Lzh Sarv Bi Pm Pc 138Legal Issues
Pāli / Sanskrit:Adhikaraṇa
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THE ADHIKARAṆA SUTRA: LEGAL MATTERS IN THE SANGHA
Background
Adhikaraṇa, legal matters, is an important part of the Vinaya Piṭaka in the Theravāda Buddhist tradition. In the early development of the Buddhist Sangha, as the community of bhikkhus and bhikkhunīs expanded, disputes and disagreements concerning learning, belief, or the manner of practicing the Dharma rules were unavoidable. The Buddha therefore instructed his disciples in ways to settle disputes peacefully and justly, based on the Dharma (Dhamma) rather than on personality or power.
This Adhikaraṇa text is recorded in the Saṃghādisesa rules and in the detailed legal sections of the Vinaya Piṭaka. It reflects the transparency and universal character of the Buddhist system of monastic governance, emphasizing that the Sangha is not an authoritarian organization but a community for the Dharma and for the benefit of those who practice the path.
Main Content
Adhikaraṇa identifies four principal ways of resolving legal disputes within the Sangha:
First, Sammukhāvinaya — settlement face to face. The two parties in dispute speak directly with one another about the matter, with other bhikkhus as witnesses, in order to reach agreement based on shared understanding.
Second, Sativinaya — settlement through recollection. One party has a dispute with another, but instead of denying it, the person being reproved acknowledges the wrongful act and repents.
Third, Amūḷhavinaya — settlement through acknowledgement that the act was not due to greed, hatred, and delusion. The person being reproved acknowledges having acted wrongly, but not from evil motives; rather, it was due to weakness or misunderstanding.
Fourth, Yebhuyyasikāvinaya — settlement by a vote of the Sangha. When the three methods above do not bring results, the whole Sangha votes to determine the truth of the matter according to the majority.
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