Kiccādhikaraṇa

Vinayapiṭaka · Cūḷavagga (1) · Vol. 6 · Section 674

[674] Bhikkhus, if those bhikkhus, while going to that residence, are unable to settle that legal issue (adhikaraṇa) along the way, then, bhikkhus, having arrived at that residence, those bhikkhus should say to the resident bhikkhus: "Friends, this legal issue has arisen thus, has come about thus. It would be good if the venerable ones would settle this legal issue in accordance with the Dhamma, the Vinaya, and the Teacher's instruction, in such a way that this legal issue may be well settled." Bhikkhus, if the resident bhikkhus are more senior and the incoming bhikkhus more junior, then, bhikkhus, the resident bhikkhus should say to the incoming bhikkhus: "Please, venerable ones, withdraw to one side for a moment while we confer." But if, bhikkhus, the resident bhikkhus are more junior and the incoming bhikkhus more senior, then, bhikkhus, the resident bhikkhus should say to the incoming bhikkhus: "In that case, venerable ones, please remain right here for a moment while we confer." If, bhikkhus, while the resident bhikkhus are conferring, it occurs to them: "We are not able to settle this legal issue in accordance with the Dhamma, the Vinaya, and the Teacher's instruction," then that legal issue should not be accepted by the resident bhikkhus. But if, bhikkhus, while the resident bhikkhus are conferring, it occurs to them: "We are able to settle this legal issue in accordance with the Dhamma, the Vinaya, and the Teacher's instruction," then, bhikkhus, the resident bhikkhus should say to the incoming bhikkhus: "If you, venerable ones, will inform us of this legal issue as it arose and as it came about, then in such a way that, as we settle this legal issue in accordance with the Dhamma, the Vinaya, and the Teacher's instruction, it will be well settled — on these terms we will accept this legal issue. But if you, venerable ones, will not inform us of this legal issue as it arose and as it came about, then, as we might settle this legal issue in accordance with the Dhamma, the Vinaya, and the Teacher's instruction, it will not be well settled — we will not accept this legal issue." Having thus made sure of it, bhikkhus, that legal issue should be accepted by the resident bhikkhus. Bhikkhus, the incoming bhikkhus should say to the resident bhikkhus: "We will inform the venerable ones of this legal issue as it arose and as it came about. If the venerable ones are able, within this much or that much time, to settle this legal issue in accordance with the Dhamma, the Vinaya, and the Teacher's instruction, so that it will be well settled — on these terms we will hand over this legal issue to the venerable ones. But if the venerable ones are not able, within this much or that much time, to settle this legal issue in accordance with the Dhamma, the Vinaya, and the Teacher's instruction, so that it will not be well settled — we will not hand over this legal issue to the venerable ones; we ourselves will remain the owners of this legal issue." Having thus made sure of it, bhikkhus, that legal issue should be handed over by the incoming bhikkhus to the resident bhikkhus. If, bhikkhus, those bhikkhus are able to settle that legal issue, this, bhikkhus, is called a legal issue well settled. Settled by what? By resolution in the presence (sammukhāvinaya). And what is there in that resolution in the presence? The presence of the Saṅgha, the presence of the Dhamma, the presence of the Vinaya, the presence of the individuals. … If, bhikkhus, a legal issue thus settled is reopened by the one who took part in it, the reopening is an offense of pācittiya; if one who gave his consent criticizes it, the criticizing is an offense of pācittiya.

English translation from the Pali (Siam Raṭṭha edition) — under review, not for citation.