Kiccādhikaraṇa

Vinayapiṭaka · Cūḷavagga (1) · Vol. 6 · Section 685

[685] "Might a legal issue arising from accusation (anuvādādhikaraṇa), without recourse to two means of settlement (samatha)—the verdict of mindfulness (sativinaya) and the act of further penalty (tassapāpiyasikā)—be settled by two means of settlement: settlement in the presence (sammukhāvinaya) and the verdict of past insanity (amūḷhavinaya)?" It should be answered: "It might." How so? Bhikkhus, here a bhikkhu is insane, his mind deranged. While insane, with mind deranged, he has perpetrated much that is unworthy of an ascetic, both in what was spoken and in what was enacted. The bhikkhus charge him with an offense (āpatti) for what he perpetrated while insane, with mind deranged: "Does the venerable one remember having committed such an offense?" He speaks thus: "Friends, I was insane, my mind deranged. While I was insane, with mind deranged, much that is unworthy of an ascetic was perpetrated by me, both in what was spoken and in what was enacted. I do not remember it; that was done by me while deranged." Though he speaks to them thus, they still press the charge: "Does the venerable one remember having committed such an offense?" Bhikkhus, to that bhikkhu, being no longer deranged, the verdict of past insanity should be given. And thus, bhikkhus, should it be given: that bhikkhu should approach the Saṅgha, arrange his upper robe over one shoulder, … and he should speak thus: "Venerable sirs, I was insane, my mind deranged. While I was insane, with mind deranged, much that is unworthy of an ascetic was perpetrated by me, both in what was spoken and in what was enacted. The bhikkhus charge me with an offense for what I perpetrated while insane, with mind deranged: 'Does the venerable one remember having committed such an offense?' I say to them thus: 'Friends, I was insane, my mind deranged. While I was insane, with mind deranged, much that is unworthy of an ascetic was perpetrated by me, both in what was spoken and in what was enacted. I do not remember it; that was done by me while deranged.' Though I speak to them thus, they still press the charge: 'Does the venerable one remember having committed such an offense?' Venerable sirs, I, being no longer deranged, request the verdict of past insanity from the Saṅgha." It should be requested a second time; it should be requested a third time.

English translation from the Pali (Siam Raṭṭha edition) — under review, not for citation.

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