Kiccādhikaraṇa

Vinayapiṭaka · Cūḷavagga (1) · Vol. 6 · Section 684

[684] The Saṅgha should be informed by a competent, capable **bhikkhu**: "Venerable sirs, let the Saṅgha listen to me. The bhikkhus accuse the bhikkhu named so-and-so of an unfounded failure in virtue (amūlikāya sīlavipattiyā). He, having attained fullness of **mindfulness**, requests the verdict of mindfulness (sativinaya) from the Saṅgha. If it is the right time for the Saṅgha, the Saṅgha should give the verdict of mindfulness to the bhikkhu named so-and-so, who has attained fullness of mindfulness. This is the motion (ñatti). "Venerable sirs, let the Saṅgha listen to me. The bhikkhus accuse the bhikkhu named so-and-so of an unfounded failure in virtue. He, having attained fullness of mindfulness, requests the verdict of mindfulness from the Saṅgha. The Saṅgha gives the verdict of mindfulness to the bhikkhu named so-and-so, who has attained fullness of mindfulness. Any venerable one to whom the giving of the verdict of mindfulness to the bhikkhu named so-and-so, who has attained fullness of mindfulness, is agreeable should remain silent; anyone to whom it is not agreeable should speak. "For a second time I state this matter. … For a third time I state this matter. … "The verdict of mindfulness has been given by the Saṅgha to the bhikkhu named so-and-so, who has attained fullness of mindfulness. It is agreeable to the Saṅgha; therefore it is silent. Thus do I hold it." Bhikkhus, this is called a legal issue (adhikaraṇa) that has been settled. Settled by what? By the verdict in the presence (sammukhāvinaya) and by the verdict of mindfulness. And what therein belongs to the verdict in the presence? Presence of the Saṅgha, presence of the Dhamma, presence of the Vinaya, presence of the individuals. … And what therein is presence of the individuals? The one who accuses and the one whom he accuses are both present face to face — this therein is presence of the individuals. And what therein belongs to the verdict of mindfulness? Whatever there is of the carrying out, the doing, the undertaking, the entering upon, the consenting to, and the not objecting to the act of the verdict of mindfulness — this therein belongs to the verdict of mindfulness. Bhikkhus, if a legal issue thus settled is reopened by the one who carried it out, the reopening is a pācittiya offense; if one who gave consent (chanda) criticizes it, the criticizing is a pācittiya offense.

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

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