Vinaya Texts, Part I · 10 of 14

The Adhikarana-samatha Rules

THE RULES REGARDING THE SETTLEMENT OF CASES.

Here, venerable Sirs, the seven rules regarding the settlement of cases come into recitation.

For the decision and settlement of cases as they from time to time arise, the Proceeding in presence must be performed, or the Proceeding for the consciously innocent, or the Proceeding in the case of those who are no longer out of their mind, or the Proceeding on confession of guilt, or the Proceeding by majority of the chapter, or the Proceeding for the obstinate, or the Proceeding by covering over as with grass.

Insight

The Adhikaraṇa-samatha names seven procedures by which Sangha disputes are settled — face-to-face confrontation, verdict of mindfulness (sati-vinaya) for the recovered, verdict of past insanity (amūḷha-vinaya) for the offender who acted while deranged, acceptance of confession, majority vote (yebhuyyasikā), the verdict of badness for the contumacious, and ‘covering with grass’ (tiṇa-vatthāraka), a procedure for letting an exhausted quarrel die. As a proto-judicial code the section is striking: there is no parallel in any near-contemporary scripture for this density of procedural variety. The Christian comparator that comes closest is the procedural ladder of Matthew 18:15–17 and its development in Benedict chs. 23–30, but the Vinaya’s seven-fold catalogue is more granular.

Venerable Sirs, the seven rules regarding the settlement of cases have been recited.

ln respect of them l ask the venerable ones, ‘Are you pure in this matter?’

A second time I ask the venerable ones, ‘Are you pure in this matter?’

A third time I ask the venerable ones, ‘Are you pure in this matter?’

The venerable ones are pure herein. Therefore do they keep silence. Thus I understand.

Here endeth the recitation of the Adhikarana-samathas.

Venerable Sirs! Recited is the Introduction.

Recited are the four Pârâgika Rules.

Recited are the thirteen Samghâdisesa Rules.

Recited are the two Aniyata Rules.

Recited are the thirty Nissaggiya-Pâkittiya Rules.

Recited are the ninety-two Pâkittiya Rules.

Recited are the four Pâtidesaniya Rules.

Recited are the Sekhiya Rules.

Recited are the seven Adhikarana-samatha Rules.

So much (of the words) of the Blessed One, handed down in the Suttas, embraced in the Suttas, comes into recitation every half month. It behoveth all to train themselves according thereto in concord, in pleasantness, without dispute!

Here endeth the recitation of the Pâtimokkha for the use of the Bhikkhus.