English
I allow, O bhikkhus, such a dispute to be settled by referral. A bhikkhu endowed with ten qualities should be appointed for referral: He is virtuous, he dwells restrained by the Patimokkha restraint, accomplished in conduct and resort, seeing danger in the slightest faults, undertaking and training in the training rules; he is learned, a holder of what he has heard, a gatherer of what he has heard, those teachings that are good in the beginning, good in the middle, good in the end... They speak of the holy life, not beautiful, with meaning, with phrasing, completely perfect, pure. For such a one, the teachings are much heard, retained, familiar by word, examined by mind, well-penetrated by view. Moreover, for him, both Pātimokkhas are well-received in detail, well-divided, well-practiced, well-determined, according to the suttas, according to the details. And in the Vinaya, he is firm, unwavering. He is capable of reassuring, convincing, persuading, observing, and gladdening both the plaintiff and the defendant. He is skilled in the arising and appeasement of disputes. He knows the dispute. He knows the origin of the dispute. He knows the cessation of the dispute. He knows the path leading to the cessation of the dispute. I allow, monks, a monk endowed with these ten qualities to be appointed to the committee. And thus, monks, he should be appointed. First, the monk should be asked. Having asked, the Sangha should be informed by a competent and capable monk – 232. May the Sangha, sirs, hear me. While this dispute of ours is being settled, endless quarrels arise, and the meaning of no one's speech is understood. If it is suitable for the Sangha, may the Sangha appoint the monk named so-and-so and the monk named so-and-so to the committee to settle this dispute. This is the motion. May the Sangha, sirs, hear me. While this dispute of ours is being settled, endless quarrels arise, and the meaning of no one's speech is understood. The Sangha appoints the monk named so-and-so and the monk named so-and-so to the committee to settle this dispute. If the appointment of the monk named so-and-so and the monk named so-and-so to the committee to settle this dispute is agreeable to any venerable one, let him be silent. If it is not agreeable, let him speak. The monk named so-and-so and the monk named so-and-so have been appointed by the Sangha to the committee for this dispute... to settle the case. It is agreeable to the Sangha, therefore silent, thus I hold this. If, bhikkhus, those bhikkhus are able to settle that case by a vote, this is called, bhikkhus, a settled case. By what is it settled? By the Rule of Presence. And what is there in that Rule of Presence? Presence of Dhamma, Presence of Vinaya, Presence of individuals…and so on… If, bhikkhus, a case thus settled a doer reopens, it is an offense of expiation for reopening. If, bhikkhus, by those bhikkhus while that case is being decided, there is a bhikkhu who is a Dhamma speaker, for whom neither the Sutta has come, nor the Sutta-analysis, he, not discerning the meaning, obstructs the meaning by the shadow of the letter, by a competent and capable bhikkhu those bhikkhus should be informed – Let the venerable ones hear me. This bhikkhu, so-and-so, is a Dhamma speaker. For him neither the Sutta has come, nor the Sutta-analysis. He, not discerning the meaning, obstructs the meaning by the shadow of the letter. When it is suitable for the venerable ones, having made this bhikkhu, so-and-so, rise, the rest of us should settle this case. If, bhikkhus, those bhikkhus having made that bhikkhu rise, are able to settle that case, this is called, bhikkhus, a settled case. By what is it settled? By the Rule of Presence. And what is there in that Rule of Presence? Presence of Dhamma, Presence of Vinaya, Presence of individuals…and so on… If, bhikkhus, a case thus settled a doer reopens, it is an offense of expiation for reopening. If, bhikkhus, by those bhikkhus while that case is being decided, there is a bhikkhu who is a Dhamma speaker, for whom indeed the Sutta has come, but not the Sutta-analysis, he, not discerning the meaning, obstructs the meaning by the shadow of the letter, by a competent and capable bhikkhu those bhikkhus should be informed – Let the venerable ones hear me. This so-and-so A monk named so-and-so is a Dhamma speaker. For him, only the Sutta has come, not the Suttavibhaṅga. Not discerning the meaning, he obstructs the meaning with the shadow of the letter. When it is suitable for the venerable ones, having made that monk so-and-so rise, the rest of us will settle this dispute. If, monks, those monks, having made that monk rise, are able to settle that dispute, this, monks, is called a settled dispute. By what is it settled? By settlement in the presence. And what is there in settlement in the presence? Presence of Dhamma, presence of Vinaya, presence of persons... If, monks, when a dispute is thus settled, a doer appeals, there is an offense of expiation for the one who appeals. Settlement by majority vote If, monks, those monks are not able to settle that dispute by reference, then, monks, those monks should hand over that dispute to the Sangha— "We, venerable sirs, are not able to settle this dispute by reference; may the Sangha itself settle this dispute." I allow, monks, to settle such a dispute by majority vote. A monk endowed with five qualities should be appointed as the vote-taker— one who would not go by way of desire, would not go by way of hatred, would not go by way of delusion, would not go by way of fear, and would know what is taken and not taken... And thus, monks, he should be appointed. First, the monk should be requested, and having requested, a competent and able monk should inform the Sangha— "May the Sangha, venerable sirs, listen to me. If it is suitable for the Sangha, may the Sangha appoint the monk so-and-so as the vote-taker. This is the motion. May the Sangha, venerable sirs, listen to me. The Sangha appoints the monk so-and-so as the vote-taker. To whomever among the venerable ones the appointment of the monk so-and-so as vote-taker is agreeable, he should remain silent; to whomever it is not agreeable, If it is agreeable, he should speak. "The bhikkhu named so-and-so has been appointed by the Sangha as the collector of voting sticks. If it is agreeable to the Sangha, then be silent; thus I hold this." That bhikkhu, the collector of voting sticks, should collect the sticks. As the majority of bhikkhus who speak according to the Dhamma say, so should that dispute be settled. This, bhikkhus, is called a dispute settled. By what is it settled? By settlement in the presence and by the decision of the majority. And what is there in the settlement in the presence? The presence of the Sangha, the presence of the Dhamma, the presence of the Vinaya, the presence of the individuals. And what is there in the presence of the Sangha? As many bhikkhus as are eligible for the act are present, the consent of those whose consent is due has been brought, those present do not object— this is the presence of the Sangha there. And what is there in the presence of the Dhamma, the presence of the Vinaya? By which Dhamma, by which Vinaya, by which teaching of the Master that dispute is settled— this is the presence of the Dhamma, the presence of the Vinaya there. And what is there in the presence of the individuals? He who disputes, and with whom he disputes, both parties are present— this is the presence of the individuals there. And what is there in the decision of the majority? The doing, the making, the approaching, the accepting, the acquiescence, the non-objection of the act of the majority— this is the decision of the majority there. If, bhikkhus, a dispute thus settled is overturned by one who caused it to be done, there is an offense of expiation for overturning it; if one who gave consent is annoyed, there is an offense of expiation for annoyance. Three kinds of voting stick collection 235. Now at that time, a dispute arose, came to be, in Savatthi. Then those bhikkhus— dissatisfied with the Sangha's settlement of the dispute in Savatthi— heard that in a certain dwelling place many elder bhikkhus resided, learned, who had mastered the traditions, holders of the Dhamma, holders of the Vinaya, holders of the mātikā, wise, articulate, intelligent, conscientious, scrupulous, desirous of training. Desirous of training. If those elders would settle this dispute according to Dhamma, Vinaya, the Teacher's Dispensation, then this dispute would be well-settled. Then those bhikkhus, having gone to that dwelling, said this to those elders: ‘‘This dispute, venerable sirs, has thus arisen, has thus come to be. It would be good, venerable sirs, if the elders would settle this dispute according to Dhamma, Vinaya, the Teacher's Dispensation, so that this dispute would be well-settled.’’ Then those elders – just as the dispute was settled by the Sangha in Sāvatthī, so it was well-settled – thus they settled that dispute. Then those bhikkhus – dissatisfied with the settlement of the dispute by the Sangha in Sāvatthī, dissatisfied with the settlement of the dispute by many elders – heard indeed that in a certain dwelling, three elders were dwelling...or... two elders were dwelling...or... one elder was dwelling, learned, having received the tradition, a Dhamma-holder, a Vinaya-holder, a Mātikā-holder, wise, skilled, intelligent, conscientious, scrupulous, desirous of training. If that elder would settle this dispute according to Dhamma, Vinaya, the Teacher's Dispensation, then this dispute would be well-settled. Then those bhikkhus, having gone to that dwelling, said this to that elder: ‘‘This dispute, venerable sir, has thus arisen, has thus come to be. It would be good, venerable sir, if the elder would settle this dispute according to Dhamma, Vinaya, the Teacher's Dispensation, so that this dispute would be well-settled.’’