4. The Section on Settlement

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Previous Chapter 3. The Section on Accumulation

4. The Section on Settlement

1. Verdict in the Presence

185. At that time the Buddha, the Blessed One, was dwelling at Sāvatthī in Jeta's Grove, Anāthapiṇḍika's park. Now at that time the group of six monks were performing legal acts on monks not present - of censure, and of guidance, and of banishment, and of reconciliation, and of suspension. Those monks who were of few wishes, etc. grumbled, criticised, and complained - "How indeed could the group of six monks perform legal acts on monks not present - of censure, and of guidance, and of banishment, and of reconciliation, and of suspension!" Then those monks reported this matter to the Blessed One. Etc. "Is it true, monks, that the group of six monks are performing legal acts on monks not present - of censure, and of guidance, and of banishment, and of reconciliation, and of suspension?" "True, Blessed One." The Buddha, the Blessed One, rebuked him - "Unsuitable, monks, for those foolish men, not becoming, not proper, unbecoming of a recluse, not allowable, not to be done. How indeed could those foolish men, monks, perform legal acts on monks not present - of censure, and of guidance, and of banishment, and of reconciliation, and of suspension! This, monks, is not for the confidence of those without confidence, etc. Having rebuked them, etc. having given a talk on the Teaching, he addressed the monks - A legal act, monks, should not be performed on monks not present - whether of censure, or of guidance, or of banishment, or of reconciliation, or of suspension. Whoever should impose one, there is an offence of wrong-doing.

186. A person who speaks what is not according to the Teaching, many who speak what is not according to the Teaching, a Community that speaks what is not according to the Teaching. A person who speaks what is the Teaching, many who speak what is the Teaching, a Community that speaks what is the Teaching.

The Nonad on the Dark Fortnight

187. A person who speaks what is not according to the Teaching convinces, persuades, looks at, considers carefully, shows, and repeatedly shows a person who speaks what is the Teaching - "This is the Teaching, this is the monastic discipline, this is the Teacher's instruction, take this, like this." Thus this legal case is appeased, it is appeased not by rule, by what resembles a verdict in the presence.

A person who speaks what is not according to the Teaching convinces, persuades, looks at, considers carefully, shows, and repeatedly shows many who speak what is the Teaching - "This is the Teaching, this is the monastic discipline, this is the Teacher's instruction, take this, like this." Thus this legal case is appeased, it is appeased not by rule, by what resembles a verdict in the presence.

A person who speaks what is not according to the Teaching convinces, persuades, looks at, considers carefully, shows, and repeatedly shows a Community that speaks what is the Teaching - "This is the Teaching, this is the monastic discipline, this is the Teacher's instruction, take this, like this." Thus this legal case is appeased, it is appeased not by rule, by what resembles a verdict in the presence.

Many who speak what is not according to the Teaching convince, persuade, look at, consider carefully, show, and repeatedly show a person who speaks what is the Teaching - "This is the Teaching, this is the monastic discipline, this is the Teacher's instruction, take this, like this." Thus this legal case is appeased, it is appeased not by rule, by what resembles a verdict in the presence.

Many who speak what is not according to the Teaching convince, persuade, look at, consider carefully, show, and repeatedly show many who speak what is the Teaching - "This is the Teaching, this is the monastic discipline, this is the Teacher's instruction, take this, like this." Thus this legal case is appeased, it is appeased not by rule, by what resembles a verdict in the presence.

Many who speak what is not according to the Teaching convince, persuade, look at, consider carefully, show, and repeatedly show a Community that speaks what is the Teaching - "This is the Teaching, this is the monastic discipline, this is the Teacher's instruction, take this, like this." Thus this legal case is appeased, it is appeased not by rule, by what resembles a verdict in the presence.

A Community that speaks what is not according to the Teaching convinces, persuades, looks at, considers carefully, shows, and repeatedly shows a person who speaks what is the Teaching - "This is the Teaching, this is the monastic discipline, this is the Teacher's instruction, take this, like this." Thus this legal case is appeased, it is appeased not by rule, by what resembles a verdict in the presence.

A Community that speaks what is not according to the Teaching convinces, persuades, looks at, considers carefully, shows, and repeatedly shows many who speak what is the Teaching - "This is the Teaching, this is the monastic discipline, this is the Teacher's instruction, take this, like this." Thus this legal case is appeased, it is appeased not by rule, by what resembles a verdict in the presence.

A Community that speaks what is not according to the Teaching convinces, persuades, looks at, considers carefully, shows, and repeatedly shows a Community that speaks what is the Teaching - "This is the Teaching, this is the monastic discipline, this is the Teacher's instruction, take this, like this." Thus this legal case is appeased, it is appeased not by rule, by what resembles a verdict in the presence.

The nonad on the dark fortnight is concluded.

The Nonad on the Bright Fortnight

188. A person who speaks what is the Teaching convinces, persuades, looks at, considers carefully, shows, and repeatedly shows a person who speaks what is not according to the Teaching - "This is the Teaching, this is the monastic discipline, this is the Teacher's instruction, take this, like this." Thus this legal case is appeased, it is appeased by rule, by a verdict in the presence.

A person who speaks what is the Teaching convinces, persuades, looks at, considers carefully, shows, and repeatedly shows many who speak what is not according to the Teaching - "This is the Teaching, this is the monastic discipline, this is the Teacher's instruction, take this, like this." Thus this legal case is appeased, it is appeased by rule, by a verdict in the presence.

A person who speaks what is the Teaching convinces, persuades, looks at, considers carefully, shows, and repeatedly shows a Community that speaks what is not according to the Teaching - "This is the Teaching, this is the monastic discipline, this is the Teacher's instruction, take this, like this." Thus this legal case is appeased, it is appeased by rule, by a verdict in the presence.

Many who speak what is the Teaching convince, persuade, look at, consider carefully, show, and repeatedly show a person who speaks what is not according to the Teaching - "This is the Teaching, this is the monastic discipline, this is the Teacher's instruction, take this, like this." Thus this legal case is appeased, it is appeased by rule, by a verdict in the presence.

Many who speak what is the Teaching convince, persuade, look at, consider carefully, show, and repeatedly show many who speak what is not according to the Teaching - "This is the Teaching, this is the monastic discipline, this is the Teacher's instruction, take this, like this." Thus this legal case is appeased, it is appeased by rule, by a verdict in the presence.

Many who speak what is the Teaching convince, persuade, look at, consider carefully, show, and repeatedly show a Community that speaks what is not according to the Teaching - "This is the Teaching, this is the monastic discipline, this is the Teacher's instruction, take this, like this." Thus this legal case is appeased, it is appeased by rule, by a verdict in the presence.

A Community that speaks what is the Teaching convinces, persuades, looks at, considers carefully, shows, and repeatedly shows a person who speaks what is not according to the Teaching - "This is the Teaching, this is the monastic discipline, this is the Teacher's instruction, take this, like this." Thus this legal case is appeased, it is appeased by rule, by a verdict in the presence.

A Community that speaks what is the Teaching convinces, persuades, looks at, considers carefully, shows, and repeatedly shows many who speak what is not according to the Teaching - "This is the Teaching, this is the monastic discipline, this is the Teacher's instruction, take this, like this." Thus this legal case is appeased, it is appeased by rule, by a verdict in the presence.

A Community that speaks what is the Teaching convinces, persuades, looks at, considers carefully, shows, and repeatedly shows a Community that speaks what is not according to the Teaching - "This is the Teaching, this is the monastic discipline, this is the Teacher's instruction, take this, like this." Thus this legal case is appeased, it is appeased by rule, by a verdict in the presence.

The nonad on the bright fortnight is concluded.

2. Verdict of Innocence

189. At that time the Buddha, the Blessed One, was dwelling at Rājagaha in the Bamboo Grove, the Squirrels' Feeding Ground. Now at that time arahantship had been realized by the Venerable Dabba the Mallian at seven years old by birth. Whatever is to be attained by a disciple, all that had been attained by him. And there was nothing further to be done by him, or any adding to what had been done. Then this reflection arose in the mind of the Venerable Dabba the Mallian when he had gone to a private place and was in seclusion - "Arahantship has been realized by me at seven years old by birth. Whatever is to be attained by a disciple, all that has been attained by me. And there is nothing further to be done by me, or any adding to what has been done. What service might I perform for the Community?"

Then this occurred to the Venerable Dabba the Mallian - "What if I were to prepare lodgings for the Community and assign meals?" Then the Venerable Dabba the Mallian, in the evening, having emerged from seclusion, approached the Blessed One; having approached, having paid respect to the Blessed One, he sat down to one side. Seated to one side, the Venerable Dabba the Mallian said this to the Blessed One - "Here, venerable sir, when I had gone to a private place and was in seclusion, this reflection arose in my mind: 'Arahantship has been realized by me at seven years old by birth. Whatever is to be attained by a disciple, all that has been attained by me. And there is nothing further to be done by me, or any adding to what has been done. What service might I perform for the Community?' Then, venerable sir, this occurred to me: 'What if I were to prepare lodgings for the Community and assign meals?' I wish, venerable sir, to prepare lodgings for the Community and to assign meals." "Good, good, Dabba. If so, Dabba, prepare lodgings for the Community and assign meals." "Yes, venerable sir," the Venerable Dabba the Mallian assented to the Blessed One. Then the Blessed One, on this occasion, in this connection, having given a talk on the Teaching, addressed the monks - "If so, monks, let the Community authorize Dabba the Mallian as appointer of lodgings and distributor of meals. And thus, monks, he should be authorized. First Dabba the Mallian should be requested. Having requested, an experienced and competent monk should inform the Community -

190. "Let the Community hear me, venerable sir. If it is the proper time for the Community, the Community should authorise the Venerable Dabba the Mallian as appointer of lodgings and distributor of meals. This is the motion.

"Let the Community hear me, venerable sir. The Community authorises the Venerable Dabba the Mallian as appointer of lodgings and distributor of meals. If the authorisation of the Venerable Dabba the Mallian as appointer of lodgings and distributor of meals is agreeable to the venerable one, he should remain silent; he to whom it is not agreeable should speak.

"The Venerable Dabba the Mallian is authorised by the Community as appointer of lodgings and distributor of meals. It is agreeable to the Community, therefore they are silent, thus I remember it."

191. And the Venerable Dabba the Mallian, being authorised, prepares lodgings together for monks of similar qualities. For those monks who are experts in the discourses, he prepares lodgings together - "They will recite the discourses together with each other." For those monks who are experts in monastic discipline, he prepares lodgings together - "They will decide on monastic discipline with each other." For those monks who are preachers of the Teaching, he prepares lodgings together - "They will discuss the Teaching with each other." For those monks who are meditators, he prepares lodgings together - "They will not disturb each other." For those monks who engage in pointless talk and dwell much devoted to bodily comfort, he also prepares lodgings together - "These venerable ones will pass the night with this delight." For those monks who also arrive at the improper time, having attained the heat element, he prepares lodgings by that very light; some monks also intentionally arrive at the improper time - "We will see the wonder of supernormal power of the Venerable Dabba the Mallian."

They, having approached the Venerable Dabba the Mallian, say thus - "Friend Dabba, prepare lodgings for us." The Venerable Dabba the Mallian says thus to them - "Where do the venerable ones wish, where shall I prepare?" They intentionally indicate far places - "Friend Dabba, prepare lodgings for us on the Vulture's Peak mountain. Friend, prepare lodgings for us at the Thieves' Precipice. Friend, prepare lodgings for us at the Black Rock on the slope of Isigili. Friend, prepare lodgings for us at the Sattapaṇṇi Cave on the slope of Vebhāra. Friend, prepare lodgings for us at the Sappasoṇḍika Cave in the Cool Grove. Friend, prepare lodgings for us at the Gotamaka Grotto. Friend, prepare lodgings for us at the Tinduka Grotto. Friend, prepare lodgings for us at the Tapoda Grotto. Friend, prepare lodgings for us at the Tapoda Monastery. Friend, prepare lodgings for us at Jīvaka's Mango Grove. Friend, prepare lodgings for us at the Deer Park in Maddakucchi."

For them the Venerable Dabba the Mallian, having attained the heat element, goes ahead with his finger burning. They too, by that very light, go following closely behind the Venerable Dabba the Mallian. For them the Venerable Dabba the Mallian prepares the lodging thus - "This is the bed, this is the chair, this is the mattress, this is the pillow, this is the toilet, this is the urinal place, this is the drinking water, this is the water for washing, this is the walking staff, this is the form of agreement of the Community, at this time one should enter, at this time one should leave." Having thus prepared the lodging for them, the Venerable Dabba the Mallian returns again to the Bamboo Grove.

192. Now at that time the monks Mettiya and Bhūmajaka were both junior and of little merit. Whatever inferior lodgings belonged to the Community, those fell to them, and inferior meals too. Now at that time in Rājagaha people wished to give specially prepared almsfood to the elder monks - ghee, oil, and dainty bits. But to the monks Mettiya and Bhūmajaka they gave ordinary food - porridge of broken rice with vinegar as a second. They, after the meal, having returned from their alms round, asked the elder monks - "What did you have in the refectory, friends? What did you have?" Some elders said thus - "We had ghee, friends, we had oil, we had dainty bits." But the monks Mettiya and Bhūmajaka said thus - "We had nothing, friends - just ordinary food, porridge of broken rice with vinegar as a second."

Now at that time the householder Kalyāṇabhattika gave a regular meal of four meals to the Community. He, together with his sons and wife, stood close and served food in the refectory - some asked with cooked rice, some asked with lentil curry, some asked with oil, some asked with dainty bits. Now at that time a meal at the householder Kalyāṇabhattika's house had been allotted for the morrow to the monks Mettiya and Bhūmajaka. Then the householder Kalyāṇabhattika went to the monastery on some business. He approached the Venerable Dabba the Mallian; having approached, he paid respect to the Venerable Dabba the Mallian and sat down to one side. The Venerable Dabba the Mallian instructed, encouraged, inspired, and gladdened the householder Kalyāṇabhattika seated to one side with a talk on the Teaching. Then the householder Kalyāṇabhattika, having been instructed, encouraged, inspired, and gladdened by the Venerable Dabba the Mallian with a talk on the Teaching, said this to the Venerable Dabba the Mallian - "For whom, venerable sir, has a meal been allotted at our house for the morrow?" "For the monks Mettiya and Bhūmajaka, householder, a meal has been allotted at your house for the morrow." Then the householder Kalyāṇabhattika was displeased. "How indeed could evil monks eat at our house!" Having gone home, he ordered the female slave - "Woman, those who come for a meal tomorrow, having prepared a seat for them in the porch, serve them with porridge of broken rice with vinegar as a second." "Yes, sir," that female slave assented to the householder Kalyāṇabhattika.

Then the monks Mettiya and Bhūmajaka - "Yesterday, friends, a meal was allotted for us at the householder Kalyāṇabhattika's house; tomorrow the householder Kalyāṇabhattika together with his sons and wife will stand close and serve us; some will ask with cooked rice, some will ask with lentil curry, some will ask with oil, some will ask with dainty bits." They, with that very pleasure, did not sleep properly during the night. Then the monks Mettiya and Bhūmajaka, having dressed in the earlier period of the day, taking their bowls and robes, approached the dwelling of the householder Kalyāṇabhattika. That female slave saw the monks Mettiya and Bhūmajaka coming from afar; having seen them, having prepared a seat in the porch, she said this to the monks Mettiya and Bhūmajaka - "Sit down, venerable sirs." Then this occurred to the monks Mettiya and Bhūmajaka - "Without doubt the meal is not yet ready since we are to sit in the porch." Then that female slave approached with porridge of broken rice with vinegar as a second - "Eat, venerable sirs." "We, sister, are regular meal recipients." "I know, sirs, that you are regular meal recipients. But yesterday I was ordered by the householder - 'Woman, those who come for a meal tomorrow, having prepared a seat for them in the porch, serve them with porridge of broken rice with vinegar as a second.' Eat, venerable sirs." Then the monks Mettiya and Bhūmajaka - "Yesterday, friends, the householder Kalyāṇabhattika went to the monastery, near Dabba the Mallian. Without doubt we have been set at variance with the householder by Dabba the Mallian." They, with that very displeasure, did not eat properly. Then the monks Mettiya and Bhūmajaka, after the meal, having returned from their alms round, having gone to the monastery, having put away their bowls and robes, sat in the porch outside the monastery, clutching their knees with their double robes, silent, downcast, with drooping shoulders, with faces cast down, pondering, bewildered.

Then the nun Mettiyā approached the monks Mettiya and Bhūmajaka; having approached, she said this to the monks Mettiya and Bhūmajaka - "I pay homage, sirs." When this was said, the monks Mettiya and Bhūmajaka did not respond. For the second time, etc. For the third time the nun Mettiyā said this to the monks Mettiya and Bhūmajaka - "I pay homage, sirs." For the third time the monks Mettiya and Bhūmajaka did not respond. "In what way have I offended the sirs? Why do the sirs not respond to me?" "Because you, sister, look on with indifference while we are being harassed by Dabba the Mallian." "What shall I do, sirs?" "If you wish, sister, this very day the Blessed One would expel the Venerable Dabba the Mallian." "What shall I do, sirs? What am I able to do?" "Come, sister, approach the Blessed One; having approached, say this to the Blessed One - 'This, venerable sir, is not proper, is not fitting. That direction, venerable sir, which was without fear, without calamity, without danger - that same direction is now with fear, with calamity, with danger; from where there was calm, from there comes a storm; water, methinks, is ablaze; I have been violated by the noble Dabba the Mallian.'" "Yes, sirs," the nun Mettiyā, having assented to the monks Mettiya and Bhūmajaka, approached the Blessed One; having approached, having paid respect to the Blessed One, she stood to one side. Standing to one side, the nun Mettiyā said this to the Blessed One - "This, venerable sir, is not proper, is not fitting. That direction, venerable sir, which was without fear, without calamity, without danger - that same direction is now with fear, with calamity, with danger; from where there was calm, from there comes a storm; water, methinks, is ablaze; I have been violated by the noble Dabba the Mallian."

193. Then the Blessed One, on this occasion, in this connection, having assembled the Community of monks, questioned the Venerable Dabba the Mallian in return - "Do you remember, Dabba, having done such a thing as this nun has said?" "As the Blessed One knows me, venerable sir." For the second time the Blessed One said this to the Venerable Dabba the Mallian - "Do you remember, Dabba, having done such a thing as this nun has said?" "As the Blessed One knows me, venerable sir." For the third time the Blessed One said this to the Venerable Dabba the Mallian - "Do you remember, Dabba, having done such a thing as this nun has said?" "As the Blessed One knows me, venerable sir." "Indeed, Dabba, the wise do not extricate themselves thus. If it was done by you, say 'it was done.' If it was not done by you, say 'it was not done.'" "Since I was born, venerable sir, I do not know of having engaged in sexual intercourse even in a dream, how much less while awake!" Then the Blessed One addressed the monks: "If so, monks, remove the nun Mettiyā. And investigate these monks." Having said this, the Blessed One rose from his seat and entered the dwelling.

Then those monks removed the nun Mettiyā. Then the monks Mettiya and Bhūmajaka said this to those monks - "Friends, do not remove the nun Mettiyā. She has not committed any offence. She was incited by us, being angry, displeased, with the intention of making him fall." "But did you, friends, accuse the Venerable Dabba the Mallian with an unfounded charge of failure in morality?" "Yes, friend." Those monks who were of few wishes, etc. grumbled, criticised, and complained - "How indeed could the monks Mettiya and Bhūmajaka accuse the Venerable Dabba the Mallian with an unfounded charge of failure in morality!" Then those monks reported this matter to the Blessed One, etc. "Is it true, monks, that the monks Mettiya and Bhūmajaka accuse Dabba the Mallian with an unfounded charge of failure in morality?" "It is true, Blessed One." Etc. Having rebuked them, etc. having given a talk on the Teaching, he addressed the monks -

"If so, monks, let the Community give a verdict of innocence to Dabba the Mallian who has attained full mindfulness. And thus, monks, it should be given: That Dabba the Mallian, monks, having approached the Community, having arranged his upper robe on one shoulder, having paid homage at the feet of the senior monks, having sat down squatting, having raised joined palms, should address them thus - 'These monks Mettiya and Bhūmajaka, venerable sirs, accuse me with an unfounded charge of failure in morality. I, venerable sirs, having attained full mindfulness, request the Community for a verdict of innocence.' For the second time he should request. For the third time he should request - 'These monks Mettiya and Bhūmajaka, venerable sirs, accuse me with an unfounded charge of failure in morality. I, having attained full mindfulness, for the third time, venerable sirs, request the Community for a verdict of innocence.' "An experienced and competent monk should inform the Community -

194. Let the Community hear me, venerable sir. These monks Mettiya and Bhūmajaka accuse the Venerable Dabba the Mallian with an unfounded charge of failure in morality. The Venerable Dabba the Mallian, having attained full mindfulness, requests the Community for a verdict of innocence. If it is the proper time for the Community, the Community should give a verdict of innocence to the Venerable Dabba the Mallian who has attained full mindfulness. This is the motion.

"Let the Community hear me, venerable sir. These monks Mettiya and Bhūmajaka accuse the Venerable Dabba the Mallian with an unfounded charge of failure in morality. The Venerable Dabba the Mallian, having attained full mindfulness, requests the Community for a verdict of innocence. The Community gives a verdict of innocence to the Venerable Dabba the Mallian who has attained full mindfulness. If the giving of a verdict of innocence to the Venerable Dabba the Mallian who has attained full mindfulness is agreeable to the venerable one, he should remain silent; he to whom it is not agreeable should speak.

"For the second time I say this matter, etc. For the third time I say this matter - Let the Community hear me, venerable sir. These monks Mettiya and Bhūmajaka accuse the Venerable Dabba the Mallian with an unfounded charge of failure in morality. The Venerable Dabba the Mallian, having attained full mindfulness, requests the Community for a verdict of innocence. The Community gives a verdict of innocence to the Venerable Dabba the Mallian who has attained full mindfulness. If the giving of a verdict of innocence to the Venerable Dabba the Mallian who has attained full mindfulness is agreeable to the venerable one, he should remain silent; he to whom it is not agreeable should speak.

"A verdict of innocence has been given by the Community to the Venerable Dabba the Mallian who has attained full mindfulness. It is agreeable to the Community, therefore they are silent, thus I remember it."

195. "There are, monks, these five legally valid givings of a verdict of innocence. A monk is pure, not an offender, and they censure him, and he requests, the Community gives him a verdict of innocence by rule, by a complete assembly - these, monks, are the five legally valid givings of a verdict of innocence."

3. Verdict of Past Insanity

196. Now at that time the monk Gagga was mad, mentally deranged. By that mad man, mentally deranged, much that is unbecoming of a recluse was habitually done, spoken and undertaken. The monks accused the monk Gagga of an offence habitually done while mad and mentally deranged - "Does the venerable one remember committing such an offence?" He said thus - "I indeed, friend, was mad, mentally deranged. By me, being mad and mentally deranged, much that is unbecoming of a recluse was habitually done, spoken and undertaken. I do not remember that. That was done by me when confused." Even when being told thus, they still accused him - "Does the venerable one remember committing such an offence?" Those monks who were of few wishes, etc. grumbled, criticised, and complained - "How indeed could monks accuse the monk Gagga of an offence habitually done while mad and mentally deranged - 'Does the venerable one remember committing such an offence?' He said thus - 'I indeed, friend, was mad, mentally deranged. By me, being mad and mentally deranged, much that is unbecoming of a recluse was habitually done, spoken and undertaken. I do not remember that. That was done by me when confused.' Even when being told thus, they still accused him - "Does the venerable one remember committing such an offence?" Then those monks reported this matter to the Blessed One. Etc. "Is it true, monks, etc. "It is true, Blessed One." Etc. Having rebuked them, etc. having given a talk on the Teaching, he addressed the monks -

"If so, monks, let the Community give the verdict of past insanity to the monk Gagga who is not confused. And thus, monks, it should be given: "That monk Gagga, monks, having approached the Community, having arranged his upper robe on one shoulder, having paid homage at the feet of the senior monks, having sat down squatting, having raised joined palms, should address them thus - 'I, venerable sir, was mad, mentally deranged. By me, being mad and mentally deranged, much that is unbecoming of a recluse was habitually done, spoken and undertaken. The monks accuse me of an offence habitually done while mad and mentally deranged - "Does the venerable one remember committing such an offence?" Then I speak thus - 'I indeed, friend, was mad, mentally deranged. By me, being mad and mentally deranged, much that is unbecoming of a recluse was habitually done, spoken and undertaken. I do not remember that. That was done by me when confused.' Even when being told thus, they still accuse me - "Does the venerable one remember committing such an offence?" I, venerable sir, being not confused, request the Community for a verdict of past insanity.' For the second time he should request. For the third time he should request - 'I, venerable sir, was mad, mentally deranged. By me, being mad and mentally deranged, much that is unbecoming of a recluse was habitually done, spoken and undertaken. The monks accuse me of an offence habitually done while mad and mentally deranged - "Does the venerable one remember committing such an offence?" Then I speak thus - 'I indeed, friend, was mad, mentally deranged. By me, being mad and mentally deranged, much that is unbecoming of a recluse was habitually done, spoken and undertaken. I do not remember that. That was done by me when confused." Even when being told thus, they still accuse me - "Does the venerable one remember committing such an offence?" I, being not confused, for the third time, venerable sir, request the Community for a verdict of past insanity.' An experienced and competent monk should inform the Community -

197. "Let the Community hear me, venerable sir. This monk Gagga was mad, mentally deranged. By that mad man, mentally deranged, much that is unbecoming of a recluse was habitually done, spoken and undertaken. The monks accused the monk Gagga of an offence habitually done while mad and mentally deranged - "Does the venerable one remember committing such an offence?" He said thus - 'I indeed, friend, was mad, mentally deranged. By me, being mad and mentally deranged, much that is unbecoming of a recluse was habitually done, spoken and undertaken. I do not remember that. That was done by me when confused.' Even when being told thus, they still accused him - "Does the venerable one remember committing such an offence?" He, being not confused, requests the Community for a verdict of past insanity. If it is the proper time for the Community, the Community should give the verdict of past insanity to the monk Gagga who is not confused. This is the motion.

"Let the Community hear me, venerable sir. This monk Gagga was mad, mentally deranged. By that mad man, mentally deranged, much that is unbecoming of a recluse was habitually done, spoken and undertaken. The monks accused the monk Gagga of an offence habitually done while mad and mentally deranged - "Does the venerable one remember committing such an offence?" He said thus - 'I indeed, friend, was mad, mentally deranged. By me, being mad and mentally deranged, much that is unbecoming of a recluse was habitually done, spoken and undertaken. I do not remember that. That was done by me when confused." Even when being told thus, they still accused him - "Does the venerable one remember committing such an offence?" He, being not confused, requests the Community for a verdict of past insanity. The Community gives the verdict of past insanity to the monk Gagga who is not confused. If the giving of the verdict of past insanity to the monk Gagga who is not confused is agreeable to the venerable one, he should remain silent; he to whom it is not agreeable should speak.

"For the second time I say this matter, etc. For the third time I say this matter, etc.

"The verdict of past insanity has been given by the Community to the monk Gagga who is not confused. It is agreeable to the Community, therefore they are silent, thus I remember it."

198. "There are, monks, these three not legally valid givings of a verdict of past insanity, and three legally valid. What are the three not legally valid givings of a verdict of past insanity?

"Here again, monks, a monk has committed an offence. The monastic community or many or one person accuses him - "Does the venerable one remember committing such an offence?" He, while remembering, speaks thus - 'No indeed, friend, I do not remember committing such an offence.' The monastic community gives him a verdict of past insanity. This is a not legally valid giving of a verdict of past insanity.

"Here again, monks, a monk has committed an offence. The monastic community or many or one person accuses him - "Does the venerable one remember committing such an offence?" He, while remembering, speaks thus - 'I do remember, friend, as if in a dream.' The monastic community gives him a verdict of past insanity. This is a not legally valid giving of a verdict of past insanity.

"Here again, monks, a monk has committed an offence. The monastic community or many or one person accuses him - "Does the venerable one remember committing such an offence?" He, not being mad, makes a pretence of madness - 'I too do thus. You too do thus. This is allowable for me too. This is allowable for you too.' The monastic community gives him a verdict of past insanity. This is a not legally valid giving of a verdict of past insanity. These are the three not legally valid givings of a verdict of past insanity.

199. "What are the three legally valid givings of a verdict of past insanity?

"Here, monks, a monk is mad, mentally deranged. By that mad man, mentally deranged, much that is unbecoming of a recluse was habitually done, spoken and undertaken. The monastic community or many or one person accuses him - "Does the venerable one remember committing such an offence?" He, not remembering, says thus - 'No indeed, friend, I do not remember committing such an offence.' The monastic community gives him a verdict of past insanity. This is a legally valid giving of a verdict of past insanity.

"Here, monks, a monk is mad, mentally deranged. By that mad man, mentally deranged, much that is unbecoming of a recluse was habitually done, spoken and undertaken. The monastic community or many or one person accuses him - "Does the venerable one remember committing such an offence?" He, not remembering, says thus - 'I do remember, friend, as if in a dream.' The monastic community gives him a verdict of past insanity. This is a legally valid giving of a verdict of past insanity.

"Here, monks, a monk is mad, mentally deranged. By that mad man, mentally deranged, much that is unbecoming of a recluse was habitually done, spoken and undertaken. The monastic community or many or one person accuses him - "Does the venerable one remember committing such an offence?" He, being mad, makes a pretence of madness - 'I too do thus. You too do thus. This is allowable for me too. This is allowable for you too.' The monastic community gives him a verdict of past insanity. This is a legally valid giving of a verdict of past insanity. These are the three legally valid givings of a verdict of past insanity."

4. Carrying Out on Acknowledgement

200. Now at that time the group of six monks were performing legal acts on monks without acknowledgment - of censure, and of guidance, and of banishment, and of reconciliation, and of suspension. Those monks who were of few wishes, etc. grumbled, criticised, and complained - "How indeed could the group of six monks perform legal acts on monks without acknowledgment - of censure, and of guidance, and of banishment, and of reconciliation, and of suspension!" Then those monks reported this matter to the Blessed One. Etc. "Is it true, monks, etc. "It is true, Blessed One." Etc. Having rebuked them, etc. having given a talk on the Teaching, he addressed the monks - "A legal act, monks, should not be performed on monks without acknowledgment - whether of censure, or of guidance, or of banishment, or of reconciliation, or of suspension. Whoever should impose one, there is an offence of wrong-doing.

201. "Thus, monks, carrying out on acknowledgement is not legally valid, thus it is legally valid. And how, monks, is carrying out on acknowledgement not legally valid?

A monk has committed an offence involving expulsion. The monastic community or many or one person accuses him - 'Has the venerable one committed an offence involving expulsion?' He said thus - 'No indeed, friend, I have not committed an offence involving expulsion, I have committed an offence entailing initial and subsequent meetings of the Community.' The monastic community deals with him for an offence entailing initial and subsequent meetings of the Community. Carrying out on acknowledgement is not legally valid.

A monk has committed an offence involving expulsion. The monastic community or many or one person accuses him - 'Has the venerable one committed an offence involving expulsion?' He said thus - 'No indeed, friend, I have not committed an offence involving expulsion, I have committed a grave offence, etc. an offence requiring expiation, etc. a rule requiring acknowledgement, etc. a wrong-doing, etc. I have committed insulting speech.' The monastic community deals with him for insulting speech. Carrying out on acknowledgement is not legally valid.

A monk has committed an offence entailing initial and subsequent meetings of the Community, etc. a grave offence, etc. an offence requiring expiation, etc. a rule requiring acknowledgement, etc. a wrong-doing, etc. He has committed insulting speech. The monastic community or many or one person accuses him - 'Has the venerable one committed insulting speech?' He said thus - 'No indeed, friend, I have not committed insulting speech, I have committed an offence involving expulsion.' The monastic community deals with him for an offence involving expulsion. Carrying out on acknowledgement is not legally valid.

A monk has committed insulting speech. The monastic community or many or one person accuses him - 'Has the venerable one committed insulting speech?' He said thus - "No indeed, friend, I have not committed insulting speech, I have committed an offence entailing initial and subsequent meetings of the Community, etc. a grave offence, etc. an offence requiring expiation, etc. a rule requiring acknowledgement, etc. I have committed a wrong-doing." The monastic community deals with him for wrong-doing. Carrying out on acknowledgement is not legally valid. Thus, monks, carrying out on acknowledgement is not legally valid.

And how, monks, is carrying out on acknowledgement legally valid? A monk has committed an offence involving expulsion. The monastic community or many or one person accuses him - 'Has the venerable one committed an offence involving expulsion?' He said thus - "Yes, friend, I have committed an offence involving expulsion." The monastic community deals with him for an offence involving expulsion. Carrying out on acknowledgement that is legally valid.

A monk has committed an offence entailing initial and subsequent meetings of the Community, etc. a grave offence, etc. an offence requiring expiation, etc. a rule requiring acknowledgement, etc. a wrong-doing, etc. He has committed insulting speech. The monastic community or many or one person accuses him - 'Has the venerable one committed insulting speech?' He said thus - "Yes, friend, I have committed insulting speech." The monastic community deals with him for insulting speech. Carrying out on acknowledgement that is legally valid. Thus, monks, carrying out on acknowledgement is legally valid.

5. Decision of the Majority

202. Now at that time monks in the midst of the Community were quarrelling, disputing, engaging in contention, wounding each other with verbal daggers. They were unable to settle that legal case. They reported this matter to the Blessed One. "I allow, monks, to settle such a legal case by decision of the majority. A monk possessed of five factors should be authorized as a distributor of voting tickets - one who would not go to bias through desire, would not go to bias through hatred, would not go to bias through delusion, would not go to bias through fear, and would know what has been taken and what has not been taken. And thus, monks, he should be authorized. First a monk should be requested, having requested, an experienced and competent monk should inform the Community -

203. "Let the Community hear me, venerable sir. If it is the proper time for the Community, the Community should authorise the monk of such and such a name as a distributor of voting tickets. This is the motion.

"Let the Community hear me, venerable sir. The Community authorises the monk of such and such a name as a distributor of voting tickets. If the authorisation of the monk of such and such a name as a distributor of voting tickets is agreeable to the venerable one, he should remain silent; he to whom it is not agreeable should speak.

"The monk of such and such a name is authorised by the Community as a distributor of voting tickets. It is agreeable to the Community, therefore they are silent, thus I remember it."

204. "Monks, there are these ten vote takings that are not legally valid, and ten that are legally valid. Which are the ten vote takings that are not legally valid? The legal case is trifling, and it has not been gone through, and it has not been remembered and reminded, one knows that those who speak what is not according to the Teaching are more, it is well if those who speak what is not according to the Teaching may be more, one knows that the Community will be divided, it is well if the Community may be divided, they take not by rule, an incomplete assembly takes, and they do not take according to their view - these are the ten vote takings that are not legally valid.

"Which are the ten vote takings that are legally valid? The legal case is not trifling, and it has been gone through, and it has been remembered and reminded, one knows that those who speak what is the Teaching are more, it is well if those who speak what is the Teaching may be more, one knows that the Community will not be divided, it is well if the Community may not be divided, they take by rule, a complete assembly takes, and they take according to their view - these are the ten vote takings that are legally valid."

6. Decision for Specific Depravity

205. Now at that time the monk Upavāḷa, when being questioned about an offence in the midst of the Community, having denied would acknowledge, having acknowledged would deny, would evade one issue with another, would consciously speak falsehood. Those monks who were of few wishes, etc. grumbled, criticised, and complained - "How indeed could the monk Upavāḷa, when being questioned about an offence in the midst of the Community, having denied acknowledge, having acknowledged deny, evade one issue with another, consciously speak falsehood!" Then those monks reported this matter to the Blessed One. Etc. "Is it true, monks, etc. "It is true, Blessed One." Etc. Having rebuked them, etc. having given a talk on the Teaching, he addressed the monks - "If so, monks, let the Community perform a decision for specific depravity on the monk Upavāḷa. And thus, monks, it should be done. First the monk Upavāḷa should be accused, having accused he should be reminded, having reminded he should be charged with the offence, having charged with the offence an experienced and competent monk should inform the Community -

206. "Let the Community hear me, venerable sir. This monk Upavāḷa, when being questioned about an offence in the midst of the Community, having denied acknowledges, having acknowledged denies, evades one issue with another, consciously speaks falsehood. If it is the proper time for the Community, the Community should perform a decision for specific depravity on the monk Upavāḷa. This is the motion.

"Let the Community hear me, venerable sir. This monk Upavāḷa, when being questioned about an offence in the midst of the Community, having denied acknowledges, having acknowledged denies, evades one issue with another, consciously speaks falsehood. The Community performs a decision for specific depravity on the monk Upavāḷa. If the carrying out of the decision for specific depravity on the monk Upavāḷa is agreeable to the venerable one, he should remain silent; he to whom it is not agreeable should speak.

"For the second time I say this matter, etc. For the third time I say this matter, etc.

"The decision for specific depravity on the monk Upavāḷa has been performed by the Community. It is agreeable to the Community, therefore they are silent, thus I remember it."

207. "There are, monks, these five legally valid grounds for carrying out a decision for specific depravity. He is impure, and he is shameless, and he is subject to censure, the Community performs a decision for specific depravity on him by rule, by a complete assembly - these, monks, are the five legally valid grounds for carrying out a decision for specific depravity.

The Twelve on Not a Legally Valid Act

208. "Monks, a decision for specific depravity possessed of three factors is not a legally valid act, and is a non-disciplinary legal act, and is badly settled. It is done not in the presence, it is done without interrogation, it is done without acknowledgment, etc. it is done not by rule, it is done by an incomplete assembly - possessed of these three factors, monks, a decision for specific depravity is not a legally valid act, and is a non-disciplinary legal act, and is badly settled.

The Twelve on a Legally Valid Act

209. "Monks, a decision for specific depravity possessed of three factors is a legally valid act, and is a disciplinary legal act, and is well settled. It is done in the presence, it is carried out by interrogation, it is carried out on acknowledgment, etc. it is done by rule, it is done by a complete assembly - possessed of these three factors, monks, a decision for specific depravity is a legally valid act, and is a disciplinary legal act, and is well settled.

The Six on Wishing

210. "Monks, if it wishes, the Community may perform a decision for specific depravity against a monk possessed of three factors. He is a maker of quarrels, a maker of disputes, a maker of contention, a maker of brawls, a maker of legal cases in the monastic community; he is foolish, inexperienced, full of offences, not rid of offence; he dwells in the company of laypeople with unbecoming associations with laypeople - possessed of these three factors, monks, if it wishes, the Community may perform a decision for specific depravity against a monk.

"Furthermore, monks, if it wishes, the Community may perform a decision for specific depravity against a monk possessed of three factors. He is failing in morality regarding higher morality, is failing in good conduct regarding transgression, is failing in view regarding extreme views - Monks, one possessed of these etc.

"Furthermore, monks, etc. He dispraises the Buddha, he dispraises the Teaching, he dispraises the Community - possessed of these three factors, monks, if it wishes, the Community may perform a decision for specific depravity against a monk.

"Monks, if it wishes, the Community may perform a decision for specific depravity against three monks. One is a maker of quarrels, etc. a maker of legal cases in the monastic community; one is foolish, inexperienced, full of offences, not rid of offence; one dwells in the company of laypeople with unbecoming associations with laypeople - against these three monks, monks, if it wishes, the Community may perform a decision for specific depravity.

"Furthermore, monks, if it wishes, the Community may perform a decision for specific depravity against three monks. One is failing in morality regarding higher morality, one is failing in good conduct regarding transgression, one is failing in view regarding extreme views - against these, monks, etc.

"Furthermore, monks, etc. one dispraises the Buddha, one dispraises the Teaching, one dispraises the Community - against these three monks, monks, if it wishes, the Community may perform a decision for specific depravity.

The Eighteen Duties

211. "Monks, a monk against whom a decision for specific depravity has been performed should conduct himself rightly. Therein this is the proper conduct -

He should not give full ordination, he should not give guidance, he should not cause a novice to attend, he should not accept authorization as an exhorter of nuns, even if authorized he should not exhort nuns, etc. he should not be associated with by monks." Then the Community performed a decision for specific depravity on the monk Upavāḷa.

7. Covering Over with Grass

212. Now at that time, when monks who were quarrelling, disputing, engaging in contention were dwelling, much that was unbecoming of a recluse had been habitually done, spoken and undertaken. Then those monks had this thought: "When we who are quarrelling, disputing, engaging in contention are dwelling, much that is unbecoming of a recluse has been habitually done, spoken and undertaken. If we deal with each other regarding these offences, that legal case might lead to hardness, fierceness, and schism. How should we proceed?" They reported this matter to the Blessed One.

"Here, monks, when monks who are quarrelling, disputing, engaging in contention are dwelling, much that is unbecoming of a recluse has been habitually done, spoken and undertaken. If therein it occurs to the monks thus: 'When we who are quarrelling, disputing, engaging in contention are dwelling, much that is unbecoming of a recluse has been habitually done, spoken and undertaken; if we deal with each other regarding these offences, that legal case might lead to hardness, fierceness, and schism' - I allow, monks, to settle such a legal case by covering over with grass. And thus, monks, it should be settled. All should assemble together, and having assembled, an experienced and competent monk should inform the Community:

"Let the venerable ones hear me. When we who are quarrelling, disputing, engaging in contention are dwelling, much that is unbecoming of a recluse has been habitually done, spoken and undertaken. If we deal with each other regarding these offences, that legal case might lead to hardness, fierceness, and schism. If it is the proper time for the venerable ones, I would confess in the midst of the Community by covering over with grass whatever offence of the venerable ones and whatever offence of my own, for the benefit of the venerable ones and for my own benefit, setting aside gross offences and those connected with laypeople."

"Then an experienced and competent monk of the other monks on one side should inform his own side:

213. "Then an experienced and competent monk of the other monks on one side should inform the Community -

"Let the Community hear me, venerable sir. When we who are quarrelling, disputing, engaging in contention are dwelling, much that is unbecoming of a recluse has been habitually done, spoken and undertaken. If we deal with each other regarding these offences, that legal case might lead to hardness, fierceness, and schism. If it is the proper time for the Community, I would confess in the midst of the Community by covering over with grass whatever offence of these venerable ones and whatever offence of my own, for the benefit of these venerable ones and for my own benefit, setting aside gross offences and those connected with laypeople. This is the motion.

"Let the Community hear me, venerable sir. When we who are quarrelling, disputing, engaging in contention are dwelling, much that is unbecoming of a recluse has been habitually done, spoken and undertaken. If we deal with each other regarding these offences, that legal case might lead to hardness, fierceness, and schism. I confess in the midst of the Community by covering over with grass whatever offence of these venerable ones and whatever offence of my own, for the benefit of these venerable ones and for my own benefit, setting aside gross offences and those connected with laypeople. If the confession of these our offences in the midst of the Community by covering over with grass, setting aside gross offences and those connected with laypeople, is agreeable to the venerable one, he should remain silent; he to whom it is not agreeable should speak.

"These our offences have been confessed in the midst of the Community by covering over with grass, setting aside gross offences and those connected with laypeople. It is agreeable to the Community, therefore they are silent, thus I remember it."

214. "Then an experienced and competent monk of the other monks on one side should inform the Community -

"Let the Community hear me, venerable sir. When we who are quarrelling, disputing, engaging in contention are dwelling, much that is unbecoming of a recluse has been habitually done, spoken and undertaken. If we deal with each other regarding these offences, that legal case might lead to hardness, fierceness, and schism. I confess in the midst of the Community by covering over with grass whatever offence of these venerable ones and whatever offence of my own, for the benefit of these venerable ones and for my own benefit, setting aside gross offences and those connected with laypeople. If the confession of these our offences in the midst of the Community by covering over with grass, setting aside gross offences and those connected with laypeople, is agreeable to the venerable one, he should remain silent; he to whom it is not agreeable should speak.

"And thus, monks, those monks are emerged from those offences, setting aside gross offences, setting aside those connected with laypeople, setting aside the act of manifest disapproval, setting aside those who are not present there."

8. Legal Case

215. Now at that time (monks quarrelled with monks,) monks quarrelled with nuns, nuns quarrelled with monks, and the monk Channa, having intruded upon the nuns, quarrelled together with monks, taking the side of the nuns. Those monks who were of few wishes, etc. grumbled, criticised, and complained - "How indeed can the monk Channa, having intruded upon the nuns, quarrel together with monks, taking the side of the nuns!" Then those monks reported this matter to the Blessed One. Etc. "Is it true, monks, etc. "It is true, Blessed One." Etc. Having rebuked them, etc. having given a talk on the Teaching, he addressed the monks -

"There are, monks, these four legal cases - legal case arising from contention, legal case arising from censure, legal case arising from offences, legal case arising from obligations.

"Therein, what is a legal case arising from contention? Here, monks, monks dispute - 'It is the Teaching' or 'It is not the Teaching', 'It is monastic discipline' or 'It is not monastic discipline', 'It was said, spoken by the Tathāgata' or 'It was not said, not spoken by the Tathāgata', 'It was practised by the Tathāgata' or 'It was not practised by the Tathāgata', 'It was laid down by the Tathāgata' or 'It was not laid down by the Tathāgata', 'It is an offence' or 'It is no offence', 'It is a light offence' or 'It is a heavy offence', 'It is a remediable offence' or 'It is an irremediable offence', 'It is a coarse offence' or 'It is not a coarse offence'? Whatever quarrel, dispute, strife, contention, different views, other views, harsh speech, quarrelling there is therein - this is called a legal case arising from contention.

"Therein, what is a legal case arising from censure? Here, monks, monks censure a monk for failure in morality or failure in good conduct or failure in view or failure in livelihood. Whatever censure, censuring, accusing, speaking against, repeated crookedness, striving against, giving of support there is therein - this is called a legal case arising from censure.

"Therein, what is a legal case arising from offences? The five classes of offences are a legal case arising from offences, the seven classes of offences are a legal case arising from offences - this is called a legal case arising from offences.

"Therein, what is a legal case arising from obligations? Whatever is the obligation of the Community, what is to be done, an act for which permission ought to be asked, a legal act at which a motion is put, a legal act at which a motion is put and is followed by one proclamation, a legal act at which a motion is put and is followed by three proclamations - this is called a legal case arising from obligations.

216. "What is the root of a legal case arising from contention? The six sources of contention are the root of a legal case arising from contention. The three unwholesome roots are also the root of a legal case arising from contention, the three wholesome roots are also the root of a legal case arising from contention. What are the six sources of contention that are the root of a legal case arising from contention? Here, monks, a monk is prone to wrath and bears grudges. Monks, a monk who is prone to wrath and bears grudges, he dwells disrespectful towards the Teacher, not deferential, dwells disrespectful towards the Teaching, not deferential, dwells disrespectful towards the Community, not deferential, and is not one who fulfils the training. Monks, a monk who dwells disrespectful towards the Teacher, not deferential, towards the Teaching, etc. towards the Community, etc. is not one who fulfils the training, he generates contention in the Community. Which contention is for the harm of many people, for the unhappiness of many people, for the harm, for the detriment, for the suffering of gods and humans. If you, monks, should perceive such a source of contention internally or externally, there you, monks, should strive for the abandoning of that very evil source of contention. If you, monks, should not perceive such a source of contention internally or externally, there you, monks, should proceed for the non-flowing in the future of that very evil source of contention. Thus there is the abandoning of this evil source of contention. Thus there is the non-flowing in the future of this evil source of contention.

"Furthermore, monks, a monk is one who depreciates another's worth and is spiteful. Etc. He is envious and stingy, fraudulent and deceitful, having evil desires and having wrong views, adhering to his own views, holding on to them tenaciously, relinquishing them with difficulty. Monks, a monk who is adhering to his own views, holding on to them tenaciously, relinquishing them with difficulty, he dwells disrespectful towards the Teacher, not deferential, dwells disrespectful towards the Teaching, not deferential, dwells disrespectful towards the Community, not deferential, and is not one who fulfils the training. Monks, a monk who dwells disrespectful towards the Teacher, not deferential, towards the Teaching, etc. towards the Community, etc. is not one who fulfils the training, he generates contention in the Community. Which contention is for the harm of many people, for the unhappiness of many people, for the harm, for the detriment, for the suffering of gods and humans. If you, monks, should perceive such a source of contention internally or externally, there you, monks, should strive for the abandoning of that very evil source of contention. If you, monks, should not perceive such a source of contention internally or externally, there you, monks, should proceed for the non-flowing in the future of that very evil source of contention. Thus there is the abandoning of this evil source of contention. Thus there is the non-flowing in the future of this evil source of contention. These are the six sources of contention that are the root of a legal case arising from contention.

"What are the three unwholesome roots that are the root of a legal case arising from contention? Here, monks, monks with greedy minds dispute, with malicious minds dispute, with deluded minds dispute - 'It is the Teaching' or 'It is not the Teaching', 'It is monastic discipline' or 'It is not monastic discipline', 'It was said, spoken by the Tathāgata' or 'It was not said, not spoken by the Tathāgata', 'It was practised by the Tathāgata' or 'It was not practised by the Tathāgata', 'It was laid down by the Tathāgata' or 'It was not laid down by the Tathāgata', 'It is an offence' or 'It is no offence', 'It is a light offence' or 'It is a heavy offence', 'It is a remediable offence' or 'It is an irremediable offence', 'It is a coarse offence' or 'It is not a coarse offence'. These are the three unwholesome roots that are the root of a legal case arising from contention.

"What are the three wholesome roots that are the root of a legal case arising from contention? Here, monks, monks with minds free from greed dispute, with minds free from hatred dispute, with minds free from delusion dispute - 'It is the Teaching' or 'It is not the Teaching', etc. 'It is a coarse offence' or 'It is not a coarse offence'. These are the three wholesome roots that are the root of a legal case arising from contention.

217. "What is the root of a legal case arising from censure? Six sources of censure are the root of a legal case arising from censure. The three unwholesome roots are also the root of a legal case arising from censure, the three wholesome roots are also the root of a legal case arising from censure, body is also the root of a legal case arising from censure, speech is also the root of a legal case arising from censure. "What are the six sources of censure that are the root of a legal case arising from censure? Here, monks, a monk is prone to wrath and bears grudges. Monks, a monk who is prone to wrath and bears grudges, he dwells disrespectful towards the Teacher, not deferential, dwells disrespectful towards the Teaching, not deferential, dwells disrespectful towards the Community, not deferential, and is not one who fulfils the training. Monks, a monk who dwells disrespectful towards the Teacher, not deferential, towards the Teaching, etc. towards the Community, etc. is not one who fulfils the training, he generates censure in the Community. Which censure is for the harm of many people, for the unhappiness of many people, for the harm, for the detriment, for the suffering of gods and humans. If you, monks, should perceive such a source of censure internally or externally, there you, monks, should strive for the abandoning of that very evil source of censure. If you, monks, should not perceive such a source of censure internally or externally, there you, monks, should proceed for the non-flowing in the future of that very evil source of censure. Thus there is the abandoning of this evil source of censure. Thus there is the non-flowing in the future of this evil source of censure.

"Furthermore, monks, a monk is one who depreciates another's worth and is spiteful. Etc. He is envious and stingy, fraudulent and deceitful, having evil desires and having wrong views, adhering to his own views, holding on to them tenaciously, relinquishing them with difficulty. Monks, a monk who is adhering to his own views, holding on to them tenaciously, relinquishing them with difficulty, he dwells disrespectful towards the Teacher, not deferential, dwells disrespectful towards the Teaching, not deferential, dwells disrespectful towards the Community, not deferential, and is not one who fulfils the training. Monks, a monk who dwells disrespectful towards the Teacher, not deferential, towards the Teaching, etc. towards the Community, etc. is not one who fulfils the training, he generates censure in the Community. Which censure is for the harm of many people, for the unhappiness of many people, for the harm, for the detriment, for the suffering of gods and humans. If you, monks, should perceive such a source of censure internally or externally, there you, monks, should strive for the abandoning of that very evil source of censure. If you, monks, should not perceive such a source of censure internally or externally, there you, monks, should proceed for the non-flowing in the future of that very evil source of censure. Thus there is the abandoning of this evil source of censure. Thus there is the non-flowing in the future of this evil source of censure. These are the six sources of censure that are the root of a legal case arising from censure.

"What are the three unwholesome roots that are the root of a legal case arising from censure? Here, monks, monks with greedy minds censure a monk, with malicious minds censure, with deluded minds censure - for failure in morality or failure in good conduct or failure in view or failure in livelihood. These are the three unwholesome roots that are the root of a legal case arising from censure.

"What are the three wholesome roots that are the root of a legal case arising from censure? Here, monks, monks with minds free from greed censure a monk, with minds free from hatred censure, with minds free from delusion censure - for failure in morality or failure in good conduct or failure in view or failure in livelihood. These are the three wholesome roots that are the root of a legal case arising from censure.

"What is the body that is the root of a legal case arising from censure? Here a certain one is ugly, unsightly, dwarfish, sickly, blind or crippled or lame or paralysed, by which they censure him. This is the body that is the root of a legal case arising from censure.

"What is the speech that is the root of a legal case arising from censure? Here a certain one is difficult to admonish, one who stammers, one who speaks with drooling saliva, by which they censure him. This is the speech that is the root of a legal case arising from censure.

218. "What is the root of a legal case arising from offences? The six origins of offences are the root of a legal case arising from offences. There is an offence that originates from the body, not from speech, not from the mind. There is an offence that originates from speech, not from the body, not from the mind. There is an offence that originates from the body and from speech, not from the mind. There is an offence that originates from the body and from the mind, not from speech. There is an offence that originates from speech and from the mind, not from the body. There is an offence that originates from the body and from speech and from the mind. These are the six origins of offences that are the root of a legal case arising from offences.

219. "What is the root of a legal case arising from obligations? A legal case arising from obligations has one root - the monastic community.

220. A legal case arising from contention is wholesome, unwholesome, indeterminate. A legal case arising from contention may be wholesome, may be unwholesome, may be indeterminate. Therein, what is a wholesome legal case arising from contention? Here, monks, monks with wholesome consciousness dispute - 'It is the Teaching' or 'It is not the Teaching', etc. 'It is a coarse offence' or 'It is not a coarse offence'. Whatever quarrel, dispute, strife, contention, different views, other views, harsh speech, quarrelling there is therein - this is called a wholesome legal case arising from contention.

Therein, what is an unwholesome legal case arising from contention? Here, monks, monks with unwholesome consciousness dispute - 'It is the Teaching' or 'It is not the Teaching', etc. 'It is a coarse offence' or 'It is not a coarse offence'. Whatever quarrel, dispute, strife, contention, different views, other views, harsh speech, quarrelling there is therein - this is called an unwholesome legal case arising from contention.

Therein, what is an indeterminate legal case arising from contention? Here, monks, monks with indeterminate consciousness dispute - 'It is the Teaching' or 'It is not the Teaching', etc. 'It is a coarse offence' or 'It is not a coarse offence'. Whatever quarrel, dispute, strife, contention, different views, other views, harsh speech, quarrelling there is therein - this is called an indeterminate legal case arising from contention.

221. A legal case arising from censure is wholesome, unwholesome, indeterminate. A legal case arising from censure may be wholesome, may be unwholesome, may be indeterminate. Therein, what is a wholesome legal case arising from censure? Here, monks, monks with wholesome consciousness censure a monk - for failure in morality or failure in good conduct or failure in view or failure in livelihood. Whatever censure, censuring, accusing, speaking against, repeated crookedness, striving against, giving of support there is therein - this is called a wholesome legal case arising from censure.

Therein, what is an unwholesome legal case arising from censure? Here, monks, monks with unwholesome consciousness censure a monk - for failure in morality or failure in good conduct or failure in view or failure in livelihood. Whatever censure, censuring, accusing, speaking against, repeated crookedness, striving against, giving of support there is therein - this is called an unwholesome legal case arising from censure.

Therein, what is an indeterminate legal case arising from censure? Here, monks, monks with indeterminate consciousness censure a monk - for failure in morality or failure in good conduct or failure in view or failure in livelihood. Whatever censure, censuring, accusing, speaking against, repeated crookedness, striving against, giving of support there is therein - this is called an indeterminate legal case arising from censure.

222. "A legal case arising from offences is wholesome, unwholesome, indeterminate? A legal case arising from offences may be unwholesome, may be indeterminate; there is no wholesome legal case arising from offences. Therein, what is an unwholesome legal case arising from offences? Whatever transgression knowing, perceiving, deliberately, having considered - this is called an unwholesome legal case arising from offences.

"Therein, what is an indeterminate legal case arising from offences? Whatever transgression not knowing, not perceiving, not deliberately, without having considered - this is called an indeterminate legal case arising from offences.

223. A legal case arising from obligations is wholesome, unwholesome, indeterminate? A legal case arising from obligations may be wholesome, may be unwholesome, may be indeterminate. Therein, what is a wholesome legal case arising from obligations? Whatever legal act the Community performs with wholesome consciousness - an act for which permission ought to be asked, a legal act at which a motion is put, a legal act at which a motion is put and is followed by one proclamation, a legal act at which a motion is put and is followed by three proclamations - this is called a wholesome legal case arising from obligations.

Therein, what is an unwholesome legal case arising from obligations? Whatever legal act the Community performs with unwholesome consciousness - an act for which permission ought to be asked, a legal act at which a motion is put, a legal act at which a motion is put and is followed by one proclamation, a legal act at which a motion is put and is followed by three proclamations - this is called an unwholesome legal case arising from obligations.

Therein, what is an indeterminate legal case arising from obligations? Whatever legal act the Community performs with indeterminate consciousness - an act for which permission ought to be asked, a legal act at which a motion is put, a legal act at which a motion is put and is followed by one proclamation, a legal act at which a motion is put and is followed by three proclamations - this is called an indeterminate legal case arising from obligations.

224. Contention is a legal case arising from contention, contention is not a legal case, a legal case is not contention, both a legal case and contention. There may be contention that is a legal case arising from contention, there may be contention that is not a legal case, there may be a legal case that is not contention, there may be both a legal case and contention.

Therein, what is contention that is a legal case arising from contention? Here, monks, monks dispute - 'It is the Teaching' or 'It is not the Teaching', etc. 'It is a coarse offence' or 'It is not a coarse offence'. Whatever quarrel, dispute, strife, contention, different views, other views, harsh speech, quarrelling there is therein - this is contention that is a legal case arising from contention.

Therein, what is contention that is not a legal case? A mother quarrels with her son, a son quarrels with his mother, a father quarrels with his son, a son quarrels with his father, a brother quarrels with his brother, a brother quarrels with his sister, a sister quarrels with her brother, a friend quarrels with his friend - this is contention that is not a legal case.

Therein, what is a legal case that is not contention? A legal case arising from censure, a legal case arising from offences, a legal case arising from obligations - this is a legal case that is not contention.

Therein, what is both a legal case and contention? A legal case arising from contention is both a legal case and contention.

225. Censure is a legal case arising from censure, censure is not a legal case, a legal case is not censure, both a legal case and censure. There may be censure that is a legal case arising from censure, there may be censure that is not a legal case, there may be a legal case that is not censure, there may be both a legal case and censure.

Therein, what is censure that is a legal case arising from censure? Here, monks, monks censure a monk - for failure in morality or failure in good conduct or failure in view or failure in livelihood. Whatever censure, censuring, accusing, speaking against, repeated crookedness, striving against, giving of support there is therein - this is censure that is a legal case arising from censure.

Therein, what is censure that is not a legal case? A mother censures her son, a son censures his mother, a father censures his son, a son censures his father, a brother censures his brother, a brother censures his sister, a sister censures her brother, a friend censures his friend - this is censure that is not a legal case.

Therein, what is a legal case that is not censure? Legal case arising from offences, legal case arising from obligations, legal case arising from contention - this is a legal case that is not censure.

Therein, what is both a legal case and censure? A legal case arising from censure is both a legal case and censure.

226. Offence is a legal case arising from offences, offence is not a legal case, a legal case is not an offence, both a legal case and an offence. There may be an offence that is a legal case arising from offences, there may be an offence that is not a legal case, there may be a legal case that is not an offence, there may be both a legal case and an offence. Therein, what is an offence that is a legal case arising from offences? The five classes of offences are a legal case arising from offences, the seven classes of offences are a legal case arising from offences - this is an offence that is a legal case arising from offences.

Therein, what is an offence that is not a legal case? Stream-entry, attainment - this is an offence that is not a legal case.

Therein, what is a legal case that is not an offence? Legal case arising from obligations, legal case arising from contention, legal case arising from censure - this is a legal case that is not an offence.

Therein, what is both a legal case and an offence? A legal case arising from offences is both a legal case and an offence.

227. A function is a legal case arising from obligations, a function is not a legal case, a legal case is not a function, both a legal case and a function. There may be a function that is a legal case arising from obligations, there may be a function that is not a legal case, there may be a legal case that is not a function, there may be both a legal case and a function.

Therein, what is a function that is a legal case arising from obligations? Whatever is the obligation of the Community, what is to be done, an act for which permission ought to be asked, a legal act at which a motion is put, a legal act at which a motion is put and is followed by one proclamation, a legal act at which a motion is put and is followed by three proclamations - this is a function that is a legal case arising from obligations.

Therein, what is a function that is not a legal case? The function towards a teacher, the function towards a preceptor, the function towards one with the same preceptor, the function towards one with the same teacher - this is a function that is not a legal case.

Therein, what is a legal case that is not a function? A legal case arising from contention, a legal case arising from censure, a legal case arising from offences - this is a legal case that is not a function.

Therein, what is both a legal case and a function? A legal case arising from obligations is both a legal case and a function.

9. Settlement for Appeasement of Legal Cases

Verdict in the Presence

228. "A legal case arising from contention is appeased by how many settlements? A legal case arising from contention is appeased by two settlements - by a verdict in the presence, and by decision of the majority. Could a legal case arising from contention, without recourse to one settlement, the decision of the majority, be settled by one settlement - by a verdict in the presence?" "It could be" should be said to him. In what way? Here, monks, monks dispute - "It is the Teaching" or "It is not the Teaching", "It is monastic discipline" or "It is not monastic discipline", "It was said, spoken by the Tathāgata" or "It was not said, not spoken by the Tathāgata", "It was practised by the Tathāgata" or "It was not practised by the Tathāgata", "It was laid down by the Tathāgata" or "It was not laid down by the Tathāgata", "It is an offence" or "It is no offence", "It is a light offence" or "It is a heavy offence", "It is a remediable offence" or "It is an irremediable offence", "It is a coarse offence" or "It is not a coarse offence".

"If, monks, those monks are able to settle that legal case, this is called, monks, a legal case that is appeased. By what is it appeased? By a verdict in the presence. And what is there in the verdict in the presence? Presence of a Community, presence of rule, presence of monastic discipline, presence of individuals. And what is there the presence of a Community? However many monks are competent for legal acts, they have come, the consent of those deserving to send consent has been brought, those present do not protest - this is there the presence of a Community. And what is there the presence of rule, the presence of monastic discipline? By whatever rule, by whatever monastic discipline, by whatever Teacher's instruction that legal case is appeased - this is there the presence of rule, the presence of monastic discipline. And what is there the presence of individuals? He who disputes, and he with whom he disputes, both hostile about the matter are present - this is there the presence of individuals. If, monks, a legal case thus appeased, the doer reopens, there is an offence requiring expiation for reopening; the consent-giver criticises, there is an offence requiring expiation for criticising.

229. "If, monks, those monks are unable to settle that legal case in that residence, those monks, monks, should go to a residence where there are many monks. If, monks, those monks going to that residence are able to settle that legal case on the way, this is called, monks, a legal case that is appeased. By what is it appeased? By a verdict in the presence. And what is there in the verdict in the presence? Presence of a Community, presence of rule, presence of monastic discipline, presence of individuals. And what is there the presence of a Community? However many monks are competent for legal acts, they have come, the consent of those deserving to send consent has been brought, those present do not protest - this is there the presence of a Community. And what is there the presence of rule, the presence of monastic discipline? By whatever rule, by whatever monastic discipline, by whatever Teacher's instruction that legal case is appeased - this is there the presence of rule, the presence of monastic discipline. And what is there the presence of individuals? He who disputes, and he with whom he disputes, both hostile about the matter are present - this is there the presence of individuals. If, monks, a legal case thus appeased, the doer reopens, there is an offence requiring expiation for reopening; the consent-giver criticises, there is an offence requiring expiation for criticising.

230. "If, monks, those monks coming to that residence are unable to settle that legal case on the way, those monks, monks, having gone to that residence, should address the resident monks thus - 'This legal case, friend, has thus arisen, has thus originated; may the venerable ones settle this legal case by the Teaching, by the monastic discipline, by the Teacher's instruction, so that this legal case may be well appeased.'

"If, monks, the resident monks are more senior, the visiting monks more junior, those resident monks, monks, should address the visiting monks thus - 'Come now, venerable ones, stand aside for a moment, until we consult.' But if, monks, the resident monks are more junior, the visiting monks more senior, those resident monks, monks, should address the visiting monks thus - 'If so, venerable ones, wait here for a moment, until we consult.'

"But if, monks, for the resident monks while consulting it occurs thus - 'We are unable to settle this legal case by the Teaching, by the monastic discipline, by the Teacher's instruction,' that legal case should not be accepted by the resident monks. But if, monks, for the resident monks while consulting it occurs thus - 'We are able to settle this legal case by the Teaching, by the monastic discipline, by the Teacher's instruction,' those resident monks, monks, should address the visiting monks thus - 'If you, venerable ones, report to us this legal case as it arose, as it originated, and as we will settle this legal case by the Teaching, by the monastic discipline, by the Teacher's instruction, thus it will be well appeased. Thus we will accept this legal case. If you, venerable ones, do not report to us this legal case as it arose, as it originated, and as we will settle this legal case by the Teaching, by the monastic discipline, by the Teacher's instruction, thus it will not be well appeased, we will not accept this legal case.' Having thus well considered, monks, that legal case should be accepted by the resident monks.

"Those visiting monks, monks, should address the resident monks thus - 'We report to the venerable ones this legal case as it arose, as it originated. If the venerable ones are able to settle this legal case within this much or that much time by the Teaching, by the monastic discipline, by the Teacher's instruction, thus it will be well appeased. Thus we will hand over this legal case to the venerable ones. If the venerable ones are unable to settle this legal case within this much or that much time by the Teaching, by the monastic discipline, by the Teacher's instruction, thus it will not be well appeased, we will not hand over this legal case to the venerable ones. We ourselves will be the owners of this legal case.' Having thus well considered, monks, that legal case should be handed over by the visiting monks to the resident monks.

Appeasement by Means of a Referendum

231. "If, monks, while that legal case is being judged by those monks, endless speeches arise and the meaning of any statement is not understood, I allow, monks, to settle such a legal case by means of a referendum. "A monk possessed of ten factors should be authorized by means of a referendum - he is virtuous, he dwells restrained by the restraint of the Pātimokkha, accomplished in good conduct and lawful resort, seeing danger in the slightest faults, having accepted the training rules he trains in them; he is very learned, remembering what has been learnt, having great accumulation of learning; whatever teachings that are good in the beginning, good in the middle, good in the end, with meaning and with phrasing, that reveal the holy life that is complete in its entirety and pure - such teachings are very learned by him, retained, practised in speech, contemplated in mind, thoroughly penetrated by view; and both Pātimokkhas are well learnt by him in detail, well divided, well recited, well determined, by rule and by feature; and he is established in the monastic discipline and is unshakable; he is competent to comfort, to convince, to make examine, to make see, to inspire confidence in both parties hostile about the matter; he is skilled in the arising and appeasement of legal cases; he knows a legal case; he knows the origin of a legal case; he knows the cessation of a legal case; he knows the practice leading to the cessation of a legal case. I allow, monks, to authorize a monk possessed of these ten factors by means of a referendum. And thus, monks, he should be authorized. First a monk should be requested, having requested, an experienced and competent monk should inform the Community -

232. "Let the Community hear me, venerable sir. While this legal case of ours is being judged, endless speeches arise and the meaning of any statement is not understood. If it is the proper time for the Community, the Community should authorise the monk of such and such a name and the monk of such and such a name by means of a referendum to settle this legal case. This is the motion.

"Let the Community hear me, venerable sir. While this legal case of ours is being judged, endless speeches arise and the meaning of any statement is not understood. The Community authorises the monk of such and such a name and the monk of such and such a name by means of a referendum to settle this legal case. If the authorisation of the monk of such and such a name and the monk of such and such a name by means of a referendum to settle this legal case is agreeable to the venerable one, he should remain silent; he to whom it is not agreeable should speak.

"The monk of such and such a name and the monk of such and such a name have been authorised by the Community by means of a referendum to settle this legal case. It is agreeable to the Community, therefore they are silent, thus I remember it."

"If, monks, those monks are able to settle that legal case by means of a referendum, this is called, monks, a legal case that is appeased. By what is it appeased? By a verdict in the presence. And what is there in the verdict in the presence? Presence of rule, presence of monastic discipline, presence of individuals, etc. If, monks, a legal case thus appeased, the doer reopens, there is an offence requiring expiation for reopening.

233. "If, monks, while that legal case is being judged by those monks, there should be a monk there who is a preacher of the Teaching, for whom indeed not the rule has come, nor the analysis of the rule, he, not considering the meaning, obstructs the meaning by the shadow of the phrasing, an experienced and competent monk should inform those monks -

"Let the venerable ones hear me. This monk of such and such a name is a preacher of the Teaching. For him indeed not the rule has come, nor the analysis of the rule. He, not considering the meaning, obstructs the meaning by the shadow of the phrasing. If it is the proper time for the venerable ones, having evicted the monk of such and such a name, the rest of us should settle this legal case."

"If, monks, those monks, having evicted that monk, are able to settle that legal case, this is called, monks, a legal case that is appeased. By what is it appeased? By a verdict in the presence. And what is there in the verdict in the presence? Presence of rule, presence of monastic discipline, presence of individuals, etc. If, monks, a legal case thus appeased, the doer reopens, there is an offence requiring expiation for reopening.

"If, monks, while that legal case is being judged by those monks, there should be a monk there who is a preacher of the Teaching, for whom indeed the rule has come, but not the analysis of the rule, he, not considering the meaning, obstructs the meaning by the shadow of the phrasing, an experienced and competent monk should inform those monks -

"Let the venerable ones hear me. This monk of such and such a name is a preacher of the Teaching. For him indeed the rule has come, but not the analysis of the rule. He, not considering the meaning, obstructs the meaning by the shadow of the phrasing. If it is the proper time for the venerable ones, having evicted the monk of such and such a name, the rest of us should settle this legal case."

Decision of the Majority

234. "If, monks, those monks are unable to settle that legal case by means of a referendum, that legal case should be handed over to the Community by those monks, monks - 'We, venerable sir, are unable to settle this legal case by means of a referendum, let the Community itself settle this legal case.' I allow, monks, to settle such a legal case by decision of the majority. A monk possessed of five factors should be authorized as a distributor of voting tickets - one who would not go to bias through desire, would not go to bias through hatred, would not go to bias through delusion, would not go to bias through fear, and would know what has been accepted and what has not been accepted, etc. And thus, monks, he should be authorized. First a monk should be requested, having requested, an experienced and competent monk should inform the Community -

"Let the Community hear me, venerable sir. If it is the proper time for the Community, the Community should authorise the monk of such and such a name as a distributor of voting tickets. This is the motion.

"The monk of such and such a name is authorised by the Community as a distributor of voting tickets. It is agreeable to the Community, therefore they are silent, thus I remember it."

"By that monk who is the distributor of voting tickets, voting tickets should be distributed. As the more numerous monks who speak what is the Teaching declare, so that legal case should be settled. This is called, monks, a legal case that is appeased. By what is it appeased? By a verdict in the presence, and by decision of the majority. And what is there in the verdict in the presence? Presence of a Community, presence of rule, presence of monastic discipline, presence of individuals. And what is there the presence of a Community? However many monks are competent for legal acts, they have come, the consent of those deserving to send consent has been brought, those present do not protest - this is there the presence of a Community. And what is there the presence of rule, the presence of monastic discipline? By whatever rule, by whatever monastic discipline, by whatever Teacher's instruction that legal case is appeased - this is there the presence of rule, the presence of monastic discipline. And what is there the presence of individuals? He who disputes, and he with whom he disputes, both hostile about the matter are present - this is there the presence of individuals. And what is there the decision of the majority? Whatever doing, performing, undertaking, consenting, endurance, non-protesting of the legal act by decision of the majority - this is there the decision of the majority. If, monks, a legal case thus appeased, the doer reopens, there is an offence requiring expiation for reopening; the consent-giver criticises, there is an offence requiring expiation for criticising."

The Threefold Taking of Voting Tickets

235. Now at that time a legal case had thus arisen, thus originated at Sāvatthī. Then those monks - not pleased with the appeasement of the legal case by the monastic community at Sāvatthī - heard that at such and such a residence several elder monks dwell who are very learned, who have learnt the collections, bearers of the Teaching, experts in monastic discipline, bearers of the matrices, wise, experienced, intelligent, having shame, scrupulous, eager to train. If those elder monks were to appease this legal case by the Teaching, by the monastic discipline, by the Teacher's instruction, thus this legal case would be well appeased. Then those monks, having gone to that residence, said this to those elder monks - "This, venerable sir, legal case has thus arisen, thus originated. It would be good, venerable sir, if the elder monks would appease this legal case by the Teaching, by the monastic discipline, by the Teacher's instruction, so that this legal case may be well appeased." Then those elder monks - thinking "as the legal case was appeased by the monastic community at Sāvatthī, thus it is well appeased" - thus appeased that legal case.

Then those monks - not pleased with the appeasement of the legal case by the monastic community at Sāvatthī, not pleased with the appeasement of the legal case by the several elder monks - heard that at such and such a residence three elder monks dwell... etc. two elder monks dwell... etc. one elder monk dwells who is very learned, who has learnt the collections, a bearer of the Teaching, an expert in monastic discipline, a bearer of the matrices, wise, experienced, intelligent, having shame, scrupulous, eager to train. If that elder monk were to appease this legal case by the Teaching, by the monastic discipline, by the Teacher's instruction, thus this legal case would be well appeased. Then those monks, having gone to that residence, said this to that elder monk - "This, venerable sir, legal case has thus arisen, thus originated. It would be good, venerable sir, if the elder monk would appease this legal case by the Teaching, by the monastic discipline, by the Teacher's instruction, so that this legal case may be well appeased." Then that elder monk - thinking "as the legal case was appeased by the monastic community at Sāvatthī, as the legal case was appeased by the several elder monks, as the legal case was appeased by the three elder monks, as the legal case was appeased by the two elder monks, thus it is well appeased" - thus appeased that legal case.

Then those monks, not pleased with the appeasement of the legal case by the monastic community at Sāvatthī, not pleased with the appeasement of the legal case by the several elder monks, not pleased with the appeasement of the legal case by the three elder monks, not pleased with the appeasement of the legal case by the two elder monks, not pleased with the appeasement of the legal case by the one elder monk, approached the Blessed One; having approached, they reported this matter to the Blessed One... etc. "This legal case, monks, has been struck down, is peaceful, appeased, well appeased. I allow, monks, for the convincing of those monks, three vote takings - the secret method, the whispering in the ear method, the open method.

"And how, monks, is the secret vote taking? By that monk who is the distributor of voting tickets, having made the voting tickets of different colours, having approached each monk one by one, he should be addressed thus - 'This is the voting ticket for one who speaks thus, this is the voting ticket for one who speaks thus. Take whichever you wish.' When it has been taken, he should be told - 'Do not show it to anyone.' If he knows - those who speak what is not according to the Teaching are more, it is wrongly taken, it should be withdrawn. If he knows - those who speak what is the Teaching are more, it is well taken, it should be announced. Thus, monks, is the secret vote taking.

"And how, monks, is there vote taking by whispering in the ear? By that monk who is the distributor of voting tickets, it should be announced whispering to each monk - 'This is the voting ticket for one who speaks thus, this is the voting ticket for one who speaks thus. Take whichever you wish.' When it has been taken, he should be told - 'And do not report it to anyone.' If he knows - those who speak what is not according to the Teaching are more, it is wrongly taken, it should be withdrawn. If he knows - those who speak what is the Teaching are more, it is well taken, it should be announced. Thus, monks, is there vote taking by whispering in the ear.

"And how, monks, is there vote taking by the open method? If he knows - those who speak what is the Teaching are more, it should be distributed with a clear and open voice. Thus, monks, is there vote taking by the open method. These, monks, are the three vote takings."

Verdict of Innocence

236. "A legal case arising from censure is appeased by how many settlements? A legal case arising from censure is appeased by four settlements - by a verdict in the presence, and by a verdict of innocence, and by a verdict of past insanity, and by a decision for specific depravity. Could a legal case arising from censure, without recourse to two settlements - a verdict of past insanity, and a decision for specific depravity; be settled by two settlements - by a verdict in the presence, and by a verdict of innocence?" "It could be" should be said to him. In what way? Here, monks, monks accuse a monk with an unfounded charge of failure in morality. To that monk, monks, who has attained full mindfulness, a verdict of innocence should be given. And thus, monks, it should be given:

"That monk, monks, having approached the Community, having arranged his upper robe on one shoulder, etc. should address them thus: 'Monks, venerable sirs, accuse me with an unfounded charge of failure in morality. I, venerable sirs, having attained full mindfulness, request the Community for a verdict of innocence.' For the second time he should request. For the third time he should request. An experienced and competent monk should inform the Community -

"Let the Community hear me, venerable sir. Monks accuse the monk of such and such a name with an unfounded charge of failure in morality. He, having attained full mindfulness, requests the Community for a verdict of innocence. If it is the proper time for the Community, the Community should give a verdict of innocence to the monk of such and such a name who has attained full mindfulness. This is the motion.

"Let the Community hear me, venerable sir. Monks accuse the monk of such and such a name with an unfounded charge of failure in morality. He, having attained full mindfulness, requests the Community for a verdict of innocence. The Community gives a verdict of innocence to the monk of such and such a name who has attained full mindfulness. If the giving of a verdict of innocence to the monk of such and such a name who has attained full mindfulness is agreeable to the venerable one, he should remain silent; he to whom it is not agreeable should speak.

"For the second time I say this matter, etc. For the third time I say this matter, etc.

"A verdict of innocence has been given by the Community to the monk of such and such a name who has attained full mindfulness. It is agreeable to the Community, therefore they are silent, thus I remember it."

"This is called, monks, a legal case that is appeased. By what is it appeased? By a verdict in the presence and by a verdict of innocence. And what is there in the verdict in the presence? Presence of a Community, presence of rule, presence of monastic discipline, presence of individuals, etc. And what is there the presence of individuals? He who censures, and he whom he censures, both are present - this is there the presence of individuals. And what is there in the verdict of innocence? Whatever doing, performing, undertaking, consenting, endurance, non-protesting of the legal act of the verdict of innocence - this is there in the verdict of innocence. If, monks, a legal case thus appeased, the doer reopens, there is an offence requiring expiation for reopening; the consent-giver criticises, there is an offence requiring expiation for criticising.

Verdict of Past Insanity

237. "Could a legal case arising from censure, without recourse to two settlements - the verdict of innocence, and the decision for specific depravity; be settled by two settlements - by a verdict in the presence, and by a verdict of past insanity?" "It could be" should be said to him. In what way? Here, monks, a monk is mad, mentally deranged. By that mad man, mentally deranged, much that is unbecoming of a recluse was habitually done, spoken and undertaken. The monks accuse him of an offence habitually done while mad and mentally deranged - "Does the venerable one remember committing such an offence?" He said thus - 'I indeed, friend, was mad, mentally deranged. By me, being mad and mentally deranged, much that is unbecoming of a recluse was habitually done, spoken and undertaken. I do not remember that. That was done by me when confused.' Even when being told thus, they still accused him - "Does the venerable one remember committing such an offence?" To that monk, monks, who is not confused, a verdict of past insanity should be given. And thus, monks, it should be given:

"That monk, monks, having approached the Community, having arranged his upper robe on one shoulder, etc. should address them thus: 'I, venerable sir, was mad, mentally deranged. By me, being mad and mentally deranged, much that is unbecoming of a recluse was habitually done, spoken and undertaken. The monks accuse me of an offence habitually done while mad and mentally deranged - "Does the venerable one remember committing such an offence?" Then I speak thus - 'I indeed, friend, was mad, mentally deranged. By me, being mad and mentally deranged, much that is unbecoming of a recluse was habitually done, spoken and undertaken. I do not remember that. That was done by me when confused.' Even when being told thus, they still accuse me - "Does the venerable one remember committing such an offence?" I, venerable sir, being not confused, request the Community for a verdict of past insanity." For the second time he should request. For the third time he should request. An experienced and competent monk should inform the Community -

"Let the Community hear me, venerable sir. This monk of such and such a name was mad, mentally deranged. By that mad man, mentally deranged, much that is unbecoming of a recluse was habitually done, spoken and undertaken. The monks accuse him of an offence habitually done while mad and mentally deranged - "Does the venerable one remember committing such an offence?" He said thus - 'I indeed, friend, was mad, mentally deranged. By me, being mad and mentally deranged, much that is unbecoming of a recluse was habitually done, spoken and undertaken. I do not remember that. That was done by me when confused.' Even when being told thus, they still accused him - "Does the venerable one remember committing such an offence?" He, being not confused, requests the Community for a verdict of past insanity. If it is the proper time for the Community, the Community should give the verdict of past insanity to the monk of such and such a name who is not confused. This is the motion.

"Let the Community hear me, venerable sir. This monk of such and such a name was mad, mentally deranged. By that mad man, mentally deranged, much that is unbecoming of a recluse was habitually done, spoken and undertaken. The monks accuse him of an offence habitually done while mad and mentally deranged - "Does the venerable one remember committing such an offence?" He said thus - 'I indeed, friend, was mad, mentally deranged. By me, being mad and mentally deranged, much that is unbecoming of a recluse was habitually done, spoken and undertaken. I do not remember that. That was done by me when confused.' Even when being told thus, they still accused him - "Does the venerable one remember committing such an offence?" He, being not confused, requests the Community for a verdict of past insanity. The Community gives the verdict of past insanity to the monk of such and such a name who is not confused. If the giving of the verdict of past insanity to the monk of such and such a name who is not confused is agreeable to the venerable one, he should remain silent; he to whom it is not agreeable should speak.

"For the second time I say this matter, etc. For the third time I say this matter, etc.

"The verdict of past insanity has been given by the Community to the monk of such and such a name who is not confused. It is agreeable to the Community, therefore they are silent, thus I remember it."

"This is called, monks, a legal case that is appeased. By what is it appeased? By a verdict in the presence, and by a verdict of past insanity. And what is there in the verdict in the presence? Presence of a Community, presence of rule, presence of monastic discipline, presence of individuals, etc. And what is there in the verdict of past insanity? Whatever doing, performing, undertaking, consenting, endurance, non-protesting of the legal act of the verdict of past insanity - this is there in the verdict of past insanity. If, monks, a legal case thus appeased, the doer reopens, there is an offence requiring expiation for reopening; the consent-giver criticises, there is an offence requiring expiation for criticising.

Decision for Specific Depravity

238. "Could a legal case arising from censure, without recourse to two settlements - a verdict of innocence, and a verdict of past insanity; be settled by two settlements - by a verdict in the presence, and by a decision for specific depravity?" "It could be" should be said to him. In what way? Here, monks, a monk accuses a monk in the midst of the Community of a heavy offence - "Does the venerable one remember committing such a heavy offence, of expulsion or bordering on expulsion?" He said thus - "No indeed, friend, I do not remember committing such a heavy offence, of expulsion or bordering on expulsion." He presses him as he tries to wriggle out: "Come now, venerable one, know well whether you remember committing such a heavy offence, of expulsion or bordering on expulsion." He said thus - "No indeed, friend, I do not remember committing such a heavy offence, of expulsion or bordering on expulsion. But I do remember, friend, committing such a trifling offence." He presses him as he tries to wriggle out: "Come now, venerable one, know well whether you remember committing such a heavy offence, of expulsion or bordering on expulsion." He said thus - 'Indeed, friend, having committed such a trifling offence, I would acknowledge it without being asked. Why then would I not acknowledge when asked having committed such a heavy offence, of expulsion or bordering on expulsion?" He said thus - "Indeed, friend, having committed such a trifling offence, you would not acknowledge it without being asked. Why then would you acknowledge without being asked having committed such a heavy offence, of expulsion or bordering on expulsion? Come now, venerable one, know well whether you remember committing such a heavy offence, of expulsion or bordering on expulsion." He said thus - "I do remember, friend, committing such a heavy offence, of expulsion or bordering on expulsion. That was said by me in jest, that was said by me in fun - I do not remember committing such a heavy offence, of expulsion or bordering on expulsion." For that monk, monks, a decision for specific depravity should be performed. And thus, monks, it should be done. An experienced and competent monk should inform the Community -

"Let the Community hear me, venerable sir. This monk of such and such a name, when being questioned about a heavy offence in the midst of the Community, having denied acknowledges, having acknowledged denies, evades one issue with another, consciously speaks falsehood. If it is the proper time for the Community, the Community should perform a decision for specific depravity on the monk of such and such a name. This is the motion.

"Let the Community hear me, venerable sir. This monk of such and such a name, when being questioned about a heavy offence in the midst of the Community, having denied acknowledges, having acknowledged denies, evades one issue with another, consciously speaks falsehood. The Community performs a decision for specific depravity on the monk of such and such a name. If the carrying out of the decision for specific depravity on the monk of such and such a name is agreeable to the venerable one, he should remain silent; he to whom it is not agreeable should speak.

"For the second time I say this matter, etc. For the third time I say this matter, etc.

"The decision for specific depravity on the monk of such and such a name has been performed by the Community. It is agreeable to the Community, therefore they are silent, thus I remember it."

"This is called, monks, a legal case that is appeased. By what is it appeased? By a verdict in the presence and by a decision for specific depravity. And what is there in the verdict in the presence? Presence of a Community, presence of rule, presence of monastic discipline, etc. And what is there in the decision for specific depravity? Whatever doing, performing, undertaking, consenting, endurance, non-protesting of the legal act of decision for specific depravity - this is there the decision for specific depravity. If, monks, a legal case thus appeased, the doer reopens, there is an offence requiring expiation for reopening; the consent-giver criticises, there is an offence requiring expiation for criticising.

Carrying Out on Acknowledgement

239. "A legal case arising from offences is appeased by how many settlements? A legal case arising from offences is appeased by three settlements - by a verdict in the presence, and by carrying out on acknowledgement, and by covering over with grass. Could a legal case arising from offences, without recourse to one settlement - covering over with grass, be settled by two settlements - by a verdict in the presence, and by carrying out on acknowledgement?" "It could be" should be said to him. In what way? Here, monks, a monk has committed a light offence. That monk, monks, having approached one monk, having arranged his upper robe on one shoulder, having sat down squatting, having raised joined palms, should address him thus - "I, friend, have committed such and such an offence; I acknowledge it." He should be told - 'Do you see it?' 'Yes, I see it.' 'You should restrain yourself in the future.'

"This is called, monks, a legal case that is appeased. By what is it appeased? By a verdict in the presence, and by carrying out on acknowledgement. And what is there in the verdict in the presence? Presence of rule, presence of monastic discipline, presence of individuals, etc. And what is there the presence of individuals? He who acknowledges, and he to whom he acknowledges, both are present - this is there the presence of individuals. And what is there in carrying out on acknowledgement? Whatever doing, performing, undertaking, consenting, endurance, non-protesting of the legal act of carrying out on acknowledgement - this is there in carrying out on acknowledgement. If, monks, a legal case thus appeased, the recipient reopens, there is an offence requiring expiation for reopening. If this can be obtained, this is wholesome. If it cannot be obtained, that monk, monks, having approached several monks, having arranged his upper robe on one shoulder, having paid homage at the feet of the senior monks, having sat down squatting, having raised joined palms, should address them thus - "I, venerable sir, have committed such and such an offence; I acknowledge it." An experienced and competent monk should inform those monks:

"Let the venerable ones hear me. This monk of such and such a name remembers an offence, reveals it, makes it clear, confesses it. If it is the proper time for the venerable ones, I would accept the offence of the monk of such and such a name." He should be told - 'Do you see it?' 'Yes, I see it.' 'You should restrain yourself in the future.'

"This is called, monks, a legal case that is appeased. By what is it appeased? By a verdict in the presence, and by carrying out on acknowledgement. And what is there in the verdict in the presence? Presence of rule, presence of monastic discipline, presence of individuals, etc. And what is there the presence of individuals? He who acknowledges, and he to whom he acknowledges, both are present - this is there the presence of individuals. And what is there in carrying out on acknowledgement? Whatever doing, performing, undertaking, consenting, endurance, non-protesting of the legal act of carrying out on acknowledgement - this is there in carrying out on acknowledgement. If, monks, a legal case thus appeased, the recipient reopens, there is an offence requiring expiation for reopening. If this can be obtained, this is wholesome. If it cannot be obtained, that monk, monks, having approached the Community, having arranged his upper robe on one shoulder, having paid homage at the feet of the senior monks, having sat down squatting, having raised joined palms, should address them thus - "I, venerable sir, have committed such and such an offence; I acknowledge it." An experienced and competent monk should inform the Community -

"Let the Community hear me, venerable sir. This monk of such and such a name remembers an offence, reveals it, makes it clear, confesses it. If it is the proper time for the Community, I would accept the offence of the monk of such and such a name." He should be told - 'Do you see it?' 'Yes, I see it.' 'You should restrain yourself in the future.'

"This is called, monks, a legal case that is appeased. By what is it appeased? By a verdict in the presence, and by carrying out on acknowledgement. And what is there in the verdict in the presence? Presence of a Community, presence of rule, presence of monastic discipline, presence of individuals, etc. If, monks, a legal case thus appeased, the recipient reopens, there is an offence requiring expiation for reopening; the consent-giver criticises, there is an offence requiring expiation for criticising.

Covering Over with Grass

240. "Could a legal case arising from offences, without recourse to one settlement - carrying out on acknowledgement, be settled by two settlements - by a verdict in the presence, and by covering over with grass?" "It could be" should be said to him. In what way? Here, monks, when monks who are quarrelling, disputing, engaging in contention are dwelling, much that is unbecoming of a recluse has been habitually done, spoken and undertaken. If therein it occurs to the monks thus: "When we who are quarrelling, disputing, engaging in contention are dwelling, much that is unbecoming of a recluse has been habitually done, spoken and undertaken. If we deal with each other regarding these offences, that legal case might lead to hardness, fierceness, and schism." I allow, monks, to settle such a legal case by covering over with grass. And thus, monks, it should be settled. All should assemble together, and having assembled, an experienced and competent monk should inform the Community:

241. "Then an experienced and competent monk of the other monks on one side should inform his own side:

242. "Then an experienced and competent monk of the other monks on one side should inform the Community -

"Let the Community hear me, venerable sir. When we who are quarrelling, disputing, engaging in contention are dwelling, much that is unbecoming of a recluse has been habitually done, spoken and undertaken. If we deal with each other regarding these offences, that legal case might lead to hardness, fierceness, and schism. I confess in the midst of the Community by covering over with grass whatever offence of these venerable ones and whatever offence of my own, for the benefit of these venerable ones and for my own benefit, setting aside gross offences and those connected with laypeople. If the confession of these our offences in the midst of the Community by covering over with grass, setting aside gross offences and those connected with laypeople, is agreeable to the venerable one, he should remain silent; he to whom it is not agreeable should speak.

"Then of the other monks, etc. thus I remember it."

"This is called, monks, a legal case that is appeased. By what is it appeased? By a verdict in the presence, and by covering over with grass. And what is there in the verdict in the presence? Presence of a Community, presence of rule, presence of monastic discipline, presence of individuals.

"And what is there the presence of a Community? However many monks are competent for legal acts, they have come, the consent of those deserving to send consent has been brought, those present do not protest - this is there the presence of a Community.

"And what is there the presence of rule, the presence of monastic discipline? By whatever rule, by whatever monastic discipline, by whatever Teacher's instruction that legal case is appeased - this is there the presence of rule, the presence of monastic discipline.

"And what is there the presence of individuals? He who acknowledges, and he to whom he acknowledges, both are present - this is there the presence of individuals.

"And what is there in the covering over as with grass? Whatever doing, performing, undertaking, consenting, endurance, non-protesting of the legal act of covering over as with grass - this is there in the covering over as with grass. If, monks, a legal case thus appeased, the recipient reopens, there is an offence requiring expiation for reopening; the consent-giver criticises, there is an offence requiring expiation for criticising.

"A legal case arising from obligations is appeased by how many settlements? A legal case arising from obligations is appeased by one settlement - by a verdict in the presence."

The Stilling Chapter is concluded as fourth.

Next Chapter 5. The Section on Minor Matters

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4. The Minor Chapter

Pali Canon

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4.

The Section on Settlement

1.

Verdict in the Presence

The Nonad on the Dark Fortnight

The Nonad on the Bright Fortnight

2.

Verdict of Innocence

3.

Verdict of Past Insanity

4.

Carrying Out on Acknowledgement

5.

Decision of the Majority

6.

Decision for Specific Depravity

The Twelve on Not a Legally Valid Act

The Twelve on a Legally Valid Act

The Six on Wishing

The Eighteen Duties

7.

Covering Over with Grass

8.

Legal Case

9.

Settlement for Appeasement of Legal Cases

Verdict in the Presence

Appeasement by Means of a Referendum

Decision of the Majority

The Threefold Taking of Voting Tickets

Verdict of Innocence

Verdict of Past Insanity

Decision for Specific Depravity

Carrying Out on Acknowledgement

Covering Over with Grass

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