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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Theravāda Collection on Monastic Law The Nuns’ Analysis
The chapter on offenses entailing confession The subchapter on galleries 45. Not resolving a legal issue
Origin story
At one time when the Buddha was staying at Sāvatthī in Anāthapiṇḍika’s Monastery, a certain nun went to the nun Thullanandā and said, “Please come, venerable, and resolve this legal issue.” Thullanandā agreed, but then neither resolved it nor made any effort to do so.
That nun told the nuns what had happened. The nuns of few desires complained and criticized her, “How could Venerable Thullanandā agree to resolve a legal issue, but then neither resolve it nor make any effort to do so?” … “Is it true, monks, that the nun Thullanandā acted like this?”
“It’s true, sir.”
The Buddha rebuked her … “How could the nun Thullanandā act like this? This will affect people’s confidence …” … “And, monks, the nuns should recite this training rule like this:
Final ruling
‘If, when a nun is requested by a nun to resolve a legal issue, she agrees, but then neither resolves it nor makes any effort to resolve it, then, if there were no obstacles, she commits an offense entailing confession.’”
Definitions
A: whoever … Nun: … The nun who has been given the full ordination in unanimity by both Sanghas through a legal procedure consisting of one motion and three announcements that is irreversible and fit to stand—this sort of nun is meant in this case. By a nun: by another nun. A legal issue: there are four kinds of legal issues: legal issues arising from disputes, legal issues arising from accusations, legal issues arising from offenses, legal issues arising from business. To resolve a legal issue: to make a decision on a legal issue. Then, if there were no obstacles: when there is no obstacle. Neither resolves it: she does not resolve it herself. Nor makes any effort to resolve it: she does not ask anyone else.
If, thinking, “I’ll neither resolve it nor make any effort to resolve it,” then, by the mere fact of abandoning her duty, she commits an offense entailing confession.
Permutations
If the other person is fully ordained, and she perceives her as such, and she neither resolves the legal issue nor makes any effort to resolve it, she commits an offense entailing confession. If the other person is fully ordained, but she is unsure of it, and she neither resolves the legal issue nor makes any effort to resolve it, she commits an offense entailing confession. If the other person is fully ordained, but she does not perceive her as such, and she neither resolves the legal issue nor makes any effort to resolve it, she commits an offense entailing confession.
If the other person is not fully ordained, and she neither resolves the legal issue nor makes any effort to resolve it, she commits an offense of wrong conduct. If the other person is not fully ordained, but she perceives her as such, she commits an offense of wrong conduct. If the other person is not fully ordained, but she is unsure of it, she commits an offense of wrong conduct. If the other person is not fully ordained, and she does not perceive her as such, she commits an offense of wrong conduct.
Non-offenses
There is no offense: if there is an obstacle; if she searches, but is unable to find anyone to settle it; if she is sick; if there is an emergency; if she is insane; if she is the first offender.
The fifth training rule is finished.
The “…” is an abbreviation carried over from the Pāli original itself, called peyyāla. The early canon was memorized and recited, so passages repeated verbatim from a preceding discourse were commonly contracted to an elision mark rather than written out in full. Venerable Thích Minh Châu's translation preserves this convention. Some texts therefore look short — but that is the canonical form, not missing content or a truncated translation. The elided passages can be read in full in the preceding discourses of the same chapter.
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