kinds of milk, oil, rice, beans, barley, vermicelli, wheat flour — if, while seeking to purchase these things, he speaks impure words, he commits a Duṣkṛta offense. Or if he purchases milk, oil, and the like for his own personal use, speaking impure words, he commits a Duṣkṛta offense. Once the purchase is completed, he commits a Nissaggiya offense.

If a bhikkhu, while in the process of making a purchase, truthfully praises or criticizes items before him, saying, "This one is good, this one is bad, this one is coarse, this one is fine, this one is heavier in weight, this one is lighter, this one smells fragrant, this one smells foul," — there is no offense. If the seller says, "I will give you full measure and weight," the bhikkhu should say: "Sell it at this price and that is all."

If a bhikkhu has received vermicelli or noodles on alms round and has some left over, and takes them to a shop to exchange for milk, oil, or fresh butter, speaking impure words in the transaction, he commits a Duṣkṛta offense. When the exchange is completed, he commits a Nissaggiya Pācittiya.

A bhikkhu must not go to the busy and noisy shops of people in the marketplace to make purchases, but may go to shops with few people and say: "Know that I am purchasing at this price." In all cases, he should speak in this manner.

If a bhikkhu has leftover noodles received on alms round and gives them to someone in exchange for the repair of his footwear, speaking impure words in the arrangement, he commits a Duṣkṛta offense. If, however, he gives the noodles to the person first and afterward they repair his footwear as a matter of course, or if the person repairs the footwear first and afterward he gives them the noodles, there is no offense.

If a bhikkhu uses leftover food from his bowl to hire someone to repair his walking meditation path, and speaks impure words, he commits an offense of Violation of Vinaya (Vītikrama). He should only say: "Be aware of this." If he first gives food and afterward asks them to do the work, or first asks them to do the work and afterward gives them food, there is no offense.

If a donor wishes to assist a bhikkhu and gives money to a shopkeeper, saying: "If Bhikkhu so-and-so comes here each day and needs anything, give it to him as he wishes," then later, when the bhikkhu comes to request something and speaks impure words, there is no offense. If that bhikkhu requests an item that is not available at the stall, and so the shopkeeper gives money to the bhikkhu to go elsewhere to find and purchase it, and the bhikkhu then goes elsewhere to find and purchase what he needs, speaking impure words, when he obtains the item he commits a Nissaggiya Pācittiya offense.

When a bhikkhu comes to a shop, there are four combinations of impure speech and pure speech in ascertaining the price and in taking the item: using impure speech to inquire about the price and pure speech to take; or pure speech to inquire about the price and impure speech to take; or impure speech to inquire about the price and impure speech to take; or pure speech to inquire about the price and pure speech to take.

— Impure speech to inquire about the price, pure speech to take: Such as asking the shopkeeper, "How much is this item? I wish to know its price."

— Pure speech to inquire about the price, impure speech to take: Knowing what price has been set for the item, yet saying, "I wish to buy it at that price."

— Impure speech to inquire about the price, impure speech to take: The item is being offered at a certain price, and he says, "I will buy it at that price."

— Pure speech to inquire about the price, pure speech to take: Knowing the approximate price of the item and purchasing it at exactly that price.

In the two cases of impure speech to inquire about the price with pure speech to take, and pure speech to inquire about the price with impure speech to take, there is an offense of Violation of Vinaya. In the case of impure speech to inquire about the price and impure speech to take, there is a Nissaggiya Pācittiya offense. In the case of pure speech to inquire about the price and pure speech to take, there is no offense. Therefore it is said (as above).

End of Nissaggiya Rule 18

Vietnamese translation: Thích Phước Sơn. MAHĀSĀṂGHIKA VINAYA

Chinese translation: Tripiṭaka Buddhabhadra of India

Together with Śramaṇa Faxian, translated during the Eastern Jin Dynasty

Doctrinal verification: Thích Đỗng Minh