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Romanised transliteration as printed by the translator, not the original script. This is what we hold.
1Such adispute is not a legal question requiring formal settlement by the Samgha. ‘And of these, which is a legal question that is not a dispute? A legal question of censure, or a legal question of offence, or a legal question of business. This is a legal question which is not a dispute. ‘And of these, which is a legal question requiring formal settlement which is also a dispute? A legal question of dispute that requires formal settlement by the Samgha is both such a legal question and also a dispute.’ 13. [The same distinction drawn between censure, and a legal question of censure requiring formal settlement. ] 14. ‘Offence. Legal question arising out of an offence. Offence which is not subject of a legal question. Legal question and no offence. Legal question and offence too. ‘There may be an offence which is subject of a legal question of offence. There may be an offence and no legal question. There may be legal question and no offence. There may be legal question and offence too. ‘Of these, which is the offence which may be subject of a legal question? The five groups of offences are subjects of legal questions of offence ; the seven groups of offences are subjects of legal questions of offence. These are offences which may be subject of a legal question. 44 KULLAVAGGA. / IV, 14, 15. ‘And of these, which is an offence (A patti) which is not subject of a legal question ? Conversion, higher attainment (sot-4patti, sam-4patti), these are Apattis which are not subjects of a legal question’. These are 4pattis not subjects of a legal question. ‘And of these, what is the legal question where there is no offence? A legal question of official duty, a legal question of censure, a legal question of dispute. These are legal questions where there may be no offence. ‘ And of these, which is the case in which there is both a legal question and an offence too? A legal question regarding an offence is a case in which there is both a legal question and an offence too. 15. ‘ Official duty which is subject of a legal question of business. Duty and no legal question. Legal question and no duty. Legal question and duty too. ‘There may be [each of these four]. ‘Of these, which is official duty which is subject of a legal question ? Whatsoever is to the Samgha a thing which ought to be done, an obligation, a matter for which leave ought to be formally asked, the proposal of a resolution, the proceeding by watti-dutiya-kamma, or by #atti-zatutthakamma, that is official duty which may be the subject of a legal question of business.
21 This is merely a play upon words. Apatti is literally ‘attainment to.’ Standing alone it is always used with the connotation of ‘attainment to guilt, sin, offence,’ so that its etymological meaning is always lost sight of. Sotapatti is the ‘attainment to,’ the ‘entering upon’ the stream, that is, the course of the Excellent Way. The Sam4pattis, literally, ‘complete, or higher, attainments,’ are eight successive states of ecstatic insight or meditation practised by Arahats and other men of advanced spiritual culture. The question stated is in fact a riddle, like so many of the questions stated in the Parivara and the Puggala-paffatti. IV, 14,16. THE SETTLEMENT OF DISPUTES. 45 ‘And of these, which is the official duty which is not subject of legal question? The duties of an Aariya, of an upagg Aya, of a fellow pupil under the same upagg4ya or A&ariya, that is business, but not subject of a legal question of business. ‘And of these, which is a legal question but not official duty ? A legal question arising out of dispute, a legal question arising out of censure, a legal question arising out of offence. This is a legal question of business, but not official duty. ‘And of these, which is both legal question and official duty too? A legal question arising out of official business is both legal question of business and official duty too}. 16. ‘But by what kind of settlements is a legal question arising out of dispute brought to settlement? By two kinds of settlement, by the Proceeding in presence’, and by the Proceeding by majority of the Samgha °. ‘If one should ask, “Can it be that a legal question arising out of dispute without recourse having been had to the one mode of settlement—to wit, the Proceeding by majority of the Samgha—can it be that it may be settled by the other mode of settlement, to wit, by the Proceeding in presence ?” He should be told “Yes, it can.” (If he should say), “ How may that be?” the answer should be as follows: “In 1 Here again the whole section depends upon a play upon the various meanings of the word kifdam. In the technical phrase kikkAadhikaramam, the word means solely the business or the agenda at the formal meetings of the Samgha (compare above, § 7). In the problems or riddles bf this section its more common meaning of ‘duty’ is brought into play. *? Sammukhf&-vinayena. See above, chapter 2. * Yebhuyyasikena. See above, chapter g. 46 KULLAVAGGA. IV, 14, 16. the case when the Bhikkhus dispute, saying, ‘ This is the Dhamma, or ‘ This is not the Dhamma’ (&c., as before, in § 2, down to), or ‘ This is not a most grave offence.” If, O Bhikkhus, those Bhikkhus, are able to settle their own dispute, that is called, O Bhikkhus, the settlement of the dispute. ‘1 And how has it been settled? By the Proceeding in presence.
3‘1 And how has it been settled? By the Proceeding in presence. ‘And what must there be in such a Proceeding in presence? There must be the presence of the Samgha, the presence of the Dhamma, the presence of the Vinaya, and the presence of the particular person. ‘And therein, what is the presence of the Samgha ? As many Bhikkhus as are capable of taking part in the proceeding ?, they must be present. The formal consent must be produced of those who are in a fit state to convey their consent *®. Those who are present must have lodged no objection (against any one of them taking part in the proceeding)*. This is the “ presence” in such a matter of the Samgha. ‘And of these, what is the presence of the Dhamma, and the presence of the Vinaya? The Dhamma, and the Vinaya, and the teaching of the Master by the aid of which that legal question is settled. That is the “presence” in such a matter of the Dhamma, and of the Vinaya. ‘And of these, what is the presence of the par- 1 The following five paragraphs recur in IV, 14, §§ 24, 27, and four of them in IV, 14, 21, 30. * Kammappatt& See Parivara XIX, 1, 7, et seq. 5 See above, Mahavagga II, 23. * Or rather, perhaps, ‘against the proceedings which are being carried out.’ TV, 14,18. THE SETTLEMENT OF DISPUTES. 47 ticular person? He who disputes, and he with whom he disputes—both friends and foes —must be present. That is the “presence” in such a matter of the particular person. ‘When a legal question, O Bhikkhus, has been thus settled, if a disputant re-open the question, such re-opening of the question is a PAsittiya’, If one who has conveyed his consent complain of the decision, such complaint is a Pafittiya ?. 17. ‘If those Bhikkhus, O Bhikkhus, are not able to settle the legal question within. their own residence (AvAsa), those Bhikkhus should go, O Bhikkhus, to some residence in which there are a larger number of Bhikkhus. Then if those Bhikkhus, O Bhikkhus, should succeed, whilst on their way to that residence, in settling the legal question, that, O Bhikkhus, is called a settlement of it. And how has it been settled ? (&c., as in the last paragraph of the previous section, down to the end.) 18. ‘If those Bhikkhus are not able, O Bhikkhus, to settle the legal question whilst they are on their way to that residence, then those Bhikkhus, on their arrival at that residence, are to address the Bhikkhus at that residence thus: ‘Such and such a legal question, Sirs, has arisen thus, and has been carried on thus amongst us. It would be well if you, Sirs, would settle that legal question for us according to the Dhamma, and according to the Vinaya, and according to the teaching of the Master, to the end that that legal question may be thoroughly settled.” If the Bhikkhus dwelling in that residence 1 This is the 63rd Pasittiya. 2 This is the 79th PAdittiya. The whole paragraph is repeated several times below in this chapter. 48 KULLAVAGGA. TV, 14, 18.
The source text as printed, transcribed diplomatically. Where the source language uses a non-Latin script that reaches us only through a Victorian romanisation, this layer is labelled transliteration, because that is what we hold.
Romanised transliteration as printed by the translator, not the original script. This is what we hold.
1Such adispute is not a legal question requiring formal settlement by the Samgha. ‘And of these, which is a legal question that is not a dispute? A legal question of censure, or a legal question of offence, or a legal question of business. This is a legal question which is not a dispute. ‘And of these, which is a legal question requiring formal settlement which is also a dispute? A legal question of dispute that requires formal settlement by the Samgha is both such a legal question and also a dispute.’ 13. [The same distinction drawn between censure, and a legal question of censure requiring formal settlement. ] 14. ‘Offence. Legal question arising out of an offence. Offence which is not subject of a legal question. Legal question and no offence. Legal question and offence too. ‘There may be an offence which is subject of a legal question of offence. There may be an offence and no legal question. There may be legal question and no offence. There may be legal question and offence too. ‘Of these, which is the offence which may be subject of a legal question? The five groups of offences are subjects of legal questions of offence ; the seven groups of offences are subjects of legal questions of offence. These are offences which may be subject of a legal question. 44 KULLAVAGGA. / IV, 14, 15. ‘And of these, which is an offence (A patti) which is not subject of a legal question ? Conversion, higher attainment (sot-4patti, sam-4patti), these are Apattis which are not subjects of a legal question’. These are 4pattis not subjects of a legal question. ‘And of these, what is the legal question where there is no offence? A legal question of official duty, a legal question of censure, a legal question of dispute. These are legal questions where there may be no offence. ‘ And of these, which is the case in which there is both a legal question and an offence too? A legal question regarding an offence is a case in which there is both a legal question and an offence too. 15. ‘ Official duty which is subject of a legal question of business. Duty and no legal question. Legal question and no duty. Legal question and duty too. ‘There may be [each of these four]. ‘Of these, which is official duty which is subject of a legal question ? Whatsoever is to the Samgha a thing which ought to be done, an obligation, a matter for which leave ought to be formally asked, the proposal of a resolution, the proceeding by watti-dutiya-kamma, or by #atti-zatutthakamma, that is official duty which may be the subject of a legal question of business.
21 This is merely a play upon words. Apatti is literally ‘attainment to.’ Standing alone it is always used with the connotation of ‘attainment to guilt, sin, offence,’ so that its etymological meaning is always lost sight of. Sotapatti is the ‘attainment to,’ the ‘entering upon’ the stream, that is, the course of the Excellent Way. The Sam4pattis, literally, ‘complete, or higher, attainments,’ are eight successive states of ecstatic insight or meditation practised by Arahats and other men of advanced spiritual culture. The question stated is in fact a riddle, like so many of the questions stated in the Parivara and the Puggala-paffatti. IV, 14,16. THE SETTLEMENT OF DISPUTES. 45 ‘And of these, which is the official duty which is not subject of legal question? The duties of an Aariya, of an upagg Aya, of a fellow pupil under the same upagg4ya or A&ariya, that is business, but not subject of a legal question of business. ‘And of these, which is a legal question but not official duty ? A legal question arising out of dispute, a legal question arising out of censure, a legal question arising out of offence. This is a legal question of business, but not official duty. ‘And of these, which is both legal question and official duty too? A legal question arising out of official business is both legal question of business and official duty too}. 16. ‘But by what kind of settlements is a legal question arising out of dispute brought to settlement? By two kinds of settlement, by the Proceeding in presence’, and by the Proceeding by majority of the Samgha °. ‘If one should ask, “Can it be that a legal question arising out of dispute without recourse having been had to the one mode of settlement—to wit, the Proceeding by majority of the Samgha—can it be that it may be settled by the other mode of settlement, to wit, by the Proceeding in presence ?” He should be told “Yes, it can.” (If he should say), “ How may that be?” the answer should be as follows: “In 1 Here again the whole section depends upon a play upon the various meanings of the word kifdam. In the technical phrase kikkAadhikaramam, the word means solely the business or the agenda at the formal meetings of the Samgha (compare above, § 7). In the problems or riddles bf this section its more common meaning of ‘duty’ is brought into play. *? Sammukhf&-vinayena. See above, chapter 2. * Yebhuyyasikena. See above, chapter g. 46 KULLAVAGGA. IV, 14, 16. the case when the Bhikkhus dispute, saying, ‘ This is the Dhamma, or ‘ This is not the Dhamma’ (&c., as before, in § 2, down to), or ‘ This is not a most grave offence.” If, O Bhikkhus, those Bhikkhus, are able to settle their own dispute, that is called, O Bhikkhus, the settlement of the dispute. ‘1 And how has it been settled? By the Proceeding in presence.
3‘1 And how has it been settled? By the Proceeding in presence. ‘And what must there be in such a Proceeding in presence? There must be the presence of the Samgha, the presence of the Dhamma, the presence of the Vinaya, and the presence of the particular person. ‘And therein, what is the presence of the Samgha ? As many Bhikkhus as are capable of taking part in the proceeding ?, they must be present. The formal consent must be produced of those who are in a fit state to convey their consent *®. Those who are present must have lodged no objection (against any one of them taking part in the proceeding)*. This is the “ presence” in such a matter of the Samgha. ‘And of these, what is the presence of the Dhamma, and the presence of the Vinaya? The Dhamma, and the Vinaya, and the teaching of the Master by the aid of which that legal question is settled. That is the “presence” in such a matter of the Dhamma, and of the Vinaya. ‘And of these, what is the presence of the par- 1 The following five paragraphs recur in IV, 14, §§ 24, 27, and four of them in IV, 14, 21, 30. * Kammappatt& See Parivara XIX, 1, 7, et seq. 5 See above, Mahavagga II, 23. * Or rather, perhaps, ‘against the proceedings which are being carried out.’ TV, 14,18. THE SETTLEMENT OF DISPUTES. 47 ticular person? He who disputes, and he with whom he disputes—both friends and foes —must be present. That is the “presence” in such a matter of the particular person. ‘When a legal question, O Bhikkhus, has been thus settled, if a disputant re-open the question, such re-opening of the question is a PAsittiya’, If one who has conveyed his consent complain of the decision, such complaint is a Pafittiya ?. 17. ‘If those Bhikkhus, O Bhikkhus, are not able to settle the legal question within. their own residence (AvAsa), those Bhikkhus should go, O Bhikkhus, to some residence in which there are a larger number of Bhikkhus. Then if those Bhikkhus, O Bhikkhus, should succeed, whilst on their way to that residence, in settling the legal question, that, O Bhikkhus, is called a settlement of it. And how has it been settled ? (&c., as in the last paragraph of the previous section, down to the end.) 18. ‘If those Bhikkhus are not able, O Bhikkhus, to settle the legal question whilst they are on their way to that residence, then those Bhikkhus, on their arrival at that residence, are to address the Bhikkhus at that residence thus: ‘Such and such a legal question, Sirs, has arisen thus, and has been carried on thus amongst us. It would be well if you, Sirs, would settle that legal question for us according to the Dhamma, and according to the Vinaya, and according to the teaching of the Master, to the end that that legal question may be thoroughly settled.” If the Bhikkhus dwelling in that residence 1 This is the 63rd Pasittiya. 2 This is the 79th PAdittiya. The whole paragraph is repeated several times below in this chapter. 48 KULLAVAGGA. TV, 14, 18.
The source text as printed, transcribed diplomatically. Where the source language uses a non-Latin script that reaches us only through a Victorian romanisation, this layer is labelled transliteration, because that is what we hold.
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