Kiccādhikaraṇa

Vinayapiṭaka · Cūḷavagga (1) · Vol. 6 · Section 688

[688] And thus, bhikkhus, should it be done. The Saṅgha should be informed by a competent, capable bhikkhu: "Venerable sirs, let the Saṅgha listen to me. This bhikkhu named so-and-so, being examined in the midst of the Saṅgha concerning a grave offense, having denied it, acknowledges it; having acknowledged it, denies it; evades one question with another; speaks deliberate falsehood. If the time is right for the Saṅgha, let the Saṅgha carry out the act of further penalty (tassapāpiyasikā-kamma) against the bhikkhu named so-and-so. This is the motion (ñatti). "Venerable sirs, let the Saṅgha listen to me. This bhikkhu named so-and-so, being examined in the midst of the Saṅgha concerning a grave offense, having denied it, acknowledges it; having acknowledged it, denies it; evades one question with another; speaks deliberate falsehood. The Saṅgha carries out the act of further penalty against the bhikkhu named so-and-so. Whichever venerable one approves of the carrying out of the act of further penalty against the bhikkhu named so-and-so, let him be silent; whoever does not approve, let him speak. "For a second time I speak this matter. … For a third time I speak this matter. … "The act of further penalty has been carried out by the Saṅgha against the bhikkhu named so-and-so. It is approved by the Saṅgha; therefore it is silent. Thus do I hold it." This, bhikkhus, is called a legal issue (adhikaraṇa) that has been settled. Settled by what? By resolution in the presence of (sammukhāvinaya) and by the act of further penalty. And what therein pertains to resolution in the presence of? 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 act of further penalty? Whatever is the doing, the carrying out, the undertaking, the entering upon, the acceptance, the non-protesting of the act of further penalty — this therein pertains to the act of further penalty. If, bhikkhus, when a legal issue has been settled thus, the one who carried it out reopens 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English translation from the Pali (Siam Raṭṭha edition) — under review, not for citation.