Bi Pc 4545. Not resolving a legal issue
Pāli / Sanskrit:Adhikaraṇa
A nun who agrees to settle a legal issue but then makes no effort to do so must confess the offense.
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SCRIPTURE ON NOT RESOLVING A LEGAL MATTER
Bi Pc 45 — Not Resolving a Legal Matter (Adhikaraṇa)
Background
In the Vinaya Piṭaka of the Theravāda tradition, this rule is recorded in the section of the Bhikkhunī Pātimokkha (the code of ethical conduct for bhikkhunīs — female monastics). The background of this scripture concerns disputes or legal matters (adhikaraṇa) arising within the monastic community of monks and nuns. When female monastics in a monastery have disagreements regarding the Dhamma or regarding transgressions of conduct, they require a mechanism to resolve such matters in a fair and transparent manner.
The arising of disputes is natural within any community of practitioners. In order to maintain harmony and the integrity of the community of training, the Buddha established specific rules for the resolution of disputes. The legal procedures include: Paccattaññū (acknowledgment of fault), Anumati (consent), Tassa Paṭinissagga (relinquishment of a claim), and Yebhuyyasikā (decision by majority).
Main Content
The rule Bi Pc 45 is applied in a specific case: when a female monastic has given her verbal agreement to participate in the process of resolving a legal matter, but subsequently fails to act upon it or makes no effort whatsoever to resolve it. This action — or more precisely, this inaction (paccayaṃ, insufficient effort) — is regarded as a transgression.
The nature of this transgression may be understood as a form of dishonesty or lack of integrity. A bhikkhunī has publicly or semi-publicly committed to participating together in the process of reconciliation, yet proves herself irresponsible by failing to carry out what she had promised. This undermines the trust of the community and weakens the functioning of the Sangha.
The scripture requires the female monastic to confess (paṭidesanā) this transgression. Confession is not merely the act of stating what was done wrong, but is a sincere expression of one's failing and a resolve to correct oneself. According to the rules of the Vinaya Piṭaka, if the female monastic confesses fully, this transgression is classified as a dukkaṭa (an act of wrongdoing).
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