Adhikaraṇabheda

Vinayapiṭaka · Parivāra · Vol. 8 · Section 1051

[1051] Is a legal issue arising from accusation (anuvādādhikaraṇa) an offence or not an offence? A legal issue arising from accusation is not an offence. But might one commit an offence in consequence of a legal issue arising from accusation? Yes, in consequence of a legal issue arising from accusation one might commit an offence (āpatti). In consequence of a legal issue arising from accusation, how many offences does one commit? In consequence of a legal issue arising from accusation one commits three offences: one charges a bhikkhu with an unfounded case of pārājika — an offence of saṅghādisesa; one charges him with an unfounded saṅghādisesa — an offence of pācittiya; one charges him with an unfounded failure of conduct (ācāravipatti) — an offence of dukkaṭa. In consequence of a legal issue arising from accusation one commits these three offences. Among the four failures (vipatti), to how many failures do those offences belong? Among the four legal issues, which legal issue are they? Among the seven classes of offences (āpattikkhandha), by how many classes of offences are they comprised? Among the six origins of offences (samuṭṭhāna), from how many origins do they arise? By how many legal issues, in how many places, by how many means of settlement (samatha) are they settled? Those offences belong to two of the four failures: sometimes to failure of virtue (sīlavipatti), sometimes to failure of conduct. Of the four legal issues, they are the legal issue of offences (āpattādhikaraṇa). Of the seven classes of offences, they are comprised by three classes of offences: sometimes by the saṅghādisesa class of offences, sometimes by the pācittiya class of offences, sometimes by the dukkaṭa class of offences. Of the six origins of offences, they arise from three origins. The offence that is grave is settled by one legal issue — the legal issue of business (kiccādhikaraṇa) — in one place, in the midst of the Saṅgha, by two means of settlement: by removal in the presence (sammukhāvinaya) and by acting upon acknowledgment (paṭiññātakaraṇa). Those offences that are light are settled by one legal issue — the legal issue of business — in three places, in the midst of the Saṅgha, in the midst of a group, or in the presence of an individual, by three means of settlement: sometimes by removal in the presence together with acting upon acknowledgment, and sometimes by removal in the presence together with covering over as with grass (tiṇavatthāraka).

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

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