Kiccādhikaraṇa

Vinayapiṭaka · Cūḷavagga (1) · Vol. 6 · Section 686

[686] The Saṅgha (saṅgha) should be informed by a competent, capable bhikkhu: "Venerable sirs, let the Saṅgha listen to me. This bhikkhu named so-and-so was mad, his mind deranged. While he was mad, his mind deranged, much that is unworthy of an ascetic was transgressed by him, both spoken and acted out in body. Bhikkhus charge him with an offence (āpatti) transgressed while he was mad, his mind deranged, saying: 'Let the venerable one recollect having committed an offence of such a kind.' He speaks thus: 'Friends, I was indeed mad, my mind deranged. While I was mad, my mind deranged, much that is unworthy of an ascetic was transgressed by me, both spoken and acted out in body. I do not remember it; this was done by me while deranged.' Though he speaks thus, they still charge him, saying: 'Let the venerable one recollect having committed an offence of such a kind.' He, no longer deranged, asks the Saṅgha for a verdict of past insanity (amūḷhavinaya). If it is the right time for the Saṅgha, let the Saṅgha give the verdict of past insanity to the bhikkhu named so-and-so, who is no longer deranged. This is the motion (ñatti). "Venerable sirs, let the Saṅgha listen to me. This bhikkhu named so-and-so was mad, his mind deranged. While he was mad, his mind deranged, much that is unworthy of an ascetic was transgressed by him, both spoken and acted out in body. Bhikkhus charge him with an offence transgressed while he was mad, his mind deranged, saying: 'Let the venerable one recollect having committed an offence of such a kind.' He speaks thus: 'Friends, I was indeed mad, my mind deranged. While I was mad, my mind deranged, much that is unworthy of an ascetic was transgressed by me, both spoken and acted out in body. I do not remember it; this was done by me while deranged.' Though he speaks thus, they still charge him, saying: 'Let the venerable one recollect having committed an offence of such a kind.' He, no longer deranged, asks the Saṅgha for a verdict of past insanity. The Saṅgha gives the verdict of past insanity to the bhikkhu named so-and-so, who is no longer deranged. Whichever venerable one approves of the giving of the verdict of past insanity to the bhikkhu named so-and-so, who is no longer deranged, he should remain silent; whichever one does not approve, he should speak. "For a second time I speak on this matter … For a third time I speak on this matter … "The verdict of past insanity has been given by the Saṅgha to the bhikkhu named so-and-so, who is no longer deranged. The Saṅgha approves; 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 resolution in the presence (sammukhāvinaya) and by the verdict of past insanity. And what therein pertains to resolution in the presence? The presence of the Saṅgha, the presence of the Dhamma, the presence of the Vinaya, the presence of the persons … And what therein pertains to the verdict of past insanity? Whatever is the performance, the doing, the undertaking, the entering upon, the acceptance, and the non-protesting of the act of the verdict of past insanity — this therein pertains to the verdict of past insanity. If, bhikkhus, a legal issue thus settled is reopened by the one who carried it out, the reopening is a pācittiya offence; if one who gave his consent (chanda) criticizes it, the criticizing is a pācittiya offence.

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

This passage also appears in 5 other places